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Home My WebLink About8A2 - Police Officers Labor Agreement DATE: STAFF AGENDA REPORT SA(&- FRA~YLES, CITY MANAGER CONSIDER APPROVAL OF RESOLUTION 97-XX RATIFYING LABOR AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND LAW ENFORCEMENT LABOR SERVICES, INe. LOCAL 100 REPRESENTING POLICE OFFICERS. APRIL 21, 1997 AGENDA ITEM: PREPARED BY: SUBJECT: INTRODUCTION: The city's negotiating team consisting of Labor Attorney John Roszak and Assistant City Manager Blair Tremere met with this bargaining unit representing City Police Officers in recent months to negotiate wages and insurance in accordance with the Public Employee Labor Relations Act (PELRA), and with the labor agreement approved by the City Council last year. The purpose of this agenda item is to receive City Council ratification of a agreement with the Police Officers. DISCUSSION: The City Council has periodically conducted Executive Sessions for the purpose of remaining aware of the progress of negotiations. Shown below is a summary of the proposed agreement for the Law Enforcement Labor Services, Inc. , the bargaining unit representing Prior Lake Police Officers: 1. Duration of contract: January 1, 1997 - December 31, 1999 2. Economic Terms: ITEM Wages (top pay w/o longevity) 1997 $3,711.00 1998 $3,822.00 1999 REOPEN Health Insurance/mo. $405.00 REOPEN REOPEN Dental Insurance/ mo. $ 40.00 $ 40.00 REOPEN 16200 E!1:iM8~~~<f< Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER 3) Contract Language: Page 1 Article 1 Subject Agreement date 14 21.3 Correct punctuation error 15 22.1 18 32 Adjust amount and date for Insurance Duration period 19 Appendix A Salary schedule; reopener topics (salaries, performance pay and longevity pay, health and hospitalization insurance contribution, and dental insurance contribution, and retiree health and hospitalization insurance). Restatement of duration. The agreement was +3% across the board wage increase in 1997 and 1998 each and + $10 for Health contribution in 1997. Reopeners are contemplated for 1999 wages, and 1998 and 1999 health and 1999 dental. Attached for Council information is the data required for the state's "Uniform Settlement Form" which portrays the actual cost increase associated with the agreement for the year 1997 and 1998. The actual cost for 1999 cannot be calculated until reopened negotiations are concluded for wages and insurance contributions for the subsequent years. The total package ~ofthe new LELS labor agreement when compared to the baseline for the previous year of 1996 is 6.88% in 1997, and for the 1997 base year, 6.09 % in 1998. ISSUES: Labor Agreements typically do not provide complete satisfaction to either party. Such is the case with the Labor Agreement recommended to the Council. Agreements do, however, represent an equitable conclusion of bargaining between two groups. This Labor Agreement does provide the opportunity for the City and bargaining unit to discuss performance pay and longevity pay, with the possibility of realizing the former and phasing out the latter by 421978A2.DOC ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: 421978A2.DOC folding it into the base pay. The topic of retiree insurance is identified as a discussion item. These topics would not be subject to arbitration. 1. Approve Resolution 97-XX Ratifying the attached Labor Agreement. 2. Defer action on the Labor Agreement subject to receipt of additional information. Alternative #1, provided we have received the ratification copies signed by the union and the unit's president/steward. We have endeavored to expedite the ratification process by copying the unsigned agreement. If the signed agreement has not been received by the Council meeting, the recommendation is to defer the ratification. Motion and second to approve Resolution 97-XX Ratifying a three year Labor Agreement. RESOLUTION 97-XX ~INNESO't~ ESOLUTION RATIFYING 1997-1999 LABOR AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL 100 REPRESENTING POLICE OFFICERS. MOTION BY: WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, SECOND BY: The Public Employee Labor Relations Act as amended requires that the City negotiate with the exclusive bargaining representative for groups of essential and non-essential employees and The Law Enforcement Labor Services, Inc. Local 100 represents Prior Lake Police Officers; and Negotiations have taken place which have resulted in a Labor Agreement for 1997-1999; and, The employees who make up the Police Officers bargaining unit have ratified said bargaining agreement; and The agreement becomes effective when the Council provides its final approval NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that it hereby ratifies the Labor Agreement between the City of Prior Lake and Law Enforcement Labor Services, Inc. Local 100 for January 1, 1997 through December 31, 1999, 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 