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Home My WebLink About8A - PD Labor Agreement STAFF AGENDA REPORT AGENDA ITEM: PREPARED BY: SUBJECT: 8A FRANK BOYLES, CITY MANAGER CONSIDER APPROVAL OF SOL TION 96-86 RATIFYING 1996-1998 LABOR A REE NT BETWEEN THE CITY OF PRIOR LAKE AND ENFORCEMENT LABOR SERVICES, INC. LOCAL 100 REPRESENTING POLICE OFFICERS. AUGUST 19, 1996 DATE: INTRODUCTION: The city's negotiating team consisting of Labor Attorney John Roszak, Assistant City Manager Blair Tremere, Finance Director Ralph Teschner, and Lieutenant Steve Schmidt has been meeting with this bargaining unit representing City Police Officers many times in recent months to negotiate a Labor Agreement to address wages and conditions of employment in accordance with the Public Employee Labor Relations Act (PELRA).The purpose of this agenda item is to receive City Council ratification of a three year agreement with the Police Officers. DISCUSSION: 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 agreement for the Law Enforcement Labor Services, Inc. , the bargaining unit representing Prior Lake Police Officers: 1. Duration Q/ contract: January 1, 1996 - December 31, 1998 2. Economic Terms: ITEM 1995 1996 1997 1998 Wages (top pay w/o $3,501.00 $3,603.00 REOPEN REOPEN long.) Health Insurance/mo. $380.00 $395.00 REOPEN REOPEN Dental Insurance/ mo. $ 40.00 $ 40.00 $ 40.00 $ 40.00 Life Insurance/mo. $ 9.80 $ 9.90 $ 9.90 $ 9.90 Disability Insurance/mo. $ 25.00 $ 25.00 $ 25.00 $ 25.00 819~EDOC 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Clothing Allowance $575.42 $609.00 Adj. in Adj. in accordance accordance with CPI with CPI % % increase Increase each year. each year. Probationary Uniform $650.00 $1,000 $1,000 $1,000 Allowance Holiday and Vacation 8 hour 8 hour 8 hour 8 hour Accrual basis basis basis basis Longevity Eligibility Eligibility Eligibility Eligibility Educational Incentive Eligibility Eligibility Eligibility Eligibility 3) Contract Languqge: Page Article Subject 1 2 Correct Citation 6 9.1 Probation period defined, discipline and performance. 8 12.2 Determination and assignment of overtime. 10 13.2 Compensation for certain court time. 17 31 Basis for and conditions of Jury Duty leave. 18 32 Duration of Agreement 19 Appendix A 1996 Step Pay Scale and reopener provision. 20 Appendix B Limited reimbursement for Bargaining Unit Negotiations. 21 Appendix C Labor-Management Committee to consider issues such as insurance committee, grievance procedure 819968E.DOC alternative, and minimum staffing. 4) Grievance Settlement · Four grievances pending with this bargaining unit have been resolved as part of these negotiations. In addition, language has been incorporated into the contract, which will clarify the assignment of overtime, which has been a controversial issue, particularly during the life of the most recent contract. Attached for Council information is a Bureau of Mediation Services Uniform Settlement Form which portrays the actual cost increase associated with the agreement for the year 1996. The actual cost for 1997 and 1998 cannot be calculated until reopened negotiations are concluded for wages and health insurance contributions for subsequent year. The ro.ta1 packaie price of the new LELS labor agreement when compared to the baseline for the previous year of 1995 is 4.14% in 1996. ISSUES: Labor Agreements typically do not provide complete satisfaction to either party. Such is the case with the Labor Agreement recommended to the Council for action this evening. Agreements do, however, represent an equitable conclusion of bargaining between two groups. This Labor Agreement resolves long-standing negotiations and provides the opportunity for the City and bargaining unit to focus on services to the public. If the Council ratifies this agreement, only one bargaining unit, the Teamsters' Management Group, remains without an agreement. ALTERNATIVES: 1. Approve Resolution 96-86 Ratifying the attached Labor Agreement and the Grievance Resolution identified in the staff report. 2. Defer action on the Labor Agreement subject to receipt of additional information. RECOMMENDATION: Alternative # 1. ACTION REQUIRED: Motion and second to approve Resolution 96-86 Ratifying a three year Labor Agreement. Motion and second to approve the proposed Grievance Settlement Agreement attached hereto. 819968E.DOC RESOLUTION 96-86 "" ~~ INNESO SOLUTION RATIFYING 1996-1998 LABOR AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL 100 REPRESENTING POLICE OFFICERS. MOTION BY: WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, SECOND BY: 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 The Law Enforcement Labor Services, Inc. Local 100 represents Prior Lake Police Officers; and Negotiations have taken place which have resulted in a Labor Agreement for 1996-1998; and, The employees who make up the Police Officers bargaining unit have ratified said bargaining agreement; and The agreement becomes effective when the 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 Law Enforcement Labor Services, Inc. Local 100 for January 1, 1996 through December 3, 1998 and; BE IT FURTHER RESOLVED, the Mayor and City Manager are hereby authorized to execute the above referenced labor agreement. Passed and adopted this 19th day of August, 1996. Andren Greenfield Kedrowski Mader Schenck seal YES NO Andren Greenfield Kedrowski Mader Schenck City Manager City of Prior Lake 16200 ~~~~M~Q~.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ~"l 5 l!.; q;a'~! : i~~. -:ego r- C 3 ~ ~ 'at :r lll:r 3 s: ~ ~ tt; 1 ~ N N 0" ~ '# I r- c 3 ~ ~.,. :r lll:r 3 =0 ~ ii i! AI ~ I i ... V'I '" sa .,. r- C 3 ~ ~ ~ :r ~~ 3 ii i! -: III "3 o ~ ~ ..... ..... N ~ '# 9!~ ~lll ~l ~ l'" i. ~: !!.lll ~~ ~... j. ~ a-. .r:- a-. \..oJ ....... 00 ~Qi i('e. r~ i;: !!l N ~ a-. ....... w .. ..... ..... .r:- ~ ~ a-. ....... \..oJ ..... ..... .r:- ~9! i('!!. -~ Il ;: AI ...... S! ~~ !!.lll ~l l'" i. 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S n i w ..... .- \0 \0 C\ o III Ii ~ o III if ~ ~ c: z - ." O. =-:I ~ 3 r- m ~ m Z -t ." o =-:I ~ N i. ~ II .. CD I ~ c = r- n ~ ~ r- o -< m ~ (') H ::! o ~ "tl ~ H o ~ t'" ~ t'1 ~ !II 2- n ~ II !l i w a. ~ II .. CD II :c ~ i .. 2- n o i it !l i t z ;::4 - . . LABOR AGREE11ENT BETWEEN THE CITY OF PRIOR LAKE AND LAW ENFORCE11ENT LABOR SERVICES, INC. LOCAL 100 r: .'1 Effective January 1, 1996 through December 31, 1998 TABLE OF CONTENTS ARTICLE 1: PURPOSE OF AGREEMENT .................................. 