Loading...
HomeMy WebLinkAbout8A1 - Labor Agreement Law Enforcement Supervisors CONSENT AGENDA: PREPARED BY: SUBJECT: DATE: BACKGROUND: DISCUSSION: STAFF AGENDA REPORT ~ BA(I) /\/\.\1 FRANK BOYLES, CITY MANAGER "- 1Y CONSIDER APPROVAL OF RESOLUTION 97-XX RATIFYING LABOR AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES REPRESENTING SUPERVISORS FOR 1995-1997 APRIL 21, 1997 The City's negotiating team, consisting of the City's Labor Attorney, the Assistant Manager, and the Finance Director met with the bargaining unit representing supervisory employees many times since late 1994 to negotiate the initial Labor Agreement to address wages and conditions of employment in accordance with the Public Employee Labor Relations Act (PELRA). We strived to develop an agreement which will provide an effective and ongoing "Labor Peace", and to achieve an agreement which is reasonable economically and features prudent terms. The Agreement for which Council ratification is requested meets both criteria. The City Council has periodically conducted Executive Sessions for the purpose of remaining aware of the progress of negotiations. Last Fall, the following specific objectives were identified by the Council; the corresponding results of the negotiations are shown in Bold Type. 1. WAGES · Strengthen pay level relative to Metro area to enhance recruitment and retention. This was done by determining the status of the pay for each position for 1995 and relating it to the mean of salaries for the position in comparable cities or, for positions already at the mean, adjusted by a percentage consistent with the contemporary salary 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER STAFF AGENDA REPORT -BE- CONTINUED adjustment rates. Subsequent year adjustments were negotiated and are realistic for the employment market from which the City draws its personnel. . Eliminate Longevity. This was accomplished; and represents a significant milestone in terms of pay equity compliance for the City. Only the patrol officers and sergeants have longevity pay (see agreement page 14). . Eliminate Compensatory time. This was accomplished; it was accepted by the unit that this is inappropriate for professional managers who are over-time exempt. 2. TERM . Maximize length of contract to promote labor peace and facilitate team building. Another year was considered, but was not approved by the unit; the consideration seemed to be one of experiencing this ratified agreement for awhile and allow for the reopener later this year. 3. PAY FOR PERFORMANCE . Retain to provide motivation and recognition. The agreement has a salary schedule (see agreement Appendix A) without a formal performance evaluation system tied to it (as with AFSCME). There will still be performance reviews, but this agreement does not feature a direct connection through a pay-for-performance system. However, language was negotiated which provides for establishing such a system for department heads with the details to be worked out by a committee by January 1, 1998 (see agreement Appendix B). 4. HEALTH AND DENTAL . Cap City contributions similar to other employees. This was accomplished. 5. AT WILLI JUST CAUSE . Minimize BMS involvement in Grievances and arbitration. This was accomplished 421978Al.DOC STAFF AGENDA REPORT -8E. CONTINUED and is addressed particularly in Article VIII (see agreement pages 8-10). 6. MULTIPLE AGREEMENTS . Eliminate. This was accomplished during the period of negotiations; special agreements with certain employees were terminated or will terminate with the ratification of this agreement. 7. CONCLUDE NEGOTIATIONS EXPEDITIOUSLY. The process was lengthy-about two and one-half years from when the unit was formed. The process was perhaps expedited when the members of the unit designated an established labor union to represent them. The Unit representing eleven Employees was formed in 1994. Initially, the unit was an association which represented itself at negotiations; last year, the unit became affiliated with the Minnesota Teamsters. The contract before the City Council represents the first between the City and the supervisors (all department heads except myself and the Finance Director, and all supervisory personnel except the Assistant City Manager, the Executive Secretary, and the Accountant. The contract, which has been ratified by the bargaining unit, is attached. The essential provisions are shown below: ITEM 1995 1996 1997 Wages (top pay w/o SEE SEE SEE long.) APPENDIX A APPENDIX A APPENDIX A Health Insurance/mo. $380.00 $395.00 $405.00 Dental Insurance/ mo. $ 40.00 $ 40.00 $ 40.00 Life Insurance/mo. $ 9.90 $ 9.90 $ 9.90 Attached for Council Information is a copy of the required state Uniform Settlement Form. The "package" cost of the new agreement when compared to the baseline of each previous year is 2.94% in 1995, 4.07% in 1996 and 3.19% in 1997. The statistical report is somewhat complicated this time because of the 421978Al.DOC ISSUES: ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: attachments. 