Bijl&n~~E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER LELS - Labor Contract I I Uniform Settlement Form Data First Year ofConlract Second Year of Contract Date 12/31/96 Oates:1I1 -12/31/97 Oates:1I1 - 12/31/98 New $ by Wage Scbedule New $ by Wage Schedule Base Year ~ Improvement 15,323 2nd Base Year Improvement 16,732 3rd Base Year Base Wages 525,90 I Movement 21,615 Base Wages 562,839 Movement 21,354 Base Wages 600,925 Base Social Security Conlribution 0.0145 6,259 495 Base Social Security Conlribulion 6,753 510 Base Social Security Contribution 7,264 Base PERA Conlribution 0.1140 59,953 4,211 Base PERA Contribution 64,164 4,342 Base PERA Conlribution 68,505 Base Medical Insurance 41,584 720 Base Medical Insurance 42,304 Base Medical Insurance 42,304 Base Dental Insurance 4,593 - Base Dental Insurance 4,593 - Base Dental Insurance 4,593 Base Life Insurance 1,466 (8) Base Life Insurance 1,458 - Base Life Insurance 1,458 Base L TD Insurance 1,696 - Base LTD Insurance 1,696 - Base L TD Insurance 1,696 Base - Other Forms of Compensation 31774 3944 Base - Other Forms of Compensatio 35717 893 Base - Other Forms ofCompensatio 36610 Base Year Total Baseline 673,225 Total $ Change 46.299 719,524 Total $ Change 43.831 763,355 % Change from .m - .-.-- .~- % Change from - Total $ First Year Settlement -- Baseline 6.88% Total $ Second Year Settlement lJascline ---.._-_.~ f------. 6.09% ---71'9;524 ---'. --------_.._~------,.- .. .-...-- -------~- --.. ._~-~---- - 763,355 -- ~-~ ----~---_._-----,--,- .. . -- -.----- ---'-'--- - --.-- ---- Health Insurance M2.fum. fumL.1I 122il2liI M2.fum. !.22I..I2liI ---- --- ~ \998 Total Single ('96) \56.48 7 \3,144 156.48 13,144 156.48 13,\44 Family ('96) 395.00 6 28,440 405.00 29,160 ----- ------_.- -- 405.00 29,160 Grand Total 41 "lid ~--4i:304 --- -.-...- 413lW Dental Insurance Single ('96) 17.\2 6 1,233 17.\2 1,233 17.12 1,233 Family {'96} 40.00 7 3,360 40.00 3,360 40.00 3,360 Grand Total 4"93 4593 4.593 Life Insurance Single ('96) 8.70 6 626 8.70 626 .. 8.70 626 Family ('96) 10.00 7 840 9.90 832 9.90 832 Grand Total 1.466 14"8 14'" L TO Insurance Composite premiwn ('96) 10.87 13 \,696 10.87 1,696 10.87 1.696 Grand Total 1.696 1696 160(; Other Forms of Compensation 31,774 35,717 36,610 1213\/96 Holiday Pay: Hourly Wage 1213 I/9? Hourly Wage - 12131/98 Hourly Wage Hanson, Todd 13.77 \8.87 20.52 O'Hehir, Maureen 13.77 18.87 -- 20.52 Stanger, John \6.10 ~-~ . .- 18.87 --.----.- .. ----~--- - 20.52 Erickson, Wade 16.10 18:87 f---u------ . --- 1-------_.. 20.52 Slrauss, M 19.52 21.41 21.84 Tabone, M 20.79 -~ f------- --~-- -. 22.05 22.49 Kahlert, T 21.4\ 22.05 22.49 Goldanuner, D (inc. 5% liaison) 22.48 23.\5 24.07 Richards, R 21.41 22.05 22.93 McHaney, J 21.41 22.05 22.93 Olson. C {inc. 6% ed. inc. & 5% detect.} 24.23 24.95 -- t-- 25.45 Rabenort, L 22.66 23.34 23.80 Leff,D 2266 23.34 23.80 Average Hourly Rate \9.72 22.71 23.31 HoIidav Pay 24,606 28,342 29,092 13 @ 96 hrs. Educational Incentive 2,594 2,672 2,725 Olson @ 6% Detective Comoensation 2,162 2,227 2,271 Olson @ 5% Liaison Comoensation 2,162 2,227 2,27\ Goldammer @ 5% Senior Qfficer Comoensa/ion 250 250 250 500 hrs. @ .501hr. Total Other Compensation 3\,774 35,717 36,610 1o:1I97...b Pa.11 1:)JPM"116i97 LABOR AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL 100 Effective January 1, 1997 through December 31, 1999 TABLE OF CONTENTS ARTICLE 1: PURPOSE OF AGREEMENT .................................. I ARTICLE 2: RECOGNITION ............................................. 1 ARTICLE 3: DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE 4: EMPLOYER SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 5: EMPLOYER AUTHORITY .............. . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE 6: UNION SECURITY .......................................... 2 ARTICLE 7: EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ............... 3 7.1 Definition of a Grievance ...................................... 3 7.2 Union Representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7.3 ............................................ ......... ......3 7.4 Processing of a Grievance .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7.5 Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7.6 Arbitrator's Authority ......................................... 5 7.7 Waiver. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7.8 Choice of Remedy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 8: SAVINGS CLAUSE .......................................... 6 ARTICLE 9: SENIORITY ................................................ 6 ARTICLE 10: DISCIPLINE ............................................... 7 ARTICLE 11: CONSTITUTIONAL PROTECTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 12: OVERTIME. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 13: COURT TIME. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE 14: CALL BACK TIME ........................................ 