HomeMy WebLinkAbout5D Teamsters 2018-2020 Union Contract Report
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: FEBRUARY 5, 2018
AGENDA #: 5D
PREPARED BY: LORI OLSON, ASSISTANT CITY MANAGER
PRESENTED BY: LORI OLSON, ASSISTANT CITY MANAGER
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION RATIFYING THE
2018-2020 COLLECTIVE BARGAINING AGREEMENT BETWEEN
THE CITY OF PRIOR LAKE AND TEAMSTERS REPRESENTING
POLICE SERGEANTS
DISCUSSION: Introduction
The purpose of this agenda item is to request City Council approval of a
labor agreement between the Minnesota Teamsters Public and Law
Enforcement Employee’s Union, Local No. 320 (TEAMSTERS) and the
City of Prior Lake for 2018 to 2020.
History
The Public Employees Relations Act (PELRA) requires the City to meet
and negotiate with labor organization agents over the terms and conditions
of employment for represented employees. The TEAMSTERS bargaining
unit represents the City’s five (5) police sergeants. The existing agreement
was a three-year contract that expired on December 31, 2017.
The negotiation process with the TEAMSTERS began in January 2018.
Negotiating on behalf of the City were Lori Olson, Assistant City Manager
and Mark Girouard, an attorney with Nilan, Johnson, Lewis, the City’s labor
law counsel. The bargaining team representing TEAMSTERS included
Sergeant Brad Cragoe and TEAMSTERS business agent Terry Neuberger.
One meeting was held with these parties to outline the demands and
negotiate the proposed collective bargaining agreement.
Prior to the negotiating sessions, City staff and Mr. Girouard met with the
City Council in an executive session on November 6, 2017 to receive
direction on the parameters for wages and benefits for all city employee
groups.
Current Circumstances
Below is a summary of the primary contract amendments agreed upon by
both parties as part of the negotiations process. A complete executed copy
of the TEAMSTERS Labor Agreement is attached.
Duration Three-year term (01/01/2018 – 12/31/2020).
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Shift Schedule Minimum time off between shifts reduced from 12
hours to 10 hours.
Compensatory
Time
Increased compensatory time accumulation to:
2018 - 40 hours
2019 - 45 hours
2020 - 50 hours
Holidays
Added language that names City designated
holidays.
Wages 2018 - 3.0%
2019 - 3.0%
2020 - 3.0%
Personal Leave Added language that states employees hired on or
after July 1 receive one (1) personal day.
Health Insurance 2018 - $890.00/month max family contribution
2019 - $945.00/month max family contribution
2020 - Reopen negotiation for health only
Dental Insurance Monthly City contribution max of $45.00/month.
Funeral Leave Added language to include stepchildren and
stepparents as immediate family members. Added
two (2) days to funeral leave for death of spouse,
child or parent.
ISSUES: In negotiating this agreement, the staff considered the following:
Duration. The City typically seeks three-year agreements with all
bargaining units to ensure a longer period of labor peace and to enable
budget preparations at actual costs rather than estimates.
Shift Schedule. Allows for greater scheduling flexibility by management.
Compensatory Time. Several studies have found that the future workforce
values time over money. This proposed adjustment allows officers to
increase their compensatory time hours so they may select time off rather
than pay for overtime worked.
Holidays. This change eliminates any confusion about what a ‘holiday’ is
and is consistent with the language in the City’s personnel policy and
AFSCME labor agreement.
Wages. Based upon a staff analysis of similarly sized cities, the proposed
wage adjustments are in line with metro area wage increases. An historic
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low unemployment rate in Minnesota and subsequent difficulty in recruiting
strong candidates requires competitive wages to retain valued employees.
Personal Leave. Under the current contract, an employee who starts at any
time during the year would be eligible for two (2) personal days. This
clarifies one day for those hired in the last half of the year and is consistent
with the City’s personnel policy.
Health Insurance. The health insurance City contribution increases are
based on an assumed 12-15% increase per year in health premiums with
the City and employee splitting the cost of the increase. Given the volatility
of the health markets, both the City and the union agreed that reopening
the contract to negotiate 2020 health premium contributions is in our
mutual best interest.
Dental Insurance. Increased City contribution from $40.00 to $45.00.