421978Al.DOC STAFF AGENDA REPORT -BE- CONTINUED personnel changes in several positions due to death, resignations, and retirement. Labor Agreements typically do not provide complete satisfaction to either party; however, they do represent an equitable conclusion of bargaining between the two respective groups. This resolves long-standing labor negotiations to allow us the opportunity to focus upon the issues at hand, which are considerable in our growing Community. 1) Approve Resolutions 97 -XX ratifying the Labor Agreement as ratified by the bargaining unit and as submitted by staff. 2) Defer action subject to receipt of additional information. Alternative No.1. Motion and second to adopt Resolution 97-XX ratifying Labor Agreement with the Teamsters Supervisory Bargaining Unit. RESOLUTION 97-XX ~INNESO't~ ESOLUTION RATIFYING 1995-1997 LABOR AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES REPRESENTING SUPERVISORS. 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 Minnesota Teamsters Public and Law Enforcement Employees represents Prior Lake supervisory personnel; and Negotiations have taken place which have resulted in a Labor Agreement for 1995-1997; and, The employees who make up the Teamsters supervisory 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 Minnesota Teamsters Public and Law Enforcement Employees, January 1, 1995 through December 31, 1997 and; BE IT FURTHER RESOLVED, the Mayor and City Manager are hereby authorized to execute the above referenced labor agreement. Passed and adopted this 21st day of April, 1997. Andren Greenfield Kedrowski Mader Schenck seal YES NO Andren Greenfield Kedrowski Mader Schenck City Manager City of Prior Lake 16200 E$~~Ml4DO$;E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER TEAMS...ERS MANAGEMENT - Labor Coalract I -- r-----~---- -~ ~ _n___________ _.._----~ =--=~-i-~-==---=-- -~._---------- I ---- -~-- I ---.- -----.-- ~-_.- - ----..- ---~---~--- -- --- I ----- f------ iJlrifo;m Settlemenl Fcnn Data Firsl Y.... of Contract Secood Year of ConlraCl Third Year of ConIraCI -- Date - UI3I1!l4 Oal..: III -U1311!l5 -~f-~~.---~------- ------ ------ ~ 1/1-1~~!1!l6 --T::-=~ 1/1-11I311!l7 I ---. n ---------- ------- New S by Wase Schedule -- ~ f----~ --.. --- ..--.---.------ ------ New S by Wase Schedule -------~_._._.__...- -~ New S by Wase Schedule: n_ -------- ---.--"----.-.-- ----- -- ------------ _n__...._____ ---- ---- ----- -_.~------~- -=--;--------- ----- Blse Year ~ Improvemenl ~--1B~ 2nd Base Year ImprOvcmcnt-- --20~I69 3rd Bast Year Improvemenl 17,358 ~BueYear ____ ---------------.-"- - Base Wases ~ 486,218 Movement ~- ~~~~~-~=-=----=---- --502.311 Movemen~--- --------- Base Was..-~-- 522,546 Movemenl Base Wases 539,904 Base SocliiSecuritY CoalribUtioo -- 0~0765 28,660~ 69r --29,3sl ~---------- -------- Base SociarSecunty Coolribution - 30,495 l,oi8 Base Social Security CoolribUlioo - 31.m Base Social Security Contribution 1,143 Base PERA Conlributioa (COORD) -- 0.0448 -'6.784 ---- -4(jS Base PERA ConlribUui>n (CooRDj ~ ---'7,189- ----~----- --~O Base PERA Conlnoulion (COORD) 17,S5S __596 Base PERA Coatribulioo (COORD) --.-s,4SS Base PERA Contribulioo (POLICE) ~--0Ti40 --4,998 ~--~-- ----n9 Base PERA ConlribuliOriWOLICE) - uS:m -------- .'on_._ __ mn 234 Base PERAContribulion (POLICE) - 5,552 -~- 181 ~PERA Coatribulioa (POLICE) 5;733 Base Medical Insurance ~~- 39,619 -~T C=------------------~ - -39.624 _._----~------ --'--- i,ilr Base Medical Insurance -- -4i;4Sf ----- 960 Base Medical Insurance - 42:41S Base Medical Insurance -- n__ __________~~_ --- ----.- ~------- ----(840) Base Ocnl3-llnsu..ance" ---.--. -3,960 _n__ ~ - ---290 Base Dental Insurance ---- "4:25. ~~-- -- Base Denial Insurance -4:25. Base Dental Insurance 4.800 Base LIre insurance ------- --------- ____n_.._.. -.,029 -- _._--- .-.- .-- .----- -- njf<i Base lire"insurance jj'i9 -- u -- -- 48 Base Life Insurance -- ----~._- -.;427 --.J~9) Base Life Insurance .;18s Bas"! ~(jiher F~orl:-_on1~lioo. -----.-- nn ____ -~.~-----~ -----._- ~ :O~~.FOl1I1S ofcOm~.liOO ~ - - .-.- - ~- ~~:~~F~~f~~~~~ ---~----~ Bi'!~Qlher Fonns or~~~~~ - _____u_.,.__ ---- -'----'-----'-' -,-------- .. '.- . '_n ----~.--_.- __..._____n_____ ----- - _n__ --------- ---------..- -.---....-.,--.. :m,li)9 ToiaJsCiWige ~. u ---- .--- ~ - 599,199 _.-- - -- -- .._- . __u -_.._~-- ._---~------_.- 623:584 TotOlS Change- --19,875 ~~---~---, ---~-- -+-~----- -- ---- Base Year Total BaseUDe 17,090 Tolal S Chanse 24,385 ----- 643,459 --_.._~--~~---- -- % Chanse rrom - --- ----~------ -- - ~- ---- % Change from .~ --- ---- --. -----.---------..----- - .Ie Chanse from T 0111 S First Year SelUemeal Baseline 2.94% Tolll S Second Year Selllemen. Baseline 4,O7~. T 0111 S Third Year Settlemenl Baseline 3.19% - ---------~----, --. ._~_.~ ~--- ------ ------ ---.----.- ---.----- ----- ~ 599.~ _____~~~___ __~_.__m__ ____ .---- -- ------- -- _on 623384 ---~-~---~--------~--- ------...- ~----- 643;459 ----- ------------ -------~- ~--~- ---- ~- ---- .--.--- ,~---- ---- --- ----~----~- ----- ~- --- ------ -----.-- _._._---------.-----~ -- --,._~-----_._- --~-~ -------~- ---- ----- ---- -- -- -~~~--------- ------- _m___..__. --..-- --- - u ~ --- ----~---------- ---- -- .---- ..----- _._~_._--._------_. -------- ------- --~------- ----------- - .- -- - - ~.. - - ._~-~--- --.~-----._~-- - -- ~-------~------- ------ _.._-~~--,--------- ------~ ----- ~-- - -----------~--~-~ ----- ----- --------- ----- - --~----_.