10 ARTICLE 15: WORKING OUT OF CLASSIFICATION....................... 10 11 ARTICLE 16: CLOTHING ALLOWANCE.................................. 10 ARTICLE 17: HOLIDAyS............................................... 11 ARTICLE 18: SALARIES ............................................... 11 ARTICLE 19: LONGEVITY PAY PLAN ................................... 11 ARTICLE 20: VACATION LEAVE ........................................12 ARTICLE 21: SICK LEAVE AND SEVERANCE PAY ........................13 ARTICLE 22: HEALTH AND WELFARE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ARTICLE 23: EDUCATION INCENTIVE PAY PLAN ........................15 ARTICLE 24: FUNERAL LEAVE......................................... 16 ARTICLE 25: STANDBY PAY. . . . . . .. . . .. . .., . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICLE 26: LEGAL PROTECTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICLE 27: P.O.S.T. TRAINING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ARTICLE 28: MAINTENANCE OF BENEFITS ............................. 17 ARTICLE 29: ACCUMULATED SICK LEAVE AND CASH ...................17 ARTICLE 30: VACATION COVERAGE................................... 17 ARTICLE 31: JURY DUTY ..............................................17 ARTICLE 32: DURATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 APPENDIX A: SALARIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 APPENDIXB: REIMBURSEMENT FOR BARGAINING UNIT NEGOTIATING TIME ...............................................21 111 APPENDIX C: LABOR MANAGEMENT COMMITTEE. . . . . . . . . . . . . . . . . . . . . . 22 IV ARTICLE 1: PURPOSE OF AGREEMENT This AGREEMENT is entered into as of January 1, 1997, between the City of Prior Lake, hereinafter called the Employer, and Law Enforcement Labor Services, Inc., hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning the interpretation of this Agreement and/or its application; and 1.2 Place in written form the parties agreement upon terms and conditions of employment for the duration of this Agreement; and 1.3 The Employer and the Union through this Agreement shall continue their dedication to the highest quality police service and protection to the residents of the City of Prior Lake. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE 2: RECOGNITION The Employer recognizes the Union as the exclusive representative, under Minnesota Statues, Section 179A.03, for all Employees of the Prior Lake Police Department who are employed more than fourteen (14) hours per week, and more than one hundred (l00) work days per year, excluding the Chief, supervisory, and confidential employees. In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3: DEFINITIONS 3.1 Union: Law Enforcement Labor Services, Inc. Local No. 100. 3.2 Union Member: A member of Law Enforcement Labor Services, Inc. Local 100. 3.3 Employee: A member of the exclusively recognized bargaining unit. 3.4 Department: The Prior Lake Police Department. 3.5 Employer: The City of Prior Lake. 1 3.6 Union Officer: Officer elected or appointed by Law Enforcement Labor Services, Inc., Local No. 100. 3.7 Overtime: Work performed at the express authorization of the Employer in excess of the Employee's scheduled shift. 3.8 Scheduled Shift: A consecutive hour scheduled work period including two rest breaks and a lunch break. 3.9 Probationary Employee: An employee with less than one year of continuous servIce. ARTICLE 4: EMPLOYER SECURITY The Union agrees that during the life of this Agreement it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with the normal functions of the Employer. ARTICLE 5: EMPLOYER AUTHORITY 5.1 The Employer retains the sole right to operate and manage all manpower, facilities and equipment in accordance with applicable laws and regulations of appropriate authorities. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish or eliminate. ARTICLE 6: UNION SECURITY 6.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. 2 6.3 The Employer shall make space available on the employee bulletin board for the posting of Union notice(s) and announcement(s). 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 7: EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 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. 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 6.2 of this Agreement. 7.4 Processing of a Grievance: It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal 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. 7.5 Procedure: Grievances, as defined in Section 7. I, 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) calendar 3 Step 2: Step 3: Step 4: days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer designated representative will discuss and give an answer to such Step I grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions or the Agreement allegedly violated, the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer designated representatives final answer in Step I. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. 