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Home My WebLink About8C - Police Sergeants Bargaining Agreement STAFF AGENDA REPORT DATE: 8C FRANK BOYLES, CITY MANAGER CONSIDER APPROVAL OF RESOLUTION 97-XX RATIFYING 1997-1999 LABOR AGREEMENT BETWEEN CITY OF PRIOR LAKE AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES REPRESENTING POLICE SERGEANTS. MAY 5, 1997 CONSENT AGENDA: PREPARED BY: SUBJECT: BACKGROUND: The City's negotiating team, consisting of Labor Attorney John Roszak and Assistant City Manager Blair Tremere met with the bargaining unit over several months to negotiate a Labor Agreement to address wages and insurance in accordance with the Public Employee Labor Relations Act (PELRA) and with the labor agreement ratified by the City Council last year. The objective has been to not only develop a long term agreement which will provide a level of ongoing "Labor Peace" but also, to achieve an agreement which is reasonable economically and prudent in its terms. The Labor Agreement for which Council ratification is requested under this agenda item meets both criteria. DISCUSSION: The Sergeants' bargaining unit representing three Employees was formed in 1994. This contract represents the results of the "reopener" bargaining envisioned by the contract approved last year. The contract, which has been ratified by the Sergeants bargaining unit, is similar to the Police Officer Agreement. A copy of the agreement is attached for Council information. The essential provisions are shown below: 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 1 Ph. (612) 447-4230 1 Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Economic Terms ITEM Wages (top pay w/o longevity) Health Insurance/mo. Dental Insurance/ mo. Contract Language Page 1 16 19 Appendix A ISSUES: 505978C.DOC STAFF AGENDA REPORT -8C- CONTINUED 1997 $4,241.00 1998 $4,368.00 1999 REOPEN $405.00 REOPEN REOPEN $ 40.00 REOPEN $ 40.00 Article Subject 1 22.1 Agreement Date Adjust amount for Insurance Duration period Salary schedule; reopener topics (salaries, performance pay and longevity pay, health and hospitalization contribution, and dental insurance contribution). Restatement of duration. 31.1 The agreement was +3 % across the board wage increase in 1997 and 1998 each, and +$10 for health insurance contribution in 1997. Reopeners are contemplated as noted in the table above. Attached for Council Information is a copy of the required state Uniform Settlement Form. The "package" price of the new agreement when compared to the baseline for the previous year of 1996 is 3.52% in 1997, and for the 1997 base year, 3.06% in 1998. Labor Agreements typically do not provide complete satisfaction to either party. Such is the case with the Labor Agreement recommended for City Council action this evening. The Agreement does, however, represent an equitable conclusion of bargaining which allows us the opportunity to focus upon the issues at hand, which AL TERNATIVES: RECOMMENDATION: ACTION REQUIRED: attachments. 505978C.DOC STAFF AGENDA REPORT -8C- CONTINUED are considerable in our growing Community. l)Approve Resolution 97 -XX ratifying the Labor Agreement, which is attached. 2)Defer action on the Labor Agreement subject to receipt of additional information. Alternative 1. Motion and second to adopt Resolution 97-XX ratifying the Labor Agreement with the Sergeant's Bargaining Unit. RESOLUTION 97-XX RESOLUTION RATIFYING A 1997-1999 LABOR AGREEMENT BETWEEN THE CITY OF PRIOR LAKE AND MINNESOTA TEAMSTER'S PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION LOCAL 320 REPRESENTING POLICE SERGEANTS. MOTION BY: SECOND BY: WHEREAS, The Public Employee Labor Relations Act as amended requires that the City negotiate with the exclusive bargaining representative for groups of essential and non-essential employees and WHEREAS, The Minnesota Teamsters Public and Law Enforcement Employees Union Local 320 represents three Prior Lake Police Sergeants and WHEREAS, Negotiations have taken place which have resulted in a Labor Agreement, for 1997- 1999, and WHEREAS, The employees who make up the Sergeant's bargaining unit have ratified said bargaining agreement, and. WHEREAS, The agreement becomes effective upon Council 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 Union Local 320 Police Sergeants Unit for January 1, 1997 through December 31, 1999 and; BE IT FURTHER RESOLVED, the Mayor and City Manager are hereby authorized to execute each of the above referenced labor agreement on behalf of the City. Passed and adopted this 5th day of May, 1997 YES NO Andren Greenfield Kedrowski Mader Schenck Andren Greenfield Kedrowski Mader Schenck {Seal} City Manager City of Prior Lake 16200sEagde Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 1 Ph. (612) 447-4230 1 Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER --- c----~~-~ -~--_j~~~~- ,-. FirS/ YeM of CODllacl 11/31196 "Dates. III ~ 11131ml_~~_-_~~ ~= New S by Wage Schedule Improyement ____ Movement TEAMSTERS SERGEANTS . Labar CODlnct UoilOrm SclIIemcDI Form Dala Dale Bm Year __~_.