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Home My WebLink About8E - Labor Agreements CONSENT AGENDA: PREPARED BY: SUBJECT: DATE: BACKGROUND: DISCUSSION: STAFF AGENDA REPORT ~~ BOYLES, CITY MANAG~ ' RATIFICATION OF LABOR AGREEM T: 1)1996- 1998 LABOR AGREEMENT B T CITY OF PRIOR LAKE AND AFSCME LO 3884 AND 2) 1994-1995 AND 1996-1998 LABOR AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES REPRESENTING POLICE SERGEANTS. AUGUST 5TH, 1996 The City's negotiating team, consisting of Labor Attorney John Roszak, Assistant City Manager Blair Tremere, and Finance Director Ralph Teschner has been meeting with the four bargaining units representing City employees many times in recent months to negotiate Labor Agreements to address wages and conditions of employment in accordance with the Public Employee Labor Relations Act (PELRA). The primary objective in each negotiation has been twofold. First, to develop long term agreements which will provide some level of ongoing "Labor Peace" . Second, to achieve agreements which are reasonable economically and prudent from a language perspective. The Labor Agreements for which Council ratification is requested under this agenda item meet both criteria. The City Council has periodically conducted Executive Sessions for the purpose of remaining aware of the progress of negotiations. Shown below is a summary of the proposed agreements for the two bargaining units identified above. 1996-1998 Labor A2"reement between the City of Prior Lake and AFSCME Local 3884 Renresentin2" Professional. Technical. Clerical and Maintenance Emnlovees: Attached for Council Information is a copy of the Labor Agreement for 1996-1998 involving AFSCME employees. A summary of the settlement is as follows: 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER EXECUTIVE SUMlVIARY OF TENTATIVE SETTLEMENT WITH AFSCME ON JULY 17,1996 ..~ 1. Duration of contract. January 1, 1996 to December 31, 1998 (three years). 2. Economic terms. Type of C ompensationl Benefit 1996 1997 1998 Wages 1 1/2% on 1-1-96 1 3/4(Vo on 1-1-97 2 1/20/0 on 1-1-98 S10.00 per month S10.00 per month increase on 7-1-96 increase on 7-1-97 Limited \vage reopenerl H&H Ins. Dollar cap + $15.00 Dollar cap + $10.00 Dollar cap + $10.00 ($395.00) ($405.00) ($415.00) Dental No change No change No change Life Insurance No change No change No change PFP Schedule D2 Same as 1996 Same as 1996 Call back pay No change I No change I No change 1 Applies only to positions ofeSO, Receptionist/Secretary, Maintenance Worker I and II, and Park Maintenance II ' . 2 The parties had a dispute as to whether PFP was part of the contract or not. While Appendix D is part of the contract, the text does not make the PFP system part of the contract. We have preserved our ability to debate the subject. Appendix D is sunsetted on 12-31-98. Type of C ompensation/ Benefit 1996 1997 1998 ., Working out of No change No change No change class On-call No change No change No change Holidavs No change No change No change ~ Vacations No change No change No change Leaves No change No change No change Severance No change No change No change Uniform Allo\vance No change No change No change Auto Allowance No change No change No change Tuition No change No change No change Reimbursement 3. Contract Language. 3.1 3.1 X Definition of anniversary date. .., i ~.- 10.1 No disciplinary or termination grievance during probationary period. 3.3 11.1 FLSA exempt employees excluded from work schedule article 3.4 18.1 Promoted or transferred employees on probation may use vacation. 3.5 - . ..... 33.1 Defines '.calendar year" for seasonal employees. 4. Creation of Labor Management Committee. 2 5. Negotiations Pay. . Non-Precedentialletter of understanding 6. Grievance Settlement . Both grievances were settled. The Finance Director will be preparing a report on the cost to the City. We estimate the cost to be $500.00. The contract does not allow AFSCME employees to receive longevity or educational incentive. It does, however, continue our practice of Performance Evaluation and merit- based salary increases. Attached for Council Information is a copy of the Bureau of Mediation Services Uniform Settlement Form, which portrays the actual cost increase associated with the Agreement for each of the three years. The total packa~e price of the new AFSCME Labor Agreement when compared to the baseline of each previous year is 3.51 % in 1996, 4.690/0 in 1997 and 4.400/0 in 1998. 1994-1995 and 1996-1998 Labor Agreement Between the City of Prior Lake and Minnesota Teamsters Public and Law Enforcement Employees Representing Police Sergeants. The Sergeants Bargaining Unit representing three Employees was formed in 1994. The contracts before the City Council this evening represent the first between the City and Police Sergeants. The contracts, which have been ratified by the Sergeants bargaining unit, are similar to the Police Officer Agreement. There are two agreements. The first is for the period of January 1, 1994 - December 31, 1995. The second is for the period of January 1, 1996 -December 31, 1998. The reason for two agreements is that the State statute limits Labor Agreements to a period of no greater than three years. Utilizing two agreements is a mechanism for maximizing the length of "Labor Peace" allowable under the law. A copy of each of the agreements is attached for Council information. The essential provisions of the two agreements are shown below: STAFF AGENDA REPORT -8E- CONTINUED ITEM 1994 1995 1996 1997 1998 Wages (top pay w/o $3,826.00 $3,942.00 $4,117.00 REOPEN REOPEN long.) Health Insurance/mo. $380.00 $380.00 $395.00 REOPEN REOPEN Dental Insurance/ mo. $ 40.00 $ 40.00 $ 40.00 $ 40.00 $ 40.00 Life Insurance/mo. $ 9.90 $ 9.90 $ 9.90 $ 9.90 $ 9.90 Disability Insurance/mo. $ 25.00 $ 25.00 $ 25.00 $ 25.00 $ 25.00 Clothing Allowance $575.42 $575.42 $609.00 Adj. in Adj. in accordance accordance with CPI with CPI % % increase Increase each year. each year. Holiday and Vacation 8 hour 8 hour 8 hour 8 hour 8 hour Accrual basis basis basis basis basis Longevity Eligibility Eligibility Eligibility Eligibility Eligibility Educational Incentive Eligibility Eligibility Eligibility Eligibility Eligibility Attached for Council Information is a copy of the Bureau of Mediation Services Uniform Settlement Form. The "package" cost of the new agreement when compared to the baseline of each previous year is 4.9% in 1994, 3.27% in 1995 and 3.60% in 1996. ISSUES: Labor Agreements typically do not provide complete satisfaction to either party. Such is the case with the Labor Agreements recommended for City Council action this evening. The Agreements do, however, represent an equitable conclusion of bargaining between the two respective groups. Both resolve long standing labor negotiations to allow us the opportunity to focus upon the issues at hand, which are considerable in our growing Community. We have a tentative table agreement with LELS representing Prior Lake Police Officers and are awaiting their ratification so that final Council action 858E.OOC ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: attachments. 858E.DOC STAFF AGENDA REPORT -8E- CONTINUED can be scheduled. Negotiations are under way with the Prior Lake Management Group as well. l)Approve Resolutions 96-79 and 96-80 ratifying each of the three Labor Agreements, which are attached. 2)Defer action on one or more of the Labor Agreements subject to receipt of additional information. Alternative 1. Motion and second to adopt Resolutions 96-79 and 96- 80 ratifying Labor Agreements with the AFSCME Bargaining Unit and with the Sergeant's Bargaining Unit. RESOLUTION 96-79 RESOLUTION RATIFYING A 1996-1998 LABOR AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND COUNCIL 14 LOCAL 3884 AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES AFLCIO FOR THE PERIOD OF JANUARY 1, 1996 THROUGH DECEMBER 31, 1998. MOTION BY: SECOND BY: ___ WHEREAS, The City of Prior Lake and AFSCME Local 3884 have met to negotiate wages and conditions of employment in accordance with the Public Employee Labor Relations Act (PELRA) as amended, and WHEREAS, a Labor Agreement for the period January 1, 1996 -December 31, 1998 has been negotiated, and whereas the membership of Council 14 Local 3884, American Federation of State, County and Municipal Employees (AFLCIO) have ratified said agreement and WHEREAS, the agreement may not become effective until the City Council provides its final approval. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that it hereby ratifies the Labor Agreement between the City of Prior Lake and Council 14 Local 3884, American Federation of State, County and Municipal Employees AFLCIO for the period January 1, 1996-December 31, 1998 and; BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute the above referenced agreement on behalf of the City. Passed and adopted this 5th day of August, 1996. YES NO Andren Greenfield Kedrowski Mader Andren Greenfield Kedrowski Mader 16~~* Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Schenck Schenck City Manager City of Prior Lake (seal) RES9679,DOC RESOLUTION 96-80 RESOLUTION RATIFYING A 1994-1995 AND 1996-1998 LABOR AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND MINNESOTA TEAMSTER'S PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION LOCAL 320 REPRESENTING POLICE SERGEANTS. MOTION BY: SECOND BY: WHEREAS, The Public Employee Labor Relations Act as amended requires that the City negotiate with the exclusive bargaining representative for groups of essential and non-essential employees and WHEREAS, The Minnesota Teamsters Public and Law Enforcement Employees Union Local 320 represents three Prior Lake Police Sergeants and WHEREAS, Negotiations have taken place which have resulted in two Labor Agreements, the first for 1994-1995 and the second for 1996-1998 and WHEREAS, The employees who make up the Sergeants bargaining unit have ratified said bargaining agreements and. WHEREAS, The agreement cannot become effective until the Council provides its final approval NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that it hereby ratifies the 1994-1995 Labor Agreement between the City of Prior Lake and Minnesota Teamsters Public and Law Enforcement Employees Union Local 320 representing Police Sergeants, and; BE IT FURTHER RESOLVED, the City Council does hereby ratify the Labor Agreement between the City of Prior Lake and Minnesota Teamsters Public and Law Enforcement Employees Union Local 320 Police Sergeants Unit for January 1, 1996 through December 3, 1998 and; 16~6E~fe Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER BE IT FURTHER RESOLVED, the Mayor and City Manager are hereby authorized to execute each of the above referenced labor agreements on behalf of the City. Passed and adopted this day of , 1996. 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" c: al ~ R ~ " ~ o -< rn ~ (J 1-'0 .., '< o M\ N ~ CI.. ~ !: ~ 91 I'll ~ '" ., 1-'0 o ., L' III ;l';" it> ..., x Ci ~ c: VI <: ..., ;:0 rn " ;:0 rn VI ..., Z > ;..; <: ~ w it ;1- !: ~ el I'll ~ 'T1 CJ) (J :3:: trl Z o .- J:'- c Z ;::; L' o n IU I-' \..oJ r::t:J r::t:J J:'- July 18, 1996 AGREEMENT BETWEEN THE CITY OF PRIOR LAKE, MINNESOTA AND COUNCIL #14, LOCAL 3884, AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO January 1, 1996 through December 31, 1998 July 18, 1996 TABLE OF CONTENTS ARTICLE 1: PREAMBLE ............................................... 1 ARTICLE 2: RECOGNITION ............................................ 1 ARTICLE 3: DEFINITIONS: ............................................. 1 ARTICLE 4: UNION SECURITY ......................................... 3 ARTICLE 5: EMPLOYER AUTHORlTY .................. . . . . . . . . . . . . . . . .. 4 ARTICLE 6: SENIORlTY ............................................... 4 ARTICLE 7: JOB POSTING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 ARTICLE 8: GRlEV ANCE PROCEDURE .................................. 6 ARTICLE 9: DISCIPLINE ............................................... 9 ARTICLE 10: PROBATIONARY PERlODS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9 ARTICLE 11: WORK SCHEDULES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 ARTICLE 12 : WORK RULES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 ARTICLE 13: WORKOUT OF CLASS .................................... 11 ARTICLE 14: OVERTIME. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11 ARTICLE 15: CALL BACK PAY ........................................ 11 ARTICLE 16 : ON CALL DUTY IS T AND B Y PAY . . . . . . . . . . . . . . . . . . . . . . . . . .. 12 ARTICLE 17: HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12 ARTICLE 18: V ACA TI ON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 ARTICLE 19: SICK LEAVE ............................................ 14 July 18, 1996 AR TI CLE 20: ENIER G EN C Y LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15 ARTICLE 21: MILITARY LEAVE ....................................... 15 ARTICLE 22: LEAVES OF ABSENCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15 ARTICLE 23: ABSENCE WITHOUT LEAVE ......... . . . . . . . . . . . . . . . . . . . .. 16 AR TI CLE 24: SEVERA1"'J CE PAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16 AR TI CLE 25: UNIF 0 RM ALLO WAN CE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 7 ARTICLE 26: AUTOMOBILE ALLOWANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 17 ARTICLE 27: LICENSE REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 17 AR TI C LE 28: SER VI C E TRAINING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 7 ARTICLE 29: TUITION REIMBURSEMENT .............................. 17 ARTICLE 30: INSURi\NCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18 ARTICLE 31: RIGHT OF SUBCONTRA.CT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18 ARTICLE 32: PART-TIME EMPLOYEES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19 ARTICLE 33: SEASONAL AND TEMPORARY EMPLOYEES. . . . . . . . . . . . . . .. 19 ARTICLE 34: SAVINGS CLAUSE ....................................... 19 ARTICLE 35: DURATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19 SIGNATURES: ....................................................... 21 Labor Agreement between the City of Prior Lake and Council 14, Local 3884. AFSCME AFL-CIO July 18, 1996 ARTICLE 1: PREAMBLE This agreement entered into by the City of Prior Lake, hereinafter referred to as the EMPLOYER, and Local 3884 affiliated with Council 14, and the American Federation of State, County and Municipal Employees, AFL-CIO, hereinafter referred to as the Union has, as its purpose the promotion of harmonious relations between the ErvfPLOYER and the Union; the establishment of an equitable and peaceful procedure for the resolution of differences; and the establishment of rates of pay, hours of work and other conditions of employment. ARTICLE 2: RECOGNITION 2.1 The EMPLOYER recognizes the Union as the exclusive representative for a unit of employees of the City of Prior Lake composed as fo11o\vs: All employees of the City of Prior Lake. Minnesota. \\"ho are public employ"ees \vithin the meaning of Minnesota Statute 179A.031. subdivision 14, excluding supervisory. confidential and essential employees per BMS Case No. 93-PCE-1260. 2.2 In the event the EMPLOYER and the Union are unable to agree as to the inclusion and exclusion of a ne\\" or modified job class, the issue \vi11 be submitted to the Bureau of Mediation Services for determination. 2.3 The EMPLOYER shall not enter into any agreements covering terms and conditions of employment \vith employees of the bargaining unit under the jurisdiction of the a!rreement. whether individually or collective Iv , which in an\" \vav conflict with the ...... -' .. ..- terms and conditions of the agreement except through the certified representative. ARTICLE 3: DEFINITIONS: 3.1 The terms used in this agreement shall be defined as follows: A. Base rate of pay: The employee's hourly or monthly pay rate exclusive of overtime premium payor special allowance. B. Days: Unless othenvise indicated, means working days exclusive of holidays. C. Demotion: A change by an employee from a position in one work classification to a position in another classification with less responsible duties and a lower salary range. D. Department: A division of the City of Prior Lake government. Page 1 Labor Agreement between the City of Prior Lake and Council 14, Local 3884, AFSCME AFL-CIO July 18. 1996 E. Emergency: A situation or occurrence of a serious nature developing suddenly and unexpectedly and demanding immediate action as determined by the EMPLOYER. F. Employee: A member of the exclusively recognized bargaining unit as defined in this Agreement. G. EMPLOYER: The City of Prior Lake and its designated representatives. H. Employee Representative: For the purposes of this Article the Employee Representative is AFSCNIE Council 14. I. Exempt Position: A salaried position exempt from the provisions of the federal Fair Labor Standards Act. J. Full Time Employee: An employee who has completed their probationary period and who works at least forty (40) hours per \veek on an annual basis. K. Layoff: Separation from service with the EMPLOYER. necessitated by lack of work. lack of funds or other reasons \vithout reference to incompetence. misconduct or other behavioral considerations. L. Leave of Absence: An approved absence from \vork duty during a scheduled work period \vith or \vithout compensation. M. Overtime: Work performed. at the express authorization of the EMPLOYER in excess of forty (40) hours per \-veek. N. Part-time Employee: An employee \-vho has completed their probationary period and \-vho is regularly scheduled to \vork less than forty (40) hours per \-veek on an annual basis. O. Probationary Employee: An employee placed in a ne\-v position through hiring or transfer \vho has not completed six (6) months of employment in that position. P. Promotion: A change of an employee from a position in one work classification to a position in another work classification with more responsible duties and higher salary range. Q. Pyramiding: The payment of more than one form of premium compensation for the same hours worked. R. Regular Employee: A member of the exclusively recognized bargaining unit defined in this Agreement who has completed the required probationary period for newly hired or re-hired employees. S. Temporary/Seasonal Employee: An employee who works less than 140. working days in a calendar year designated by the EMPLOYER as seasonal or temporary . T. Seniority: Length of service established by Article 6. U. Union: The American Federation of State, County and Municipal Employees (AFSCME), Counci114, AFL-CIO. Page 2 ~---~~--~"""._-""'-~"'~""""""""->'""---'''''-~''''-------'''~~>'<<';'---'''->-~~'''-''>''"'''''''''-='_.''