1 ARTICLE 2: RECOGNITION ............................................. I ARTICLE 3: DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 4: EMPLOYER SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 5: EMPLOYER AUTHORITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 6: UNION SECLWTY .....................................:.... 2 1 ARTICLE 7: EMPLOYEE RIGHTS - GRlEV ANCE PROCEDURE ............... 3 7.1 Detinition of a Grievance ................. :./ . . . . . . . . . . . . . . . . . . . . 3 7 ') U. R . ._ nlon epresentatlves......................................... 3 7.3 .............................................................. 3 7.4 Processing of a Grievance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7.5 Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7.6 Arbitrator's A.uthority .................:....................... 5 7.7 W'aiv.er. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7.8 Choice 0 f Remedy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 8: SAVINGS CLAUSE .......................................... 6 ARTICLE 9: SENIORITY ................................................ 6 ARTICLE 10: DISCIPLINE ............................................... 7 ARTICLE 11: CONSTITUTIONAL PROTECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 12: OVERTlivlE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 13: CO UR T TIl\1E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 AR TI C L E 14: C AL L B A C K TIME .................................... . .'. . . 1 0 ARTICLE 15: \VORKING OUT OF CLASSIFICATION. . . . . . . . . . . . . . . . . . . . .. . 10 11 AR TI C L E 16: C L OTHIN GALL 0 W AN CE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10 ARTICLE 17: HOLIDAYS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE 18: SALARIES ............................................... 11 ARTICLE 19: LONGEVITY PAY PLAN ................................... 12 ARTICLE 20: VACATION LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE 21: SICK LEAVE AND SEVERANCE PAY. . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE 22: HEALTH AND WELFARE .................................. 15 ARTICLE 23: EDUCA IION INCENTIVE PAY PLAN . . . . ./ . . . . . . . . . . . . . . . . . . . 15 ARTICLE 14: FUNERi\l. LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 AR II CLE 25: S I AND B Y PAY ........................................... 16 ARTICLE 26: LEGAL PROTECTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 AR TI C LE 17: P.O. S. T. TRA.ININ G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 7 ARTICLE 18: MAINTENANCE OF BENEFITS ............................. 17 ARTICLE 19: ACCUMULATED SICK LEAVE AND CASH................... 17 ARTICLE 30: VACATION COVERAGE ................................... 17 AR TI C L E 3 1 : JURY DUTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 7 ARTICLE 32: DURA TI ON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18 APPENDIX A: SALARIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 APPENDIX B: REIMBURSEMENT FOR BARGAINING UNIT NEGOTIATING TIME ............................................... 20 111 APPENDIX C: LABOR MANAGENlENT CONll\tlITTEE . . . . . . . . . . . . . . . . . . . . . . 21 : I IV ARTICLE 1: PURPOSE OF AGREEMENT This AGREErvIENT is entered into as of January 1, 1996, benveen the City of Prior Lake, hereinafter called the Employer. and Law Enforcement Labor Services. Inc., hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning the interpretation of this Agreement and/or its application; and 1.2 Place in \vritten form the parties agreement upon terms and conditions of employment for the duration of this Agreement; and 1.3 The Employer and the Union through this Agreement shall continu~ their dedication to the highest quality police service and protection to the residents of the City of Prior Lake. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE 2: RECOGNITION The Employer recognizes the Union as the exclusive representative. under Minnesota Statues. Section 179A.03. for all Employees of the Prior Lake Police Department \vho are employed more than fourteen (14) hours per \veek. and more than one hundred (100) \vork days per year. excluding the Chief. supervisory. and confidential employees. 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 3: DEFINITIONS 3.1 Union: La\v Enforcement Labor Services. Inc. Local No. 100. 3.2 Union Member: A member of Law Enforcement Labor Services. Inc. Local 100. 3.3 Employee: A member of the exclusively recognized bargaining unit. 3.4 Department: The Prior Lake Police Department. 3.5 Employer: The City of Prior Lake. 3.6 Union Officer: Officer elected or appointed by Law Enforcement Labor Services, Inc., Local No. 100. 3.7 Overtime: Work performed at the express authorization of the Employer in excess of the Employee's scheduled shift. 3.8 Scheduled Shift: A consecutive hour scheduled work period including t\vo rest breaks and a lunch break. 3.9 Probationary Employee: An employee with less than one year of continuous servIce. ARTICLE 4: EMPLOYER SECURITY The Union agrees that during the life of this Agreement it ~vill not cause. encourage. participate in or support any strike. slo\v-do\vn or other interruption of or interference I with the normal functions of the Employer. . ARTICLE 5: 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. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely \vithin the discretion of the Employer to modify. establish or eliminate. ARTICLE 6: UNION SECURITY 6.1 The Employer shall deduct from the wages of employees who auth'Jrize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. 2 6.3 The Employer shall make space available on the employee bulletin board for the posting of Union notice(s) and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits~ orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 7: EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Detinition of a Grievance: A grievance is defined as a dispute or disagreement as to the application or interpretation of the specific terms and conditions of this Agreement. 7.2 Union Representatives: The Employer shall recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this A.rticle. 