Funeral Leave. This is a rarely used benefit with little cost to the City but
maximum impact for the affected employee at the time of the bereavement.
This change also takes into account the evolving definition of ‘family.’
In addition, minor housekeeping changes were made to clean up dated
language that is no longer relevant to the contract; to mileage and witness
fee reimbursement process for court time; and to clarify current uniform
allowance rates.
Conclusion
Staff believes that the TEAMSTERS and the City have negotiated the
terms of this contract in good faith and that the proposed terms of the
proposed labor agreement are within the parameters set forth by the City
Council in November 2017. The proposed wages and benefits are also in
line with those recently approved for unrepresented employees in 2018.
FINANCIAL
IMPACT:
The 2018 adopted budget includes adequate funding to administer the
terms of the proposed labor agreement.
ALTERNATIVES: 1. As part of the consent agenda, approve the resolution ratifying the
TEAMSTERS Labor Agreement with the City of Prior Lake for years
2018-2020.
2. Remove this item from the Consent Agenda for additional
discussion
RECOMMENDED
MOTION:
Motion and second for approval of alternative #1
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 18-___
RATIFYING A LABOR AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND THE
MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEE UNION,
LOCAL NO. 320 REPRESENTING POLICE SARGEANTS FOR THE PERIOD JANUARY 1,
2018 THROUGH DECEMBER 32, 2020
Motion By: Second By:
WHEREAS, the Public Employees Relations Act (PELRA) requires that the City meet and
negotiate with the applicable labor organization’s exclusive bargaining agent over
the terms and conditions of employment for represented employees; and
WHEREAS, the Minnesota Teamsters Public and Law Enforcement Employee’ Union, Local No.
320 represents the City of Prior Lake police sergeants; and
WHEREAS, the current Teamsters labor agreement expired on December 31, 2017; and
WHEREAS, negotiations between the City and the Teamsters have taken place and resulted in
an Agreement on the terms and conditions of employment, including wages and
benefits, for January 1, 2018 through December 31, 2020; and
WHEREAS, the employees who are represented by the Teamsters have voted to ratify the
Agreement and have executed the same; and
WHEREAS, the Agreement becomes effective as of January 1, 2018 upon approval and
acceptance by the City Council.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The Agreement between the City of Prior Lake and the Minnesota Teamsters Public and
Law Enforcement Employee’ Union, Local No. 320 effective January 1, 2018 through
December 31, 2020 is hereby ratified.
3. The Mayor and City Manager are hereby authorized to execute the above referenced
Agreement.
Passed and adopted by the Prior Lake City Council this 5th day of February 2018.
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager
between
CITY OF PRIOR LAKE
AND
MINNESOTA TEAMSTERS PUBLIC AND
LAW ENFORCEMENT EMPLOYEES’ UNION,
LOCAL NO. 320
REPRESENTING: POLICE SERGEANTS
January 1, 2018 to December 31, 2020
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TABLE OF CONTENTS
Article I: Purpose of Agreement…………………………………………………………..…….2
Article II: Recognition……………………………………………………………………….……2
Article III: Definitions………………………….……………….…………………………………2
Article IV: Employer Security……...………………………………………………….…..….…3
Article V: Employer Authority……………….…………………………………………….…….3
Article VI: Union Security………….……………………………………………………………..4
Article VII: Employee Rights – Grievance Procedure………...…………... …………..……4
Article VIII: Savings Clause……………...………………………………………………………7
Article IX: Seniority………………………………………………………………...……………..7
Article X: Probation………...………………………………………………………….………….8
Article XI: Discipline……..…………………………………………………………………..……8
Article XII: Work Schedule and Hours of Work……………………………………..……….9
Article XIII: Overtime………………..…………………………………………………….………9
Article XIV: Court Time………….……………………..………………………………….…….10
Article XV: Call Back Time………………………………………………………………….…..10
Article XVI: Clothing Allowance…………………………………….………………...….……10
Article XVII: Holidays………………………………………………….……………….………..11
Article XVIII: Base Rate of Pay…………………………………………………………………12
Article XIX: Longevity Plan…………………………………………………………..…….…..12
Article XX: Vacation Leave…………………..…………………………………………………12
Article XXI: Sick Leave and Severance Pay………………………………………………….13
Article XXII: Health and Welfare……………………………………………..………….…….14
Article XXIII: Funeral Leave…….………………………………………………..…………….15