~-~'''-~';'~-'''''''''''''---'-''~'''.''''''''''''''''"-;'''''-' Labor Agreement between the City of Prior Lake and Council 14. Local 3884. AFSCME AFL-CIO July 18. 1996 v. Union Member: A member of AFSCME, Council 14, Local 3884. W. Union officer/Ste\vard: An officer elected or appointed by AFSCME, Council 14, Local 3884,AFL-CIO. X. Anniversary Date: An employee's anniversary date upon initial employment will be the date the employee first began performing services. If an employee is assigned by the City to a new position on a regular basis, then the date that the employee begins performing services in the new position will become a new anniversary date. ARTICLE 4: UNION SECURITY 4.1 The EMPLOYER agrees to deduct Union dues from the wages of those employees who individually request in \vriting that such deductions be made. The EMPLOYER will remit monthly such deductions to the Union with a list of the names of the employees from ""'hose wages the deductions were made. The Union shall certify to the EMPLOYER in \vriting the amount of dues to be \vithheld. 4.2 Any present or future employees \vho are not Union members may be required to contribute a fair share fee for the services rendered by the Union. LTpon notification by the Union. the EMPLOYER shall deduct said fee from the earnings of the employee and transmit the same to the Union. This provision shall remain operative only so long as specifically provided by Minnesota la\v, and it is othenvise legal. 4.3 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. 4.4 The EMPLOYER agrees to furnish and maintain a bulletin board for the posting of Union notices. The Union shall limit its bulletin board postings to official Union notices. 4.5 The EMPLOYER agrees to recognize, upon certification from the Union, three (3) stewards. Employees may designate any steward for their representative func~ions provided that once a stewar~ is selected for a specific action, the designated ste\vard will not normally be changed. Page 3 Labor Agreement between the City of Prior Lake and Council 14, Local 3884. AFSCME AFL-CIO July 18, 1996 4.6 Non-employee representatives of the Union shall be permitted to come on the premises of the EMPLOYER for the purpose of investigating and discussing grievances provided the Union Representative does not interfere with the work of employees. ARTICLE 5: EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; 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 this employment not specifically established or modified by this AGREE!v1ENT shall remain solely within the discretion of the EMPLOYER to modify~ establish or eliminate. ARTICLE 6: SENIORITY 6.1 Types of seniority: There shall be three types of seniority established by the AGREEMENT. A. Employer Seniority: The total length of continuous service \vith the City. B. Department Seniority: The total length of service within a specific department or division of City service. C. Classification Seniority: The total length service within a \vork classification. 6.2 Breaks in Seniority: An employee"s seniority shall be broken by voluntary resignation, discharge, retirement or 18 months after layoff with no recall. 6.3 Seniority shall determine the order of: A. Layoff: \vhich shall be by classification within the City, in inverse order of classification seniority, unless the senior employee is unable to perform the work as outlined in the job description. However, an employee about to be laid off shall have the right to bump ( displace) any employee in a lower classification, provided that the EMPLOYER determines the job relevant qualification factors between employees is equal. . B. Recall from layoff: Which shall be by classification within the City, in inverse order of layoff, provided that, if an employee does not return to work upon recall, as directed by the EMPLOYER, or on an extended date mutually Page 4 Labor Agreement between the City of Prior Lake and Council 14, Local 3884, AFSCME AFL-CIO July 18, 1996 acceptable to the employee and the EMPLOYER. she/he shall automatically have terminated hislher employment. Recall notification shall be by registered or certified mail to the employee's last known address for an indefinite layoff and shall be contained in the layoff notice for layoffs for a definite period. An employee ~ s name shall be retained on the recall list for eighteen (18) months, at which time all rights to recall shall terminate. 6.4 The EMPLOYER shall issue written notice of an indefinite layoff at least ten (10) calendar days in advance of layoff and will meet and confer with the Union to attempt to minimize the impact of the layoff on unit members. The EMPLOYER shall issue written notice of recall from an indefinite layoff to affected employees~ providing at least seven (7) calendar days to return to work. An indefinite layoff shall be defined as a layoff made for an indeterminate period at the time of notice or any layoff of forty- five (45) or more days. The EMPLOYER may layoff an employee for a definite period of fony-four (44) days or less by giving \vritten notice to the affected employees. 6.5 Temporary and seasonal employees in the same department and classification shall precede regular employees in layoff. No ne\\' employees shall be hired in a \vork classification \vithin a department \vhere there are employees on layoff status until all laid off employees have been recalled in accordance \vith the provisions above. 6.6 The EMPLOYER is committed to hiring the most qualified candidate for City service. When all other qualifications are equaL the EMPLOYER shall select the applicant with the greater service seniority for the job opening. Positions \vhere employees are reclassified shall not be considered vacant or newly created for the purpose of this section. ARTICLE 7: JOB POSTING 7.1 The EMPLOYER reserves the right to advertise for any and all position openings. The EMPLOYER agrees to provide a written posting in a conspicuous place on the department bulletin board, at least five (5) days prior to filling such vacant or newly created position so that the employees may indicate by their interest in the job :vacancy an application before the advertised deadline. ' 7.2 Promotion from \vithin: The EMPLOYER supports the concept of promotion from within the job classifications of the designated bargaining unit when the candidate: A. Has the necessary qualifications to meet the standards of the job vacancy. Page 5 Labor Agreement between the City of Prior Lake and Council 14. Local 3884, AFSCME AFL-CIO July 18. 1996 B. Has the ability to perform the duties and responsibilities of the job vacancy, and, c. Is the most qualified candidate for the position as determined through recruitment, testing and interviews. Such determination shall be solely made by the EMPLOYER. ARTICLE 8: GRIEVANCE PROCEDURE 8.1 Definition of a Grievance: A grievance is defined as a dispute or a disagreement, as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 8.2 Processing a Grievance: It is recognized and accepted by the EMPLOYER and the Union that the processing of grievances as hereinaft~r provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal \vorking hours only when consistent \vith such employee duties and responsibilities. The aggrieved employee and the Union representative shall be allo\ved a reasonable amount of time without loss of pay \vhen a grievance is investigated and presented to the EMPLOYER during normal \vorking hours provided the employee and the Union representative have notified and received the approval of the EMPLOYER and \vho has determined that such absence is reasonable. 8.3 Procedure: Grievances. as defined by Article 8.1 shall be resolved in conformance with the follo\ving procedure. Step 1. An employee claiming a violation concerning the interpretation or application of this contract shalL \vithin ten (10) calendar days after such alleged violation has occurred, present such grievance to the Employee's immediate supervisor. The grievance shall be placed in writing and set forth the nature of the grievance, the facts on which it is based, the provision or provisions of the contract allegedly violated. and the remedy requested. The immediate supervisor shall respond to the grievance within ten (10) calendar days of receipt of the written grievance. The Union may appeal the immediate supervisor's answer to Step 2 within ten (10) calendar days of the 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. Page 6 Labor Agreement between the City of Prior Lake and Council 14. Local 3884. AFSCME AFL-CIO Step 2. Step 3. Step 4. July 18, 1996 If appealed, the written grievance shall be presented by the Union and discussed with the employee's department head. The department head ftfttt 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 \vithin ten (10) calendar days following the department head's answer in Step 2. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar day shall be considered waived. If appealed, the written grievance shall be presented by the Union and discussed with the City Manager. The City Manager, or his/her designee shall give the Union the EMPLOYER's answer in \vriting within ten (10) calendar days after receipt of such Step 3 grievance. If grievance is not resolved in Step 3, it may be appealed to Step 4 within ten (10) calendar days of receipt of the City Manager"s or his or her designee's ans\ver in Step 3. Any grievance not appealed in \vriting to Step -+ by the Union within ten (10) days shall be considered \vaived. Step 3A. Prior to submission of a dispute to arbitration. the Union may request that the dispute be mediated through the services of the Bureau of l'vlediation Services. If the EMPLOYER agrees to mediation. the timelines set forth in Step 3 to appeal to Step 4 shall be tolled until the completion of the mediation. A grievance unresolved in Step 3 and appealed to Step 4 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 the Arbitration of Grievance" as established by the Bureau of Mediation Services. 8.4 Arbitrator's Authority: The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this contract. The arbitrator shall consider and decide only the specific issue(s) submitted in \vriting by the EMPLOYER and the Union, and shall have no authority to make a decision on any other issue not so submitted. The arbitrator may not ignore the language of the' agreement, to pursue the rules of the shop or other considerations beyond the scope of the written agreement. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any \vay the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision Page 7 Labor Agreeml::nt bl::tween thl:: City of Prior Lake and Council 14, Local 3884. AFSCME AFL-CIO July 18. 1996 shall be submitted in writing within thirty (30) days following the 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. 8.5 Arbitrator's Fees: The fees and expenses for the arbitrator's services and proceedings shall be borne by the EMPLOYER and the Union, provided that each equally be responsible for compensating its own party's 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 proceedings. the cost shall be shared equally. 8.6 Waiver: If a grievance is not presented \vithin the time limits set forth above, it shall be considered '~\vaived". If a grievance is not appealed to the next step \vithin the specified time limit or any agreed extension thereot: it shall be considered settled on the basis of the EMPLOYER's last ans\ver. If the EMPLOYER does not ans\ver a grievance or an appeal thereof'vV'ithin 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 of each step may be extended by mutual agreement of the ENIPLOYER and the Union. 8.7 Choice of Remedy: If, as a result of the \vritten EMPLOYER"s response in Step 3 or mediation in Step 3A. the grievance remains unresolved, and if the grievance involves the suspension. demotion or discharge of an employee \vho has completed the required probationary period. the grievance may be appealed either to Step 4. or a procedure such as: Civil Service or Veterans Preference. If appealed to any procedure other than Step 4, the grievance is not subject of the arbitration procedure as provided in Step 4. The aggrieved emp loyee shall indicate in writing which procedure is to be utilized, Step 4, or another appeal procedure, and shall make a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4. ARTICLE 9: DISCIPLINE 9.1 The EMPLOYER \vill discipline non-probationary employees for just cause. Discipline will be in one or more of the following forms: Oral reprimand Written reprimand Page 8 ""'~'~--~""-~-'~""_.'~'-~.'~'-~'-"-'-'''''''~'''''''''''''"-~,~"~<""","~"''''^''_..~_.","~".""."'.,"",~^_.v,;~.__..___'._______.,_,~.____~"'*',_..~,,__,....""'_,..,.,.._._.."""". ...,.._.._. _......~._,~...."'"''''..,,'''~~......''".,,~_'''''"''',~M... Labor Agreement between the City of Prior Lake and Council 14, Local 3884. AFSCME AFL-CIO July 18, 1996 Suspension Demotion Discharge 9.2 Notice of suspensions~ demotions, and discharge will be in written form and will state the reasons for the action taken. The Union will be provided with a copy of all written reprimands, notice of suspensions, demotions or discharges with the approval of the disciplined employee. 9.3 W ritten reprimands~ notices of suspensions and notices of discharge which are to become a part of an employee's personnel file shall be read and acknowledged by signature of the employee. The employee will receive a copy of such reprimands and notices. 9.4 Employees may examine their personnel files at reasonable times under the direct supervision of the EMPLOYER. 9.5 An Employee \vill not be questioned concerning the disciplinary action without a Union Ste\\'ard present, if the employee requests the presence of a Union Ste\vard. ARTICLE 10: PROBATIONARY PERIODS 10.1 All newly hired or re-hired employees will serve a six month probationary period subject to a satisfactory or better performance evaluation from the Employee~s supervisor. This probationary period may be extended at the discretion of the EMPLOYER for up to thirty (30) days. The Employee will be notified of any extensions and the reasons for the extension prior to the end of the initial probationary period. At any time during the probationary period a newly hired or re-hired employee may be disciplined or terminated at the sole discretion of the EMPLOYER and employee shall have no recourse to the grievance procedure regarding discipline or termination. A probationary employee, however, shall have the right to bring a grievance alleging a violation of any other provision of the contract. 10.2 All employees promoted or transferred will serve up to a six (6) month probationary period for any job classification in which the Employee has not previously completed a probationary period. Successful completion of the probationary period is subject to a satisfactory or better performance evaluation by the EMPLOYER. During the first forty-five (45) days of the probationary period, a promoted or reassigned Employee may return to hislher former position upon giving notice to the EMPLOYER. An Page 9 Labor Agreement between the City of Prior Lake and Council 14. Local 3884. AFSC\1E AFL-CIO July 18. 1996 Employee may be required to return to his/her former department and rate of pay at the sole direction of the EMPLOYER during the probationary period. ARTICLE 11: WORK SCHEDULES 11.1 The provisions of this Article shall apply to non-exempt employees under the Fair Labor Standards Act. 11.2 The normal work week shall be forty (40) hours Monday through Friday. Nothing herein shall be construed as a guarantee of hours of work per day or per week. 11.3 The normal work year shall be 2,080 hours per year. 11.4 Work Shift: v..j ork shifts, flex time arrangements, staffing schedules and the assignment of Employees thereto shall be established by the EMPLOYER. 11.5 Work Schedule Changes: The EMPLOYER \\-'ill give seven (7) calendar days advance notice of change in \\'ork schedule. In the event that \\'ork is required because of unusual or emergency circumstances such as. but not limited to~ sno\v, sleet. fire. flood or breakdovvn of municipal equipment or facilities~ no advance notice need be given. 11.6 It is recognized that service to the public may require establishment of non-regular shifts for some employees on a daily, \\'eekly~ seasonal or other basis than the normal \Nork week or day and the schedule may include Saturdays, Sundays or evenings. 11. 7 Work Breaks: Employees shall receive one (1) unpaid thirty (30) minut~ lunch break at the middle of their shift and two paid fifteen (15) minute breaks per eight (8) hour shift. With the approval of the EMPLOYER, an employee may use both fifteen (15) minute breaks in the first half or second half of a shift or combine them with their unpaid lunch break. ARTICLE 12: WORK RULES 12.1 The El\1PLOYER shall have the right to establish work rules that are not in conflict with this agreement. Page 10 ,-..-.,' '~""'~-~'-''''''''''~'-"-''''-'~''''----'-~'"''''~'---''''-'-'-''.....--.......,..- .~_..".,~,...,.,--""""'.-._~.----,----....-_..............."""""',~.,--,.,_._~."".._.",~.,,,,~-~....,,._---,..,,-,",~--,-,,,."-,,"~.,,,,,,-~._...........",,, Labor Agreement between the City of Prior Lake and Council 14. Local 3884. AFSCME AFL-CIO July 18. 1996 ARTICLE 13: WORKOUT OF CLASS 13.1 An employee who is specifically assigned to perform work which is at a higher classification shall receive hislher regular rate of pay for the first ten (10) consecutive working days of such work, and shall receive the minimum of the range of the higher classification or three (3) percent of the employee's salary, whichever is greater, for each day thereafter. In no case shall the out of class pay exceed the maximum of the salary range of the higher classification. For the purposes of this Article an out of the class position is one which has a higher range minimum than the employee's position. ARTICLE 14: OVERTIME 14.1 Overtime: All hours worked by non-exempt employees in excess of forty (40) per week shall be considered overtime. 