7.3 The Union shall notify the Employer in \\Titing of the names of such Union Representatives and their successors \vhen so designated as provided by Article 6.2 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 shall therefore be accomplished during normal \vorking hours only \vhen consistent \vith such Employee duties and responsibilities. The aggrieved Employee and a Union representative shall be allo\ved a reasonable amount of time \vithout loss in pay w.hen a grievance is investigated and presented to the Employer during normal \\iorking hours provided that the Employee and the Union Representative have notified and received the approval of the designated supervisor '\vho has determined that such absence is reasonable and would not be detrimental to their '\vork for the Employer. 7.5 Procedure: Grievances~ as defined in Section 7. 1 ~ shall be resolved in conformance '\vith the follo\ving procedure: Step 1: An Employee claiming a violation concerning the interpretation or application of this Agreen1ent shall. \,"ithin t\venty-one (21) calendar .., .J Step 2: Step 3: Step 4: days after such alleged violation has occurred.. present such grievance to the Employee's supervisor as designated by the Employer. The Employer designated representative will discuss and give an answer to such Step I grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step :2 shall be placed in \\i.riting setting forth the nature of the grievance~ the facts on \vhich it is based.. the provision or provisions or the Agreement allegedly violated~ the remedy requested and shall be appealed to Step 2 \vithin ten ( 10) calendar days after the Employer designated representatives final answer in Step 1. Any grievance not appealed in writing to Step 2 by the linion \vithin ten (10) calendar days shall be considered \vaived. I f appealed~ the \vritten grievance shall be presented by the Union and discussed with the Employer designated Step :2 representative. The Employer designated representative s~all 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 tinal Step :2 ans\ver. Any grievance not appealed in \\;riting to Step 3 by the Union \\:.ithin ten ( 10) calendar days shall be considered \vaived. I f appealed~ the \vritten grievance shall be presented by the Union and discussed \vith the Employer designated Step 3 representative. The En1ployer designated representati\"e shall give the Union the Employer's ans\ver in ",,-riting \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 follo\ving 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 \vaived. A grievance unresolved in Step 3 and appealed to Step -+ 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 4- Services, tossing a coin to decide who strikes tlrst. and alternately striking names otT of the list. 7.6 Arbitrator's Authority: A. The Arbitrator shall have no right to amend. modify, nullify. ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in \\i"riting by the Employer and the Union. and shall have no authority to make a decision on any other issue not so submitted. B: The arbitrator shall be \vithout po\ver to make decisions contrary to. or inconsistent \'lith. or modifying or varying in any \vay the application of la\vs. rules. or regulations having the force and effect of la\v. The arbitrator's decision shall be submitted in \vriting \vithin thirty (30) days following the close of the hearing or the submiss\on 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 l)f the: e:xpress 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 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. If both parties desire a verbatim record of the proceedings the cost shall be shared equally" 7.7 Waiver: If a grievance is not presented woithin the time limits set forth above it shall be considered \vaived. If a grievance is not appealed to the next step \vithin the specitled time limit or any agreed extension thereof. it shall be l.:onsidered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof \vithin the specitied time limits. the Union may elect to treat the grievance as denied at that Step and immediately appeal the grievance to the next Step. The time limit in each Step may be extended by mutual written agreement of the Employer and the Union in each Step. 7.8 Choice of Remedy: If, as a result of the \vritten Employer's response in Step 3, the grievance remains unresolved. and the grievance involves the suspension. 5 demotion. or discharge of an Employee who has completed the required probationary period. the grievance may be appealed either to Step 4 of Article 7 or a procedure such as Civil Service, Veteran's Preference. or the Fair Employment Act. If appealed to any procedure other than Step 4 of Article 7 the grievance is not subject to the arbitration procedure as provided in Step 4 of Article 7. The aggrieved employee shall indicate in \\Titing \vhich procedure is to be utilized, Step 4 of Article 7 or another appeal procedure. and sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article 7, ARTICLE 8: SAVINGS CLAUSE This Agreement is subject to the la\'is of the United States. the State of Nlinnesota and the City of Prior Lake. In the event any provision of this i\greement shall be held to be contrary to la\v by a court of competent jurisdiction from w.hose tinal judgment or decree no appeal has been taken \vithin the time provided. such provisjons 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 \vritten request of either party. ARTICLE 9: SENIORITY 9.1 An employee under the provisions 0 f this Agreement shall serv'e a probationary period oft\velve (12) n10nths of continuous service in the police department during \vhich time the ErvlPLOYER shall have the unqualitied right to discharge such elnployee \-vho shall have no recourse to the grievance procedure. The probationary employee. ho\vever. shall have the right to bring a grievance on any other provision of the contract alleged to have been violated. In addition to the initial probationary period. any employee transferred or promoted to a different classification shall serve a ne\-v probationary period of t\velve (12) calendar months in any such ne\-v classitication. During this probationary period. if the EMPLOYER determines that the employee's performance in the ne"v classification is unsatisfactory. then the EMPLOYER shall have the unqualified right to reassign the employee to the former classification. 9.2 Seniority shall be determined by the Employee's length of continuous employment \vith the Police Department and posted in an appropriate location. SenioritY. roster may be maintained by the Chief on the basis of time in grade and time within specific classitications. 