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) calendar 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) calendar days shall be considered waived. 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 within ten (10) calendar days following the Employer designated representatives final answer. If Step 4 is not appealed by the Union within ten (10) calendar days it shall be considered waived. 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 4 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 oflaw. 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 of application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrators services and proceedings shall be borne equally by the Employer and the Union provided that 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, provided it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.7 Waiver: If a grievance is not presented 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 ofthe Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that Step and immediately appeal the grievance to the next Step. The time limit in each Step may be extended by mutual written agreement of the Employer and the Union in each Step. 7.8 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, 5 demotion, or discharge of an Employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article 7 or a procedure such as Civil Service, Veteran's Preference, or the Fair Employment Act. If appealed to any procedure other than Step 4 of Article 7 the grievance is not subject to the arbitration procedure as provided in Step 4 of Article 7. The aggrieved employee shall indicate in 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 8: 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 provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be re-negotiated at the written request of either party. ARTICLE 9: SENIORITY 9.1 An employee under the provisions of this Agreement shall serve a probationary period of twelve (12) months of continuous service in the police department during which time the EMPLOYER shall have the unqualified right to discharge such employee who shall have no recourse to the grievance procedure. The probationary employee, however, shall have the right to bring a grievance on any other provision of the contract alleged to have been violated. In addition to the initial probationary period, any employee transferred or promoted to a different classification shall serve a new probationary period of twelve (12) calendar months in any such new classification. During this probationary period, if the EMPLOYER determines that the employee's performance in the new classification is unsatisfactory, then the EMPLOYER shall have the unqualified right to reassign the employee to the former classification. 9.2 Seniority shall be determined by the Employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority roster may be maintained by the Chief on the basis of time in grade and time within specific classifications. 6 9.3 A reduction of the work force shall be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An Employee on layoff shall have an opportunity to return to work within two (2) years of the time of his layoff before any new employee is hired. Any Employee on layoff who is notified by registered mail to return to work and fails to do so within twelve (12) working days shall be considered to have voluntarily terminated employment with the Employer. 9 A One continuous vacation period shall be selected on the basis of seniority until March 15 of each calendar year. 9.5 Seniority shall prevail. Senior qualified Employees shall have the first preference on the job. Senior Employees will be given preference in regards to transfer, job classification assignments and promotions when job relevant qualifications of Employees are equal. ARTICLE 10: DISCIPLINE 10.1 The Employer will discipline employees for just cause only. Discipline will be in one of the following forms: a) oral reprimand b) written reprimand c) suspenSIOn d) demotion e) discharge 10.2 Suspensions, demotions, and discharges will be in written form. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an Employee's personnel file shall be read and acknowledged by signature of the Employee. Employees and the Union shall receive a copy of such reprimands and/or notices. lOA Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Discharges shall be preceded by a five (5) day suspension without pay. 7 10.6 Employees shall not be questioned concerning an investigation of disciplinary action unless the Employee has been given an opportunity to have a Union representative present at such questioning. 10.7 The Employer will not discipline an Employee if civilians or other Employees are present, other than the Union steward, the Employee's designated Union representative or supervisory personnel. This shall not be deemed to apply to the issuance of work instructions or discussions held during departmental meetings. 