14.2 Overtime Rate: All employees shall be compensated for all overtime hours \vorked at the rate of time and one-half (1 1/2) the employee's base pay rate. Accrual and use of compensatory time shall be subject to the prior approval of the EMPLOYER. No employee shall retain more than forty (40) hours in the compensatory time bank; hours earned in excess of forty (40) shall be paid in cash at the appropriate rate. 14.3 No Pyramiding of Hours: The base pay rate or premium compensation shall not be paid more than once for the same hours worked under any provisions of this AGREEMENT nor shall there be any pyramiding of premium compensation. 14.4 Overtime shall be voluntary except in emergencies or when the required employees are not available on a voluntary basis. If there are no volunteers sufficient for a work assignment, the City will assign the overtime to employees at the discretion of the EMPLOYER. ARTICLE 15: CALL BACK PAY 15.1 An Employee called to work at a time other than the Employee's regularly scheduled shift will be compensated at a minimum of two (2) hours pay at one and one-half (1 1/2) the Employee's current base pay. Extensions, changes in shifts, or call to report to work early shall not qualify for call back pay. Page 11 Labor Agreement between the City of Prior Lake and Council 14. Local 3884. AFSCME AFL-CIO July 18, 1996 ARTICLE 16: ON CALL DUTY/STANDBY PAY 16.1 Employees directed by the EMPLOYER to be on call or on standby will be compensated a minimum of one (1) hour each day Monday through Friday and a minimum of two (2) hours for Saturday, Sunday and Holidays. Call outs while on call/standby will be paid for a two (2) hour minimum at the rate of time and one half (1 1/2) the employee's rate of pay. ARTICLE 17: HOLIDAYS 17.1 The EMPLOYER shall recognize as paid eight (8) hour holidays those holidays specified as follows: New Year's Day January 1 Martin Luther King Day the third (3rd Monday in January) President's Day the third (3rd Monday in February) Memorial Day the last Monday in May Independence Day July 4 Labor Day the first (1 st) Monday in September Veteran's Day November 11 Thanksgiving Day the fourth (4th) Thursday in November The Friday after Thanksgiving Day Friday after Thanksgiving Christmas Eve Day December 24 Christmas Day December 25 and One (1) floating holiday 17.2 All non-probationary regular full-time employees shall be eligible for a floating holiday starting on January 1 of the year after the employee achieves regular employee status. Probationary employees shall not be eligible for a floating holiday. Scheduling of an employee's floating holiday shall be by mutual agreement benveen the employee and his/her supervisor. A floating holiday cannot be carried over from one year to the next. 17.3 An employee shall be eligible for holiday pay provided that he/she is on paid status on the scheduled work day immediately prior to the holiday and the scheduled \vork day immediately after the holiday. 17.4 When a holiday, as designated in this Article, falls on Sunday, the following day (Monday) shall be considered the holiday. When a holiday, as designated in this Article, falls on a Saturday, the preceding day (Friday) shall be considered the holiday. Page 12 Labor Agreement between the City of Prior Lake and Council 14, Local 3884, AFSC~E AFL-CIO July 18, 1996 An employee, regardless of his /her work schedule, shall receive the same number of holidays as an employee whose normal work week is Monday through Friday. 17.5 Non-exempt employees assigned and required by the EMPLOYER to work on a holiday as designated in this Article, shall receive overtime compensation at one and one-half(1 1/2) times their base rate of pay for hours worked, plus the holiday compensation at their base rate of pay (up to eight (8) hours), but in no case shall the total compensation amount to more that two and one-half (2 1/2) times the employees base rate of pay. ARTICLE 18: VACATION 18.1 Full time employees shall accrue vacation leave during the probationary period, but are not allowed to use vacation time until after the probationary period has been completed. A promoted or transferred employee on probation \vho has earned vacation may request to schedule and use a vacation leave while on probation. Vacation time shall accrue on a pro-rata monthly basis on the follo\ving annual schedule: Years of Service 0-3 years 4-9 years 10-14 years 15 years 16 years 1 7 years 18 years 19 years and over Annual Hours Earned 80 hours 120 hours 160 hours 168 hours 176 hours 184 hours 192 hours 200 hours 18.2 Scheduling vacation time: Department heads are responsible for scheduling the vacation leaves of their employees. Vacation of over two days should be scheduled at least three (3) weeks in advance. Employees are encouraged to give one (1) week notice for one (1) to two (2) vacation day requests. 18.3 Accumulating vacation time: Employees may carry accrued vacation leave balances equal to two times their annual vacation earnings. For example, an employee earning two (2) weeks of vacation time annually, will be allowed to carry a vacation balance up to four (4) weeks. Accruals exceeding the maximum balance shall be considered lost on December 31 st of each year. Page 13 Labor Agreement between the City of Prior Lake and Council 14, Local 3884. AFSCME AFL-CIO July 18. 1996 ARTICLE 19: SICK LEAVE 19.1 Accrued sick leave: All full time and part time employees, including probationary employees but excluding temporary and seasonal employeesA shall earn sick leave. Full time employees shall earn sick leave at a rate of one eight (8) hour day per month. Sick leave will accrue for part time employees working more than 20 hours per week prorata based on hours worked. 19.2 Eligibility for sick leave: All employees, except probationary employees may be allowed to use accumulated sick leave in the event of illness or injury to the employee or hislher children. 19.3 Employees may accumulate the unused portion of sick leave to a maximum of one hundred twenty (120) days. 19.4 Once a year employees \vho have accumulated at least ninety (90) days of sick leave may receive cash payment for their sick leave days in excess of ninety (90) days at fifty (50) percent their current rate of pay. 19.5 Sick Leave may be authorized for the follo\ving reasons \vith the limitations as specified: A: For illness or injury. preventive exams. dental or medical treatment for the employee or their immediate family (where there are no other responsible adults available in the household). B: Sick leave usage shall be subject to the approval and verification by the department head~ who may require the employee to furnish a report for an absence of three (3) days or more from a recognized medical authority attesting to the necessity of the leave, ability to return to duty or other information deemed necessary. 19.6 Disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth and recovery therefrom, are, for all job related purposes, temporary disabilities and shall be treated as any other illness. ARTICLE 20: EMERGENCY LEAVE 20.1 An employee may be granted emergency leave by the EMPLOYER if a critical situation such as a serious illness or a death has occurred in the immediate family. Page 14 Labor Agreement between the City of Prior Lake and Council 14, Local 3884. AFSCME AFL-CIO July 18. 1996 Such leave may be taken from sick leave, floating holiday, vacation leave, or without pay~ in that order. 20.2 An employee may be allowed to use one (1) day ofhislher accumulated sick leave in the 'event a member of the employee's immediate family is hospitalized due to critical illness or injury. One (1) such leave day shall be allowed in a calendar year. 20.3 Funeral Leave. An employee may be granted up to three (3) days per calendar year of paid leave in conjunction with a death of a member of the employee's immediate family. 20.4 Definition of Immediate F:1mily. For the purposes of ARTICLE 20 Section l~ 2 and 3, immediate family shall be defined as the employee~s parents~ spouse~ brother~ sister, spouse's parents, children, spouse's brother or sister, grandparents or spouse's grandparents. 20.5 The EMPLOYER shall provide unpaid leaves of absence. in addition to any other leave authorized by this AGREEMENT, in conformance with State or Federalla\v. ARTICLE 21: MILITA.RY LEAVE 21.1 In accordance with State and Federal laws, any employee required by official military orders or related authority to attend Military Reserve training shall receive full \.vages at hislher current base pay rate for the period of the active duty required for such training, not to exceed fifteen (15) calendar days per calendar year. The employee shall present the EMPLOYER with copies of the official orders received as soon as practical after the necessity for the leave is known. ARTICLE 22: LEAVES OF ABSENCE 22.1 Employees shall be eligible for leaves of absence after one year's service with the EMPLOYER. 22.2 Application for leave shall be submitted in writing by the employee to the EMPLOYER. The request shall state the reason the leave of absence is being' requested and the length of time off the employee desires. Authorization for a leave of absence shall be furnished to employee by the EMPLOYER in writing. 22.3 A request for a leave shall be answered within ten (10) work days. Page 15 22.4 ?? .- -_.) 22.6 22.7 Labor Agreement between the City of Prior Lake and Council 14. Local 3884. AFSCME AFL-CIO July 18. 1996 Employees will be granted a paid leave of absence to undergo a medical procedure to donate bone marrow in accordance with applicable state law. Neither benefits nor salary increases will be earned by employees while on a leave of absence without pay. Employees returning to work after leave without pay will be paid at the same rate of pay received before the leave began. Health~ dental and life insurance, if it is kept in force, must be paid in full by the employee during an authorized leave of absence. Failure on the part of the employee to request an extension prior to expiration of a leave of absence without compensation, or to notify the EMPLOYER within three (3) calendar days after the expiration of such granted leave, shall be considered a resignation from City service. ARTICLE 23: ..\BSENCE WITHOUT LEAVE 23.1 Any absence of an employee from scheduled duty that is not promptly reported to and authorized by the EMPLOYER shall be deemed an absence \vithout leave. Any employee absent \vithout leave shall be subject to disciplinary action and any employee absent \vithout leave for three (3) consecutive days shall be deemed to have resigned his/her employment. provided that the EMPLOYER may grant approval for leave subsequent to the unauthorized absence if the EMPLOYER determines the circumstances surrounding the absence warrant such action. ARTICLE 24: SEVERA.NeE PAY 24.1 An employee who has worked for the City for at least five years and who retires or otherwise terminates employment for reasons other than discharge shall receive fifty (50) percent of the accrued, but unused sick leave. The severance pay shall be paid at the rate of the employee's last rate of pay as of the date of termination. 24.2 An employee \vho retires or othenvise terminates employment will receive one hundred (100) percent of the employee's accrued, but unused vacation leave. 24.3 In the event of the death of an active employee, the estate of said employee shall be paid one hundred (100) percent of the employee's accrued but unused sick leave and vacation leave. Page 16 Labor Agreement between the City of Prior Lake and Council 14, Local 3884, AFSCME AFL-CIO July 18, 1996 ARTICLE 25: UNIFORM ALLOWANCE 25.1 The EMPLOYER agrees to provide a uniform to those employees who are required by the EMPLOYER to wear a uniform. ARTICLE 26: AUTOMOBILE ALLOWANCE 26.1 Employees required by the City to use their personal cars while engaged in City work shall be reimbursed by the City for the number of miles they travel at the rate established by the City Council. ARTICLE 27: LICENSE REQUIREMENTS 27.1 The City agrees to reimburse employees for the follo\ving required Licenses and rene\val of same: Water Operators License Se\ver Operations License Building Inspectors License, Class I, II Journeyman Plumber~s License Professional Engineers Registration Master"s Plumbers License Limited Accessibility Specialist I.C .B.O. Building Inspector Sewage Treatment System Certificate Plans Examiner 27.2 Employees shall not use licenses paid by the EMPLOYER for personal or private employment or gain. ARTICLE 28: SERVICE TRAINING 28.1 The EMPLOYER agrees to pay the costs of tuition and program materials for any workshops. conferences or other training sessions vvhich the City requires an employee to attend. ARTICLE 29: TUITION REIMBURSEMENT 29.1 The EMPLOYER agrees to reimburse an employee for the costs of tuition and books for any college level course reasonably related to his-her position in which the, employee receives a grade of C or better, provided that the employee notifies the EMPLOYER ofhislher intent to take the course prior to May 1 of the fiscal year preceding the employee's enrollment in the course and obtains approval of the City Manager to attend the course. Page 17 Labor Agreement between the City of Prior Lake and Council 14. Local 3884, AFSCME AFL-CIO July 18. 1996 29.2 If an employee voluntarily resigns his/her position within one year after the completion of said course(s), he/she shall reimburse the EMPLOYER for all costs paid under the terms of this Article. 29.3 It is agreed and understood that any employee who is authorized to receive Veteran's benefits for such schooling will exhaust such Veteran's benefits prior to applying to the EMPLOYER for the payment of such tuition and books. ARTICLE 30: INSURANCE 30.1 The ENIPLOYER \vill provide group health insurance with aggregate benefits equal to those that presently exist for the duration of this AGREE!v1ENT. The EMPLOYER will pay a sum not to exceed the following amounts per month for single and dependent coverage: 1996 - $395.00: 1997 - $405.00: 1998 - $415.00. 30.2 The EMPLOYER \vill provide group dental insurance with benefits substantially the same as presently exist for the duration of this Agreement. The EMPLOYER \vill pay a sum not to exceed the least costly monthly premium for coverage of the employee and a sum not to exceed forty (40.00) dollars per month for single and dependent coverage. 30.3 The EMPLOYER \\"ill provide term life insurance \'lith benefits substantially the same as presently exists in the total face amount of $40,000. ARTICLE 31: RIGHT OF SUBCONTRACT 31.1 Nothing in this ,A.greement shall prohibit or restrict the right of the EMPLOYER to subcontract work performed by the employees covered by this AGREE:MENT. In the event that the EMPLOYER determines to contract out or subcontract any work performed by employees covered by this Agreement the EMPLOYER shall notify the Union when such determination is made, but in no case less than thirty (30) calendar days in advance of the implementation of such determination. During said period the EMPLOYER shall meet and confer with the Union to discuss possible ways and means to minimize adverse impact on the unit. Page 18 Labor Agreement between the City of Prior Lake and Council 14. Local 3884. AFSCME AFL-CIO July 18, 1996 ARTICLE 32: PART-TIME EMPLOYEES 32.1 Part-time employees are defined as employees who have completed their probationary period and who are regularly scheduled to work less than 40 hours a week on an annual basis. 32.2 Part-time Employees' years of service for the purpose of salary will be computed hourly, 2,080 hours equal to one year of service. 32.3 Part-time employees will earn sick leave benefits on a pro-rata basis~ provided that such employees are regularly scheduled to work not less than 20 hours a week. 32.4 Part-time Employees will be placed on the same salary grade as full-time employees in each classification as of January 1~ 1995. ARTICLE 33: SEASONAL AND TEMPORARY EMPLOYEES 33.1 Seasonal and temporary employees are defined for the purposes of this contract asemployees \vorking less than 140 working days in a calendar year. For purposes of this Article~ a -'calendar year'. shall begin \vith the first date of providing services by a seasonal or temporary employee and end 365 days later. A ne\v --calendar year" shall begin on the 366th day after the first date of performing services, and the cycle shall continue thereafter in the same fashion. ARTICLE 34: SAVINGS CLAUSE 34.1 This Agreement is subject to the law of the United States, the State of Minnesota and the City of Prior Lake. In the event any provisions of the Agreement shall be held to be contrary to la'\v by a court of competent jurisdiction from \vhose 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 re-negotiated at the written request of either party. ARTICLE 35: DURATION 35.1 Effect of Agreement: Any and all prior agreements, resolutions, practices, policies, rule~ and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. Page 19 35.2 35.3 35.4 35.5 Labor Agreement between the City of Prior Lake and Council 14, Local 3884, AFSCME AFL-CIO July 18, 1996 Termination or modification: Either party desiring to terminate or modify this contract must notify the other party in writing at least thirty (30) but no more than sixty (60) days prior to December 1, 1998, and shall be automatically renewed from year to year unless either party notifies the other party in writing that it desires to modify or terminate this Agreement no more than sixty (60) days prior to but no less that thirty (30) days prior to the expiration date. Negotiations during term: The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the opportunity to make demands and proposals regarding terms and conditions of employment. All understandings and agreements arrived at by the parties are set forth in this contract. For the duration of this Agreement the EMPLOYER and the Union each voluntarily and unqualifiedly "vaives the right to meet and negotiate regarding any and all terms and conditions of employment, whether or not specifically referred to or covered in this contract~ even though such matter may not have been \vithin the kno\vledge of either or both parties at the time this Agreement "vas negotiated or executed. Full a2feement: The EtvlPLOYER and the Union a2fee that this A2feement contains - -- all of the terms and conditions of employment \vhich have been arrived at and that the EMPLOYER shall not be obligated to provide or maintain any terms or conditions of employment not provided herein. Effective dates/opening: This Agreement shall be effective from January 1 ~ 1996 through December 31, 1998, and shall continue until such time as a ne\v contract bet\.veen the parties is executed. Page 20 Labor Agreement between the City of Prior Lake and Council 14, Local 3884, AFSCME AFL-CIO SIGNATURES: CITY OF PRIOR LAKE, MINNESOTA MAYOR Dated: ATTEST: City Manager Dated: July 18. 