---~--- .. -- -- - -- - - -- ------~ - -----~~----~---- ----- --------- --- -------._------------ _.- .--- -------- --- ~--------_.__._-- ------- ---1996 l'Oi3i Me>Prem -~---~---- .---- Heallh Insunnce ~ ~ J.m..IllIII Mo Pr~ __ ____~___ _ _ ~5 "!~ ~ ~ ---- ----- SinSIe('94) ------ 130.80 2 3.139 131 02 3.144 .. -i4731- ------3,535 ----1473.- 3,535 Family ('94)- 380.00 -. 36,480 380.00 -~------~36.480 -- 395:00 -------r;.920 --40500 3S,880 ~- Grand Total ---- --~ -- .- ----------- 39.624 ----~ -~-~--~41.45~_ -~--_. 42.415 - -----. Dent.i Insurance --- -----~-~--- --~ ---- ~------ ------~~- -- -- ----- ~~---------- --- ------- ---- ~---- Sinsle('94)--- - 40.00 --r 960 15_70 --~--------J-n ---.flr 411 --IT 12 ------~------.H- Family ('94) 40.00 _! __ 3.840 37_33 3.584 40.00 3,840 -~OO 3.840 Gi-andTotaI - .--.nn -------- ~~filI ---~ --~ru -- .... -- - -- --- Life Insurance --.-- ------ -- ~ smile ('94) 650 2 156 -\0.45 251 ~-~~ 260 9.90 238 Family-i'94l -- 9.09 8 873 11.75 1.128 12.15 -----.,166 -9_90 950 . Gi-an.i TotaI- ------ ~- ---- -,-OiQ -- - ------------ -------:m -.-.-.----- -----~~n. .-------- ----~-__.:iiI -- --f---- ~ ....' 11:.""'1"1 Ratification Copy COLLECTIVE BARGAINING AGREEMENT between CITY OF PRIOR LAKE, MINNESOTA and MINNESOTA TEAMSTERS AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 REPRESENTING: SUPERVISORY UNIT ,January 1, 1995 to December 31, 1997 (Retroactive for only Salary) Ratification Copy TABLE OF CONTENTS A TICLE I - PURPOSE OF AGREErvIENT ................................... 1 A TICLE II - RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I ARTICLE III - DEFINITIONS ...................... . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE IV - EMPLOYER AUTHORITY .................................. 3 ARTICLE V - UNION SECURITY ......................................... 4 ARTICLE VI - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ............. 4 DEFINITION OF A GRIEVANCE .................................... 4 UNION REPRESENTATIVE ........................................ 5 PROCESSING OF A GRIEVANCE ................................... 5 PROCEDURE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 ARBITRATOR AUTHORITY ........................................6 WAIVER........................................................ 7 VII - SAVINGS CLAUSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 VIII - DISCIPLINE OF NON-PROBATIONARY EMPLOYEES. . . . . . . . . . . . . . . . . . 8 ARTICLE IX- PROBATIONARY PERIOD................................. 10 ARITICLE X - VACATION LEAVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE XI - HOLIDAYS .............................................. 11 ARTICLE XII -LEAVE FOR DEATH IN THE FAMILY ......................12 . ARTICLE XIII - SICK LEAVE AND SEVERANCE PAY. . . . . . . . . . . . . . . . . . . . . . 12 ARTICLE XIV - INSURANCE ........................................... 13 ARTICLE XV -LONGEVITYPAY .......................................14 Ratification Copy ARTICLE XVI - SALARIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14 SALARIES. ... ................................... ............. .. 14 PERFORMANCE PAY FOR DEPARTMENT HEADS ONLY. . . . . . . . . . . . . 14 ARTICLE XVII - VEHICLE ALLOWANCE AND MILEAGE REHvfBURSEl\1ENT . 14 ARTICLE XVIII- INJURY ON DUTY ..................................... 15 ARTICLE XIX - HOURS OF SERVICE .................................... 16 PROFESSIONAL DUTIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16 ARTICLE XX - DURATION. . . . . . . " . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 APPENDIX A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18 APPENDIX B - PAY FOR DEPARTMENT HEADS ONLY. . . . . . . . . . . . . . . . . . . . . .19 APPENDIX C - INSURANCE CONllvIITTEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 APPENDIX D - VEHICLE ALLOWANCE AND MILEAGE REIMBURSEl\1ENT CHART. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 l\1EMORANDUM OF UNDERSTANDING 11 Ratification Copy ARTICLE I - PURPOSE OF AGREErvlENT This Agreement is entered into 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 Agreement's 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 for all employees in a unit certified in Case No. 95-PCE-154 by the State of Minnesota Bureau of Mediation Services. Since that certification, the City has changed certain job titles. The unit is now described as follows: All supervisory employees of the City of Prior Lake, Minnesota, in the positions of: Public Works Director, Assistant Engineer, Public Works Supervisor, Planning Director, Planning Coordinator, Park and Recreation Director, Recreation Supervisor, Parks Supervisor, Building Official, Police Chief, and Police Lieutenant, who are public employees within the meaning of Minn. Stat 179A.03, subd, 14, excluding confidential and all other employees. 2.2 In the event the EMPLOYER and the Union are unable to agree as to the inclusion of a new or modified job class, the issue shall be submitted to the State of Minnesota Bureau of Mediation Services for determination. I Ratification Copy ARTICLE III - DEFINITIONS 3.1 UNION: 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 bargaining unit as defined in Section 2.1. 