6 9.3 A reduction of the \vork force shall be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An Employee on layoff shall have an opportunity to return to work within two (2) years of the time of his layoff before any new employee is hired. Any Employee on layoff who is notffied by registered mail to return to work and fails to do so within twelve (12) \vorking days shall be considered to have voluntarily terminated employment \vith the Employer. 9.4 One continuous vacation period shall be selected on the basis of seniority until March 15 of each calendar year. 9.5 Seniority shall prevail. Senior qualified Employees shall have the first pref~rence on the job. Senior Employees will be given preference in regards to transfer. job classification assignments and promotions \vhen job relevant qualitications of Employees are equal. ARTICLE 10: DISCIPLINE 10.1 The Employer \vill discipline employees tor just cause only. Discipline \vill be in one of the follo\ving forms: a) oral reprimand b) \\Titten reprimand c) suspenSIon d) demotion e) discharge 10.2 Suspensions. demotions. and discharges will be in \vritten form. 10.3 Written reprimands, notices of suspension. and notices of discharge which are to become part of an Employee's personnel file shall be read and ackno\vledged by signature of the Employee. Employees and the Union shall receive a copy of such reprimands and! or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Discharges shall be preceded by a five (5) day suspension without pay. 7 10.6 Employees shall not be questioned concerning an investigation of disciplinary action unless the Employee has been given an opportunity to have a Union representative present at such questioning. 10.7 The Employer \vill not discipline an Employee if civilians or other Employees are present~ other than the Union ste\vard~ the Employee's designated Union representative or supervisory personnel. This shall not be deemed to apply to the issuance of \vork instructions or discussions held during departmental meetings. 10.8 Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance procedure under Article 7. ARTICLE 11: CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and the Minnesota State Constitutions. .. I ARTICLE 12: OV.ERTIlVIE 12.1 Employees shall be compensated at one and one-half (1 1/2) times the Employee's regular base pay rate for all hours worked in excess of the En1ployee's regularly scheduled shift. Changes of shift do not qualify an Employee for overtime under this Article. 12.2 Overtime assignments: 12.2.1 The EivlPLOYER retains its full authority to determine if duties will be completed by overtime assignment and the nature of such assignments. 12.2.2 Overtime \vill be distributed on a volunteer basis to the most senior officer available. If the EMPLOYER determines to fill the shift. then it shall be filled to determine the availability of the most senior officer according to the follo"ving procedure. An offer of an overtime assignment will be made in sequential order from the most senior to the least senior qualified individual. For purposes of this section. the word "qualified~~ means an employee \\"ho has successfully completed the Field Training Offie~ . program. If no one wants to \vork it, the overtime shall be assigned to the junior qualified employee. This provision shall not apply if the employee has not had at least twelve (12) hours otf duty. 8 12.2.3 Individuals contacted for overtime duties shall respond to the contact immediate Iy. and in no event later than ten ( 10) minutes after the contact is made. Failure to respond will be considered a rejection. In ~ unforeseeable circumstances or exigent circumstances \vhich ~able )- require an employee to immediately respond, then the EMPLOYER may assign duties to an employee without regard to section 12.2. 12.3 Overtime refused by Employees \vill for record purposes under Article 12.2, be considered as unpaid overtime \vorked. 12.4 Overtime \vill be calculated to the nearest tifteen ( 15) minutes. 12.5 For the purpose of computing overtime conlpensation, overtinle hours \vorked shall not be pyramided. compounded or paid t\vice for the same hours \vorked. 12.6 The Employer shall provide a minimum ofnvelve (12) hours offbenveen scheduled shifts. I f an Employee is required to \vork w'ith less than t\velve (12) hours off bet\veen shifts. then he/she shall be paid at the time of one and one-half (I 1/2) rate for all hours that are \vorked \vithin the t\velve ( 12) hour period. except \vhen it is mutually agreed by the Employer and the .Employee to w.aive the overtime. 12.7 When prior approval has been obtained fronl the Police Chief an Employee nlay elect to receive overtinle as compensatory time off to be utilized \vithin the same calendar year during \vhich overtime has accrued. Maximum compensatory time accumulated shall not exceed thirty (30) hours. ARTICLE 13: COURT TIME 13.1 An Employee \vho is required to appear in Court during scheduled off-duty time shall receive a minimunl of three (3) hours pay at one and one-half (1 1,.'2) times the Employee"s base pay rate. ...A..n extension or early report to a regularly scheduled shift for Court appearance does not qualify the Employee for the three (3) hour minimum. Cancellation \vith less than n-venty-four (24) hours notice shall result in the minimum being paid. 13.2 In the event an Employee is subpoenaed to testify in private party litigation in a capacity other than that of an expert \vitness regarding an incident that has occurred \vithin the scope of employment for the City of Prior Lake involving facts 9 \vhich the Elnployee came to kno\v while on duty as a police officer, then the Employee shall receive court time pay in accordance with the requirements as set forth in 13.1. In addition.. if the Employee uses a personal vehicle.. then the Employee may keep the mileage fee served \vith the subpoena. ARTICLE 14: CALL BACK TIME 14.1 An Employee \vho is called back to duty during his scheduled oft".-duty time shall receive a minimum of t\VO (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 duty does not qualify the Employee for the t\VO (2) hour minimum. ARTICLE 15: WORKING OUT OF CLASSIFICATION 15.1 Employees assigned the responsibilities of a higher position shall receive the differential for each full shift assigned to that position by the Employer. 