1996 AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO COUNCIL 14, LOCAL 3884 Bargaining Committee Member Bargaining Committee Member Dated: AFSCrvIE Staff Representative Dated: Page 21 Labor Agreement between the: City of Prior Lake and Council 14, Local 3884. AFSCME AFL-CIO July 18, 1996 APPENDIX A: WAGES AND SALARY SCHEDULES Salary Grade o 1 1 1 1 1 2 2 2 2 3 3 3 4 5 6 7 7 Position Community Service Officer Receptionist/Secretary PT Secretary/Receptionist - 20 hr/wk PT Secretary/Receptionist - 20 hr/wk PT Secretary/Receptionist - 24 hr/wk PT Secretary/Receptionist - 24 hr/wk Billing Clerk Maintenance Worker I Park Maintenance II Secretary Accountant I Engineer Tech I Sen ior Accountant Maintenance Worker II Associate Planner - Classified EXEMPT Engineering Tech IV Building Inspector \,Vater Resources Coordinator The compensation for the positions listed above will be paid in accordance with the salary Grade Number and zones of compensation set forth in the Salary Grade and Zone Schedule found in this Appendix A. 1996 WAGE INCREASE One and one-half percent (1 If: 0/0) increase retroactive to January 1, 1996 to wages within the Grade Number of the Appendix A Salary Grade and Zone Schedule. A $10 per month increase retroactive to July I, 1996 to wages within Grade Number in the Appendix A Salary Grade and Zone Schedule. Part-time employees will have the monthly increase converted to an hourly increase which will be multiplied by the hours they work. &> )( ilo x:3 I : I ~ Ie 0 1997 WAGE INCREASE One and three-quarters percent (1 3/40/0) increase effective 1-1-97 within Grade Numbers in Appendix A Salary Grade and Zone Schedule. A $10.00 per month increase effective July 1, 1997 to wages within Grade Number in Appendix A Salary Grade and Zone Schedule. Part-time employees will have the monthly increase converted to an hourly increase which will be multiplied by the hours they work. ~ "I/o j. 31 J; ; ~ D , . 1998 WAGE INCREASE Two and one-half percent (2 1/20/0) increase effective January 1, 1998 within Grade Number in Appendix A Salary Grade and Zone Schedule. Labor Agreement between the City of Prior Lake and Council 14, Local 3884. AFSCME AFL-CIO July 18. 1996 City of Prior Lake AFSCME Salary Grade and Zone Schedule Full Time Monthly Salary for 1996 & 1997 Grade Number Zone 1 Zone 2 Zone 3 7 2,970 3,319 3,319 3,669 3,669 4,018 6 2,763 3,088 3,088 3,413 3,413 3,738 5 2,532 2,830 2.830 3.128 3.128 3,426 4 2,308 2,579 2.579 2.851 2,851 3 .122 3 2,103 2,351 2.351 2.598 2~598 2.846 2 1,898 2,122 2.122 2,345 2,345 2.568 1 1,693 1,893 1.893 2,092 2,092 2.291 0 1,076 1,203 1,203 1.330 1,330 1.456 City of Prior Lake AFSCME Salary Grade and Zone Schedule Hourly Rate for 1996 & 1997 Grade Number Zone 1 Zone 2 Zone 3 7 17.13 19.15 19.15 21.17 21.17 23.18 6 15.94 17.82 17.82 19.69 19.69 21.57 5 14.61 16.33 16.33 18.05 18.05 19.77 4 13.32 14.88 14.88 16.45 16.45 18.01 3 12.13 13.56 13.56 14.99 14.99 16.42 2 10.95 12.24 12.24 13.53 13.53 14.82 1 9.77 10.92 10.92 12.07 12.07 13.22 0 6.21 6.94 6.94 7.67 7.67 8AO City of Prior Lake AFSCME Salary Grade and Zone Schedule Hourly Rate for 1998 Grade Number Zone 1 Zone 2 Zone 3 7 17.56 19.63 19.63 21.70 21.70 23.76 6 16.34 18.26 18.26 20.18 20.18 22.11 5 14.97 16.74 16.74 18.50 18.50 20.26 4 13.65 15.25 15.25 16.86 16.86 18.46 3 12.43 13.90 13.90 15.36 15.36 16.83 2 11.22 12.55 12.55 13.87 13.87 15.19 1 10.01 11.20 11.20 12.37 12.37 13.55 0 6.36 7.11 7.11 7.86 7.86 8.61 Labor Agreement between the City of Prior Lake and Council 14. Local 3884, AFSCME AFL-CIO July 18. 1996 APPENDIX B: STATEMENT CONCERNING SEXUAL HARASSMENT The EMPLOYER and AFSCl\1E Council 14 believe that all employees have a right to work in a atmosphere free of sexual harassment. To this end the EMPLOYER has adopted a specific personnel policy dealing with sexual harassment. Any employee who believes that he/she has been subjected to sexual harassment is urged to consult that policy. . In addition, the employee is urged to contact the City Manager or the Assistant Manager, his/her supervisor, or staff representative, ifhe/she is confronted with sexual harassment while an employee of the City. An employee may also contact the Minnesota Department of Human Rights or the Federal Equal Economic Opportunity Council (EEOC). APPENDIX B Labor Agreement between the City of Prior Lake and Council 14. Local 3884, AFSCME AFL-CIO July 18. 1996 APPENDIX C: LABOR MANAGEMENT COMMITTEE The parties agree to make a labor management committee. The parties will utilize the training provided by the Bureau of Mediation Services. The topics that will be submitted to the LMC include: 1. Insurance Committee. 2. Safety Committee. The City will revive the preexisting safety committee. The employees may bring to the LMC aspects of the safety committee which they wish to discuss. APPENDIX C Labor Agreement between the City of Prior Lake and Council 14, Local 3884, AFSCME AFL-CIO July 18. 1996 APPENDIX D: PAY FOR PERFORMANCE The EMPLOYER has maintained a system of Pay for Performance (hereinafter "PFP") in accordance with its Pay For Performance Guidelines (hereinafter "PFPG") and its Summary Evaluation of Overall Performance, a copy of which is attached, and its newly promulgated Pay F or Performance Appeal Process (hereinafter "PFP AP"). Any performance adjustments in wages are made by the EMPLOYER in addition to the wage rates specified in Appendix A of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, an employee shall not have the right to utilize the grievance procedure at Article 8 of this Agreement regarding the EMPLOYER'S evaluation of that employee's overall performance under the PFP system maintained by the EMPLOYER. The employee may utilize the PFP AP \vhich has been promulgated by the EMPLOYER. This Appendix D shall expire at midnight on December 31, 1998. This expiration is commonly kno\vn as "sunset clause." APPENDIX D Labor Agreement between the City of Prior Lake and Council 14, Local 3884, AFSCME AFL-CIO July 18. 1996 Summary Evaluation of Overall Performance Salary Review Adjustments Evaluation of Overall Performance Zone 1 Zone 2 Zone 3 New in position or has serious weakness or performance has stabilized below level required 0.000/0 0.000/0 0.00% to fully meet job requirements Making satisfactory progress toward meeting job 1.00% 1.000/0 0.500/0 requirements Meets all performance requirements. Considered 2.000/0 2.000/0 1 .000/0 to be a fully qualified performer in current position Exceeds overall position performance 3.000/0 2.500/0 1.500/0 requirements Performing at a level well beyond that normally 4.000/0 3 .000/0 2.000/0 expected Note: Performance adjustments in Zone 1 are based on 6 month reviews with Zone:; &3 adjustments based on annual reviews. APPENDIX D # 16927/dlr LETTER OF UNDERSTANDING July 17, 1996 This Letter of Understanding is entered into between the City of Prior Lake, Minnesota as the Employer and Council No. 14, Local 3884, American Federation of State, County and Municipal Employees, AFL-CIO as exclusive representatives of the employ~es as per the labor Agreement between the parties. The EMPLOYER will provide cash compensation at appropriate hourly rates for bargaining session time with the employer's bargaining team for the PELRA negotiations held in 1996 for the 1996 agreement and the 1996-1998 agreement. This payment is limited to unit members Anne Wager and Jeff Evens. These payments are a one time only payment and do not constitute a precedent or a practice on the part of the employer. In addition, when negotiations are re-opened in the event the City determines to change position descriptions as per the 7-17-96 Memorandum of Understanding, then up to two (1) AFSCl\.1E unit members who bargained during normal \vork hours will be paid at appropriate hourly rates. CITY OF PRIOR LAKE_ MINNESOTA AMERICAN FEDERATION OF STATE. COUNTY AND MUNICIPAL EMPLOYEES. AFL-CIO COlJNCIL 14~ LOCAL 3884 MAYOR Bargaining Committee Member Dated: Bargaining Committee Member Dated: ATTEST: City Manager AFSCrvIE Staff Representative Dated: Dated: RRM:16917 MEMORANDUM OF UNDERSTANDING July 17, 1996 REFERENCE: Review of Positions of Community Service Officer (CSO), Receptionist/Secretary, Maintenance Worker I and II and Park Maintenance II. The City reserves its inherent managerial rights, and the discussion of this subject does not constitute a waiver or an agreement to negotiate regarding inherent managerial rights. The City will evaluate all of the above positions by October 1, 1996, and receive employee input as to tasks performed by individuals presently employed in each of these positions. By November 1, 1996, the City will make its determination as to the structure and job descriptions for each of these positions. The City will provide AFSCNIE with information, data, and the opportunity for ongoing input throughout this process. Any adjustments in grades will result in pay adjustments retroactive to January 1, 1996. The parties agree to reopen wage negotiations following the completion study of job classifications no later than January 1, 1997 for the purpose of negotiating wages for the CSO, Receptionist/Secretary, Maintenance Worker I and II and Park Maintenance II. RRM: #17043 JUL-19-1996 09: 53 FROM RATWIK, ROSZAK &. MALONEY TO 44742519 P.a3 \) R.~ \=- \ GRlEV ANCE SETILEMENl AGREEMENT This Agreement is entered into by and between the City of Prior Lake, Minnesota (hereinafter "City) and Council No. 14~ Local 3884. .American Federation of State, County and Municipal Employees (hereinafter u'Exclusive Representative") for the purpose of resolving t'NO grievances which have come to be known as the ~hourly pay" grievance and the "anniversary date" grievance. RECITALS 1. On ~larch 8:0 1996,. an "Official Gricvance Form" was signed by employee Bill Lueck. He signed the ....Anniversary Datc." grievance at Stcp 1 alleging a violation of .A.rticle 2, Sections 2.1 and 2.3; and AppendL"'\. A; and pay for performance guidelines seeking pay retroactive to his actual anniversary date of Decemoer 5, 1995. 2. On ~larch 18. 1996, the grievance was denied for failing to state a claim upon which relief could be granted. for being untimely! and because the performance guidelines were not part of the collective bargaining agreem.ent. 3. Tne grievance was moved to Step 2 on ~Iarch 28. 1996. 4. On March 11, 1996, "all of Local 3884" sought to file the ""actual hours worked'" grievance at Step 3 alleging violations of Artidc 2. Sections 2.1 and 2.3~ Article 3! Section 3.1A. B and J; A.,.ticle 11 ~ Sections 11_1 and 11.2; A.nicle 32. Sections 3::.1 and 32.2; Article 35~ Section 35.1: and Appendix A seeking pay for all employees for the act"m hours worked at the Union negotiated hourly rate of?ay retroac~ive to January 1~ 1994. 5. On ~larch 21 ~ 1996. this grievance was denied for failing to state a claim upon ~.hich relief could be granted. for utilizing a ~;'class action.. not permittcd under the grievance procedure~ for being untimely. and for no violation of the contraCt. 6. On April 8'!' 1996. the City Manager intervened in the grievanc:~ process and proposed a settlement of both grievances which the parties have detcr:nined to be fair and equitable. L. On JutV 17 1996 the parties resolved the mevances. IN CONSIDERA nON OF the foregoing Recitals and the mutUal promises contained hereinafter, the parties agree to the following: .n.L -19-1996 09: 53 FROM RATW I K. ROSZAK 8. MALONEY TO 4474299 p.a~ \:) ~J~," ~ T TERMS 1. Pay For Hours Worked. 1.1 For the first half of 1996 (January 1 to June 30), employees who have worked that entire period of time will receive an additional eight hours of pay with the retroactive pav from the settlement of the 1996-98 contract. m ~eif Jt!fle ::9, 1996 ~a..~ t~~ek. This additional pay represents one-half of the additional sixteen hours of working time found in calendar year 1996 as compared to what is considered the '.norma1~ work. year of 2,080 hours which had been the basis for the City calculating the bi-monthly paychecks of its employees. 1.2 For the second half of the year (July 1 to December 31), employees who have worked that entire period of time will receive an additional eight hours of pay in their December 31. 1996 paychc:-;k. This additional pay represents one-half of the additional sixteen hours of working time found in calendar year 1996 as compared to what is considered the "nonna1~~ work year of ::'.080 hours which had been the basis for the City calculating the bi-monthly paychecks of its employees. 1.3 Part-time employees and employees who worked only a part of either one-half of the calendar year will have their additional hours prorated based upon their work year divided by 2.096 hours. 1.4 Effective January 1. 1997 ~ the City will utilize a new system for calculating pa~' under the customary bi-monthly pa~Toll s~.stem. Vnder the new method, each e~ployee will record their hours for each day. Tnis recorded information will be collected by the City and processed for pa~'me...~t in the form of a pa~Toi1 check issued at the end of the next pay p~iod following (he pay period in which the hours were recorded. For example. e:nployees 'h'Bl record their time for the period starting January 1. 1997 to January 15~ 1997. Pay for this recorded time w111 be issued with the payroll checks dated January 31. 1997. 1.5 As a result of sViitching to the new system for recording time. employees will not be issued a paycheck on Januar:.l 15. 1997. The exclusive representative will undertake the rcsponsibilit:- to advise the employees that they will not receive a paycheck on January 15~ 1997. Accordingly~ the employees may ~.ish to save sufficient monies from their current paychecks in Ot"der to provide adequate cash f1o~' during the month of January. 1997. Tne City does permit a pa:Toll deduction for saving to the credit union. Individual employees will ha......e to make the necessary arrangements for such payroll deductions.. 2 JUL-19-1996 09: S4 FROM RATWIK, ROSZAK 8. MALONEY TO 4474299 P.as 1)K~~T 1.6 The parties acknowledge that the pay system used by the City in prior years complied with the Federal Fair Labor Standards Act. Notwithstanding such compliance, the City will compensate employees for the actual hours worked in 1996 as stated above. The compensation will not be retroactive beyond January 1, 1996. ' 2. Anniversary Date. 2.1 An employee's anniversary date upon initial employment will be the date that they first began performing services. If an employee is assigned by the City to a new position on a regular basis~ then the date that the employee begins performing services in the new position will become a new anniversary date. 2.2 F or purposes of calculating increases in pay~ calculations shall be made retroactive to the fIrSt day of the pay period in which the employees anniversary date occurs. For example::- an employee with an anniversary date of January 14 would have their increased pay rate effective \Vith the tirst work day on or after January 1. Similarly~ an employee with an anniversary date of January 2 would have the higher pay rate calculated from the first work day on or after January 1. 3. Reservation. 3.1 In proposing this Senlement Agreement. the City does not admit or acknowledge any violations of the collective bargaining agreement or state or federal lav..'. This Settlement Agreerncmt is an attempt by the City to efficiently resolve its disputes with the exclusive representative in a fair and equitable manner. !. Settlement ofRetrOactivi~ Dispute. 4. 1 AFSC'ME has c;ubmitted the followini chart of individuals and hotll"S that those m9ividuals have not been naid datini hack to January 1. 1994. 3 --"~".,~~-'><_',_"""~-4;_~_.,',_,~_~",~,,,,,,,,,,,,,,,,,"~,,,_,,",,,,_,,_,,"'._'."",.d...."__~_.'''"''"'_^L.'''''-_..~''_~.".._~'''"'",<.'-._..'4".'''"'_..._.,..~c._____.........._=-..'"'_.~ J1.JL-19-1996 09:54 FROM RATWIK, ROSZAK & MALONEY TO 4474299 P.a6 1) KAr: T AnniVersary Hours Not BlT\P1Qyee Date Hours W orked Hours Paid Paid Fat" Anne Wager 04/18/94 ~ 1473 3 ...u Paul Baumbartner 03/16/94 16M 1646.7 .l.U Carl Schieder 04/01/94 ~ .lS2Q. ~ {'1,ad'Mata. 05/l6/94 UlQ l..lQn 2.QJl 11m Borchar-dt Q9/i 5/94 .-ill. 614..7 -Ll T~ani 'Le;ch(y 05/01/94 .l!!lO. 1 386.7 .l.U Ken Shennan 1 1 /21/94 ~ 237.7 ..lu1. Cnnnie Carl~on 09/15/94 .-ill. 614 7 -D. Carol Goracke 09/1 ~/94 .-ill. 614.7 .-L.l Jane ("nIb 05/16/95 l.ill. l..lQn llJl Ann BT'Own 01/30/95 1920 1 906 7 .Ll..l Bill Lueck 06/01 /95 1216 12133 ..l..1. The above list are e'Xam~les of emolovees that started in 1994 and 1995. The entire Local 3884 is short hou..~ worked versus hours paid to date for 1996 4" ..:..Aa& The Citv has revievw.ed the above data and (agrees or makes the following correctiot""..5 1: u The total va.lue of the hours not paid for ~aua.ls S 44 The parties a~e= to ~pllt this dollar ::.mount in half The City will an.... tn ench nfthe i~dividua.ls o~e-haIf (112) of the amounts ShO\'\iTt above in full. fmal and complete ~~~le~ent of the dispute with these individuals and all other oo~slble t ~nion members and the C nion.. 4.5 The n:a...vments win be included with the retroactive na",.check from the settlement of the 1996-98 labor negotiations. 4 JU..-19-1996 09:55 ~OM ~TWIK, ROSZAK & MALONEY TO 4474299 P. 07 '\.)KAF\ COUNCIL NO. 147 LOCAL 3884 AMERICAN FEDERATION OF STA~ COUNTY AND MUNlCIPAL EMPLOYEES CITY OF PRIOR L.AKE7 MINNESOTA By Its President By Its Mayor Dated: !I 1996 Dated: . 1996 By Its AFSCME StaffRcpresentative ATIEST: Dated: . 1996 By Its City Manager Dated: .. 1996 ft.RM; 160701blbldlr 5 , ( 1. _ ' LABOR AGREErvlENT BETWEEN THE CITY OF PRlOR LAKE -and- tvlINNESOTA TEAMSTERS PUBLIC AND Li\ W ENFORCEIvfENT EMPLOYEES LTNION LOCAL NO. 320 POLICE SERGEANTS UNIT J..