__________ =~___ RiIJr' -_~===- BaseWage.________________ ___~__ 151,599 ___________ B~ S;;;';.I Sec:urily CODlribulioD _~!~~ _____1~ Base PERA CoulribuliOD 0_1140 11,966 Base McdicallDsuraDee ----- ---14~nO --------~- Base DealallosuraDce ------~~--- - 1,440 -------- ----- -_._~-----~--- ----------_.--. ---_.----- Base life ID.oranee 356 - -------- --.------ Base lTO In5WUCe 586 --_._---~- ---_.~- Ba~:.P~er!OI1IlJ~~ompen..!i.o~_u_ _________ 1274 _._u_ ___u_ 4,446 1,301 21 -------..----- -----.--- 655 360 .._.. _..n_..____.._______.___n____ _______ ..._ Ba.. Year ToIa' B..ellDe 200,194 ---- --.------.--- --------.-- TOIaI S CbaDge % Cbuii< nom--- Ba..line 3.52% ~--- -- 207,243 ----.----.--- ------ __nO Tolal $ Flnl Year SellleweDI Heallb IDluruce Single C96) Family ('96) GraDd Tolal M2..fuob 147.31 395.00 funaJI ZDd B..e Year -- ----- - ~-~-~~~~~ -.-., -..- _ ___ Il~ S~~ISecuri,!, ~on~~~~n. _ Ba.. PERA Contribulion ___ ___________n _u Base MedicallnsuraDce --.----- -. --------.-----.- Base: Dentallnswance ------. -~-_.._--_.- Base Life Insurance _____ .__._ ._. _____u___ Ba.. l TO Insurance _ ___ ___ _._ .. ________._ _U'. _.. __ ...___._ ~~~ O~~! F~~~ ~fCon~~~~~!~~ 266 7,049 163,345 773 18,621 __ __ __ 14,580 1,440 ---- 356 586 7540 TOlal $ SocoDd Year SOlllowoDI - -~------------- --- ------ - -~- 1------------- Sec:ood Year of CODII.CI .!l1/98-1!.~~_ _ ----- ~=-_== ~~! I>r -'Yage Schedule ~ ___~________ ____ ___ ~~J'~()~~ltnl __ _ 4,580 ___ _ ~~ Base ~!!!"_ __ __ __ ~1()Y~lelll_ u___ ___ 845 ___ ~aseWagcs_____ ___n________ __ 168,770 _n_ ___ _ n ______ 32 Ba.. Sue;.1 Securily Conlribulion ______ 806 ___ __ ___ ___~~ _~...P~RA~ODtribulioll n______f--__!9,2:!.~ Base Medical losurance 14,580 -- -.--- --.--.-- --.- --.-.. -------...-.--.- -- _. Ba.. OClllallosuraDce 1,440 ----- -- ---- Ba..life 'j;;.u"';~ --. --- -- -- 356 _n__ _____ ___ _~__ ___ _~_.__n___ .___~ Base l TO ID.urance 586 _n --------274 ~~ B.SC~Olher~~~~~on'!'e.;;Ii~ --1.lli. 207,242 Tolal S Challge %-Ch;Dge &~n--- - BilSt:line .. 6,349 n _ __un u_ m_un ~I~~~I ---- ----- 3.06% 213,591 Tolal $ Tbird Yoar SoUlewoDI ----- c--------- .i.22LI2l!I ____m____u________ _ ___ __w__. _____n______ ~__ __ _n_____.__ ------~-------- -----.- .Lm..ThIal l22il2liI ~ ..147.31 -- _~_ ___ 14,220. ~~ ____ __ ___.____ 14210 n._._._._____ OODlallolunoce Single ('96) Family ('96) GraDd Total 3 __________ _______ _n 17.12 ---- 40.00 17.12 40_00 Lleel.lura.ce __ ~_~ ~_ __~_ Single~'96) ________~____n___~.7~ _______ ___ _____ Fami~ r!~L___ ___~:~ _________~ __ ______~~~ Gr~u~ 1"~!_____~_____ ________ ___ ____ 356 L TD 1.luraDce COn\Posite premium (~--~- -16-:-28 -------)" Grand Tolal ---- -- 1--------- Otber Forllll oeCowpeaullo. 1,440 1440 8.70 -- 9.90 ------ ... 586 586 16.28 _n 14,580 ------~ 14580 --- 1,440 ----.- ~_._--_._-----_.. 1440 356 - 356. 586 ------- .- 586 _ ___ 7,274 ~____ ~_ _ 7,540 ---- 1I01id.ay Pay Boe Zollner Hofstad 12131/96 Hourly Wag _________ ____~!~~ ____ ____ ___on ...... __ 24.94 ----- ---- ----- -------..- 24.94 _____ ~~erage Hoorly Rale Z5.26 ------~------- !I~id.ay Pay (3 @ 96 hrs.) TOtal oihCr Compen..liOD 7;274 7,274 l, _.!~3Il~7 !!()~~ ~~e 26.67 26.18 25.69 26.18 7,540 7,540 r.pl - .n__________ ____ ___n MlLfimL ____________ __147-31 405.00 14,580 1--- 14580 _ _ ....___.__ ---- -- ------ ---~r__--r---------------- ------- --~- ~----17-:-i21--- - -- ----- --- -- ----. .-.----- ---~-- -----. ------------ -- 40_00 1,440 c---- ---------.:440--- ----- __un _____ n________~ ,_ ___ ___ ______ -----8:70- ------------ ---- ---- -- --- ---------~ -- -------- ---- 9.90 356 __ ____._____ __ _______ ._ ______n_ ___ ____ 356 ---16.28--- ---- ---- ------ _ ____ _n___ _~_ ____ 586 ------ ------ 586 ___ ~--~- 7,813 - - ______ _ ________!~~!.~~ Hourly~~e ____ _.__ 27.47 --f.---- ----- ------ -- - ---__ --- _n --- -__ 26.96 26.96 ..