15.1.1 A differential of tifty cents (50 cents) shall be paid to each senior Employee \\"hen at least one other police ofticer is \vorking on that shift or a portion of that shi ft. 15.1.2 Employees assigned to the duties of Investigator/Detective.. School Liaison Otlicer or K-9 Handler. shall receive an additional tive percent (5~/0) of their base pay rate. ARTICLE 16: CLOTHING ALLOWANCE 16.1 Employees shall receive Six Hundred Nine Dollars ($609.00) per year for clothing and maintenance allo\vance in 1996. This amount shall be adjusted each year by the percentage increase in the January to January. Minneapolis-St. Paul Consumer Price Index as reported by the US Department of Labor Bureau of Labor Statistics for the preceding year. 16.2 Fifty percent (500/0) of the clothing allo\\iance is to be paid in the first paycheck in June and the other fifty percent (500/0) shall be paid in the first paycheck in December. 16.3 Probationary Employees in their first year of employment can dra\v up to One Thousand Dollars ($ 1.000.00) from the Employer for uniforms, leather and 10 equipment. In addition~ after they have passed their probationary period~ they may draw against their uniform allo\vance. 16.4 The Employer shall provide a list of approved uniform items. Any items that are different_ or are in addition to the list of items that are currently required for present and ne,^," employees. shall be paid for by the Employer. without deduction from the uniform allo\vance. 16.5 The Employer shall provide each Employee currently" employed \vith a ballistic vest. side panel or an extended coverage T-shirt style. and t'\vo covers. The vest \vill be replaced by the employer every tive years. or \vhen recommended by the vest manufacturer. The vest \vill be a minimum protection level of dass II. . ARTICLE 17: HOLIDAYS 17.1 The employer shall designate t\velve ( 12) paid holidays ,at eight (8) hours per day or 96 hours per year. 17.2 Any holiday hours not taken by the Employe~ shall be resold to the Employ'er at the Employee's base pay rate during the tirst payroll. in Decenlber. 17.3 i\ny Employe~ required to \vork on an actual holiday as identitied in Article 17.1 shall be credited \vith an additional one-hal f ( 1/2) times his/her regular base pay rate for all hours \\iorked except any hours \vhich \vould be regular overtime hours per Article 12. overtime. w.hich shall be paid as per Article 12 provides. Holiday premium pay shall be given for all hours of th~ shift including ten ( 10) hour shifts. ARTICLE 18: SALARIES See Appendix A. ARTICLE 19: LONGEVITY P..\Y PLAN Each employee shall receive longevity pay in addition to regular base salary as per .the following schedule: Three percent (30/0) after four (4) years of service. 11 Five percent (50/0) after eight (8) years of service. Seven percent (70/0) after twelve (12) years of service. Nine percent (90/0) after sixteen ( 16) years of service. ARTICLE 20: VACATION LEAVE 20.1 Each Employee shall accrue paid vacation based upon the follo\ving schedule: Start until three (3) full years of service - ten ( 10) eight hour days per year (80 hours) Start of the fourth (4) through the ninth (9) year - fi!teen (15) eight liour days per year ( 120 hours) . I Start of the tenth ( 10) through the fourteenth ( 14) year - t\venty (20) eight hour days per year ( 160 hours) Start of the fifteenth( 15) year - t\venty-one (21) eigh.t hour days per year (168 hours) Start of the sixteenth (16) year - t\venty-t\VO (22) - eight hour days per year (176 hours) Start of the seventeenth ( 1 7) - t\venty-three (23) - eight hour days per year ( 184 hours) Start of the eighteenth ( 18) year - t\venty- four (24) eight hour days per year ( 192 hours) Start of the nineteenth (19) year and thereafter - twenty-five (25) eight hour days per year (200 hours) 20.2 Probationary employees shall earn but cannot use vacation until after t\velve (12) months of service. 20.3 The scheduled shifts that an Employee has scheduled off prior to.. during, and follo\ving the Employee"s vacation leave are included in the Employee's vacation 12 --Windows". During this time period. the Employer \vilt not schedule the Employee for \vork unless the employee volunteers to \vork (i.e. overtime shift or other assigned event) \vithin that time frame. This section does not prevent the Employer from scheduling Employees to work predetermined events in \vhich all Employees in the department \vould be required to \vork. 20.4 A regular full time Employee \vho has completed a minimum of three (3) years of continuous service shall be allo\ved to carrv over from one calendar vear to the ~ .. next one and one-half (1 1/2) times their accrued vacation at the rate of accrual specified in 20. 1. 20.5 A regular full time Employee \vho has completed less than three (3) years of continuous sendce shall be allo\ved to carryover from one calendar year to the next t\vo (2) times their accrued vacation at the rate of accrual specified in 20.1. 20.6 Personal Leave: Employees \vill be eligible for one personal day per year for 8 or 10 hours depending upon the scheduled shift \vorked. The employee must provide 2 days notice to employer prior to taking the personal day. The personal day can be taken at the officer's discretion. ho\vever no accumulation or carry oyer of days can occur. No more than one employ'ee can take personal leave during a \veek. ARTICLE 21: SICK LE.~ VE AND SEVER..-\NCE PA. Y 21.1 Each En1ployee shall earn eight (8) hours of paid sick leave for each n10nth of servIce. 21.2 Each Employee shall be allowed to accrue paid sick leave up to a maximum 960 hours. At their option Employees \vho have accumulated at least 710 hours sick leave may buy back the sick leave hours in excess of 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 same limitations as severance pay as contained in Article 29. 21.3 If an Employee uses more than t\vo (2) consecutive scheduled shifts of sick leave, (either 10 hours or 8 hours each) the Employer may require a doctor's slip as to the nature of the illness, 13 21.4 The Employer agrees to pay upon honorable termination of any Employee after tive (5) years of service fifty percent (500/0) of the employees accumulated unused sick leave at the Employee's current base pay rate. 21.5 In addition to the month Iv accumulation of sick leave mentioned above, each Employee shall accumulate immediately upon employmenc ninety (90) scheduled shifts (either 900 hours or 720 hours depending on the employee's scheduled shift, i.e. 900 hours if 10 hour shift, 720 hours if 8 hour shift at the time of the claim) of sick leave to be used only for injuries incurred during the performance of assigned duties. Such leave \vith pay shall be granted tor any period of disability. provided that a doctor's certiticate is tiled \vith the City Manager stating that the Employee is not able to return to work. Such leave \vith pay shall not exceed ninety (90) scheduled shifts per injury. If the Employee is receiving vV orkers Compensation benefits for the disability, the City \vill pay the difference bet\veen the Employee's Worker's Compensation benefits and the Employee.