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5.5. SR 11-10-2003MEMORANDUM TO: Mayor and City Council FROM: DATE: Pat Klaers, City Administra~ November I 0, 2003 SUBJECT: Police Union Contract Item 5.5. The city and the police officers (LELS Local #231) have reached agreement on contract terms for 2004. This agreement is subject to City Council approval. The city insisted on a one-year duration for the contract. We are concerned about what financial constraints the state may place upon municipalities this upcoming Legislative session. The proposed adjustments in the contract are fairly typical and nothing out of the norm or unusual is being proposed. Attached for your review is a letter from city consultant, Ann Antonsen from Labor Relations Associates Inc., which outlines the changes in the 2004 contract. Also attached for your review is a copy of the 2004 contract. Recommendation It is recommended that the City Council approve the changes in the police officers union contract for 2004 as outlined in the attached letter. S:~Council~Pat~2003Nloca1231contract.doc LABOR RELATIONS ASSOCIATES, INC. 7501 Golden Valley Road Golden Valley, Minnesota 55427 763/546-1470 FAX: 763/546-1552 Email: laborrelationsas @ qwest.net DATE: October 17, 2003 0C~' TO: Terry Herberg Business Agent Law Enforcement Labor Services, Inc. Ann Antonsen Consultant FROM: SLTBJECT: City of Elk River Proposal At our negotiation session on October 13, 2003, the City of Elk River made the following proposal to the LELS, Local #231 Patrol unit: 1. Duration: 1 year 2. Wages: 3% Increase 3. Insurance: Increase employer's contribution by $15.00/month to $526.00. 4. Uniforms: Increase uniform allowance by $20.00 to $595.00. 5. Funeral Leave: Eliminate current language from Labor Agreement and replace with the City's Bereavement Leave Policy. 6. Vacation: Add new language which states that an employee may carryover 1 year' s accrual. Please let me know if you have any questions. cc: Patrick Klaers, City Administrator Lori Johnson, Finance Director MASTER LABOR AGREEMENT BETWEEN THE CITY OF ELK RIVER AND LAW ENFORCEMENT LABOR SERVICES, INC. (LOCAL 23 ~) Effective January I, 2004, through December 31, 2004 INDEX ARTICLE I. PURPOSE OF INTENT .................................................................................. 1 ARTICLE II. RECOGNITION .............................................................................................. ARTICLE III. DEFINITIONS .............................................................................................. 2 ARTICLE IV. EMPLOYER SECURITY ............................................................................ 3 ARTICLE V. UNION SECURITY ....................................................................................... 3 ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ...................... 4 ARTICLE VII. SAVINGS CLAUSE .................................................................................... 6 ARTICLE VIII. SENIORITY ................................................................................................ 6 ARTICLE IX. DISCIPLINE .................................................................................................. 6 ARTICLE X. CONSTITUTIONAL PROTECTION ....................................................... 7 ARTICLE XI. WORK SCHEDULES .................................................................................. 7 ARTICLE XII. OVERTIME .................................................................................................. 7 ARTICLE XIII. COURT TIME ............................................................................................ 8 ARTICLE XIV. INSURANCE .............................................................................................. 8 ARTICLE XV. STANDBY PAY ........................................................................................... 8 ARTICLE XVI. UNIFORMS ................................................................................................. 8 ARTICLE XVII. INJURY ON DUTY ................................................................................. 9 ARTICLE XVIII. SICK LEAVE ........................................................................................... 9 ARTICLE XIX. BEREAVEMENT LEAVE ..................................................................... 10 ARTICLE XX. VACATION ................................................................................................ 10 ARTICLE XXI. HOLIDAYS ............................................................................................... 11 ARTICLE X_XII. FALSE ARREST INSURANCE .......................................................... 1 ARTICLE XXIII. MILEAGE ALLOWANCE ................................................................. 11 ARTICLE XXIV. COMPENSATORY TIME PROVISIONS ...................................... 12 ARTICLE XXV. WAGES ............................... 12 ARTICLE XXVI. WAGE INCENTIVE PROGRAM .................................................... 12 ARTICLE XXVII. P.O.S.T. LICENSURE ........................................................................ 