___ _______ ________________n_____~_ _________ -. ------- --------- ------- 27.13 -~- 7,813 ------ - ------------------ ____ _n____ ______. _~__ 7,813 1;]'",14'16.'91 I, .! . ..._;;._ ~ "'It. LABOR AGREENIENT BETWEEN THE CITY OF PRIOR LAKE -and- MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCENtENT EMPLOYEES UNION LOCAL NO. 320 POLICE SERGEANTS UNIT JANUARY 1, 1997 TO DECEMBER 31, 1999 . r r TABLE OF CONTENTS ARTICLE PAGE ARTICLE I. PURPOSE OF AGREENtENT ................................. 1 ARTICLE II. RECOGNITION........................................... . . 1 ARTICLE III. DEFINITIONS ............................................. 1 ARTICLE IV. EMPLOYER SECURITY .................................... 3 ARTICLE V. EMPLOYER AUTHORITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE VI. UNION SECURITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE VII. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE. . . . . . . . . . . . . 4 ARTICLE VIII. SAVINGS CLAUSE ....................................... 7 ARTICLE IX. SENIORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE X. PROBATION. ... '" .. ... .... .... . . .. . . . '" . . . . . . . . . . . . . . . . . 8 ARTICLE XI. DISCIPLINE............................................... 9 ARTICLE XII. WORK SCHEDULE AND HOURS OF WORK. ................. 10 ARTICLE XIII. OVERTIME............................................. 10 ARTICLE XIV. COURT THyfE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE XV. CALL BACK TINffi ....................................... 11 ARTICLE XVI. CLOTHING ALLOWANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : 12 ARTICLE XVII. HOLIDAYS ............................................ 12 ARTICLE XVIII. SALARIES............................................ 13 ARTICLE XIX. LONGEVITY PAY PLAN .................................13 ARTICLE XX. VACATION LEAVE ......................................13 ARTICLE XXI. SICK LEAVE AND SEVERANCE PAy...................... 15 ARTICLE XXII. HEALTH AND WELFARE. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICLE XXIII. FUNERAL LEAVE ..................................... 17 ARTICLE XXIV. STANDBY PAY ........................................ 17 ARTICLE XXV. P.O.S.T. TRAINING ..................................... 17 ARTICLE XXVI. VACATION COVERAGE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ARTICLE XXVII. LEGAL SERVICES .................................... 18 ARTICLE XXVIII. JURY DUTY PROVISION. .. . . . . .. .... . ... . . . . . . . . . . . . . 18 ARTICLE XXIX. EDUCATION INCENTIVE PAY PLAN. . . . . . . . . . . . . . . . . . . . . 18 ARTICLE XXX. WORKING OUT OF CLASSIFICATION .................... 19 ARTICLE XXXI. DURATION ........................................... 19 LABOR AGREEMENT BETWEEN THE CITY OF PRIOR LAKE -and- MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 ARTICLE I. PURPOSE OF AGREEMENT This Agreement is entered into as of April 21, 1997, 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 the 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' agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE II. RECOGNITION 2.1 The EMPLOYER recognizes the Union as the exclusive representative, under Minnesota Statutes, Section l79A.03, Subdivision 14, for all police personnel in the following job classification: POLICE SERGEANT 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III. DEFINITIONS 3.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320. 1 . . . 3.2 UNION NIEMBERS: A member of the Minnesota Teamsters Public and Law Enforcement Employees's Union, Local No. 320. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTIvIENT: The Prior Lake Police Department. 3.5 EMPLOYER: The City of Prior Lake. 3.6 CHIEF: The Chief of the Prior Lake Police Department or designee. 3.7 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift. 3.8 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.9 REST BREAK: Periods of time for rest purposes during the Scheduled Shift. The employee remains on continual duty and is responsible for all job duties. 3.10 LUNCH BREAK: A period of time designated for the employee to eat during the Scheduled Shift. The employee remains on continual duty and is responsible for all job duties. 3.11 STRIKE: Failing to report for duty, the willful absence from one's position, the stoppage of work, slow-down or abstinence in whole or in part from the full, faithful and proper performance of the duties of the employee for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. 3.12 UNION OFFICER: Officer elected or appointed by Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320 to act as Union officer. 