3.4 EMPLOYER: The City of Prior Lake. The Employer may designate the City Manager or other designee to carry out the provisions of this Agreement on behalf of the City. 3.5 PROBATIONARY EMPLOYEE: An employee who has not completed the required probationary period of one (I) full year of continuous service to the EMPLOYER in a bargaining unit position for which the employee was hired or into which the employee was promoted. 3.6 UNION OFFICER: Officer elected or appointed by the Union. 3.7 CITY MANAGER: The head of the administrative branch of the city government pursuant to Minnesota Statutes. 3.8 DAYS: The term "day" or "days" means calendar days which shall be counted for purposes of the provisions of this Agreement by excluding the day of the event, act, or default and counting the next day as the first day of the period. The last day of the period will be counted unless it is a Saturday, Sunday or holiday. In such an event, the next day that is not a Saturday, Sunday or holiday will constitute the last day of the period. 2 Ratification Copy ARTICLE IV - EMPLOYER AUTHORITY 4.1 The El\1PLOYER reserves all inherent managerial rights and policies. Employees may not file grievances over the El\1PLOYER'S exercise of inherent managerial rights or interpretation or application of laws, rules, or regulations. 4.2 The El\1PLOYER retains the full and unrestricted rights as follows: to operate and manage all employees, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to plan, control the operations and services of any and all departments; to select, direct, and determine the number of personnel; to assign, reclassify, and transfer employees; to determine whether goods or services should be made or provided by employees, purchased or contracted out for; to establish work schedules; to hire; to promote; to relieve employees consistent with the procedures set forth in this Agreement; and to establish and enforce rules and regulations consistent with the terms and conditions of employment set forth in this Agreement. 4.3 Effective after December 31, 1997, any term or condition of employment not specifically set forth in this Agreement will remain solely within the discretion of the EMPLOYER. Either during an open window period for bargaining or by mutual agreement, the Union may place on the table for negotiation a proposal that is a term and condition of employment. Nothing in this Agreement shall be construed to affect the EMPLOYER'S management rights regarding any employee who is not a unit member under this Agreement. 4.4 Nothing in this Agreement shall prohibit or restrict the right of the EMPLOYER to subcontract work normally done by employees covered by this Agreement. The EMPLOYER shall give sixty (60) days of notice to the Union of any subcontracting that results in the loss of the duties of an employee. 3 Ratification Copy ARTICLE V - UNION SECURITY 5.1 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. 5.2 Upon receipt of written request by the Union the EMPLOYER agrees to deduct from the wages of those employees who are not members of the Union a fair share fee that shall not exceed eighty-five percent (85%) of the regular monthly dues and shall forward such monies to the Union. This provision shall remain operative only as long as it is specifically provided by law and is otherwise legal. In the event that a unit member disputes a fair share fee assessment, the Union shall hold the EMPLOYER harmless and indemnify it, including but not limited to, its actual attorney's fees in defending against the claim. 5.3 The Union may designate an employee from the bargaining unit to act as steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of steward and/or alternate. 5.4 The EMPLOYER shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). ARTICLE VI - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. A grievance must be submitted in writing to the EMPLOYER within twenty-one (21) days after either the date of the occurrence of the first event given rise to the grievance or the date the grievant knew or should have known of the occurrence of the first event giving rise to the grievance. Allegations shall not be considered to be renewed with each pay period. 4 Ratification Copy 6.2 UNION REPRESENTATIVE The EMPLOYER will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the EMPLOYER in writing of the names of such Union representatives and of their successors when so designated as provided by Article 5.3 of this Agreement. 6.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the Union and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and an Union representative shall be allowed a reasonable amount of time without loss of 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 prior approval of the EMPLOYER who has determined that such absence is reasonable and would not be detrimental to their work for the EMPLOYER. 6.4 PROCEDURE Grievances, as defined by Section 6.1 shall be resolved in conformance with the following procedure: STEP I 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 griev~ce to the employee's supervisor as designated by the EMPLOYER. The EMPLOYER- designated representative will discuss and give an answer in writing to such Step 1 grievance within ten (10) days after receipt. A grievance not resolved in Step I and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy 5 Ratification Copy 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. In the case of department heads, the appeal from Step I shall be directly to Step 3. 