Article XXIV: Standby Pay……………………..……………………………..………………..15
Article XXV: P.O.S.T. Training.………………………………………………………………..15
Article XXVI: Vacation Coverage.....………………..………………….…………………….15
Article XXVII: Legal Services………………………………………………………………….15
Article XXVIII: Jury Duty Provision…………………………………………………………..16
Article XXIX: Education Incentive Plan..……………….……………………………………16
Article XXX: Working out of Classification….…………………………………………..….17
Article XXXI: Duration………………………………………………………….…………...…..17
Signatures……………………………………………………………………….…….………….17
Appendix A: Base Rate of Pay………………………………..………………………………18
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LABOR AGREEMENT
BETWEEN
THE CITY OF PRIOR LAKE
AND
MINNESOTA TEAMSTERS PUBLIC AND
LAW ENFORCEMENT EMPLOYEES’ UNION,
LOCAL #320
ARTICLE I. PURPOSE OF AGREEMENT
This Agreement is entered into as of January 1, 2018, between 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 this Agreement to:
1.1 Establish procedures for the resolution of disputes concerning this Agreements’
interpretation and/or application; and
1.2 Place in written form the parties’ entire agreement upon terms and conditions of
employment contained herein for the duration of this Agreement.
ARTICLE II. RECOGNITION
2.1 The EMPLOYER recognizes the Union as the exclusive representative, under
Minnesota Statutes, Section 179A.03, Subdivision 14, for all police personnel in the
following job classification:
POLICE SERGEANT
2.2 In the event the EMPLOYER and the Union are unable to agree as to the inclusion
or exclusion of a new or modified job class, the issue shall be submitted to the Bureau
of Mediation Services for determination.
ARTICLE III. DEFINITIONS
3.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees’
Union, Local No. 320.
3.2 UNION MEMBER: A member of the Minnesota Teamsters Public and Law
Enforcement Employees’ Union, Local No. 320.
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.
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3.6 CHIEF: The Chief of the Prior Lake Police Department or designee.
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 work period including rest breaks and a lunch
break.
3.9 REST BREAK: Periods of time for rest purposes during the Scheduled Shift. The
Employee remains on continual duty and is responsible for all job duties.
3.10 LUNCH BREAK: A period of time designated for the Employee to eat during the
Scheduled Shift. The Employee remains on continual duty and is responsible for all
job duties.
3.11 STRIKE: Failing to report for duty, the willful absence from one’s position, the
stoppage of work, slow-down or abstinence in whole or in part from the full, faithful
and proper performance of the duties of the Employee for the purpose of inducing,
influencing or coercing a change in the conditions or compensation or the rights,
privileges or obligations of employment.
3.12 UNION OFFICER: Officer elected or appointed by Minnesota Teamsters Public and
Law Enforcement Employees’ Union, Local No. 320 to act as Union Officer.
3.13 BASE PAY: Base Pay shall mean the rate of pay negotiated under Article 18.
3.14 BASE SALARY OR SALARY: The cumulative of base pay plus any additional
percentage pay received including longevity and/or education incentive.
ARTICLE IV. EMPLOYER SECURITY
The Union agrees that while this Agreement is in effect, the Union will not cause, encourage,
participate in or support any strike, slow down or other interruption of or interference with
the normal functions of the EMPLOYER.
ARTICLE V. EMPLOYER AUTHORITY
5.1 The EMPLOYER retains the sole right to operate and manage all manpower,
facilities, and equipment in accordance with applicable laws and regulations of
appropriate authorities, including, but not limited to, the following: 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 except as
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limited by this Agreement.
5.2 Any term and condition of employment not specifically established or modified by this
Agreement shall remain solely within the discretion of the EMPLOYER to modify,
establish or eliminate.
ARTICLE VI. UNION SECURITY
6.1 The EMPLOYER shall deduct from the wages of Employees who authorize such a
deduction in writing an amount necessary to cover monthly Union dues. Such monies
shall be remitted as directed by the Union.
6.2 The Union 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 Union may designate an Employee 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 within two weeks of signing the contract, or any
change in designated personnel.