10.8 Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance procedure under Article 7. ARTICLE 11: CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and the Minnesota State Constitutions. ARTICLE 12: OVERTIME 12.1 Employees shall be compensated at one and one-half (1 1/2) times the Employee's regular base pay rate for all hours worked in excess of the Employee's regularly scheduled shift. Changes of shift do not qualify an Employee for overtime under this Article. 12.2 Overtime assignments: 12.2.1 The EMPLOYER retains its full authority to determine if duties will be completed by overtime assignment and the nature of such assignments. 12.2.2 Overtime will be distributed on a volunteer basis to the most senior officer available. If the EMPLOYER determines to fill the shift, then it shall be filled to determine the availability of the most senior officer according to the following procedure. An offer of an overtime assignment will be made in sequential order from the most senior to the least senior qualified individual. For' purposes of this section, the word "qualified" means an employee who has successfully completed the Field Training Officer program. If no one wants to work it, the overtime shall be assigned to the junior qualified employee. This provision shall not apply if the employee has not had at least twelve (12) hours off duty. 8 12.2.3 Individuals contacted for overtime duties shall respond to the contact immediately, and in no event later than ten (10) minutes after the contact is made. Failure to respond will be considered a rejection. In the event of unforeseeable circumstances or exigent circumstances which reasonably require an employee to immediately respond, then the EMPLOYER may assign duties to an employee without regard to section 12.2. 12.3 Overtime refused by Employees will for record purposes under Article 12.2, be considered as unpaid overtime worked. 12.4 Overtime will be calculated to the nearest fifteen (15) minutes. 12.5 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 12.6 The Employer shall provide a minimum of twelve (12) hours off between scheduled shifts. If an Employee is required to work with less than twelve (12) hours off between shifts, then he/she shall be paid at the time of one and one-half (1 1/2) rate for all hours that are worked within the twelve (12) hour period, except when it is mutually agreed by the Employer and the Employee to waive the overtime. 12.7 When prior approval has been obtained from the Police Chief an Employee may elect to receive overtime as compensatory time off to be utilized within the same calendar year during which overtime has accrued. Maximum compensatory time accumulated shall not exceed thirty (30) hours. ARTICLE 13: COURT TIME 13.1 An Employee who is required to appear in Court during scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half (1 1/2) times the Employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the Employee for the three (3) hour minimum. Cancellation with less than twenty-four (24) hours notice shall result in the minimum being paid. 13.2 In the event an Employee is subpoenaed to testify in private party litigation in a capacity other than that of an expert witness regarding an incident that has occurred within the scope of employment for the City of Prior Lake involving facts 9 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 13.1. In addition, if the Employee uses a personal vehicle, then the Employee may keep the mileage fee served with the subpoena. ARTICLE 14: CALL BACK TIME 14.1 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(ll/2) times the Employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the Employee for the two (2) hour minimum. ARTICLE 15: WORKING OUT OF CLASSIFICATION 15.1 Employees assigned the responsibilities of a higher position shall receive the differential for each full shift assigned to that position by the Employer. 15.1.1 A differential of fifty cents ( 50 cents) shall be paid to each senior Employee when at least one other police officer is working on that shift or a portion of that shift. 15.1.2 Employees assigned to the duties of Investigator/Detective, School Liaison Officer or K-9 Handler, shall receive an additional five percent (5%) of their base pay rate. ARTICLE 16: CLOTHING ALLOWANCE 16.1 Employees shall receive Six Hundred Nine Dollars ($609.00) per year for clothing and maintenance allowance in 1996. This amount shall be adjusted each year by the percentage increase in the January to January, Minneapolis-St. Paul Consumer Price Index as reported by the US Department of Labor Bureau of Labor Statistics for the preceding year. 16.2 Fifty percent (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. 10 16.3 Probationary Employees in their first year of employment can draw up to One Thousand Dollars ($1,000.00) from the Employer for uniforms, leather and equipment. In addition, after they have passed their probationary period, they may draw against their uniform allowance. 