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) 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 A grievance unresolved in Step 2 and appealed to Step 3 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The Union shall notify the EMPLOYER of its intentions to arbitrate the grievance within ten (10) days following the EMPLOYER-designated representative's final Step 2 answer. If the parties are unable to agree on the selection of an arbitrator, the Union shall request a list of arbitrators to be submitted to the parties by the Bureau of Mediation Services. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. 6.5 ARBITRATOR'S AUTHORITY , A. The arbitrator shall have no right to amend, modify, nullitY, 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 6 Ratification Copy 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 be later, unless the parties agree to an extension. The decision shall be binding on both the E!v1PLOYER 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. 6.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the E!v1PLOYER 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 e~ended by mutual written agreement of the ElV1PLOYER and the Union in each step. 7 Ratification Copy ARTICLE VII - SAVINGS CLAUSE This Agreement is subject to law. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE VIII - DISCIPLINE OF NON-PROBATIONARY EMPLOYEES 8.1 The EMPLOYER will discipline non-probationary employees for just cause. 8.2 When the EMPLOYER determines that immediate action is required, the employee may be suspended with pay pending the completion of an investigation. 8.3 Notice to employees of suspensions, reprimands, demotions, and discharges will be in written form. The Union shall be provided with a copy of such notices. 8.4 Employees may examine their own individual personnel files at reasonable times subject to monitoring by the EMPLOYER. 8. 5 An employee has the right to request Union representation for any disciplinary action by the EMPLOYER. 8.6 Any form of discipline short of discharge will be subject to the grievance procedure in Article VI of this Agreement. Discharges will be subject to this Section 8.6 notwithstanding any other provision of this Agreement to the contrary. 8.6.1 If the EMPLOYER delivers a written notice of discharge to an employee, then the employee shall have ten (10) days to file a 8 Ratification Copy written request for a hearing. Failure to timely file a written request for a hearing shall constitute acquiescence to the discharge. 8.6.2 The hearing shall be conducted by a three-person panel. The Union shall appoint one person, the EMPLOYER shall appoint one person, and these two individuals shall select a third person by striking names from the permanent panel of arbitrators selected by the parties through a process of each submitting a list of seven (7) arbitrators' names with an odd number greater than one of the same names appearing on each list becoming the permanent panel. 8.6.3 At the hearing, the EMPLOYER has the burden of producing substantial evidence tending to establish by a preponderance of the evidence that the discharge should be sustained because: 1. The conduct was serious enough to merit immediate discharge or the employee was adequately warned of the consequences of the misconduct; ll. The alleged violation is reasonably related to the efficient and safe and legal operation of the City; lll. The EMPLOYER conducted a reasonable investigation; IV. Discharge is reasonably related to the seriousness of the offense. 8.6.4. The hearing panel has the power only to reinstate the employee or to sustain the discharge. 8.6.5 The parties shall share equally the costs of the hearing panel and any other costs of the hearing. 8.6.6. The decision of the hearing panel shall be final and binding, subject only to the provisions of the Uniform Arbitration Act. 9 Ratification Copy ARTICLE IX - PROBATIONARY PERIOD 9.1 Each newly hired or promoted employee shall serve a probationary period which shall extend from the date of employment through one (1) full year of employment with the EMPLOYER. The employee shall become a non- probationary employee upon the commencement of services on the first day of the second consecutive year of employment with the EMPLOYER. 9.2 A promoted employee who does not complete the probationary period will be reinstated in the position from which they were promoted. The returned employee shall displace any replacement who then will be dismissed without cause and without any rights to challenge the dismissal. 9.3. A newly hired probationary employee may be discharged by the EMPLOYER for any reason. The discharged employee shall not have access to either the grievance procedure at Article VI or the discharge procedure in Article VIII of this Agreement. The EMPLOYER shall provide written notice of discharge and the effective date thereof to the employee and the Union. 