6.4 The EMPLOYER shall make space available on the Employee bulletin board for
posting Union notice(s) and announcement(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 when such time will not interfere with
the operations of the department.
6.6 The EMPLOYER agrees to post all promotional opportunities within the department;
to publish the method by which promotions shall be made within the department and
to make copies of all work rules and regulations available to Employees.
6.7 The Business Agent of the Union, previously accredited to the City in writing 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 VII. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
7.1 Definition 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 Article.
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7.3 The Union shall notify the EMPLOYER in writing of the names of such Union
Representatives and their successors when 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 shall therefore be
accomplished during normal working hours only when consistent with such Employee
duties and responsibilities. The aggrieved Employee and a Union representative
shall be allowed a reasonable amount of time without loss in pay when a grievance
is investigated and presented to the EMPLOYER during normal working hours
provided that the Employee and the Union Representative have notified and received
the approval of the designated supervisor who has determined that such absence is
reasonable and would not be detrimental to their work for the EMPLOYER.
7.4 Procedure: Grievances, as defined by Section 7.1 shall be resolved in conformance
with the following procedure:
Step 1: An Employee claiming a violation concerning the interpretation or
application of this Agreement shall, within twenty-one (21) days after
such alleged violation has occurred, present such grievance to the
Employee’s supervisor as designated by the EMPLOYER. The
EMPLOYER-designated representative will discuss and give an answer
to such Step 1 grievance within ten (10) days after receipt. A grievance
not resolved in Step 1 and appealed to in Step 2 shall be placed in
writing setting forth the nature of the grievance, the facts on which it is
based, the provision or provisions of the Agreement allegedly violated,
the remedy requested and shall be appealed to Step 2 within ten (10)
days after the EMPLOYER-designated representatives’ final answer in
Step 1. Any grievance not appealed in writing to Step 2 by the Union
within ten (10) days shall be considered waived.
Step 2: If appealed, the written grievance shall be presented by the Union and
discussed with the EMPLOYER designated Step 2 representative. The
EMPLOYER designated representative shall give the Union the
EMPLOYER’s Step 2 answer in writing within ten (10) days after receipt
of such grievance. A grievance not resolved in Step 2 may be appealed
to Step 3 within ten (10) calendar days following the EMPLOYER
designated final Step 2 answer. Any grievance not appealed in writing
to Step 3 by the Union within ten (10) days shall be considered waived.
Step 3: If appealed, the written grievance shall be presented by the Union and
discussed with the EMPLOYER designated Step 3 representative. The
EMPLOYER designated representative shall give the Union the
EMPLOYER’s answer in writing within ten (10) calendar days after
receipt of such Step 3 grievance. A grievance not resolved in Step 3
may be appealed to Step 4 with in ten (10) calendar days following the
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EMPLOYER designated representative’s final answer. 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 ARBITRATOR’S AUTHORITY
A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or
subtract from the terms and conditions of this Agreement. The arbitrator shall
consider and decide only the specific issue(s) submitted in writing by the
EMPLOYER and the Union, and shall have no authority to make a decision on
any other issue not so submitted.
B. The arbitrator shall be without power to make decisions contrary to, or
inconsistent with, or modifying or varying in any way the application of laws,
rules, or regulations having the force and effect of law. The arbitrator’s
decision shall be submitted in writing within thirty (30) days following 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 Union and shall be based solely on the
arbitrator’s interpretation or application of the express terms of this Agreement
and to the facts of the grievance presented.
C. The fees and expenses for the arbitrator’s services and proceedings shall be
borne equally by the EMPLOYER and the Union provided that each party shall
be responsible for compensating its own representatives and witnesses. If
either party desires a verbatim record of the proceedings, it may cause such a
record to be made, providing it pays for the record. If both parties desire a
verbatim record of the proceedings the cost shall be shared equally.
7.7 Waiver: If a grievance is not presented within the time limits set forth above it shall
be considered waived. If a grievance is not appealed to the next step within the
specified time limit or any agreed extension thereof, it shall be considered settled on
the basis of the EMPLOYER’s last answer. If the EMPLOYER does not answer a
grievance or an appeal thereof within the specified time limits, the Union may elect to
treat the grievance as denied at that Step and immediately appeal the grievance to
the next Step. The time limit in each step may be extended by mutual writt en
agreement of the EMPLOYER and the Union in each step.