2 ARTICLE IV. EMPLOYERSECURlTY The UNION agrees that while this Agreement is in effect, the UNION will not cause, encourage, participate in or support any strike, slow down or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V. EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the sole right to operate and manage all manpower, facilities and equipment in accordance with applicable laws and regulations of appropriate authorities, including, but not limited to, the following: establishing functions and programs; setting and amending budgets; determining the utilization of technology; establishing and modifying the organizational structure; planning, directing, and controlling the operations and services of the department; selecting, directing, and determining the number of personnel; assigning and transferring employees; establishing work schedules and assigning overtime; hiring, promoting, or relieving employees; establishing and enforcing rules and regulations except as limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. ARTICLE VI. UNION SECURITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. 6.2 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. 6.3 The UNION may designate an employee from the bargaining unit to act as a steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of steward within two weeks of signing the contract, or any change in designated personnel. 3 6.4 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notice(s) and announcement(s). 6.5 The EMPLOYER agrees to allow the officers and representatives of the bargaining unit reasonable time off and leaves of absence, without pay and with prior approval for the purpose of conducting UNION business when such time will not interfere with the operations of the department. 6.6 The EMPLOYER agrees to post all promotional opportunities within the department; to publish the method by which promotions shall be made within the department and to make copies of all work rules and regulations available to employees. 6.7 The Business Agent of the UNION, previously accredited to the City in writing by the UNION, shall be permitted to come on the premises of the City for the purpose of investigating and discussing grievances in a responsible and reasonable manner. ARTICLE VII. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Definition of a Grievance: A grievance is defined as a dispute or disagreement as to the application or interpretation of the specific terms and conditions of this Agreement. 7.2 UNION REPRESENTATIVES: The EMPLOYER shall recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. 7.3 The Union shall notify the Employer in writing of the names of such Union Representatives and their successors when so designated as provided by Article 6.3 of this Agreement. 7.4 Processing of a Grievance: It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a Union representative shall be allowed a reasonable amount 4 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 7.1, shall be resolved in conformance with the following procedure: Step 1: Step 2: Step 3: An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to in Step 2 shall be placed in 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 1. 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. ^- 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 5 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. Step 4: A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an Arbitrator shall be made from a list of five (5) arbitrators provided by the Director of the Bureau of Mediation Services, tossing a coin to decide who strikes first, and alternately striking names off of the list. 7.6 Arbitrator's Authority: A. The arbitrator shall have no right to amend, modify. nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect 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 6 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 of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that Step and immediately appeal the grievance to the next Step. The time limit in each Step may be extended by mutual 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, 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 VIII. SAVINGS CLAUSE This Agreement is subject to the laws of the United States, of the State of Minnesota and of 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 renegotiated at the written request of either party. 