9.4. A probationary employee may utilize the grievance procedure in Article VI regarding any grievance as defined in Section 6.1 except for a discharge or a return to a prior position from which the probationary employee has been promoted. ARTICLE X - VACATION LEAVE 10.1 Each employee shall accrue paid vacation on a monthly basis as per the following schedule: Start until three (3) full years of service - eighty (80) hours per year Start of the fourth (4) through the ninth (9) year - one hundred twenty (120) hours per year Start of the tenth (10) through the fourteenth (14) year - one hundred sixty (160) hours per year 10 Ratification Copy Start of the fifteenth (15) year - one hundred sixty-eight (168) hours per year Start of the sixteenth (16) year - one hundred seventy-six (176) hours per year Start of the seventeenth (17) year - one hundred eighty-four (184) hours per year Start of the eighteenth (18) year - one hundred ninety-two (192) hours per year Start of the nineteenth (19) year and thereafter - two hundred hours per year 10.2 Vacation may be used as accrued with the prior written approval of the El'APLO YER -designated representative. 10.3 Employees who have completed their probationary period shall be allowed to carry over from one calendar year to the next two (2) times their accrued vacation at the rate of accrual specified in 10.1. 10.4 An employee who has completed a minimum of one (1) year of continuous service and who provides the EMPLOYER with a minimum of two (2) weeks of advance notice prior to leaving the City's employment shall be compensated for vacation accrued and not used at the time of separation. 10.5 In exigent circumstances, the needs of the service may be such that an employee will be unable to utilize a vacation allowance in that year. Any unused vacation time may be carried over to the following year. ARTICLE XI - HOLIDA YS 11.1 The E~LOYER shall designate thirteen (13) paid holidays of eight (8) hours at the beginning of each year. The needs of the service may require an employee to work on a day that is considered a paid holiday. If an employee works on a designated holiday, the employee would receive a 11 T' --- ~~ Ratification Copy "floating holiday" for the holiday worked. This floating holiday can be used at the employee's discretion, unless exigent circumstances exist, and cannot be carried over to the following year without the approval of the City Manager. ARTICLE XII - LEAVE FOR DEATH IN THE F AMIL Y The EMPLOYER authorizes each employee paid funeral leave of up to three (3) days per event should any member of his /her immediate family pass away. Requests for funeral leave shall be in writing. Funeral leave shall not be deducted from accumulated leave. For the purposes of this Article immediate family shall mean the parents, children, brother, sister, brother-in-law, sister-in-law, and grandparents of the employee and the employee's spouse. The EivIPLOYER may grant additional requested funeral leave if the City Manager deems it appropriate. ARTICLE XIII - SICK LEAVE AND SEVERANCE PAY 13.1 Each employee shall earn-eight (8) hours of paid sick leave for each month of service. 13.2 Each employee shall be allowed to accrue paid sick leave up to a maximum of 960 hours. Employees who have accumulated at least 480 hours of sick leave will have the option to receive one-half of such sick leave hours in excess of 480 hours at the current rate of pay. This option once exercised by an employee, shall continue until termination of employment. 13.3 The EMPLOYER may require reasonable accountability of sick leave usage. 13.4 The EMPLOYER agrees to pay upon honorable termination of any employee after five (5) years of service one-half(I/2) of the employee's accumulated unused sick leave at the employee's current base pay rate. 13.5 Employee shall document all sick leave on a leave form provided by the EMPLOYER. 12 Ratification Copy ARTICLE XIV - INSURANCE 14.1 The selection of the insurance carrier and the policy shall be made by the EMPLOYER as provided by law. 14.2 The EMPLOYER shall contribute a sum of money per month specified in the chart below for each calendar year specified, all toward the premium for individual or family coverage for each full-time employee who qualifies for and is enrolled in the EMPLOYER'S group health and hospitalization plan. Employees selecting individual coverage shall not receive a cash differential between the cost of the premium and the City's contribution toward the premium if that contribution exceeds the premium. Any additional cost of premium shall be borne by the employee and made by payroll deduction. 1995 - $380 per month 1996 - $395 per month 1997 - $405 per month 14.3 The EMPLOYER shall contribute a sum of money not to exceed Forty Dollars ($40.00) per month toward the premium for individual or family coverage for each full-time employee employed by the ENfPLOYER who qualifies and is enrolled in the EMPLOYER'S group dental plan. Employees selecting individual coverage shall not receive a cash differential between the cost of the premium and the City's contribution toward the premium if that contribution exceeds the premium. Any additional cost of premium shall be borne by the employee and made by payroll deduction. 