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 currently employed with a ballistic vest, side panel or an extended coverage T-shirt style, and two covers. The vest will be replaced by the employer every five years, or when recommended by the vest manufacturer. The vest will be a minimum protection level of class II. ARTICLE 17: HOLIDAYS 17.1 The employer shall designate twelve (12) paid holidays at eight (8) hours per day or 96 hours per year. 17.2 Any holiday hours not taken by the Employee shall be resold to the Employer at the Employee's base pay rate during the first payroll in December. 17.3 Any Employee required to work on an actual holiday as identified in Article 17.1 shall be credited with an additional one-half (l/2) times hislher regular base pay rate for all hours worked except any hours which would be regular overtime hours per Article 12, overtime, which shall be paid as per Article 12 provides. Holiday premium pay shall be given for all hours of the shift including ten (10) hour shifts. ARTICLE 18: SALARIES See Appendix A. ARTICLE 19: LONGEVITY PAY PLAN Each employee shall receive longevity pay in addition to regular base salary as per the following schedule: 11 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 20: VACATION LEAVE 20.1 Each Employee shall accrue paid vacation based upon the following schedule: Start until three (3) full years of service - ten (10) eight hour days per year (80 hours) Start of the fourth (4) through the ninth (9) year - fifteen (15) eight hour days per year ( 120 hours) Start of the tenth (10) through the fourteenth (14) year - twenty (20) eight hour days per year ( 160 hours) Start of the fifteenth( 15) year - twenty-one (21) eight hour days per year (168 hours) Start of the sixteenth (16) year - twenty-two (22) - eight hour days per year (176 hours) Start of the seventeenth (17) - twenty-three (23) - eight hour days per year (184 hours) Start of the eighteenth (18) year - twenty-four (24) eight hour days per year (192 hours) Start of the nineteenth (19) year and thereafter - twenty-five (25) eight hour days per year (200 hours) 12 .---------- . 20.2 Probationary employees shall earn but cannot use vacation until after twelve (12) months of service. 20.3 The scheduled shifts that an Employee has scheduled off prior to, during, and following 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 unless the employee volunteers to work (i.e. overtime shift or other assigned event) within that time frame. 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. 20.4 A regular full time Employee who has completed a minimum of three (3) years of continuous service shall be allowed to carry over from one calendar year to the next one and one-half (I 1/2) times their accrued vacation at the rate of accrual specified in 20. 1. 20.5 A regular full time Employee who has completed less than three (3) years of continuous service 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 20.1. 20.6 Personal Leave: Employees will be eligible for one personal day per year for 8 or 10 hours depending upon the scheduled shift worked. The employee must provide 2 days notice to employer prior to taking the personal day. The personal day can be taken at the officer's discretion, however no accumulation or carry over of days can occur. No more than one employee can take personal leave during a week. ARTICLE 21: SICK LEAVE AND SEVERANCE PAY 21.1 Each Employee shall earn eight (8) 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 960 hours. At their option Employees who have accumulated at least 720 hours sick leave may buy back the sick leave hours in excess of 720 hours at the current rate of pay. This option once exercised by an Employee, shall continue until termination of employment. Such buy back of sick leave shall be subject to the same limitations as severance pay as contained in Article 29. 13 R 21.3 If an Employee uses more than two (2) consecutive scheduled shifts of sick leave, (either 10 hours or 8 hours each) the Employer may require a doctor's slip as to the nature of the illness. 21.4 The Employer agrees to pay upon honorable termination of any Employee after five (5) years of service fifty percent (50%) of the employees accumulated unused sick leave at the Employee's current base 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 (either 900 hours or 720 hours depending on the employee's scheduled shift, i.e. 900 hours if 10 hour shift, 720 hours if 8 hour shift at the time of the claim) of sick leave to be used only for injuries incurred during the performance of assigned duties. Such leave 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) scheduled shifts per injury. If the Employee is receiving Workers Compensation benefits for the disability, the City will pay the difference betvveen the Employee's Worker's Compensation benefits and the Employee's full salary out of the accumulated and unused 90 scheduled shifts of injury on-duty sick leave. Such sick leave shall not be used in computing severance benefits. 