7 ARTICLE IX. SENlORITY 9.1 City Seniority shall be determined by the employee's length of continuous employment with the City of Prior Lake. 9.2 Departmental Seniority shall be determined by the employee's length of continued employment with the Prior Lake Police Department as a licensed Police Officer. 9.3 Job Classification Seniority shall be determined by the employee's length of continuous employment within the specific job classification. 9.4 A reduction in the work force in a specific classification shall be accomplished on the basis of seniority, with the least seniority employee in the classification being laid off first, second senior employee being laid off next, etc. 9.5 Employees being laid off from a specific job classification shall retain the right, if any, to bump back into any previously held lower position in the Prior Lake Police Department. 9.6 Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have the right to return to work within two years of the time hislher layoff, provided the employee has maintained all license requirements as established by the P.O.S.T. Board or is eligible for license. Notification shall be by certified letter, and upon receipt ot: employee shall have twelve (12) days to return to work. ARTICLE X. PROBATION 10.1 A promoted or new employee shall be granted a one (1) year probation period to determine: A. The employee's ability to perform the job; B. The employee's desire to remain on the job; and C. During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period, a promoted or reassigned employee may be returned to the previous position at the sole discretion of the 8 E:NIPLOYER. The employee may elect to return to the previous position during the probationary period. ARTICLE XI. DISCIPLINE 11.1 The EMPLOYER will discipline employees for just cause only in a form including but not limited to the following: A. Oral reprimand; B. Written reprimand; C. Suspension; D. Demotions; E. Discharge. 11.2 Suspension, demotions or discharges will be in written form. 11.3 Discipline shall become part of the Employee's personnel file and shall be acknowledged by signature of the employee. Employee and the UNION will receive a copy of such documents. 11.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the El'v1PLOYER. 11.5 Employees shall not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. 11.6 The E:NIPLOYER will not discipline an employee in the presence of citizens or other employees, other than the UNION steward, the employee's designated UNION representative, or supervisory personnel, or a designee. This shall not be deemed to apply to the issuance of work instructions or discussions held during departmental meetings. 11.7 Grievances relating to this Article may be initiated by the UNION in Step 3 of the grievance procedure under Article VII. 9 - T" .. .~.. ARTICLE XII. WORK SCHEDULE AND HOURS OF WORK 12.1 The normal work year is two thousand and eighty hours (2,080) to be accounted for by each employee through: A. Hours worked of assigned shifts; B. Holidays; C. Assigned Training; D. Authorized Leave Time. 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the EMPLOYER may assign employees. ARTICLE XIII. OVERTUvIE 13.1 Employees shall be compensated at one and one-half(1-l/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. 13.2 Overtime will be distributed on a volunteer basis to the most senior officer available. If no one wants to work it, the overtime shall be assigned to the junior employee. This provision shall not apply if the employee has not had at least twelve (12) hours off duty. 13.3 Overtime refused by employees, shall be considered as unpaid overtime worked. 13.4 Overtime will be calculated to the nearest fifteen (15) minutes. 13.5 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 10 13.6 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 this requirement. 13.7 When prior approval has been obtained from the Employer, an employee may elect to receive overtime as compensatory time off to be utilized within the same calendar year during which overtime has accrued. Maximum compensatory time accumulated shall not exceed thirty (30) hours. ARTICLE XIV. COURT TIME 14.1 An employee who is required to appear in Court during his scheduled off- duty time shall receive a minimum of three (3) hours pay at one and one- half (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. 