\~li..\R'Y L 1994 TO DECE:\IBER 31., 1995 TABLE OF CONTENTS PAGE ARTICLE I. PURPOSE OF AGREE:MENT ................................. 1 ARTICLE II. RECOGNITION............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE III. DEFINITIONS ........................... ~ . . . . . . . . . . . . . . . . . 2 ARTICLE IV. ErvIPLOYER SECURITY .................................... 3 ARTICLE V. EMPLOYER AUTHORITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE VI. UNION SECURITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE VII. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE. . . . . . . . . . . . . 4 ARTICLE VIII. SAVINGS CLAUSE ....................................... 7 i\RTICLE IX. SENIORITY ............................................... 8 ,-\RTICLE X. PROBA, TION ............................................... 8 A,RTICLE XI. DISCIPLINE...................................... ........ 9 .~RTICLE XII. \VORK SCHEDULE ..\ND HOlfRS OF \VORK ................. 10 i\RTICLE XIII. OVERTIME.................................... . . . . . . . .. 10 A.RTICLE XIV. COURT THvIE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE XV. CALL BACK TIME .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE XVI. CLOTHING ALLOWANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 A.RTICLE XVII. HOLIDAYS ........................................ '.. .. 12 ARTICLE XVIII. SALARIES ............................................ 13 .ARTICLE XIX. LONGEVITY PAY PLAN ................................. 13 A.RTICLE xx. V~.\CA. TION LEAVE ...................................... 13 ARTICLE XXI. SICK LEAVE AND SEVERANCE PAY. . . . . . . . . . . . . . . . . . . . . . 15 ARTICLE XXII. HEALTH AND WELFARE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 :\R TI CLE XXIII. FlJNERAL LEAVE ..................................... 1 7 AR TI C L E XXIV. STANDBY PAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 7 .-\R TI C LE XXV. P . O. S. T. TRAINING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 7 ARTICLE XXVI. VACATION COVERAGE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ARTICLE XXVII. LEGAL SERVICES .................................... 18 ARTICLE XXVIII. n.JRY DUTYPROVlSION ..............................18 .\RTICLE XXIX. EDUC.-\ TION INCENTI\:'E PAY PL:\N . . . . . . . . . . . . . . . . . . . . . 18 ,~RTICLE XXX. \VORKING OLfT OF CLASSIFICATION .................... 19 A.RTICLE XXXI. DL.~.:\ TION ......................................... ~ . 19 LABOR AGREEMENT BETWEEN THE CITY OF PRlOR LAKE -and- MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 ARTICLE 1. PlJRPOSE OF AGREEMENT This Agreen1ent is entered into as of January 1, 1994, bet\veen the City of Prior Lake, hereinafter called the EMPLOYER, and the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 310. 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 A.greement's interpretation and/or application: and 1.2 Plac~ in \\Titten fornl the parties' agreenlent upon tern1S and conditions of ~nlployment for the duration of this A.gre~ment. A.RTICLE II. RECC)GNITION 1.1 Th~ EMPLOYER recognizes the Union as the exclusive representative. under Minnesota Statutes, Section 179A.03. Subdivision 14. for all police personnel in the follo\ving job classification: POLICE SERGEANT .., .., In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a ne\\~ or modified job class. the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III. DEFINITIONS 3.1 ., ? ~.- 3.3 3.4 ., - ~.) 3.6 3.7 3.8 3.9 3.10 3.11 3.12 UN} ON: The Minnesota Teamsters Public and La",,' Enforcement Employees' Union, Local No. 320. UNION NtEMBERS: A member of the Minnesota Teamsters Public and Law Enforcement Employees's Union~ Local No. 320. EMPLO'YEE: A member of the exclusively recognized bargaining unit. DEPA.R TMENT: The Prior Lake Police Department. EivlPLOYER: The City of Prior Lake. CHIEF: The Chief of the Prior Lake Police Department or designee. OVERTIME: Work performed at the express authorization of the Ei\1PLOYER in excess of the employee's scheduled shift. SCl-IEDL~LED SHIFT: .~ ~onsecuti\'e \\'ork period including rest breaks and a lunch break. REST BREA.K: Periods of tinle for rest purposes during the Scheduled Shi ft. The employee renlains on continual duty and is responsible for all joh duties. L C'\JCH BRE.'\K: .L\ period of time designated tor the employee to eat during the Scheduled Shift. The ~nlployee remains on continual duty and is responsible for all joh duties. STRIKE: Failing to report for duty, the \villful absence fronl one's position, the stoppage of \vork~ slow-do\vn or abstinence in whole or in part from the full. faithful and proper performance of the duties of the employee for the purposes of inducing. influencing or coercing a change in the conditions or con1pensation or the rights. privileges or obligations of employment. U0iION OFFICER: Officer elected or appointed by Minnesota Teamsters Public and La\\" Enforcement Employees' Union. Local No. 320 to act as l'nion officer. ., ...~,_.._.__"'""'--.....,._.......~.,.__,.".~,_"~._..........~.<"...,.,..~.,w.,.__,..""..".__.<....'M._.'..~,_......~_"_"_.........""'-'_"-'-~_~_......._..........-...._-....._...~.......~_.."..,,~_____.'_.~~A__~"".___--...__...... A.RTICLE IV. EMPLOYER SEClfRITY The UNION agrees that \vhile this Agreement is in effect, the UNION \vill not cause, encourage~ participate in or support any strike, slo\y down or other interruption of or interference with the normal functions of the ErvIPLOYER. .~RTICLE V. EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the sole right to operate and manage all manpo\ver, facilities and equipment in accordance \vith applicable la\vs and regulations of appropriate authorities. including, but not limited to~ the follo\ving: establishing functions and programs; setting and amending budgets: determining the utilization oftechnology~ establishing and modifying the organizational structure; planning, directing, and controlling the operations and services of the department; selecting. directing, and determining the number of personnel: assigning and transferring employees; establishing work schedules and assigning overtime; hiring, promoting, or relie\"ing employees: establishing and enforcing rules and regulations ~:\cept as limited by this Agreement. 5.2 f-\ny ternl and condition of employment not specitically established or nlodi tied by this Agreelnent shall remain solely \\'ithin the discretion of the ErvlPLOYER to modify. establish or eliminate. :\RTlCLE \-1. l "lO\: SECl~RITY 6.1 The EivlPLO'{ER shall deduct fronl the \\"ages of enlployees \vho authorize such a deduction in \vritine an amount necessary to cover monthlv UNION .... J ., dues. Such monies shall be remitted as directed by the l:N"ION. 6.2 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. 6.3 The LT1\rION may designate an employee from the bargaining unit to act as a ste\\'ard and an alternate and shall inform the EMPLOYER in \vriting of such choice and changes in the position of ste\\'ard \\'ithin 1\\'0 \veeks of signing the contract. or any change in designated personnel. ... :J 6.4 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notice(s) and announcenlent(s). 6.5 The EMPLOYER agrees to allow the officers and representatives of the bargaining unit reasonable time off and leaves of absence, without pay and with prior approval for the purpose of conducting UNION business \vhen such time \vill not interfere with the operations of the department. 6.6 The EMPLOYER agrees to post all promotional opportunities \\'ithin the department: to publish the method by \\ihich promotions shall be made \vithin the department and to make copies of all \vork rules and regulations available to employees. 6.7 The Business Agent of the UNION~ previously accredited to the City in \vriting by the UNION~ shall be permitted to come on the premises of the City for the purpose of investigating and discussing grievances in a responsible and reasonable manner. f\RTICLE VII. EivTPLOYEE RIGHTS.: GRIEVANCE PROCEDl'RE 7.1 Detinition of a Grie\"ance: A grie\"ance is d~lined a:, a dispute or disagreenlent as to the application or interpretation ("1f the speci tic terms and conditions of this A.greenlent. 7.2 L~~IO]\ REPRESENTATIVES: The E~'1PL(),YER :-;hall recognize represent3ti\'es designated by the Union as the gric\"3nce representati\"es of the bargaining unit haying the duties and responsibilities established by this A.rticle. 7.3 The Union shall notity the Enlployer in \\riling of the names of such L~nion Representatives and their successors ",,'hen so designated as provided by Article 6.3 of this Agreement. 7.4 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 s~all therefore be accomplished during normal \\"orking hours only \vhen consistent \\'ith such Employee duties and responsibilities. The aggrieved Employee and a LInion representati\"e shall be allo\yed a reasonable amount 4 of time \vithout loss in pay \vhen a grievance is inyestigated 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 t~at such absence is reasonable and would not be detrimental to their work for the Employer. 7.5 Procedure: Grievances. as defined in Section 7.1. shall be resolved in conformance \vith the follo\\'"ing procedure: Step 1: SteP 1.: Step 3: ,,\.n En1ployee clainling a violation concerning the interpretation or application of this Agreement shall. \vithin t\\"enty-one (2 1) 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 \vill discuss and give an ans\ver to such Step 1 grievance \vithin ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to in Step 2 shall be placed in \\Titing setting forth the nature of the grie\'ance. the facts on which it is based. the provision or provisions or the Agreenlent allegedly violated. the remedy requested and shall be appealed to Step 1. \\'ithin ten ( 10) calendar days after the Enlployer designated representatives tinal ans\ver in Step 1. .-\ny grievance not appealed in \vriting It' Step 2 hy the tTnion \\'ithin ten (10) calendar days shall be (onsidered \\'aived. I f appealed. the \\ ritten grievance shall be presented by the L" nion and discussed \\"ith the Employer designated Step 1. representative. The Employer designated representative shall give the union the Employer.s Step 2 ans\ver in \\Titing \vithin ten (10) calendar days after receipt of such grievance. A grievance not resolved in Step 2 may be appealed to Step 3 \\"ithin ten ( 10) calendar days follo\ving the Employer designated final Step 1. ans\ver. Any grievance not appealed in \\'riting to Step 3 by the Union \vithin ten ( 10) calendar days shall be considered \vaived. If appealed. the \\Titten grievance shall be presented by the l:nion and discussed \\'ith the Employer designated Step 3 5 representative. The Employer designated representative shall give the Union the Employer's ans\ver in \\'Titing \\"ithin 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 Employer designated representatives final ans\ver. If Step 4 is not appealed by the Union within ten (10) calendar days it 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 as amended. The selection of an Arbitrator shall be made from a list of five (5) arbitrators provided by the Director of the Bureau of Mediation Services. tossing a coin to decide who strikes first, and alternately striking names off of the list. 7.6 .A.rbitrator" s :~uthority: A.. The arbitrator shall have no right to anlend. nloditY. nullify. ignore. add to. or subtract fronl the ternlS and conditions of this .:\greenlent. The arbitrator shall consider and decide only the speci tic issue( s) subnlitted in \\Titing by the Enlploy~r :.lnd the l'nion. and shall ha,oe no authority to make a decision on any other issue not so subnlitted. B. The arbitrator shall be \vithout po\\"er to nlake decisions contrary to. or inconsistent \vith. or modifying or varying in any \\"ay the application of la\\"s. rules. or regulations ha\Oing the force and effect of la\\". The arbitrator's decision shall be submitted in \\Titing \vithin thirty (30) days following the close of the hearing or the submission of briefs. by the parties \vhichever is 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 of application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrators services and proceedings shall be borne equally by the Employer and the Union provided that 6 each party shall be responsible for compensating its o\vn representatives and \\'itnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made~ provided it pays for the record. If bo!h parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.7 Waiver: If a grievance is not presented \vithin the time limits set forth above it shall be considered Vv"aived. If a grievance is not appealed to the next step \\"ithin the specified time limit or any agreed extension thereof~ it shall be considered senled on the basis of the Employer" s last ans\.ver. I f the Employer does not ans\ver a grievance or an appeal thereof \vithin 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 \\Tinen agreelnent of the Employer and the Union in each Step. 7.8 Choice of Remedy: It: as a result of the \vrinen Employer's response in Step 3. the grievance remains unresolved. and the grievance involves the ~usrension. denlotion. or discharge of an Enlployee \\ho has completed the rel}uircd probationary period. the grievance 111a)" b~ appealed either to Step -+ ofA.rticle -; or a procedure such as Ci\il Service. Veteran.s Preference. or the F air Employment Act. I f appealed to any procedure other than Step 4 of A.nicle 7 the grievance is not subject to the arbitration procedure as pnn'ided in Step 4 of Article 7. The aggrie\'ed enlployee shall indicate in \\Titing \\hich procedure is to be utilized. Step 4 n1' Article 7 or another appeal procedure. and sign a staten1ent to the effect that the choice of any other hearing precludes the aggrieved en1ployee froll1 nluking a subsequent appeal through Step 4 of .Anicle 7. .~RTICLE \1111. S.-\ \-I1\GS CLAL"SE This Agreement is subject to the la\\1s of the United States. of the State of iv1innesota and of the City of Prior Lake. In the event any provision of this Agreement shall be held to be contrary to 1 a"" by a court of competent jurisdiction from \vhose final judgment or decree no appeal has been taken \vithin the time provided. such provisions shall be voided. All other provisions of this A.green1ent shall continue in full force .and effect. The voided provision may be renegotiated at the \\Titten request of either party. 7 !\RTICLE IX. SENIORITY 9.1 City Seniority shall be determined by the employee's length of continuous employment with the City of Prior Lake. 9.2 Departmental Seniority shall be determined by the employee's length of continued employment with the Prior Lake Police Department as a licensed Police Officer. 9.3 Job Classification Seniority shall be determined by the employee's length of continuous employment within the specific job classification. 9.4 A reduction in the \vork force in a specific classification shall be accomplished on the basis of seniority, with the least seniority employee in the classification being laid off first. second senior employee being laid off next. etc. 9.5 Employees being laid off from a specific job classification shall retain the right. if any. to bump back into any previously held lo\\'er position in the Prior Lake Police Department. 9.6 Enlployees shall be recalled from layoff on the basis of seniority. ..\n employee on layoff shall have the right to return to \\"ork \\"ithin 1\\'0 years {)f the tinle of his 'her layoff. provided the enlploy~~ has maintained all license requirements as established by the P.O.S.T. Board or is eligible for license. Notitication shall be by certitied letter. and upon receipt of. enlployee shall have t\velve (12) days to return to \\"ork. :\RTICLE X. PROBA~ TION 10.1 A promoted or ne\v employee shall be granted a one (1) year probation period to determine: A. The employee's ability to perform the job: B. The employee's desire to remain on the job: and C. During the probationary period. a nev.'-ly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. Durine: .. ... .... the probationary period. a promoted or reassigned employee may be returned to the previous position at the sole discretion of the 8 ETv1PLOYER. The employee may elect to return to the previous position during the probationary period. ARTICLE XI. DISCIPLINE 11.1 The EMPLOYER \vill discipline employees for just cause only in a form including but not limited to the following: A. Oral reprimand; B. W'rinen reprimand; C. Suspension: D. Demotions: E. Discharge. 11.2 Suspension. demotions or discharges \vill be in \\Tinen form. 11.3 Discipline shall become part of the Employee's personnel file and shall be ackno\\'ledged by signature of the e01ployee. En1ployee and the Lf0JION \\"ill receive a copy of such documents. 11.4 En1ployees n1ay exan1ine their 0\\"0 indi\'idual personnel tiles at reasonable tin1~s under the direct super\'ision or thl: E~ IPLO\"ER. 11.5 Elnployees shall not be questioned concerning an in\ estigation or disciplinary action unless the en1ployee has been given an opportunity to have a lTNION representative present at such questioning. 11.6 The ErvlPLOYER \vill not discipline an en1ployee in the presence of citizens or other en1ployees. other than the CNI0~ ste\\'ard. the e01plo; ee's designated lJNION representative. or supervisory personnel. or a designee. This shall not be deemed to apply to the issuance of \\"ork in~tructions or discussions held during departmental meetings. 11.7 Grievances relating to this Article may be initiated by the LTNION in Step 3 of the grievance procedure under Article VII. 9 A.RTTCLE XII. WORK SCHEDLTLE AND HOlTRS OF WORK 12.1 The normal \vork year is t\vo thousand and eighty hours (2,080) to be accounted for by each employee through: . A. Hours \-\lorked of assigned shifts; B. Holidays~ C. Assigned Training; D. Authorized Leave Time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 11.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee ofa minimum or maximum number of hours the EMPLOYER may assign employees. :\RTICLE XIIl. OVERTHv1E 13.1 Enlployees shall be conlpensated at one and one-half ( 1- L2) times the enlployee's regular base pay rate for all hours \\"orked in excess of the t,.'nlployct:'s regularly scheduled shift. Changes of shift do not qualify an ~nlployee for o\'ertinle under this Article. 