14.4 The parties agree that the EMPLOYER'S only obligation is to purchase a health and dental insurance policy and pay such amounts as may be agreed to herein. No claim shall be made against the EMPLOYER as a result of a denial of insurance benefits by an insurance carrier. ' 14.5 An employee is eligible for EMPLOYER contribution as provided in this Article as long as the employee is employed by the City. Upon termination of employment, all EMPLOYER contributions shall cease. 13 Ratification Copy 14.6 The EMPLOYER will select and provide term life insurance in the total face amount of $40,000. The EMPLOYER will pay a sum not to exceed $9.90 per month for the foregoing coverage. In the event the premiums are increased beyond the maximum contribution provided by the EMPLOYER, such increase shall be paid by the employee through payroll deduction. ARTICLE XV - LONGEVITY PAY Longevity payments being made to eligible employees prior to the ratification of this Agreement shall be rolled into the base pay of those employees who are covered by this Agreement, and shall thereafter no longer be available to any employee. ARTICLE XVI - SALARIES 16.1 SALARIES: The individual salaries for the persons presently occupying the positions within theunit are set forth in Appendix A for the periods of time shown. 16.1.1 In the event that a current unit position becomes vacant for any reason, and the EMPLOYER chooses to fill the vacancy with a new employee, then the EMPLOYER reserves the right to negotiate the initial salary with the candidate that it selects. 16.2 PERFORMANCE PAY FOR DEPARTMENT HEADS ONLY: Department heads may be eligible for performance pay in accordance with the provisions of Appendix B attached and incorporated herein by reference. ARTICLE XVII - VEIDCLE ALLOW ANC~ AND WLEAGE REIMBURSEMENT 17.1 Employees who receive a vehicle allowance will receive mileage reimbursement for work related miles traveled outside the seven county metropolitan area at the per mile rate as established by the EMPLOYER based on the current Internal Revenue Service mileage allowance. 14 Ratification Copy 17.2 Employees who are authorized to use his/her personal vehicle in the performance of official city business shall be compensated at the per mile rate as established by the EMPLOYER based on the current Internal Revenue Service mileage allowance. 17.3 Pursuant to Minn. Stat. 9471.665, Subd. 3, in lieu of the mileage allowance provided in Sections 17.1 and 17.2 of this Agreement, the EMPLOYER may pay an employee as compensation or reimbursement for the use by the employee of a personal automobile in a performance of official duties a monthly or periodic allowance. Appendix D shows those employees who will be receiving a mileage allowance, a monthly allowance, or the use of a City vehicle as of ratification of the initial contract. The parties agree that the EMPLOYER and individual employees mutually may agree to modify the automobile allowance in accordance with law. 17.4 The EMPLOYER will conduct an automobile use study to determine if and to whom an automobile allowance will be granted after January I, 1998. ARTICLE XVIII - INJURY ON DUTY 18.1 Pursuant to Minn. Stat. Ch. 176, an employee who is injured on the job in the service of the City, and who is eligible for and who is collecting workers compensation insurance may draw from the employee's accumulated sick leave and receive full salary from the EMPLOYER. The salary will be reduced by an amount equal to the workers compensation insurance payments, and only that fraction of the hours not covered by insurance will be deducted from accrued sick leave. 18.2 Any employee that claims a leave 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 physician designated by the EMPLOYER competent to perform the same. The workers compensation reports and physicians statements are in addition to the medical reports that the EMPLOYER may require under paragraph 13.3. 18.3 In the event that Police Chief Richard Powell or Lieutenant Steve Schmidt are injured while in the performance of duties as a licensed peace officer, 15 Ratification Copy they shall receive their gross salary less any workers compensation and disability insurance benefits for not more than 960 work hours without loss in accrued leave time. They must report the amount received from workers compensation to the EMPLOYER before the payment will be made. The EMPLOYER will pay the difference between the workers compensation and the disability insurance benefits and the employee's gross salary for a period of up to 960 work hours. Any such claims are subject to an examination to be made on behalf of and paid for by the EMPLOYER by a person competent to perform the same and as designated by the EMPLOYER. All other employees will be subject to the other provisions of this Article. ARTICLE XIX - HOURS OF SERVICE 19.1 PROFESSIONAL DUTIES: The Union and EMPLOYER recogniz~ and agre~ that the employees are exempt professionals and therefore will meet the obligations and responsibilities required of their positions whenever and however necessary . 