7.8 Choice of Remedy: If, as a result of the written EMPLOYER’s response in Step 3, the
grievance remains unresolved, and the grievance involves the suspension, demotion,
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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 writing which 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 VIII. SAVINGS CLAUSE
This Agreement is subject to the laws of the United States, the State of Minnesota and the
City of Prior Lake. In the event any provision of this Agreement shall be held to be contrary
to law by a court of competent jurisdiction from whose final judgment or decree no appeal
has been taken within the time provided, such provisi ons shall be voided. All other
provisions of this Agreement shall continue in full force and effect. The voided provision
may be renegotiated at the written request of either party.
ARTICLE 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 work force in a specific classification shall be accomplished on the
basis of seniority, with the least senior 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 lower position in the Prior Lake Police
Department.
9.6 Employees shall be recalled from layoff on the basis of seniority. An Employee on
layoff shall have the right to return to work within two years of the time his/her layoff,
provided the Employee has maintained all license requirements as established by the
P.O.S.T. Board or is eligible for license. Notification shall be by certified letter, and
upon receipt of, Employee shall have twelve (12) days to return to work.
9.7 One continuous vacation period shall be selected on the basis of seniority until March
15 of each calendar year.
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9.8 In-class seniority shall prevail. Senior Employees shall have preference for shift bids,
transfer, and job classification assignments.
ARTICLE X. PROBATION
10.1 A promoted or new Employee shall be granted a one (1) year probation period to
determine:
1. The Employee’s ability to perform the job;
2. The Employee’s desire to remain on the job; and
3. During the probationary period, a newly hired or rehired Employee may be
discharged at the sole discretion of the EMPLOYER. During the probationary
period, a promoted or reassigned Employee may be returned to the previous
position at the sole discretion of the EMPLOYER. The Employee may elect to
return to the previous position during the probationary period.
ARTICLE XI. DISCIPLINE
11.1 The EMPLOYER will discipline Employees for just cause only in a form including but
not limited to the following:
A. Oral reprimand;
B. Written reprimand;
C. Suspension;
D. Demotion;
E. Discharge.
11.2 Suspension, demotions or discharges will be in written form.
11.3 Discipline shall become part of the Employee’s personnel file and shall be
acknowledged by signature of the Employee. Employee and the Union will receive a
copy of such documents.
11.4 Employees may examine their own individual personnel files at reasonable times
under the direct supervision of the EMPLOYER.
11.5 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.
11.6 The EMPLOYER will not discipline an Employee in the presence of citizens or other
Employees, other than the Union steward, the Employee’s designated Union
representative, or supervisory personnel, or a designee. This shall not be deemed to
apply to the issuance of work instructions or discussions held during departmental
meetings.
11.7 Grievances relating to this Article may be initiated by the Union in Step 3 of the
grievance procedure under Article VII.
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ARTICLE XII. WORK SCHEDULE AND HOURS OF WORK
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
of a minimum or maximum number of hours the EMPLOYER may assign Employees.
ARTICLE XIII. OVERTIME
13.1 Employees shall be compensated at one and one -half (1½) times the Employee's
regular salary rate for all hours worked in excess of the Employee's regularly
scheduled shift. Changes of shift do not qualify an Employee for overtime under this
Article.
13.2 The Police Chief shall have sole discretion in the availability of overtime. When the
Chief declares that overtime is available, it shall be distributed on a volunteer basis,
by seniority, to the Sergeants first. If no Sergeant wants to work it, the overtime may
be assigned to the junior Sergeant or offered to a patrol officer. This provision sh all
not apply if the Employee has not had at least twelve (12) hours off duty.
13.3 Overtime will be calculated to the nearest fifteen (15) minutes.
13.4 For the purpose of computing overtime compensation, overtime hours worked shall
not be pyramided, compounded or paid twice for the same hours worked.
13.5 The EMPLOYER shall provide a minimum of ten (10) hours off between scheduled
shifts. If an Employee is required to work with less than ten (10) hours off between
shifts, then he/she shall be paid at the time of one and one -half (1½) salary rate for
all hours that are worked within the ten (10) hour period, except when it is mutually
agreed by the EMPLOYER and the Employee to waive this requirement.