14.2 In the event an employee is subpoenaed to testify in private party litigation in a capacity other than that of an expert witness regarding an incident that has occurred within the scope of employment for the City of Prior Lake involving facts which the employee came to know while on duty as a police officer, then the employee shall court time pay in accordance with the requirements as set forth in 14.1. In addition, if the employee uses a personal vehicle, then the employee may keep the mileage fee served with the subpoena. ARTICLE XV. CALL BACK TIME 15.1 An employee who is called back to duty during his scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (1-1/2 ) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum. 11 ARTICLE XVI. CLOTHING ALLOWANCE 16.1 Employees shall receive six hundred nine dollars ($609) per year for clothing and maintenance allowance. This amount shall be adjusted each year by the percentage increase in the January to January, Minneapolis-St. Paul Consumer Price Index as reported by the U.S. Department of Labor Bureau of Labor Statistics for the preceding year. 16.2 Fifty percent (50%) of the clothing 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. 16.3 Probationary employees in their first year of employment can draw up to six hundred fifty dollars ($650) from the EMPLOYER for uniforms, leather and equipment. In addition, after they have passed their probationary period, they may draw against their uniform allowance. 16.4 The EMPLOYER shall provide a list of approved uniform items. Any items that are different, or are in addition to the list of items that are currently required for present and new employees, shall be paid for by the EMPLOYER, without deduction from the uniform allowance. 16.5 The EMPLOYER shall provide each employee with a Level 2 ballistic vest, either side panel vest or their extended coverage T-shirt style, and two covers every five years. ARTICLE XVII. HOLIDAYS 17.1 The EMPLOYER shall designate twelve (12) paid holidays at a maximum of eight (8) hours per day or ninety-six (96) hours per year. 17.2 Any holidays not taken by the employee shall be resold to the EMPLOYER at the employee's base pay rate during the first payroll in December. 17.3 Any employee required to work on a holiday as designated in Article 17.1, . shall be credited with an additional one-half (~ ) times hislher regular base pay rate for all hours worked except any hours which would be regular overtime hours per Article XIII, overtime, which shall be paid as per Article 12 XIII provides. Holiday premium pay shall be given for all hours of the shift, including ten (10) hour shifts. ARTICLE XVIII. SALARIES See Appendix A ARTICLE XIX. LONGEVITY PAY PLAN 19.1 Each employee shall receive longevity pay in addition to regular base salary as per the following schedule: Three percent (3 %) after four (4) years of service. Five percent (5%) after eight (8) years of service. Seven percent (7%) after twelve (12) years of service. Nine percent (9%) after sixteen (16) years of service. ARTICLE XX. VACATION LEAVE 20.1 Each employee shall accrue paid vacation on a monthly basis as per the following schedule: Start until three (3) full years of service - ten (10) eight hour days per year or eighty (80) hours. Start of the fourth (4th) through the ninth (9th) year - fifteen (15) eight hour days per year or one hundred twenty (120) hours. Start of the tenth (lOth) through the fourteenth (14th) year - twenty (20) eight hour days per year or one hundred sixty (l60) hours. Start of the fifteenth (l5th) year - twenty-one (21) eight hour days per year or one hundred sixty-eight (168) hours. 13 Start of the sixteenth (16th) year - twenty-two (22) eight hour days per year or one hundred seventy-six (176) hours. Start of the seventeenth (17th) year - twenty-three (23) eight hour days per year or one hundred eighty-four (184) hours. Start of the eighteenth (18th) year - twenty-four (24) eight hour days per year or one hundred ninety-two (192) hours. Start of the nineteenth (19th) year and thereafter - twenty-five (25) eight hour days per year or two hundred (200) hours. 20.2 Newly hired probationary employees shall earn but cannot use vacation until after twelve (12) months of service. 