13..2 (h I2rtinl~ \\'i II be distributed on a \'olunteer basis to the n10st senior officer a\ ailable. I r no one wants to \vork it. the o\"ertinle shall be assigned to the junior en1ployee. This provision shall not apply if the employee has not had at least t\velve (12) hours off duty. 13.3 ()\cnime refused by employees. shall be considered as unpaid overtime \\"orked. 13.-+ ()\ ertime \vill be calculated to the nearest fifteen ( 15) minutes. 13.5 For the purpose of computing overtime compensation. overtime hours \\orked shall not be pyramided. compounded or paid t\vice for the same hours \vorked. 10 ~.;'--~'--"'-",---",-~~~.""-"""~,,,,-,,,,,~-~,,,,,~.,-,,,,,,,,,,,,~,,,,,,,,,,,,-~~-,-----~,~- ~ 13.6 Th~ E!v1PLOYER shall pro\'ide a n1inin1unl oft\\'e!\,e (12) hours off bet\\'een scheduled shifts. If an en1ployee is required to \\'ork \vith less than t\velve ( 12) hours off between shifts, then he/she shall be paid at the time of one and one-half(1-1/2) rate for all hours that are worked within the twelve (12) hour period, except when it is mutually agreed by the EMPLOYER and the employee to waive this requirement. 13.7 When prior approval has been obtained from the Employer, an employee may elect to receive overtime as compensatory time off to be utilized within the same calendar year during which overtime has accrued. Maximum compensatory time accumulated shall not exceed thirty (30) hours. ARTICLE XIV. COURT TIME 14.1 An employee \vho 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. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the enlployee fl1r the three (3) hour nlininlun1. Cancellation \\'ith less than t\\'enty- four (24) hours notice shall result in the l1linin1u111 being paid_ 14.2 In the e\ ent an enlployee is subpoenaed to testit~ in pri\i.lte party litigation in a capacity other than that of an expert \\"itness regarding an incident that has l)ccurred \\'ithin the scope of enlploY111cnt for the City or Prior Lake in\"oh-ing facts \\'hich the enlployee canle to kno\\' \\"hile on duty as a police officer. then the employee shall receive court tinle pay in accordance \vith the requirements as set forth in 14.1. In addition. if the employee uses a personal vehicle. then the employee may keep the mileage fee served \vith the subpoena. ARTICLE XV. CA.LL BACK TIME 15.1 An employee \vho is called back to duty during his scheduled off-duty time shall receive a minimum of 1\vo (2) hours pay at one and one-half (1-1 i'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 t\\"o (2) hour minimun1. 1 1 ARTICLE XVI. ClOTHI~G AllO\VANCE 16.1 Employees shall receive five hundred seventy-five and 42/100 dollars ($575.42) per year for clothing and maintenance allowance. This amount shall be adjusted in January of each year by the percentage increase in the January to January~ Minneapolis-St. Paul Consumer Price Index as reported by the lJ.S. Department of Labor Bureau of Labor Statistics for the preceding year. 16.2 Fifty percent (500/0) of the clothing allo\\"ance is to be paid in the first paycheck in June and the other tifty percent (50~/0) shall be paid in the first paycheck in December. 16.3 Probationary employees in their tirst year of employment can dra\\' up to six hundred fifty dollars (5650) from the EMPLOYER for uniforms, leather and equipment. In addition~ after they have passed their probationary period. they may dra\v against their uniform allo\\'ance. 1 h..+ Thc F\lPL(YYER shall pnnide a list of appro\'cd unifornl itenls. A.ny itcn1s that are different. or are in addition to the list of items that are currently required for pn:sent and ne\\' enlployees. shall be paid for by the E\lPLO'{ER. \\'ithout deduction from the unifornl allo\\'ance. 16,~ Th\..' [\lPL01"ER :,hall rr~)\ ide each en1ployce \\'ith a L~\'el 2 hallistic \ est. ~ithcr sid~ panel \~~t l)r th~tr extended c{)\'erag~ T-shirt style. and t\\'O ~n\'crs c\ery ti\'c Yc:.irs. .~RTIClE Xv'II. HOLIDAYS 17.1 Thc El'vlPLO '{ER shall d~signate t\\'el\'e ( 12) paid holidays at a maximum of eight (8) hours per day or ninety-six (96) hours per year. 17.2 A.ny holidays not taken by the employee shall be resold to the EMPLOYER at the employee's base pay rate during the first payroll in December. 17.3 :\ny ~n1ployee required to \vork on a holiday as designated in .A.rticle ,17.1~ shall be credited \\'ith an additional one-half e/: ) tinles his/he~ :-~gular base pay rate for all hours \vorked except any hours \vhich \\.ould be regular overtime hours per Article XIII. overtime. \vhich shall be paid as per Article 12 XIII provides. Holiday premium pay shall be given for all hours of the shift. including ten (10) hour shifts. ARTICLE XVIII. SALARIES See Appendix A ARTICLE XIX. LONGEVITY PAY PLAN 19.1 Each employee shall receive longevity pay in addition to regular base salary as per the following schedule: Three percent (30~) after four (4) years of service. Five percent (5~/0) after eight (8) years of service. Seven percent (70/0) after nvelve (12) years of service. Nine percent (9%) after sixteen (16) years of service. ~OTE: E'VERYONE .'\.GREES THAT THIS LANGUAGE ME.ANS SERVICE \VITH THE POLICE DEP.-\RTIVIENT. (This language \\'iIl be deleted on final draft of document) ,\RTICLE XX. \":\CA TION LEAVE 2().1 E:.lch cl11ployce shall accrue paid \"acation on a nlonthly basis as per the It'lln\\ing schedule: Start until three (3) full years of service - ten ( 10) eight hour days per year or ei 2:htv (80) hours. Start of the fourth (4th) through the ninth (9th) year - fifteen (15) eight hour days per year or one hundred twenty (120) hours. Start of the tenth (10th) through the fourteenth ( 14th) year - nventy (20) eight hour days per year or one hundred sixty (160) hours. Start of the fifteenth (15th) year - t\venty-one (11) eight hour days per year or one hundred sixty-eight (168) hours. 13 Start of the sixteenth (16th) year - t\venty-t\\"o (22) eight hour days per year or one hundred sevent).-six ( 176) hours. Start of the seventeenth (17th) year - twenty.-three (23) eight hour days per year or one hundred eighty-four (184) hours. Start of the eighteenth (18th) year - t\venty-four (14) eight hour days per year or one hundred ninety-t\vo (191) hours. Start of the nineteenth (19th) year and thereafter - t\\'enty-ti,,:e (25) eight hour days per year or t\VO hundred (200) hours. 20.2 Ne\\"ly hired probationary employees shall earn but cannot u:;e vacation until after t\\'elve (12) nlonths of service. 20.3 The days that an employee has scheduled off prior to. during. and preceding the employee's vacation leave are included in the employee's vacation "\\'indo\\"s". During this time period. the E\'1PLOYER \\'ill not schedule the c'nlployee for \\"ork. This section does not pre\"ent the E\'lPLOy'ER fronl scheduling ~nlployees to \\ork pr~deternlincd c\'cnts in \,"hich all enlployees in the department \\"ould be required to \\"ork. 20.-+ A. regular full tinle enlployee \\"ho has c0I11pleted a Illininlum of three (3) years of continuous :,et\'ice shalll1e allo\\"ed t(\ carry (Her fronl one calendar \'ear to the next one Jnd one-half I I :: ) tinle~ their accrued \'acation at the fate of accrual speci tied in 20.1. 20.5 A regular full tinle enlployee \\'ho has cOll1pleted less than three (3) years of continuous ser\'ice shall be alk1\\'ed to carry l)\er tronl llne calendar year to the next 1\\'0 (2) times their accrued \"acation at the rate of accrual specified in 20.1. 20,6 Personal Leave: Enlployees \vill be eligible for one (I ) personal day per year. The employee must pro\'ide 1\\"0 (2) days \\"rinen notice to E!\-IPLOYER prior to taking the personal day. The personal day can be taken at the officer's discretion. ho\\'eyer. no accunlulation or carryover of days can occur. No more than one ( 1 ) employee can take personal leave during the \\'eek. 1.+ .A~RTICLE XXI. SICK LEAVE AND SEVERANCE PAY 21.1 Each full-time employee shall earn eight hours of paid sick leave for each month of service. 21.2 Each employee shall be allo\ved to accrue paid sick leave up to a maximum of nine hundred sixty (960) hours. At their option employees who have accumulated at least seven hundred twenty (720) hours of sick leave may buy back the sick leave days in excess of seven hundred nventy (720) hours, at the current rate of pay. This option once exercised by an employee. shall continue until termination of employment. Such buy back of sick leave shall be subject to the follo\\"ing limitations: A. Any sick leave earned and accrued shall be paid off at tifty percent (500/0 ). 21.3 I f an employee uses nlore than t\\"o (2) consecutive days of sick leave. the E\,'lPLOy"'ER nlay require a doctor's slip as to the nature of the illness. 21.4 The: E~lPLO'{ER agrees to pay upon honorable ternlination of any enlployec after tive (5) years of service tifty percent (500/0) of the ~nlployee's accunlldat~d unused sick leave at the employee's current base pay rate. 21.~ In addition to the I110nthly accumulation of sick leave nlentioned above. each enlployee shall accumulate immediately upon employnlent. ninety (90) scheduled shifts (e.g.. up to 900 hours for a ten-hour shift or 720 hours for an eight-hour shift) of sick leave to be used only for injuries incurred during the performance of assigned duties. Such leave \\"ith pay shall be granted for any period of disability. provided that a doctor's certificate is tiled \vith the City l\tlanager stating that the employee is not able to return to \\ork. Such leave \\"ith pay shall not exceed ninety (90) \\"orking days per injury. If the en1ployee is receiving Worker's Compensation benefits for the disability. the City \vill pay the difference between the employee's Worker's Compensation benefits and the employee's full salary out of any accumulated and unused ninety (90) scheduled shifts of injury on-duty sick leave. Such sick leave shall not be used in computing severance benefits. 15 :! 1.6 .~t the enlployee's request the E~1PLOYER shall grant to the enlployee up to ninety (90) scheduled shifts (e.g. 900 hours for ten-hour shifts or 720 hours for eight-hour shifts) of unpaid medical leave after sick leave and vacation have been exhausted. 21.7 Any employee that claims an absence from work due to an injury sustained on the job is subject to an examination to be made in behalf of and paid for by the Employer by a person competent to perform the same and is designated by the EMPLOYER. i\RTICLE XXII. HE.~L TH .~ND WELFARE 22.1 The EMPLOYER \vill select and provide group health insurance \\"ith benefits at the same level as presently exists. The Employer \vill pay a sum not to exceed the monthly premium of three hundred eighty dollars ($380) per month for individual and dependent coverage. In the event premiums are increased beyond the maximum contribution paid by the En1ployer. then such increases shall be paid by the employee through payroll deduction. .,.,., The Ei\lPLOy'ER \\"ill select and pro\'ide group dt:ntal insur~nce \\"ith henetits substantially the sanle as presently exist. The Enlployer \,"ill pay a SUll1 not to exceed forty dollars ($40) per n10ntl1 for indi\ idual and dependent co\"erage. In the event that prenliunls are increased heyond the nlaxinlunl contributions paid by the Enlpl0yer. th~n such incr~ases shall be paid by the enlployee through payroll deduction. 22.3 The EMPLOYER \,"ill select and pn.)\'ide term life insurance in the total face amount of 540.000. The EMPLOYER \\'ill pay a sum not to exceed S9.90 per n10nth for the foregoing CO\ erage. In the e\"ent the pren1iun1s are increased beyond the maximum contribution provided by the ErvlPLOYER. such increase shall be paid by the employee through payroll deduction. 22.4 The EMPLOYER \vill select and provide long term disability insurance for employees. The EMPLOYER \vill pay a sum not to exceed $25.00 per month. In the event the premiums exceed the maximum contribution pro\"ided by the EMPLOYER~ such increases shall be paid by the employee through payroll deductions. In the event a long term disability plan is not available or the parties cannot agree upon the benefits. employees are entitled to use up to $25.00 per month to offset the difference bet\\-een the 16 '-'~''''''~~'''-''~"_~'~''''"'~_''_''''_____-+''''''''''~'';_~~_'''_-'''''+-.L....,;,........<....,v..~.~~.~_~..~.,'~~_.............,...'"~..~__.,...._,....,.....ao.._~.........._..__..~___""."..,,_._.~."""'~,w,..~.....--...""~,.,"____~..__... employee and dependent health andlor dental insurance premium and the capped amounts. ARTICLE XXIII. FUNERAL LEAVE The EMPLOYER authorizes each employee funeral leave of three (3) days, should any member of his immediate family pass a\vay. Such funeral leave shall not be deducted fronl accunlulated sick leave. For the purpose of this Article imnlediate family shall mean the parents, children, brother, sister, brother-in-Ia\v, sister-in-Ia,"r~ grandparents, grandchildren of the employee and employee's spouse. The EMPLOYER may grant additional time off if the City Manager deems it necessary. :\RTICLE XXIV. STANDBY PAY If the EMPLOYER requires any enlployee to be on standby. the enlployee shall receive one (1) hour pay for each two (2) the employee is on standby. It shall be the responsibility of the EMPLOYER to notify the employee of the actual hours they are to be on standby. ARTICLE XXv". P.O.S.T. TRAINING The E:vlPLOYER agrees to pay for all training required by the City at straight time pay for the hours of class rinle. The Erv'1PLOYER also agrees to pay license fees. meals. It)dging. n1iI~age. all reasonable e:\pcnses incurred in nlaintaining the enlployee's P.O .S. T. license. .-\Jd itional schools. etc.. upon nlutual ilgreell1ent nlay be attended by the enlployee on his her \)\\,n tinlt:. the EMPLOY~R reinlbursing for other costs. .~RTICLE XXVI. v'.-\C.-\ TION COVERAGE The parties agree that \\'hen enlployees fill in for other enlployees on vacation. the EMPLOYER \vill take into consideration the shift that the employee is currently on.. the shift he/she is filling in for. and the effect on the employee's health and sleep schedule resulting from a shift change. For example, an employee \\"ould not be expected to change shifts in the middle of the \veek and back again to cover for an employee on \'3cation. This does not prevent the EMPLOYER from making shift changes in such cases due to an emergency. or an unscheduled absence. 17 RTTCLE XXVTT. LEGAL SERVICES 27.1 The EMPLOYER shall provide and pay for legal defense for any employee who is charged with any alleged wrongdoing within the scope of his/her employment. 27.1 Except in cases of malfeasance in office or \\'illful or \\'anton neglect of duty, EMPLOYER shall defend, save harmless and indemnify an employee and/or his/her estate against any claim or demand, \\'hether groundless or othenvise, arising out of an alleged act or omission occurring in the performance and scope of employee's duties to the fullest extent permitted by Minnesota Law. 27.3 For the provisions of this Article, the meaning of\\t'ords, ."malfeasance". ""villful"~ and "\\'anton" shall be described in the most recent Blacks Law Dictionary . .-\RTICLE XXVIII. JlTRY DUT'{ PROVISION \Vhen an enlployee has been absent fronl \\-ork because of jury seryice. he/she shall be paid the regular salary by the City. \\-ith the understanding that upon the (onlpl~tion of the jury sen'ice. he, she shall provide a copy of the jury check to the head of the departnlent and that the amount of such check. less the amount including for traveling ~'\.rcn5es. shall he deducted fronl the next regular pay check. A.RTICLE XXIX. EDUC:\ TION INCENTIVE PAY PLAN 29.1 The Employer agrees to pay each Employee an additional percentage of his 'her base pay rate for each year of college level education as part of the follo\\Oing schedule after starting \vith the department: Three percent (30A>) for one (1) year Six percent (60A>) for n\-"o (2) years Nine percent (9%) for three (3) years T\t\'elve percent (120/0) for four (4) years 18 "........'"~.__._~~~_._".-.-,..._.""--"'.......,~."...........""'''-'''-..--P._~..-.;~-~...._-_""~""__""_,_""--"",,,,,,,,,,,"-,,,,_",,"",.._~,,,,,,,~,,,_, . "-\n Employee shall receive fifty cents (50 cents) per quarter credit hour in blocks of nine (9) until such time as the employee achieves one of the above. 29.2 The Employer agrees for the purpose of definition of college level education in Article 29.1 above, to recognize a grade of C or Pass from any institution of higher learning approved by the North Central Bureau of Accreditation. In addition. the employee shall provide the employer a minimum of sixty (60) days written notice of the employee's intent to enroll in a course. 29.3 The Employer agrees to provide reimbursement for the cost of books and tuition for any successfully completed college level course provided that the course is associated with law enforcement (to include the sOl.:ial sciences and required electives). ARTICLE XXX. WORKING OUT OF CLASSIFICATION Enlployees assigned all of the responsihilities of a higher position shall receive the differential for each full shift assigned to that position by the E~lPLO'{ER. f~RTICLE XXXI. DlrRA TION 31.1 This Agreement shall be effective as of January 1. 1994. and shall remain in full force and etTect until Decenlber 31. 19q~ and tht?rcafter ~lS pro\'ided in the PEL R...:\. 3 I .2 This Agreement shall represent the complete agreement bet\\Oeen the eOlployer and the Union. 19 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of , 19_. FOR THE CITY OF PRIOR LAKE FOR MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCE:MENT El\1PLOYEES UNION, LOCAL NO. 320 Lydia .-\ndren. Mayor Rob Boe. Union Ste\vard Dated: , 1 996 Dated: , 1996 Frank F. Boyles. \-1anager Lo\vell Lynch. Local 320 Representative Dated: ~ 1 996 Dated: . 1 996 20 APPENDIX A EFFECTIVE DATE MONTHLY SALARY AT START MONTHL Y SALARY AFTER PROBA TION 1-1-93 (historical reference only) $3488.00 1-1-94 3592.00 7-1-94 3629.00 1-1-95 3701.00 7-1-95 3757.00 $3715.00 3826.00 3865.00 3<)42.00 4001.00 RRM: 13086 LABOR AGREEMENT BETWEEN THE CITY OF PRIOR LAKE -and- ivIINNESOT.;.\ TEA\tlSTERS PUBLIC AND LA. V-V. ENFORCE~'IE\;T E~tPLO'{EES l'NION LOCAL \10. 320 POLICE SERGEANTS UNIT J.~Nl.T..\RY L 1996 TO DECE:VIBER 3 L 1998 TABLE OF CONTENTS .~RTICLE PAGE ARTICLE I. PURPOSE OF AGREE:rvffiNT ........ ~ . . . . . . . . . . . . . . . . . . . . . . . . 