19.2 Employees will not engage in any strike while this Agreement is in effect. The term "strike" includes any concerted action, e.g., failing to report to duty, willful absence from duties, sympathy strike, the stoppage of work, a slow down, or the abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purpose of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges, or obligations of employment. The EMPLOYER may, at its election, enforce this Article through the courts or the grievance procedure. 19.3 Working out of Classification. An employee assigned by the City Manager to an interim position calling for the performance of duties of that employee's supervisor for a period oftime equal to or greater than one- quarter of a year shall be paid at a salary for that period of time which is equal to the minimum salary of the position being filled. 16 Ratification Copy ARTICLE XX-DURATION 20.1 This Agreement shall be effective from the date of signing and shall remain in full force and effect until December 31, 1997. Only the salaries shown in Section 16.1 will be retroactive to January I, 1995 for those employees who were employed by the City at that time and have remained continuously employed until the date of ratification. The same holds true for the City's insurance contributions in Section 14.2. 20.2 Effective after December 31, 1997, the terms and conditions set forth in this Agreement shall constitute the complete agreement between the parties. No past practices, administrative interpretations or any other actions or communications on behalf of either party shall be deemed to be part of this Agreement. Grievances may be filed only to resolve the dispute or disagreement involving a provision within this master contract, and shall not include any past practice. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this _ day of ,199_" FOR THE CITY OF PRIOR LAKE FOR THE UNION 17 ~-T Ratification Copy APPENDIX A - SALARIES Position 1995 1996 1997 Public Works Director Greg Ilkka NA $61,800 $63,654 Assistant Engineer NA NA NA Public Works Supervisor Doug Hartman $43,476 $45,389 $47,531 Planning Director Don Rye $54,63 I $57,035 $59,031 Planning Coordinator Jane Kansier NA $44,000 $45,320 Parks and Recreation Director Paul Hokeness $54,63 I $57,035 $59,031 Recreation Supervisor Bret Woodson $36,000 $38,900 $40,067 Parks Supervisor Al Friedges $45,133 $47,119 $48,533 Building Official Gary Staber $44,900 $47,345 $48,765 Police Chief Dick Powell $63,500 $66,294 $68,614 Police Lieutenant Steve Schmidt $55,200 $57,629 $59,358 18 Ratification Copy APPENDIX B - PAY FOR DEPARTMENT HEADS ONLY The EMPLOYER shall establish evaluation criteria for each employee. The parties shall form a committee of two members each to prepare a joint proposal for performance pay and a performance evaluation. The committee shall be named and have an initial meeting to establish a time line within ten working days after ratification of this Agreement. The joint proposal shall be prepared in a form and time line suitable for integration into the Agreement that becomes effective on January 1, 1998. 19 -- --~',- "'.". Ratification Copy APPENDIX C - INSURANCE CON1NIITTEE Insurance Committee The parties propose adding to the collective bargaining agreement a new paragraph in the Article regarding insurance language which creates an insurance committee with representatives from all of the organized bargaining units and from non-organized and management employees. This 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 committee were to be accepted by the Council, then the changes approved by the Council would be binding on all of the individuals enrolled in the City's group insurance plans. 20 Ratification Copy APPENDIX D - VEHICLE ALLOWANCE AND MILEAGE REIMBURSEl\t1ENT CHART In accordance with Section 17.3, the following chart shows the status of employees who receive a mileage reimbursement, a monthly allowance, or use of a City vehicle effective after the date of ratification of this Agreement: Milea~e Reimbursement $200 Monthly Allowance Use of City Vehicle Public Works Director Public Works Supervisor Assistant Engineer Planning Director Parks and Recreation Director Building Official Police Chief Planning Coordinator Recreation Supervisor Parks Supervisor Police Lieutenant # 25 146/sld 21 Ratification Copy MEMORANDUM OF UNDERSTANDING The Employer and Union agree that notwithstanding any other provision in the Collective Bargaining Agreement to the contrary, both the probationary period and the vacation provisions of any letter of initial employment given to a unit member hired before the date of ratification of the initial collective bargaining agreement shall supersede the provisions of the collective bargaining agreement regarding the probationary period or vacation provisions. Any employee hired after the date of ratification will be hired in accordance with any applicable provisions of the collective bargaining agreement. Any employee who has accrued vacation in excess of that permitted under Section 10.3 of the collective bargaining agreement must use the excess vacation before the close of business on December 31, 1997. Every employee must be in compliance with the provisions of Article 10 on or before January I, 1998; accumulated vacation in excess of that permitted under Article 10 will be forfeited as of January I, 1998, # 24516/rdp