20.3 The days that an employee has scheduled off prior to, during, and preceding the employee's vacation leave are included in the employee's vacation "Windows". During this time period, the EMPLOYER will not schedule the employee for work. This section does not prevent the EMPLOYER from scheduling employees to work predetermined events in which all employees in the department would be required to work. 20.4 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 (1 Y2) 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 (1) personal day per year. The employee must provide two (2) days written notice to EMPLOYER prior to taking the personal day. The personal day can be taken at the officer's discretion, however, no accumulation or carry over of days can occur. No more than one (1) employee can take personal leave during the week. 14 ARTICLE XXI. SICK LEAVE AND SEVERANCE PAY 21.1 Each full-time employee shall earn eight hours of paid sick leave for each month of service. 21.2 Each employee shall be allowed to accrue paid sick leave up to a maximum of nine hundred sixty (960) hours. At their option employees who have accumulated at least seven hundred twenty (720) hours of sick leave may buy back the sick leave days in excess of seven hundred twenty (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 following limitations: A. Any sick leave earned and accrued shall be paid off at fifty percent (50%). 21.3 If an employee uses more than two (2) consecutive days of sick leave, the EMPLOYER may require a doctor's slip as to the nature of the illness. 21.4 The EMPLOYER agrees to pay upon honorable termination of any employee after five (5) years of service fifty percent (50%) of the employee's accumulated unused sick leave at the employee's current 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 (e.g., up to 900 hours for a ten-hour shift or 720 hours for an eight-hour shift) of sick leave to be used only for injuries incurred during the performance of assigned duties. Such leave with pay shall be granted for any period of disability, provided that a doctor's certificate is filed with the City Manager stating that the employee is not able to return to work. Such leave with pay shall not exceed ninety (90) working days per injury. If the employee is receiving Worker's Compensation benefits for the disability, the City will pay the difference between the employee's Worker's Compensation benefits and the employee's full salary out of any accumulated and unused ninety (90) scheduled shifts of injury on-duty sick leave. Such sick leave shall not be used in computing severance benefits. 15 , . 21.6 At the employee's request the EMPLOYER shall grant to the employee up to ninety (90) scheduled shifts (e.g. 900 hours for ten-hour shifts or 720 hours for eight-hour shifts) of unpaid medical leave after sick leave and vacation have been exhausted. 21.7 Any employee that claims an absence from work due to an injury sustained on the job is subject to an examination to be made in behalf of and paid for by the Employer by a person competent to perform the same and is designated by the EMPLOYER. ARTICLE XXII. HEALTH AND WELFARE 22.1 The EMPLOYER will select and provide group health insurance with benefits at the same level as presently exists. The Employer will pay a sum not to exceed the monthly premium of four hundred five dollars ($405) per month for individual and dependent coverage. In the event premiums are increased beyond the maximum contribution paid by the Employer, then such increases shall be paid by the employee through payroll deduction. 22.2 The EMPLOYER will select and provide group dental insurance with benefits substantially the same as presently exist. The Employer will pay a sum not to exceed forty dollars ($40) per month for individual and dependent coverage. In the event that premiums are increased beyond the maximum contributions paid by the Employer, then 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. 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 16 entitled to use up to $25.00 per month to offset the difference between the employee and dependent health and/or dental insurance premium and the capped amounts. ARTICLE XXIII. FUNERAL LEAVE The EMPLOYER authorizes each employee funeral leave of three (3) days, should any member of his immediate family pass 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, grandparents, grandchildren of the employee and employee's spouse. The EMPLOYER may grant additional time off if the City Manager deems it necessary. ARTICLE XXIV. STANDBY FAY If the EMPLOYER requires any employee to be on standby, the employee shall receive one (1) hour pay for each two (2) the employee is on standby. It shall be the responsibility of the EMPLOYER to notify the employee oft~e actual hours they are to be on