~s full salary out of the accumulated and unused 90 scheduled shifts of injury on-duty sick leave. Such sick leave shall not be used in computing severance benetits. 21.6 At the Employee. s request the Enlployer shall grant to the Enlployee up to ninety (90) scheduled shifts (either 900 hours or 720 hours depending on the employee's scheduled shift, i.e. 900 hours if 10 hour shift, 720 hours if 8 hour shift at the time of the claim) of unpaid medical leave after sick leave and vacation have been exhausted. 21.7 Any Employee that claims an absence fronl \,.ork due to an injury sustained on the job is subject to an examination to be nlade and paid for by the Employer. Said examination shall be nlade by a person competent to perform the same as designated by the Employer. ARTICLE 22: HEALTH AND WELFARE 22.1 The Employer \vill select and provide group health insurance \vith benefits at the same level as presently exists. The Enlployer \\.ill pay a sum not to exceed the monthly premium $395 per month for individual and dependent coverage. '. effective January 1, 1996. In the event premiums are increased beyond the 1.+ maximum contribution paid by the Employer, such increases shall be paid by the employee through payroll deduction. 22.2 The Employer \vill sele~t and provide group dental insurance \vith benetits substantially the same as presently exist. The Employer \vill pay a sum not to exceed $40.00 per month for individual and dependent coverage. In the event that premiums are increased beyond the maximum contribution paid by the Employer, such increases shall be paid by the employee through payroll deduction. 22.3 The Employer \vill select and provide term life insurance in the total face amount of $40.000. The employer \vill pay a sum not to exceed $9.90 per month for the foregoing coverage. In the event the prelniums are increased beyond the maxin1unl contribution provided by the Employer. such increase sh..1l1 be paid by the Employee through payroll deduction. 11.4 The Employer \vill select and provide long term disabiLity insurance for employees effective January 1. 1995. The Employer \vill pay a sum not to exceed $25.00 per month. In the event the premiums exceed the maximum contribution provided by the Employer. such increases shall be paid by the Enlployee through payroll deductions. In the event a long term disability plan is not available or the parties cannot agree upon the bene tits. employees are entitled to use up to 515.00 per nlonth. effective January I. 1995 to otfset the difference of the employee and dependent health and., or dental insurance premium and the capped amounts. ARTICLE 23: EDUC..\ TION INCENTIVE PAY PLAN 13.1 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\ving schedule after starting \vith the department: Three percent (30.'0) for one ( I ) year Six percent (60,/0) for nvo (1) years Nine percent (90,/0.) for three (3) years T\velve percent (110./0.) for four (4) years An Employee shall receive fifty cents (50 cents) per quarter credit hour in blocks of nine (9) until such time as he achieves one of the above. 15 ,"'" ? -.).- The Employer agrees for the purpose of definition of college level education in Article 23.1 above. to recognize a grade ofC 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. 23.3 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 \vith la\\" enforcement (to include the social sciences and required electives). ARTICLE 24: FUNER.\L LEAVE The Employer authorizes each employee funeral leave of three (3) days, should any member of his immediate family pass a\vay. Such funerarteave shall not be deducted from accumulated sick leave. For the purpose of this Article i"mmediate family shall mean the parents. children. brother. sister. brother-in-Ia\v. sister-in-Iavv. and grandparents of the Employee and Employee' s spouse. The Employer lnay grant additional time off if the City Manager deems it necessary. ARTICLE 25: ST..\NDBY P.~ y If the Employer requires any Employee to standby. the Employee shall receive one (1) hour pay for each t\vo (2) hours of such standby duty. The Employer shall notify any Employee on standby \vhen said Employee is no longer on such duty status. ARTICLE 26: LEGAL PROTECTION The Employer shall provide and pay for legal defense for any Employee \vho is charged \vith any alleged \vrongdoing \vithin the scope of his/her employment. The Employer shall provide false arrest insurance in the amount of $250,000 per person. and $500.000 per occurrence and one million ($1,000,000) per year. ARTICLE 27: P.O.S.T. TRAINING The Employer agrees to pay for all training required by the City at straight time pay for the hours of class time. The Employer also agrees to pay license fees. meals. lodging, mileage. all reasonable expenses incurred in maintaining the Employee's P.O.S.T. . License. Additional schools. upon mutual agreement may be attended by the Employee on his/her o\vn time. \\lith the Employer reimbursing for other costs. 16 ARTICLE 28: MAINTENANCE OF BENEFITS All benefits currently enjoyed by these Employees and not changed or modified by this Agreement shall remain in effect. ARTICLE 29: ACCUl\'IULA TED SICK LEAVE AND CASH 29.1 Any sick leave earned and accrued as of January 1. 1979. shall be paid off at twenty-five percent (250/0) of any amount accumulated prior to date. 29.2 Any sick leave earned and accrued after January 1. 1979 shall be paid otT at tifty percent (500/0) as per the severance article in the labor agreement efrective January 1. 1979. ARTICLE 30: VAC..\TION COVER~GE : I The parties agree that \vhen Employees till in for other Employees on vacation. the Employer \vill take into consideration the shift that the Employee is currently on. the shift he/she is tilling 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 week and back again to cover for an Employee on vacation. This does not pre\.ent the Employer from making shift changes in such cases due to an emergency. or an unscheduled absence. ARTICLE 31: JUR'{ DUTY Leave shall be granted for service upon ajury. Compensation shall be at the Employee~s regular base rate of pay. Employees \vhose scheduled shift is other than a day shift shall be reassigned to a day shift during the period of service upon a jury. When not empaneled for actual service and only on call. the Employee shall report to \vork. If an Employee is excused from jury duty prior to the end of the \vork shift. the Employee shall return to \vork as directed by the EMPLOYER or nlake arrangements for a leave of absence. ARTICLE 32: DUR.