13.6 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. Any unused compensatory time
will be paid out in the last paycheck for December. Maximum compensatory time
accumulated shall not exceed forty (40) hours for 2018, forty-five (45) hours for 2019,
and fifty (50) hours for 2020.
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ARTICLE XIV. COURT TIME
14.1 An Employee who is required to appear in Court during his scheduled off -duty time
shall receive a minimum of three (3) hours pay at one and one -half (1½) times the
Employee's salary rate, as long as any witness fee and any reimbursement for
mileage in a City vehicle is remitted to the City. 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 with less than twenty-four (24) hours’ notice
shall result in the minimum being paid. If the Employee uses a personal vehicle, then
the Employee may keep any mileage fee.
14.2 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 while on duty as a police officer, then the Employee shall
receive court time pay in accordance with the requirements as set forth in 14.1, as
long as any witness fee and any reimbursement for mileage in a City vehicle is
remitted to the City. If the Employee uses a personal vehicle, then the Employee may
keep any mileage fee.
ARTICLE XV. CALL BACK TIME
15.1 An Employee who is called back to duty during his scheduled off -duty time shall
receive a minimum of two (2) hours pay at one and one -half (1½) times the
Employee's salary rate. An extension or early report to a regularly scheduled shift for
duty does not qualify the Employee for the two (2) hour minimum.
ARTICLE XVI. CLOTHING ALLOWANCE
16.1 Employees shall receive nine hundred sixty-seven dollars ($967.00) per year for
clothing and maintenance allowance starting in 2017 . 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 allowance is to be paid in the first paycheck in June
and the other fifty percent (50%) shall be paid in the first paycheck in December.
Non-probationary Employees must be employed as of the date of disbursement to
receive the allowance.
16.3 Probationary Employees in their first year of employment can draw 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 allowance.
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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 new Employees, shall be paid for by the EMPLOYER, without deduction from the
uniform allowance.
16.5 The EMPLOYER shall provide each Employee with a Level 2 ballistic vest, either side
panel vest or their extended coverage T -shirt style, and two covers every five years.
ARTICLE XVII. HOLIDAYS
17.1 The EMPLOYER shall recognize eleven (11) designated paid holidays plus one (1)
“floating” paid holiday, at a maximum of eight (8) hours per day or ninety-six (96)
hours per year, as specified below:
• New Year’s Day
• Martin Luther King, Jr. Day
• President’s Day
• Memorial Day
• Independence Day
• Labor Day
• Veteran’s Day
• Thanksgiving Day
• Friday following Thanksgiving Day
• Christmas Eve Day
• Christmas Day
Scheduling of an Employee’s floating holiday shall be by mutual agreement between
the Employee and his or her supervisor. Holidays, including floating holidays, cannot
be carried over from one year to the next.
17.2 Any holidays not taken by the Employee shall be resold to the EMPLOYER at the
Employee's salary rate during the first payroll in December. If an Employee separates
employment prior to December, the Employee shall be compensated for holidays that
occurred but were not used prior to separation.
17.3 Any Employee required to work on a holiday as designated In Article 17.1 shall be
credited with an additional one-half (½) times his/her regular salary rate for all hours
worked except any hours which would be regular overtime hours per Article XIII,
Overtime, which shall be paid as per Article XIII provides. Holiday premium pay shall
be given for all hours of the shift, including ten (10) hour shifts.
17.4 In instances where Christmas Day, the 4th of July, and New Year’s Day fall on a
Saturday or Sunday, shift Employees scheduled to work the actual holiday will be
paid at 1½ times their salary rate of pay for the shift worked. No shift Employee will
be paid at the 1½ times rate for the City-recognized holiday.
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ARTICLE XVIII. BASE RATE OF PAY (and Appendix A)
Effective January 1, 2018, cost of living increase to wage table:
2018 - 3.0%
2019 - 3.0%
2020 - 3.0%
ARTICLE XIX. LONGEVITY PAY PLAN
19.1 Each Employee shall receive longevity pay in addition to regular base rate of pay as
per the following schedule:
Three percent (3%) after four (4) years of service.
Five percent (5%) after eight (8) years of service.
Seven percent (7%) after twelve (12) years of service.
Nine percent (9%) after sixteen (16) years of service.