21.6 At the Employee's request the Employer shall grant to the Employee up to ninety (90) scheduled shifts (either 900 hours or 720 hours depending on the employee's scheduled shift, Le. 900 hours if 10 hour shift, 720 hours if 8 hour shift at the time of the claim) of unpaid medical leave after sick leave and vacation have been exhausted. 21.7 Any Employee that claims an absence from work due to an injury sustained on the job is subject to an examination to be made and paid for by the Employer. Said examination shall be made by a person competent to perform the same as designated by the Employer. ARTICLE 22: 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 14 monthly premium $405 per month for individual and dependent coverage, effective January 1, 1997. In the event premiums are increased beyond the maximum contribution paid by the Employer, 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 $40.00 per month for individual and dependent coverage. In the event that premiums are increased beyond the maximum contribution paid by the Employer, such increases shall be paid by the employee through payroll deduction. 22.3 The Employer 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. 22.4 The Employer will select and provide long term disability insurance for employees effective January I, 1995. The Employer will pay a sum not to exceed $25.00 per month. In the event the premiums exceed the maximum contribution provided by the Employer, such increases shall be paid by the Employee through payroll deductions. In the event a long term disability plan is not available or the parties cannot agree upon the benefits, employees are entitled to use up to $25.00 per month, effective January I, 1995 to offset the difference of the employee and dependent health and/or dental insurance premium and the capped amounts. ARTICLE 23: EDUCATION INCENTIVE PAY PLAN 23.1 The Employer agrees to pay each Employee an additional percentage of his /her base pay rate for each year of college level education as part of the following schedule after starting with the department: Three percent (3 %) for one (I) year Six percent (6%) for two (2) years Nine percent (9%) for three (3) years 15 Twelve percent (12%) for four (4) years An Employee shall receive fifty cents (50 cents) per quarter credit hour in blocks of nine (9) until such time as he achieves one of the above. 23.2 The Employer agrees for the purpose of definition of college level education in Article 23.1 above, to recognize a grade of C or Pass from any institution of higher learning approved by the North Central Bureau of Accreditation. In addition, the employee shall provide the employer a minimum of sixty (60) days written notice of the employee's intent to enroll in a course. 23.3 The Employer agrees to provide reimbursement for the cost of books and tuition for any successfully completed college level course provided that the course is associated with law enforcement (to include the social sciences and required electives ). ARTICLE 24: FUNERAL LEAVE The Employer authorizes each employee funeral leave of three (3) days, should any member of his immediate family pass away. Such funeral leave shall not be deducted from accumulated sick leave. For the purpose of this Article immediate family shall mean the parents, children, brother, sister, brother-in-law, sister-in-law and grandparents of the Employee and Employee's spouse. The Employer may grant additional time offif the City Manager deems it necessary. ARTICLE 25: STANDBY PAY If the Employer requires any Employee to standby, the Employee shall receive one (1) hour pay for each two (2) hours of such standby duty. The Employer shall notify any Employee on standby when said Employee is no longer on such duty status. ARTICLE 26: LEGAL PROTECTION The Employer shall provide and pay for legal defense for any Employee who is charged with any alleged wrongdoing within the scope of his /her employment. The Employer shall provide false arrest insurance in the amount of $250,000 per person, and $500,000 per occurrence and one million ($1,000,000) per year. 16 -- . ----- --;:r--- ARTICLE 27: P.O.S.T. TRAINING The Employer agrees to pay for all training required by the City at straight time pay for the hours of class time. The Employer also agrees to pay license fees, meals, lodging, mileage, all reasonable expenses incurred in maintaining the Employee's P.O.S.T. License. Additional schools, upon mutual agreement may be attended by the Employee on his/her own time, with the Employer reimbursing for other costs. ARTICLE 28: MAINTENANCE OF BENEFITS All benefits currently enjoyed by these Employees and not changed or modified by this Agreement shall remain in effect. ARTICLE 29: ACCUMULATED SICK LEAVE AND CASH 29.1 Any sick leave