\ TION . . This Agreement shall be etfective J anuarv 1. 1996 and shall remain in full force and ~ . effect until the 31 day of December. 1998. 17 SIGNATURES: FOR THE CITY OF PRIOR LAKE: Mayor Dated: City Manager Dated: FOR LAW ENFORCElVIENT LABOR SERVICES, INC. Dated: tT- 1,- '6 Dated: ~. \ '2. .~ Co 18 APPENDIX A: SALARIES EFFECTIVE JANUARY 1, 1996: Start: After 6 months: After 12 months: After 24 months: After 36 months: $2~387 $2,791 $3,175 $3,384 $3,603 per month per month per month per month per month Notwithstanding any other provisions to the contrary. the exclusive representative may provide the City with a notice of its desire to reopen negotiations only on the . subjects of Appendix A: Salaries and Section 12.1: 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 3"1-. 1998. All other provisions of this Labor Agreement \vill 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 \vithin the \vindo\vs of time as provided in the PELRA for notices of intent to reopen negotiations. 19 APPENDIX B: REIMBURSEMENT FOR BARGAINING UNIT NEGOTIATING TIME 1. The Employer will reimburse one (1) employee designated by Local 100, at the Employee's straight-time pay, for time spent in negotiating sessions scheduled during normal \vorking hours, so that the Employee will not have a loss of wages for that activity. 2. This policy shall be effective as of December 23, 1995 and its duration will continue to December 31, 1998 plus any time spent negotiating for the 1999 contract. To continue this policy beyond 1998 negotiations~ it shall be the subject of negotiations. 3. The intent of this memorandum is not to preclude the inclusion of pa~d negotiation 7 . time in future contracts. : J 20 APPENDIX C: LABOR MANAGEMENT COMMITTEE The parties agree to create 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. The City proposes adding a new paragraph 22.5 to the collective bargaining agreement which would create an insurance committee with representatives from all of the organized bargaining units and from unorganized and management employees. The Committee would have the responsibility to make recommendations to the City Council regarding both the nature of the insurance coverage and cost efficiency. If a recommendation from this Commi:ttee were to be accepted by the Council, then the changes appro.ved by the Council would be binding on all of the individuals enrolled in the City.~s group insurance plans. 2. Grievance Procedure. Consider the use of the American Arbitration Association as opposed to the Bureau of Mediation Services for arbitration of grievances. 3. Minimum Staffing. Discuss the minimum staffing of patrol officer positions. The issue involves an inherent managerial policy. These discussions in the LMC are not part of the meet and negotiate process. # 17334/jg 21 _'> ,~_~,_'~~O""~""_"""'" ....,...,,',.-,.."""'_..........~_.__.....,'"......"~_~.~"4..,U...........~~_.~."',.."._""~..~,.."".."~h~"__*-'......_.'_.,."~,_".......,__""__,,....._..'......__...,_....~"._,..",......_,-""'"_......,,"""" ...',...~. ...~.",.;,.-...,._..,,-,_.~..,._~..~,.."'._......,~~......._,"'""'..~_.. GRIEVANCE SETTLEMENT AGREEMENT between CITY OF PRIOR LAKE and LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL 100 This i\greement is entered into by and bet\veen the City of Prior Lake. ~tinnesota (hereinafter '''Employer~') and Law. Enforcement Labor Service.s__ Inc.. Local 100.: the exclusive representative of all employees of the Prior Lake Police Departme~tl \vho are members of the appropriate unit (hereinafter nU nion n) for the purpose of resolving three pending grievances. RECITALS 1. Bureau of \-lediation Services (BivlS) Grievance Case No. 95-PA-1569 \vas tiled on behalf of Dennis LetT and Lee Rabenort regarding assignment of overtime duty at the ~lystic Lake Casino allegedly in violation of the Labor Agreement. Sections 9.4. 12.2. Article 28 and past practice. .., BNtS Grievance Case No. 95-PA-1740 \\"as tiled on behalf of Rory Richards and Jonathan ~1cHaney regarding overtime assignments going to members of the sergeants' bargaining unit allegedly in violation of the Labor Agreement. A.rticle 2. Article 9. Paragraph 12.2. A.rticle 28. and past practice. 3. BMS Grievance Case No. 96-PA-l 0 1 was tiled on behalf of Rory Richards and Mamie Strauss regarding no paid leave to honor subpoenas for private litigation allegedly in violation of the Labor A.greement. Paragraph 13. 1. 4. All of these grievances have been processed to the level of a request for binding arbitration by the Union. Arbitrator Sharon Imes has been selected for BMS Case No. 95-PA- 1740 and Arbitrator Thomas Gallagher for B!vlS Case No. 95-P A-1569. No arbitrator has been selected for BMS Case No. 96-PA-l 0 1. but a list has been obtained from the BtvlS dated July 27, 1995. 5. On November 29, 1995 representatives of the. Union and the City met to discuss the possibility of settlement of the three grievances. Elements of a possible settlement were discussed and the parties agreed that the City would draft a proposal regarding the same. IN CONSIDER.~ TION OF the mutual promises contained herein~ the parties agree to the following: TERMS 1. Contingencies. 1.1. The terms of this Agreement must be accepted in their entirety. and the rejection of any portion constitutes a rejection of the entire Agreement. . 1.2. A.ll parties reserve their respective rights.and legal arguments regarding the three grievances referenced above. Any discussions regarding settlement are not admissible in any hearing regarding the above cited grievances. 1.3. The provisions of this Agreement do not constitute evidence of a binding past practice. have any precedential consequences. or constitute an admission by any party. unless the express provisions of subsequent provi~ions of this Agreement state that the term amends the Labor Agreement. .., Court Time. 2. 1. Th~ parties sp~citically agree to amend Article 13 of the Labor Agreement no\V in effect. .., .., LELS drops from its initial proposal for a successor collective bargaining agreement dated October 24, 1995 item No.2 regarding paid court appearances. 