ARTICLE XX. VACATION LEAVE
20.1 Each Employee shall accrue paid vacation on a monthly basis as per the following
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- fifteen (15) eight
hour days per year or one hundred twenty (120) hours.
Start of the tenth (10th) through the fourteenth (14th) year - twenty
(20) eight hour days per year or one hundred sixty (160) hours.
Start of the fifteenth (15th) year - twenty-one (21) eight hour days per
year or one hundred sixty-eight (168) hours.
Start of the sixteenth (16th) year - twenty-two (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 - twenty-five (25)
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eight hour days per year or two hundred (200) hours.
20.2 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 "Windows".
During this time period, the EMPLOYER will not schedule the Employee for work.
This section does not prevent the EMPLOYER from scheduling Employees to work
predetermined events in which all Employees in the department would be required to
work.
20.3 A regular full-time Employee shall be allowed to carry over from one calendar year to
the next one and one-half (1½) times their accrued vacation at the rate of accrual
specified in 20.1.
20.4 Personal Leave: Employees will be eligible for two (2) personal days per year, except
that Employees who are hired on or after July 1 of a given year will be eligible for only
one (1) personal day for that year. The Employee must provide two (2) days written
notice to EMPLOYER prior to taking the personal day. The personal day can be taken
at the Employee’s discretion, however, no accumulation or carry over of days can
occur. No more than one (1) Employee can take personal leave during the week.
ARTICLE 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 allowed to accrue paid sick leave up to a maximum of seven
hundred twenty (720) hours. Employees who have accumulated at least 720 hours
of sick leave may annually buy back 50% of the sick leave days in excess of 720
hours at the current salary rate of pay.
21.3 If an Employee uses more than two (2) consecutive days of sick leave, the
EMPLOYER may require a doctor's slip as to the nature of the illness.
21.4 The EMPLOYER agrees to pay upon honorable termination of any Employee after
five (5) years of service fifty percent (50%) of the Employee's accumulated unused
sick leave at the Employee's current salary pay rate.
21.5 In addition to the monthly accumulation of sick leave mentioned above, each
Employee shall accumulate immediately upon employment, 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 with pay shall be granted for any period of disability, provided that
a doctor's certificate is filed with the City Manager stating that the Employee is not
able to return to work. Such leave with pay shall not exceed ninety (90) working days
per injury. If the Employee is receiving Worker's Compensation benefits for the
disability, the City will pay the difference between the Employee's Worker's
Compensation benefits and the Employee's full salary out of any accumulated and
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unused ninety (90) scheduled shifts of injury on-duty sick leave. Such sick leave shall
not be used in computing severance benefits.
21.6 At 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 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.
ARTICLE XXII. HEALTH AND WELFARE
22.1 The EMPLOYER will select and provide group health insurance with benefits at the
same level as presently exists. The EMPLOYER will pay a sum not to exceed the
monthly premium for individual and dependent coverage as follows:
2018 2019 2020
Single
The City contribution for
single healthcare
coverage shall be equal to
100% of the monthly
premium for the
Accountable Care
Organization (ACO) plan,
plus $160 per month.
The City contribution for
single healthcare
coverage shall be equal to
100% of the monthly
premium for the
Accountable Care
Organization (ACO) plan,
plus 160 per month.
Reopen contract for group
health insurance only for
2020.
Family
$890 a month for all plans. $945 per month for all
plans.
Reopen contract for group
health insurance only for
2020.
In the event premiums are increased beyond the maximum contribution paid by the
EMPLOYER, then such increases shall be paid by the Employee through payroll
deduction.
22.2 The EMPLOYER will select and provide group dental insurance with benefits
substantially the same as presently exist. The EMPLOYER will pay a sum not to
exceed forty-five dollars ($45) per month the monthly premium for individual and
dependent coverage. In the event that premiums are increased beyond the maximum
contributions paid by the EMPLOYER, such increases shall be paid by the Employee
through payroll deduction.
22.3 The EMPLOYER will select and provide term life insurance in the total face amount
of $50,000.