1 A.RTICLE II. RECOGNITION............................................. 1 ARTICLE III. DEFINITIONS ............................................. 1 ~-\RTICLE IV. EMPLOYER SECURITY .................................... 3 ARTICLE v. EIvlPLOYER AUTHORITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 AR TI C LEVI. lJl'H ON S E C URlTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE VII. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE. . . . . . . . . . . . . 4 .~RTICLE \.1I1. SA. \.INGS CLA.USE ....................................... 7 .-\RTICLE IX. SE~IORlT'y' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 .-\RTICLE x. PROBATION ............................................... 8 .-\RTICLE Xl. DISCIPLI~E............................................... 9 .-\RTICLE XII. 'vVORK SCHEDLTLE A.ND HOl)RS OF \VORK ................. 10 ..\RTICLE XIII. ()\.ERTlivlE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE XIV. COURT TIME. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 .-\RTIClE XV. C.~LL B.~CK TIME ....................................... 11 ~A.RTICLE X\ll. CLOTHING f\.LLO\VANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 .A.RTICLE Xv'll. HOLID..\ 'YS ........................................."... 12 .-\RTICLE X\lIIl. Sf~L"-\RIES ............................................ 13 .-\RTICLE XIX. L()~GE\.ITY P.~ Y PLA.N ................................. 13 ARTICLE XX. VACATION LEAVE . 0 . . . 0 . . . . 0 0 . . 0 0 0 . . . . . . . . . . 0 0 . 0 . . . . . . . 13 ARTICLE XXI. SICK LEAVE AND SEVERANCE PAY. . 0 0 . 0 0 0 0 . . 0 . 0 00' 0 0000 15 ARTICLE XXII. HEALTH AND WELFARE 0 . . . . . 0 . 0 . . 0 . . 0 0 . . . . 0 0 . . . . . . 0 . . 0 16 ARTICLE XXIII. FUNERAL LEAVE .. 0 0 . 0 0 0 . . 0 0 . . . 0 0 . . . . 0 . . . . . . 0 0 . . . . 0 0 0 17 AR TI CLE XXIV. STANDBY PAY 0 0 0 . . . 0 . . 0 . . .'. . . . 0 . . 0 . . . 0 0 . . . . . . . 0 0 . 0 0 .. 1 7 ARTICLE XXV. P.O.S.T. TRAINING ..................................... 17 ARTICLE XXVI. VACATION COVERAGE . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . .. 17 ARTICLE XXVII. LEGAL SERVICES .. 0 . . . . . 0 . 0 0 . . 0 0 0 . . . . . . . . . . . . 0 0 . . . . 0 18 :\RTICLE XXVIII. JlJRY DUTY PROVISION. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18 :\RTICLE XXIX. EDUC.t\. TION INCENTIVE Pot\. Y PLA.N . . . . . . . . . . . . . . . . . . . . . 18 .~RTICLE XXX. \VORKING OlTT OF CL.t\SSIFICA. TION .................... 19 .~RTICLF XXXI. DL~RATION ...............................,.........,.19 L,;\BOR ,;\GREEMENT BETWEEN THE CITY OF PRIOR LAKE -and- MINNESOTA TE..A.MSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 ARTICLE I. PURPOSE OF AGREEMENT This Agreement is entered into as of June 17. 1996. benveen the City of Prior Lake. hereinafter called the EMPLOYER, and the Minnesota Teamsters Public and Law Enforcement Employees' Union. Local No. 320. 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 appl ication: and 1.2 Place in \\Titten fornl the parties' agreenlent upon terms and conditions of en1ploYlnent for the dur:1tion orthis Agreen1ent. ARTICLE II. RFCOG\;TTION 2.1 The E:\-lPLO'fER recognizes the Lnion as the exclusiye representative. under i\1innesota Statutes. Section 179A.03. Subdivision 1.... for all police personnel in the follo\\'ing job classitication: POLICE SERGEA:\T .., .., In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a ne\\" or modi tied job class. the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III. DEFINITIONS 3.1 lfN"lON: The Minnesota Teamsters Public and La\\' Enforcement Enlployees' Union. Local ~o. 320. ., .., "...;. 3.3 3.4 ., - -'.) 3.6 3.7 3.8 3.9 3.10 3. II 3.12 lTNION MEMBERS: .-\ member of the iv1innesota Teamsters Public and La\\' Enforcement Employees's Union, Local No. 320. EMPLOYEE: A member of the exclusivel): recognized bargaining unit. DEP ARTMENT: The Prior Lake Police Department. EMPLOYER: The City of Prior Lake. .. CHIEF: The Chief of the Prior Lake Police Department or designee. OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. SCHEDULED SHIFT: A consecutive \vork period including rest breaks and a lunch break. REST BREAK: Periods of time for rest purposes during the Scheduled Shi ft, The employee remains on continual duty and is responsible for all job duties. L Ll\JCH BREAK: A period of tin1e designated for the en1ployee to eat during the Scheduled Shift. The employee remains on continual duty and is r~sp('lnsible for all job duties. STRl KE: Failing to report tor duty. the \\'illful absence fronl one's position. the stoppage of \vork. slo\\"-do\vn or abstinence in \vhole or in part fronl the full. faithful and proper performance of the duties of the enlployee for the purposes of inducing. influencing or coercing a change in the conditions or cOll1pensation or the rights. privileges or obligations of employment. lTNION OFFICER: Officer elected or appointed by Minnesota Tean1sters Public and La\\" Enforcenlent Employees' Union. Local No. 320 to act as l:nion officer. '1 .A.RTICLE IV. E}v1PLOYER SECURITY The UNION agrees that \vhile this Agreen1ent is in effect, the lJNION \vill not cause, encourage, participate in or support any strike, slow down or other interruption of or interference \\'ith the normal functions of the EMPLOYER. ARTICLE V. EMPLOYER AlJTHORITY 5.1 The EMPLOYER retains the sole right to operate and manage all manpo\\'er, facilities and equipment in accordance with applicable laws and regulations of appropriate authorities. including. but not limited to. the foIlo\ving: establishing functions and programs: setting and amending budgets~ determining the utilization of technology: establishing and modifying the organizational structure: planning, directing, and controlling the operations and services of the department; selecting, directing, and determining the number of personnel; assigning and transferring employees; establishing work schedules and assigning overtime: hiring. promoting. or relieving employees: establishing and enforcing rules and regulations e:\cept as lin1ited by this Agreement. 5.2 ,-\ny ternl and condition of en1ployn1ent not specitically established or 1110dified by this Agreenlent shall ren1ain solely \\ ithin the discretion of the ETvlPLOYER to 111odify. establish or eliminate. :\RTICLE \11. t~~ION SECURITY 6.1 The EMPLOYER shall deduct from the \\'ages of employees \\'ho authorize such a deduction in \\Titing an amount necessary to cover monthly LfNION dues. Such monies shall be ren1itted as directed by the l'NION, 6.2 The LTNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims. suits. orders or judgments brought or issued aeainst the EMPLOYER as a result of an\' action taken or not taken bv the - . ~ EMPLOYER under the provisions of this Article. 6.3 The lJNION may designate an employee from the bargaining unit to ~ct as a ste\\'ard and an alternate and shall inform the EMPL 0 YER in \\'fiting of such choice and changes in the position of ste\:vard \\'ithin t\\'O \veeks of signing the contract. or any change in designated personnel. ~ -' 6.4 The ErvlPLOYER shallluake space available on the en1ployee bulletin board for posting UNION notice(s) and announcement(s). 6.5 The ErvtPLOYER agrees to allow the officers and representatives of the bargaining unit reasonable time off and leaves of absence, \vithout pay and \vith prior approval for the purpose of conducting UNION business when such time \vill not interfere \vith the operations of the department. 6.6 The EMPLOYER agrees to post all promotional opportunities \\rithin the department: to publish the method by which promotions shall be made \\'ithin the department and to make copies of all \vork rules and regulations available to employees. 6.7 The Business Agent of the UNION, previously accredited to the City in \\Titing by the UNION. shall be permitted to come on the premises of the City for the purpose of investigating and discussing grievances in a responsible and reasonable manner. ARTICLE \'II. r\IPIO'r'FE RIGHTS - GRIEVANCE PROCEDl~RE 7.1 Definition of a Grievance: .;\ grievance is defined as a dispute or di:-iagret:n1~nt as to the application or interpretation of the specific terms and conditions of this .-\greement. 7.2 I '\:ICf' REPRESENTA TI\'ES: The EMPLOYER shall recognize r~rn.:sentati\'es designated by the Union as the grievance representatives of the hargaining unit having the duties and responsibilities established by this .~rtic Ie. 7.3 The Lnion shall notify the En1ployer in \\lriting of the names of such Union Representatives and their successors \vhen so designated as provided by .~rticle 6.3 of this Agreement. 7.... Processing of a Grievance: It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is Ii 111 i ted by the job duties and responsibilities of the Employees and sh~ll therefore be accomplished during normal \\'orking hours only \\.hen consistent \\'ith such Employee duties and responsibilities. The aggrieved En1ployee and a lTnion representative shall be allo\\'ed a reasonable amount 4 of time \vithout loss in pay \\'h~n a grievance is investigated and presented to the Employer during normal \vorking 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 their work for the Employer. 7.5 Procedure: Grievances~ as defined in Section 7.1, shall be resolved in conformance \vith the following procedure: Step 1: Step :2: Step 3: An Employee claiming a violation concerning the interpretation or application of this Agreement shall. \vithin t\\'enty-one (21) calendar days after such alleged violation has occurred. present such grievance to the Emplovee~s supervisor as designated by the Employer. The Employer designated representative \viII discuss and give an ans\ver to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to in Step 2 shall be placed in \\Titing setting forth the nature of the grievance. the facts on \\'hich it is based. the provision or provisions or the Agreen1cnt allegedly \'iolated. the remedy requested and shall be appealed to Step 2 \\'ithin ten (10) calendar days after the En1ployer designated representatives tinal ans\\'er in Step I. Any grievance not appealed in \\Titing tn St~p :: b~ the l'ninn \\ ithin ten ( 1 (l) calenJar Jay:; shall be cl)nsidered \\"Jived. I f appealed. the \\Titten grievance shall be presented by the Union and discussed \\'ith the Employer designated Step 2 representative. The En1ployer designated representative shall give the Union the Employer's Step :2 ans\ver in \\Titing \vithin ten (10) calendar days after receipt of such grievance. A. grievance not resolved in Step :2 may be appealed to Step 3 \vithin ten ( 10) calendar days follo\ving the Employer designated final Step 2 ans\ver. Any grievance not appealed in \\Titing to Step 3 by the Union \vithin ten (10) calendar days shall be considered \vaived. I f appealed. the \\'rinen grievance shall be presented by the Union and discussed \\'ith the En1ployer designated Step 3 5 representati\"e. The Employer designated representative shall give the Union the En1ployer's ans\ver in \vriting \vithin 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 Employer designated representatives final answer. If Step 4 is not appealed by the Union \vithin ten (10) calendar days it shall be considered \vaived. 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 Employn1ent Labor Relations Act of 1971 as amended. The selection of an Arbitrator shall be made from a list of five (5) arbitrators provided by the Director of the Bureau of Mediation Services, tossing a coin to decide \\Tho strikes first, and alternately striking names off of the list. ~.6 Arbitrator's Authority: .~. The arbitrator shall ha\"e no right to amend. n10di fy. nullify. ignore. add to. or subtract fron1 th~ ten11S and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) ,ubn1ittcd in writing D: the: En1ployer and the l"nion. and shall have no authority to n1akc a decision on any other issue not so submitted. B. The arbitrator shall be \\"ithout po\\'er to make decisions contrary to. or inconsistent \vith. or modifying or \"arying in any \vay the application of la\\s. rules. or regulations having the force and effect of la\\". The arbitrator.s decision shall be subn1ined in \\Titing \vithin thirty (30) days follov;ing the close of the hearing or the submission of briefs. by the parties whichever is later. unless the parties agree to an extension. The decision shall be binding on both the Employer and the lTnion and shall be based solely on the arbitrator.s interpretation of application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrators services and proceedings shall be borne equally by the Employer and the Union provided that 6 each party shall be responsible for compensating its o\vn representatives and \vitnesses. If either party desires a verbatim record of the proceedings~ it may cause such a record to be made, provided it pays for the record. Ifbo~h parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.7 \\T aiver: If a grievance is not presented \vithin the time limits set forth above it shall be considered waived. If a grievance is not appealed to the next step \vithin 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 \vithin 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 wTitten agreenlent of the Employer and the Union in each Step. 7.8 Choice of Remedy: If. as a result of the \vritten Employer~s response in Step 3. the grievance ren1ains unresolved. and the grievance involves the :-;uspension. demotion. or discharge of an Employee \\'ho has completed the required probationary period. the grie\'ance nlay be appealed either to Step ~ of Article 7 or a procedure such as Civil Service. Veteran.s Preference. or the Fair Employn1ent ..-\ct. I f appealed to any procedure other than Step -+ of ,.:.\rticle 7 the grievance is not subject to the arbitration procedure as rrc'\\ idcd in Step -+ or A,rtide!, The aggric\cd enlplo) ce shall indicate in \\Titing \\'hich procedure i~ to be utilized. Step 4 of i-\rticle 7 or another appeal procedure. and sign a statenlent to the effect that the choice of any other hearing precludes the aggrieved employee from n1aking a subsequent appeal through Step 4 of :\rticle 7. .-\RTICLE \'III. SA \'INGS CLAUSE This Agreement is subject to the la'-'is of the United States. of the State of ~1innesota and of the City of Prior Lake. In the event any provision of this l\greement shall be held to be contrary to la\\' by a court of competent jurisdiction from \vhose final judgment or decree no appeal has been taken \vithin the time provided. such provisions shall be \'oided. .A.ll other provisions of this Agreement shall continue in full force ~nd effect. The voided provision may be renegotiated at the \\Tinen request of either party. 7 .A.RTICLE IX. SENIORITY 9.1 City Seniority shall be determined by the employee's length of continuous employment with the City of Prior Lake. 9.2 Departmental Seniority shall be determined by the employee's length of continued employment \vith the Prior Lake Police Department as a licensed Police Officer. 9.3 Job Classification Seniority shall be determined by the employee's length of continuous employnlent \\'ithin the specific job classification. 9.4 .A. reduction in the work force in a specific classification shaH be accomplished on the basis of seniority. \vith the least seniority employee in the classification being laid off first, second senior employee being laid off next. etc. 9.5 En1ployees being laid off from a specific job classitication shall retain the right. if any. to bUI11p back into any pre\'illusl~ hdJ ll)\\'er Pl)sition in the Prior L3k~ Pol ice Department. 9.6 Enlployees shall be recalled fron1 layoff on th~ basis of s~niority, A,n employee on layoff shall have the right to return to \\'ork \\'ithin t""O years of the tinle his her layotl pro\'ided th~ ~n1ploye~ has 111aintained all license r~quirements as established by the P.O,S.T. Board or is eligible for license. Notitication shall be by certified letter. and upon receipt oC employee shall have t\ve I'Ve ( 12) days to return to \york. A.RTIClE X. PR(jB.A TI()~ 10.1 A promoted or ne\\' employee shall be granted a one (I) year probation period to determine: A. The employee's ability to perform the job: B. The employee's desire to remain on the job: and C. During the probationary period. a ne\\'ly hired or rehired employee n1av be dischan!ed at the sole discretion of the EMPLOYER. Durin2 ~ - ~ the probationary period. a promoted or reassigned en1ployee may be returned to the previous position at the sole discretion of the 8 EivlPLOYER. The employee may elect to return to the previous position during the probationary period. ARTICLE XI. DISCIPLINE ll.1 The EMPLOYER will discipline employees for just cause only in a form including but not limited to the following: A. Oral reprimand: B. Wrinen reprimand: C. Suspension: D. Demotions; E. Discharge. 11.2 Suspension~ demotions or discharges \vill be in \\Tinen form. 11.3 Discipline shall become part of the Employee's personnel file and shall be ackno\\"ledged by signature of the enlployee. En1ployee and the ll'JION \\ili re(~i\'e a copy of such docunlents. 11 A Employees nlay examine their o\\'n individual personnel files at reasonable tinles under the direct superyision of the EMPLOYER. I 1.-:- En1plo:~es shall not be questioned concerning an in\'estigation of Jisciplin3ry action unkss the enlployee has been gi\"en an opportunity to ha\"e a L7NION represel1tati\'e present at such questioning. 11.6 The E~IPLO'{ER \vill not discipline an employee in the presence of citizens or other en1ployees. other than the UNION ste\\'ard. the employee's designated LT"NION representative, or supervisory personnel. or a designee. This shall not be deemed to apply to the issuance of \\'ork instructions or discussions held during departmental meetings. 11.7 Grie\"ances relating to this Article may be initiated by the UNION in Step 3 of the grievance procedure under Article \tI1. 9 ARTICLE XII. \\lORK SCHEDULE AND HOURS OF \\iORK 12.1 The normal work year is two thousand and eighty hours (2,080) to be accounted for by each employee through: . A. Hours worked of assigned shifts; B. Holidays; C. Assigned Training; D. Authorized Leave Time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee ofa minimum or maximum number of hours the EMPLOYER may assign employees. ARTICLE XIII, O\!ERTI!vfE 13.1 Enlployees shall be conlpensated at one and one-hal f ( 1-1 2) tinles the employee's regular base pay rate for all hours \\'orked in excess of the cl1lployee's regularly scheduled shift. Changes of shift do n\.)t 4ualify an enlployee for overtinle under this :\,rtick. 