2.3. The language of Article 13 in effect in the collective bargaining agreement for the period from January 1, 1994 through December 31 ~ 1995 is delet~d and replaced \vith the follo\\"ing: 13.1. An Employee who is required to appear in court during scheduled otT-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 Employee for the three (3) hour minimum. Cancellation \vith less than twenty-four (24) hours notice shall result in the minimum being paid. .., 13.2. In the event an Employee is subpoenaed to testify in private party litigation in a capacity other than that of an expert witness regarding an incident that has occurred within the scope of employment for the City of Prior Lake involving facts which the Employee came to know ~.hile on duty as a police officer~ the Employee shall receive court time pay in accordance with the "requirements as set forth in 13.1. In addition, if the Employee uses a personal vehicle, then the Employee may keep the mileage fee served \\,rith the subpoena. 3. Overtime Assi~nments. 3.1. Unit n1embers of the bargaining unit represented by LELS may be assigned overtime duties by the Employer in accordance ~.ith the provisions of this Agreement. Provided~ however. in no event shall LELS bargaining unit members be entitled to perform supervisory duties. The overtime duties may be assigned by the Employer in accordance with the provisions of Exhibit 1 attached hereto and incorporated by reference as if fully set forth. Dennis Leff and Lee Rabenort filed a grievance regarding the assignment of overtime duty at the Mystic Lake Casino allegedly in violation of Sections 9.4. 12.2 and Article XXVIII and past practice. The parties specitically agree that overtime was otfered to these individuals at the time the events occurred that gave rise to their grievance. The provisions contained in Exhibit 1 provide a fair mechanism for resolving their grievance. In a spirit of coo1promise. the City proposes that the parties "split the difference" in the claim of the t\\/O grievants: Each of the grievants \vould rec~i\'e one-half (1/1) of the overtime pay that they \vould have received if they had accepted an assignment of overtime duty at either the ~lystic Lake Casino or the other overtime duty that was otfered on the e\"ening that gave rise to the grievance. 4. Additional Settlement Provisions. Jonathan McHaney will receive ten (10) hours at time and one-half ( 1-111) of pay in settlement of grievance case No. 95-P A-1740. Rory Richards \vill receive three (3) hours at time and one-half ( 1-1/2) of pay in settlement of grievance case No. 96-PA-l 0 1. 5. Effective Date. 5.1. The terms of this Agreement shall become effective only after approval by the Union as evidenced by the signatures below and the approval by the Employer at a duly called meeting of the City Council. all in accordance with law. as evidenced by its signatures belo\\/. ... .J IN WITNESS W11EREOF, the parties have signed this Agreement on the dates indicated. LA W ENFORCEMENT LABOR SERVICES, INC. - LOCAL 100 By: ~~ Stew d Dated: ~. (~~~ By: Steward Dated: ~. ---:J( {f ~_"F k-. By:~ Roland tvliles Union Representative Dated: /"- ~-1( By: Dated: By: Dated: CITY OF PRlOR LAKE, MINNESOTA Lydia Andren Its rvlayor Frank Boyles Its City Manager 4 EXHIBIT 1 Notwithstanding any other provision to the contrary, the parties agree to amend the Labor Agreement currently in effect for the period from January 1, 1994 through December 3 f, 1995 as follows: 1. Overtime assignments made by the Employer will be in accordance with the terms of this Agreement in order to provide predictability of overtime assignmen~ ease of management of assigning the overtime duties. Section 12.2 of the labor agreement bet\\.een the City of Prior Lake and Law Enforcement Labor Services, Inc. Local 100 effective January 1,1994 through December 3 L 1995 is hereby deleted and replaced by the language set forth herein. 2. Section 12.2 is amended to read as follo\-vs: 12.2. O'\'ertime Assignments. .1 12.2.1. The Employer retains its full authority to determine if duties \vill be completed by overtime assignment and the nature of such assignments. For purposes of this section. the \vord '.qualified" means an employee \vho has successfully completed the Field Training Oftier program. 12.2.2. If a shift is vacated by a unit member. such as a resignation or a paid or unpaid leave of absence. and if the Employer determines to fill the shift. then it shall be tilled according to the follo\ving procedure. An offer of an overtime assignment will be made in sequential order from the most senior to the least senior qualitied individual. If no one \\"ants to \vork it. the overtime shall be assigned to the junior qualitied employee. This provision shall not apply if the employee has not had at least t\velve (12) hours off duty. 12.2.3. Individuals contacted for overtime duties shall respond to the contact immediately. and in no event later than ten minutes after the contact is made. In the event o~nf~ese~able circumstances or exigent circumstances w~nable require an employee to inlmediately respond. then the EMPLOYER may assign duties to an employee \vithout regard to section 12.2. Ex. 1-1 3. In administering this new language, sergeants will retain their existing supervisory function of assigning overtime to officers. Attached are some examples of how the City would see the new language functioning. .1 Ex. 1-2 EXAMPLES Scenario #1 - Sergeants Authority Sergeants still need the supervisory authority to assign overtime. If the chief and lieutenant are gone and an overtime situation arises, the sergeants will need to fill the time consistent with 12.2. An example would be on a weekend when an officer calls in sick for hislher shift. The sergeant presently assesses and should be able to continue to assess what is needed for coverage and fill that coverage with overtime. There are also times when the chief and lieutenant are gone to training, one on vacation and the other on days off, etc. where the sergeants have to fill an overtime assignment. Scenario #2 - Exigent Circumstances There are times when the employer will not be able to follow 12.2 . These are times of exigent circumstances. Examples of this \vould be- a hostage situation, a natural disaster such as a tornado, where the employer needs an officer, immediately. If the employer has to follow the 12.2 system it could take personnel \vho do not live in the area up to an hour to report for duty. The employer would like an exception for exigent circumstances and have the ability to contact personnel \vho live closest to the city for the safety of all involved. Ii I 7326/jg Ex. 1-3