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22.4 Retirement Health Savings Plan is a health benefit savings vehicle that allows
Employees to accumulate assets to pay for medical expenses (e.g. health insurance,
co-pays, prescription expenses, etc.) on a tax-free basis. The terms of the plan are
governed by the Internal Revenue Code. To be eligible to participate in the plan,
Employees must (1) complete 12 months of full-time service to the City, and (2) make
mandatory Employee contributions in the amount of $12.50 per pay period. The
EMPLOYER will contribute $12.50 per pay period per participating Employee.
ARTICLE XXIII. FUNERAL LEAVE
The EMPLOYER authorizes each Employee funeral leave of three (3) days, should any
member of his or her immediate family pass away, and an additional two (2) days if the
family member is the Employee’s spouse, child (including stepchild), or parent (including
stepparent). Such funeral leave shall not be deducted from accumulated sick leave. For the
purpose of this Article immediate family shall mean the Employee’s spouse, and parents
(including stepparents), children (including stepchildren), brothers, sisters, grandparents,
and grandchildren of the Employee or of the Employee's spouse. The EMPLOYER may
grant additional time off if the City Manager deems it necessary.
ARTICLE XXIV. STANDBY PAY
If the EMPLOYER requires any Employee to be on standby, the Employee 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 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, etc., upon mutual agreement ma y be attended by the Employee on
his/her own time, the EMPLOYER reimbursing for other costs.
ARTICLE XXVI. VACATION COVERAGE
The parties agree that when Employees fill in for other Employees on vacation, the
EMPLOYER will 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 would 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
prevent the EMPLOYER from making shift changes in such cases due to an emergency, or
an unscheduled absence.
ARTICLE XXVII. LEGAL SERVICES
27.1 The EMPLOYER shall provide and pay for legal defense for any Employee who is
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charged with any alleged wrongdoing within the scope of his/her employment.
27.2 Except in cases of malfeasance in office or willful or wanton neglect of d uty,
EMPLOYER shall defend, save harmless and indemnify an Employee and/or his/her
estate against any claim or demand, whether groundless or otherwise, 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 words, "malfeasance", willful", and
"wanton" shall be described in the most recent Blacks Law Dictionary.
ARTICLE XXVIII. JURY DUTY PROVISION
When an Employee has been absent from work because of jury service, he/she shall be
paid the regular salary by the City, with the understanding that upon the completion of the
jury service, he/she shall provide a copy of the jury check to the head of the departme nt and
that the amount of such check, less the amount including for traveling expenses, shall be
deducted from the next regular pay check.
ARTICLE XXIX. EDUCATION INCENTIVE PAY PLAN
29.1 The EMPLOYER agrees to pay each Employee an additional percentage of his/her
base pay rate plus longevity pay or working out of classification pay, if any, for each
year of college level education as part of the following schedule after starting with the
department:
Three percent (3%) for one (1) year
Six percent (6%) for two (2) years
Nine percent (9%) for three (3) years
Twelve percent (12%) for four (4) years
New members of the bargaining unit hired after January 1, 2009 are not eligible for
education incentive pay.
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 written notice of the Employee's intent to
enroll in a course by June 30th the year preceding enrollment.
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 social sciences and required
electives). Effective December 31, 2009, this provision shall not apply to Masters or
higher level course work.
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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. Employees
assigned to the position of Sergeant Investigations shall receive an additional five percent
(5%) of their base pay plus longevity pay.
ARTICLE XXXI. DURATION
31.1 This Agreement shall be effective as of January 1, 2018, and shall remain in full force
and effect until December 31, 2020 and thereafter as provided in the PELRA.
31.2 This Agreement shall represent the complete agreement between the EMPLOYER
and the Union.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
__________day of _______, 2018.
FOR THE CITY OF PRIOR LAKE FOR MINNESOTA TEAMSTERS
PUBLIC AND LAW ENFORCEMENT
EMPLOYEES’ UNION, LOCAL NO. 320
_________________________________
Kirt Briggs, Mayor Brad Cragoe, Union Steward
Dated: Dated:____________________________
_________________________________
Frank Boyles, City Manager Terry Neuberger, Business Agent
Dated: Dated: ____________________________
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APPENDIX A
Base Rate of Pay
Monthly
Year Start After
Probation
2017 6,825 7,269
2018 (3% effective 1/1/18) 7,030 7,487
2019 (3% effective 1/1/19) 7,241 7,712
2020 (3% effective 1/1/20) 7,458 7,943