earned and accrued as of January 1,1979, shall be paid off at twenty-five percent (25%) of any amount accumulated prior to date. 29.2 Any sick leave earned and accrued after January 1, 1979 shall be paid off at fifty percent (50%) as per the severance article in the labor agreement effective January 1, 1979. ARTICLE 30: 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 31: JURY DUTY Leave shall be granted for service upon a jury. Compensation shall be at the Employee's regular base rate of pay. Employees whose scheduled shift is other than a day shift shall be reassigned to a day shift during the period of service upon a jury. When not empaneled for actual service and only on call, the Employee shall report to work. If an Employee is excused from jury duty prior to the end of the work shift, the Employee shall 17 return to work as directed by the EMPLOYER or make arrangements for a leave of absence. ARTICLE 32: DURATION This Agreement shall be effective January 1, 1997 and shall remain in full force and effect until the 31 st day of December, 1999. SIGNATURES: FOR THE CITY OF PRIOR LAKE: FOR LAW ENFORCEMENT LABOR SERVICES, INC. Mayor Union Representative Dated: Dated: City Manager Union Steward Dated: Dated: 18 1;... APPENDIX A: SALARIES EFFECTIVE JANUARY 1, 1997: 1997 1998 Start: After 6 months: After 12 months: After 24 months: After 36 months: $2,459 per month $2,875 per month $3,270 per month $3,486 per month $3,711 per month $2,532 per month $2,961 per month $3,368 per month $3,590 per month $3,822 per month Notwithstanding any other provisions to the contrary, the exclusive representative may provide the City with a notice of its desire to reopen negotiations only on the following subjects: I. Appendix A: Salaries F or the time period from January 1, 1999 to December 3 1, 1999, the monthly salary rates in Appendix A may be reopened by LELS upon written notice to the City. This reopener shall be subject to the PELRA bargaining process including interest arbitration. In addition, the topics of performance pay and longevity pay may be discussed and mutually agreeable modifications made therein pursuant to the PELRA. The topics of performance pay and longevity, however, may not be certified for impasse by the BMS for purposes of interest arbitration. 2. Section 22.1: Employer Contribution to the Premium for Health and Hospitalization Insurance For the periods of January 1, 1998 to December 31, 1998 and January 1, 1999 to December 3 1, 1999. '3. Section 22.2: Employer Contribution to the Premium for Group Dental Insurance F or the period from January I, 1999 to December 31, 1999. 4. Retiree Health and Hospitalization Insurance 19 4. Retiree Health and Hospitalization Insurance The topic of retiree health and hospitalization insurance may be discussed and mutually agreed to by the parties in accordance with the PELRA, but may not be certified for impasse by the BMS for purposes of interest arbitration. All other provisions of this Labor Agreement will remain in full force and effect as provided in the PELRA for the period from January 1, 1997 through December 31, 1999. 20 -,- .--_.- ,...,.- -~._-- -- 1:. APPENDIX B: REIMBURSEMENT FOR BARGAINING UNIT NEGOTIATING TIME I. The Employer will reimburse one (I) employee designated by Local 100, at the Employee's straight-time pay, for time spent in negotiating sessions scheduled during normal working hours, so that the Employee will not have a loss of wages for that activity. 2. This policy shall be effective as of December 23, 1995 and its duration will continue to December 31, 1998 plus any time spent negotiating for the 1999 contract. To continue this policy beyond 1998 negotiations, it shall be the subject of negotiations. 3. The intent of this memorandum is not to preclude the inclusion of paid negotiation time in future contracts. 21 APPENDIX C: LABOR MANAGEMENT COMMITTEE The parties agree to create a labor management committee. The parties will utilize the training provided by the Bureau of Mediation Services. The topics that will be submitted to the LMC include: I. Insurance Committee. The City proposes adding a new paragraph 22.5 to the collective bargaining agreement which would create an insurance committee with representatives from all of the organized bargaining units and from unorganized and management employees. The Committee would have the responsibility to make recommendations to the City Council regarding both the nature of the insurance coverage and cost efficiency. If a recommendation from this 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. 2. Grievance Procedure. Consider the use of the American Arbitration Association as opposed to the Bureau of Mediation Services for arbitration of grievances. 3. Minimum Staffin~. Discuss the minimum staffing of patrol officer positions. The issue involves an inherent managerial policy. These discussions in the LMC are not part of the meet and negotiate process. # 25157 22