standby. ARTICLE XXV. P.O.S.T. TRAINING The EMPLOYER agrees to pay for all training required by the City at straight time pay for the hours of class time. The EMPLOYER also agrees to pay license fees, meals, lodging, mileage, all reasonable expenses incurred in maintaining the employee's P.O.S.T. license. Additional schools, etc., upon mutual agreement may be attended by the employee on his/her own time, the EMPLOYER reimbursing for other costs. ARTICLE XXVI. VACATION COVERAGE The parties agree that when employees fill in for other employees on vacation, the EMPLOYER will take into consideration the shift that the employee is curreritly 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. 17 ."" ARTICLE XXVII. LEGAL SERVICES 27.1 The ElYfPLOYER shall provide and pay for legal defense for any employee who is charged with any alleged wrongdoing within the scope of his /her employment. 27.2 Except in cases of malfeasance in office or willful or wanton neglect of duty, ElYfPLOYER shall defend, save harmless and indemnify an employee and! or his/her estate against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance and scope of employee's duties to the fullest extent permitted by Minnesota Law. 27.3 For the provisions of this Article, the meaning of words, "malfeasance", "willful", and "wanton" shall be described in the most recent Blacks Law Dictionary. ARTICLE XXVIII. JURY DUTY PROVISION When an employee has been absent from work because of jury service, he/she shall be paid the regular salary by the City, with the understanding that upon the completion of the jury service, he/she shall provide a copy of the jury check to the head of the department and that the amount of such check, less the amount including for traveling expenses, shall be deducted from the next regular pay check. ARTICLE XXIX. EDUCATION INCENTIVE PAY PLAN 29.1 The Employer agrees to pay each Employee an additional percentage of his/her base pay rate for each year of college level education as part of the following schedule after starting with the department: Three percent (3%) for one (1) year Six percent (6%) for two (2) years , Nine percent (9%) for three (3) years Twelve percent (12%) for four (4) years 18 An Employee shall receive fifty cents (50 cents) per quarter credit hour in blocks of nine (9) until such time as the employee achieves one of the above. 29.2 The Employer agrees for the purpose of definition of college level education in Article 29.1 above, to recognize a grade of C or Pass from any institution of higher learning approved by the North Central Bureau of Accreditation. In addition, the employee shall provide the employer a minimum of sixty (60) days written notice of the employee's intent to enroll in a course. 29.3 The Employer agrees to provide reimbursement for the cost of books and tuition for any successfully completed college level course provided that the course is associated with law enforcement (to include the social sciences and required electives). ARTICLE XXX. WORKING OUT OF CLASSIFICATION Employees assigned all of the responsibilities of a higher position shall receive the differential for each full shift assigned to that position by the EMPLOYER. ARTICLE XXXI. DURATION 31.1 This Agreement shall be effective as of January 1, 1997, and shall remain in full force and effect until December 31, 1999 and thereafter as provided in the PELRA. 31.2 This Agreement shall represent the complete agreement between the employer and the Union. 19 APPENDIX A EFFECTIVE DATE MONTHL Y SALARY AT START MONTHL Y SALARY AFTER PROBA TION 1-1-97 3982.00 per month 4241.00 per month 1-1-98 4102.00 per month 4368.00 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: 1. Appendix A: Salaries F or the time period from January 1, 1999 to December 3 1. 1 999, the monthly salary rates in Appendix A may be reopened by Teamsters Local No, 320 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 l, 1999. 3. Section 22.2: Employer Contribution to the Premium for Group Dental Insurance F or the period from January 1, 1999 to December 3 1, 1999. 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. # 25 I 66/dlr IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this _ day of ,1997. FOR THE CITY OF PRIOR LAKE Lydia Andren, Mayor Dated: , 1997 Frank F. Boyles, Manager Dated: , 1997 FOR MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 Dated: ~, ]D ,1997 ~~~'-' Lowell Lynch, Local 20 Representative Dated: r-/~- ,1997 20 ~_~~nu_~;._~.~_._~u... _~.u._ ....