13.2 Chcrtinle \\'ill be distributed on a \'olunteer basis to the nlost senior officer Jyuilable. If no one \\'ants to \vork it. the overtime shall be assigned to the junior employee. This provision shall not apply if the employee has not had at least t\\'elve (12) hours off duty. 13.3 Overtime refused by employees~ shall be considered as unpaid overtime \vorked. 13.4 Overtime \vill be calculated to the nearest tifteen ( 15) minutes. 13.5 For the purpose of computing overtime compensation. overtime hours \vorked shall not be pyramided. compounded or paid t\vice for the sarpe hours \,.orked. 10 13.6 The EMPLO YER shall provide a minimum of t\velve t 12) hours off benveen scheduled shrfts. If an employee is required to \vork \\-ith less than twelve (12) hours offbetween shifts, then he/she shall be paid at the time of one and one-half (1-112) rate for all hours that are worked within the twelve (12) hour period, except when it is mutually agreed by the EMPLOYER and the employee to \vaive this requirement. 13.7 When prior approval has been obtained from the Employer. an employee may elect to receive overtime as compensatory time off to be utilized within the same calendar year during \\'hich overtime has accrued. Maximum conlpensatory tinle accunlulated shall not exceed thirty (30) hours. ARTICLE XIV. COURT TIME 14.1 An employee \vho 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- hal f (1-1/2) tinles the enlployee's base pay rate. .-\n extension or early rt:port to a regularly sch~dulcd shi ft for C nurt appearance does not qualify the enlployee for the three (3) hour I11ininlUI11. Canl,;dlation \\ith less than t\\'cnty-four (24) hours notice ~hal1 re~ult in the nlininlUI1l heing paid. 14.2 In the e\'ent an enlployee is subpoenaed to testi tY in pri\'ate party litigation in a capacity other than that of an expert \\Oitness regarding an incident that has \.)ccurred \\ithin the scnpe of I.:Il1plo; n1~nt for tht: City of Prior Lake in\ nhing facts \\'hich the enlployt:e caIne tt) kno\\ \\hilt: on duty as a police otticer. then the enlployee shall court tinle pay in accordance \\'ith the requirenlents as set forth in 14.1. In addition. iftht: enlployee uses a personal \'ehicle. then the enlployee 111UY keep the nlileage fee served \vith the suhpoena. ARTICLE XV. CALL BACK TIME 15.1 An employee \vho is called back to duty during his scheduled off-duty time shall recei\'e a nlininlum of t\\'o (2) 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 dut) does not yualitY the enlployee for the two (2) hour minimum. 1 1 ARTICLE XVI. CLOTHING ALLOWANCE 16.1 Employees shall receive six hundred nine dollars ($609) per year for clothing and maintenance allowance. This amount shall be adjusted each year by the percentage increase in the January to January, Minneapolis-St. Paul Consumer Price Index as reported by the U.S. Department of Labor Bureau of Labor Statistics for the preceding year. 16.2 Fifty percent (50%) of the clothing allo\vance is to be paid in the first paycheck in June and the other fifty percent (500/0) shall be paid in the first paycheck in December. 16.3 Probationary employees in their first year of employment can dra\\-. up to six hundred fifty dollars ($650) from the EMPLOYER for uniforms~ leather and equipment. In addition, after they have passed their probationary period~ they may draw against their uniform allo\vance. 16.4 The E~lPLOYER shall pro\"ide a list of appro\"ed uniform items. :\ny it~nlS that are different. or are in addition to the list of items that are l.:urrently required for present and ne\v enlployees. shall be paid for by the E~1PLOYER. \\"ithout deduction from the unifornl alll)\\'ance. 16.5 The Erv1PLOYER shall provide each en1ployee \\'ith a Level 2 ballistic vest. L'ither side panel vest or their extended co\erage T-shirt style. and 1\\'0 l.:o\'c:rs every live years. .-\RTICLE XVII. HOLIDAYS 17.1 The E\IPLO\'"ER shall designate t\\"elve (12) paid holidays at a nlaximum of eight (8) hours per day or ninety-six (96) hours per year. 17.1 A.ny holidays not taken by the employee shall be resold to the EMPLOYER at the employee's base pay rate during the first payroll in December. 17.3 .A.ny employee required to \\iork on a holiday as designated in Article 17.1. shall be credited \vith an additional one-half (~ ) times hisiber regular base pay rate for all hours \\'orked except any hours \vhich \vould be regular overtime hours per Article XIII. overtime. \vhich shall be paid as per Article 12 XlII provides. Holiday premium pay shall be given for all hours of the shift. including ten (10) hour shifts. ARTICLE XVIII. SALARIES See Appendix A ARTICLE XIX. LONGEVITY PAY PLAN 19.1 Each employee shall receive longevity pay in addition to regular base salary as per the follo\\'ing schedule: Three percent (30/0) after four (4) years of service. Five percent (50/0) after eight (8) years of service. Seven percent (7%) after twelve (12) years of service. Nine percent (9%) after sixteen (16) years of service. ~OTE: E\rER\.ONE .-\GREES TH.-\ T THIS L.-\NGUAGE "IE.-\~S SER\TICE \\'ITH THE POLICE DEPARTylE~T. (This lal1guage \\-ill be deleted on tinal draft of document) A.RTICLE XX. \'ACATION LE,L\VE 20.1 Each enlployee shall accrue paid \ acation on a 111lHlthly basis as per the follo\\ing schedule: Start until three (3) full years of service - ten ( 10) eight hour days per year or eighty (80) hours. Start of the fourth (4th) through the ninth (9th) year - tifteen (15) eight hour days per year or one hundred t\venty (120) hours. Start of the tenth (10th) through the fourteenth (14th) year - !\.venty (20) eight hour days per year or one hundred sixty (160) hours. Start of the fifteenth (15th) year - l\\enty-one (21) eight hour days per-year or one hundred sixty-eight ( 168) hours. 13 Start of the sixteenth (16th) year - t\venty-t\vo (22) eight hour days per year or one hundred seventy-six (176) hours. Start of the seventeenth (17th) year - twenty-three (23) eight hour days per year or one hundred eighty-four (184) hours. Start of the eighteenth (18th) year - twenty-four (24) eight hour days per year or one hundred ninety-two (192) hours. Start of the nineteenth (19th) year and thereafter - l\\"enty- five (25) eight hour days per year or t\vo hundred (200) hours. 20.2 Ne\\'ly hired probationary employees shall earn but cannot use vacation until after t\velve (12) months of service. 20.3 The days that an employee has scheduled off prior to, during, and preceding the employee's vacation leave are included in the employee's vacation "\Vindo\vs". During this tin1e period. the EMPLOYER \\'ill not schedule the ~nlployee for \\'ork. This section does not prevent the ElvlPLOYER fr0l11 scheduling employees to \vork predetermined events in \vhich all cmployees in the depanment \vould be required to \vork. 2U.-+ :\ rcgular full time enlployee \\'ho has conlpleted a minin1um of three (3) :\ ...:~lrs ~)r continuous service shall be allc)\\'t::d to carry o\'~r 1'r0111 one calendar ~ ~ar to the next one and one-hal f (1 I: ) tinles their accrued \'acation at the r:.lte of accrual specified in 20.1. 20.5 .<\ regular full time employee \vho has completed less than three (3) years of ~l)ntinuous service shall be allo\ved to carryover from one calendar year to the next {\Vo (2) times their accrued vacation at the rate of accrual specified in 20.1. 20.6 Personal Lea\'e: Employees \vill be eligible for one (I) personal day per year. The employee n1ust provide t\\70 (2) days \\'rinen notice to E\,1PLOYER prior to taking the personal day. The personal day can be taken at the officer's discretion. ho\vever. no accumulation or carryover of days can occur. No more than one ( 1) employee can take personal leave during the \veek. 14 ARTICLE XXI. SICK LEAVE .'L\ND SEVEMNCE PA Y 21.1 Each full-time employee shall earn eight hours of paid sick leave for each month of service. 21.2 Each employee shall be allo\ved to accrue paid sick leave up to a maximum of nine hundred sixty (960) hours. At their option employees \vho have accumulated at least seven hundred twenty (720) hours of sick leave may buy back the sick leave days in excess of seven hundred t\venty (720) hours. at the current rate of pay. This option once exercised by an employee. shall continue until termination of employment. Such buy back of sick leave shall be subject to the follo\ving limitations: A. .A.ny sick leave earned and accrued shall be paid off at fifty percent (500/0). 21.3 If an employee uses more than t\vo (2) consecutive days of sick leave. the E\-'lPLOYER nlay require a doctor's slip as to the nature of the illness. 21.-+ The Eiv1PLOYER agrees to pay upon honorable termination of any ~nlployee after tive (5) years ofser\'ice tifty percent (5000) of the enlployee's accunlulated unused sick leave at the enlployee's current base pay rate. 21 .5 In addition to the monthly accunlulation of sick leave nlentioned above. each employee shall accumulate immediately upon employment. ninety (90) scheduled shifts (e.g.. up to 900 hours for a ten-hour shi ft or 720 hours for an eight-hour shift) of sick leave to be used only for injuries incurred during the perfornlance of assigned duties. Such lea\'e \\'ith pay shall be granted for any period of disability. provided that a doctor's certiticate is filed \\iith the City Manager stating that the employee is not able to return to \vork. Such leave \\'ith pay shall not exceed ninety (90) \vorking days per injury. If the employee is receiving Worker's Compensation benefits for the disability. the City \vill pay the difference benveen the employee's Worker's Conlpensation benefits and the employee's full salary out of any accumulated and unused ninety (90) scheduled shifts of injury on-duty sick leaye. Such sick leave shall not be used in computing severance benefits. 15 21.6 .A.t the employee's request the EMPLOYER shall grant to the employee up to ninety (90) scheduled shifts (e.g. 900 hours for ten-hour shifts or 720 hours for eight-hour shifts) of unpaid medical leave after sick leave and vacation have been exhausted. 21.7 Any employee that claims an absence from \vork due to an injury sustained on the job is subject to an examination to be made in behalf of and paid for by the Employer by a person competent to perform the same and is designated by the EMPLOYER. .t\RTICLE XXII. HE:\L TH AND \VELFARE 11.1 .,.., .., ..,.., ~ -_." 12.-+ The EMPLOYER \"ill select and provide group health insurJnce \vith benefits at the same level as presently exists. The Employer \vill pay a sum not to exceed the monthly premium of three hundred ninety-five dollars ($395) per month for individual and dependent coverage. In the event premiums are increased beyond the maximum contribution paid by the Enlploy~r. then such increases shall be paid by the enlployee through payroll d~duction. Th~ EMPLOYtR \\'ill select and provide group dental insurance \vith ben~fits substantially the sam~ as presently exist. The Employer \"ill pay a Sllnl not to exceed forty dollars (5-+0) per month for individual and J~p~nJ~nt eCl\ ~ragc, In the e\ent that pr~n1iul11S are increased beyond the Inaxinlunl contributions paid by th~ Enlployer. then sllch increases shall be paid by the ~nlployee through payroll deduction. The E~'IPLOYER \\'ill select and provide term life insurance in the total fal.:~ anlount of 5-+0.000. The E~'1PLO'{ER \"ill pay a SUll1 not to exceed S9.90 per month for the foregoing coverage. In the event the premiums are increased beyond the maximum contribution provided by the EMPLOYER~ such increase shall be paid by the employee through payroll deduction. The EIvlPLO'{ER \\'ill select and provide long term disability insurance for employees. The EMPLOYER \\'ill pay a sum not to exceed $15.00 per month. In the event the premiums ~xceed the maximum contribution' provided by the EMPLOYER. such increases shall be paid by the employee through payroll deductions. In the event a long term disability plan is not available or the parties cannot agree upon the benefits. employees are 16 entitled to use up to $25.00 per nlonth to otfset the ditference benveen the employee and dependent health and/or dental insurance premium and the capped amounts. .-\RTICLE XXIII. FUNER..A.L LEAVE The EMPLOYER authorizes each employee funeral leave of three (3) days, should any member of his immediate family pass away. Such funeral leave shall not be deducted from accumulated sick leave. For the purpose of this Article immediate family shall nlean the parents~ children. brother. sister. brother-in-law. sister-in-law. grandparents~ grandchildren of the employee and employee's spouse. The EtvlPLOYER may grant additional time off if the City !\.1anager deems it necessary. :\RTICLE XXIV. STANDBY PAY If the EMPLOYER requires any employee to be on standby, the employee shall receiye one (1) hour pay for each nvo (2) the employee is on standby. It shall be the responsibility of the E\IlPLOYER to notify the employee of the actual hours they are to b~ iJI1 ~tJnJb: . ,-\RTICLE XXV, P.O.S.T, TRAINING fhe ElvlPLOYER agrees to pay for all training required by the City at straight time p~l~ (\.)f th~ hours of class time. The EivlPLOYER also agrees to pay license fees. meals. lodging. mi leage. all reasonable expenses incurred in maintaining the enlployee's r.O.S.T, license. l\dditional schools. etc.. upon mutual agreement may be attended by the enlployee on his 'her o\\'n time. the EMPLOYER reimbursing for other costs. .\RTICLF XX\/I. \'AC;\ TION COVER.~GE The parties agree that \"hen employees fill in for other employees on vacation, the ETvfPLOYER \\'ill take into consideration the shift that the enlployee is currently on. the shift he"she is filling in for~ and the effect on the employee's health and sleep schedule resulting from a shift change. For example. an employee \vould not be expected to change shifts in the middle of the week and back again to cover for an employee on \"acation. This does not prevent the EMPLOYER from making shift changes in such cases due to an emergency. or an unscheduled absence. 17 ARTICLE XXVII. LEGAL SERVICES 27.1 The EMPLOYER shall provide and pay for legal defense for any employee who is charged with any alleged wrongdoing within the scope of his/her employment. 27.2 Except in cases of malfeasance in office or \villful or \vanton neglect of duty, EMPLOYER shall defend, save harmless and indemnify an employee and/or his/her estate against any claim or demand, \vhether groundless or othenvise. arising out of an alleged act or omission occurring in the performance and scope of en1ployee's duties to the fullest extent permitted by Minnesota Law. 17.3 For the provisions of this Article, the meaning of\\'ords. .'malfeasance", "\villful". and "\\"anton" shall be described in the most recent Blacks Law Dictionary. .-\RTTCLE XX,/llI. Jl"RY DUTY PROVTSION \Vhen an enlployee has been absent from \\'ork hecause of jury sef\'ice. he,'she shall be paid the regular salary by the City. \\"ith the understanding that upon the con1pletion of the jury service. he/she shall exhibit the jury check to the head of the department and that the amount of such check. less the amount including for traveling expenses. shall he deducted from the next regular pay check. A.RTICLE XXIX. EDLTCA TION INCENTI\'E PA Y PLA.N 29.1 The Enlployer agrees to pay each En1ployee an additional percentage of his her base pay rate for each year of college level education as part of the follov~'ing schedule after starting \\"ith the departn1ent: Three percent (3010) for one (1 ) year Six percent (60/0) for t\VO (2) years Nine percent (90/0) for three (3) years T,velve percent (120/0) for four (4) years 18 An Employee shall receive fifty cents (50 cents) per quarter credit hour in blocks of nine (9) until such time as the employee achieves one of the above. 29.2 The Employer agrees for the purpose of definition of college level education in Article 29.1 above, to recognize a grade of C or Pass from any institution of higher learning approved.by the North Central Bureau of Accreditation. In addition, the employee shall provide the employer a minimum of sixty (60) days 'W'ritten notice of the employee's intent to enroll in a course. 29.3 The Enlployer agrees to provide reimbursement for the cost of books and tuition for any successfully completed college level course provided that the course is associated with law enforcement (to include the social sciences and required electives). ARTICLE xxx. WORKING OUT OF CLASSIFICATION Employees assigned all of the responsibilities of a higher position shall receive the differential for each full shift assigned to that position by the EMPLOYER. .:\RTIClE XXXI. DlJR..<\ TION 31. I This ...\.greenlent shall be effective as of January 1. 1996. and shall remain in full i~)rCe and effect until Decenlber 31. 1998 and thereafter as pro\'ided in the PEL~-\. 3 1.2 This .~greenlent shall represent the complete agreement benveen the enlployer and the Union. 19 , .. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 17th day of June, 1996. FOR THE CITY OF PRIOR LAKE FOR MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 L vdia Andren. Mavor ~ ,~ Rob Boe, Union Ste\vard Dated: , 1996 Dated: , 1 996 frank F. Boyles. \tlanager Lo\vell Lynch. Local 320 Representative Dated: , 1 996 Dated: , 1 996 10 APPENDIX A EFFECTIVE DATE MONTHLY SALARY AT START MONTHL Y SALARY AFTER PROBATION 1-1-96 3866.00 per month 4117.00 per month Notwithstanding any othe~ provisions to the contrary, the exclusive representative may provide the City \vith a notice of its desire to reopen negotiations only on the subjects of Appendix A: Salaries and Section 22.1: Employer Contribution to the Premium for Health and Hospitalization Insurance~ all for the periods of January 1, 1997 to December 31, 1997 and January 1, 1998 to December 31, 1998. All other provisions of this, Labor Agreement will remain in full force and effect as provided in the PELRA for the period from January 1, 1996 through December 31, 1998. The notice of the exclusive representative ~ s desire to reopen negotiations as provided herein shall be within the \vindows of time as provided in the PELRA for notices of intent to reopen negotiations. :: I 5 ~:6/dlr