12 ARTICLE XXVIII. WAIVER .............................................................................................. 12 ARTICLE XXIX. DURATION ........................................................................................... 12 MASTER LABOR AGREEMENT BETWEEN THE CITY OF ELK RIVER AND LAW ENFORCEMENT LABOR SERVICES, INC. ARTICLE I. PURPOSE OF INTENT This Agreement is entered into as of January 1, 2004, between the City of Elk River, hereinafter called the Employer, and the Law Enforcement Labor Services, Inc. (LEES), hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and, 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE II. RECOGNITION 2.1 2.2 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes 179A.03, Subdivision 8, for all regular full time police personnel in the following job classification: Pohce Officer 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 shah be submitted to the Bureau of Mediation Services for determination. S: IDOCUMENI~ Union231-04.DOC ARTICLE III. DEFINITIONS 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 UNION: Law Enforcement Labor Services, Inc. (EELS) Local No. 231. UNION MEMBER: A member of the Law Enforcement Labor Services, Inc., (Local No. 231). EMPLOYEE: A member of the exclusively recognized bargaining unit. DEPARTMENT: The City of Elk River Police Department EMPLOYER: The City of Elk River CHIEF: The Chief of the City of Elk River Police Department UNION OFFICER: Officer elected or appointed by the Law Enforcement Labor Services, Inc., (Local No. 231). INVESTIGATOR, JUVENILE/SCHOOL LIAISON OFFICER AND CORPORAL: A regular full time employee specifically assigned or classified by the Employer to the job classification and/or job position of Investigator or Juvenile/School Liaison Officer or Corporal. OVERTIME: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.11 3.12 3.13 3.14 3.15 REST BREAKS: Periods during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. LUNCH BREAK: A period during the scheduled shift during which the employee remains on continual duty and is responsible for assigned duties. STRIKE: Concerted action in fa'King to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment for the purposes of including, influencing, or coercing a change in the conditions or compensation of the rights, privileges, or obligations of employment. COMPENSATORY TIME: Time off a regularly scheduled shift with pay in lieu of overtime pay, taken with prior approval of the Employer. PROBATIONARY PERIOD: That period of time from date of hire until an employee is certified as a regular full time employee as per the following: 2 S: IDOCUMENI~ Union231-04.DOC a. Police Officer: T~velve (12) months from date of hire. b. Promotion: Six (6) months from the date of promotion. ARTICLE IV. EMPLOYER SECURITY The Employer has and will continue to retain, whether exercised or not, the sole and unrestricted right to operate and manage its affairs in all respects and to perform any inherent managerial function not specifically limited by the express provisions of this Agreement. The rights of the Employer, through its management official, shall include but not be limited to the following: The right to operate and manage all manpower and facilities and equipment, to set and amend budgets, to establish and modify the organizational structure, to determine the purpose or mission of the organization in each of its departments or units, to establish functions and programs, to introduce new or improved methods of work and to determine the utilization of technology, to exercise control and discretion over the organization and the efficiency, economy, and productivity of operations, to set standards for work services to the public, to change or eliminate the existing work schedules, to assign work, overtime, leave time, and schedule working hours, to hire, examine, classify, promote, train, transfer, assign and schedule employees in positions with the employer, to suspend, demote, discharge or take other disciplinary action against the employees for just cause, to increase, reduce, change, modify or alter the composition and size of the work force, to lay off employees, to reallocate positions to higher or lower classifications, to determine locations, methods, means and numbers of personnel by which operations are to be conducted, to establish, modify, combine or abolish job classifications, to determine whether goods and services are to be provided or purchased, and to direct the employees. Any term or 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 V. UNION SECURITY 5.1 5.2. 5.3 The Employer shah deduct from the wages of employees who authorize such a deduction, in writing, an amount necessary to cover monthly Union dues, or a "fair- share" deduction, as provided in Minnesota Statutes 179A.06, Subdivision 3, if the employee elects not to become a member of the Union. Such monies shall be remitted directly to the Union monthly. The Union may designate employees from the bargaining unit to act as a steward and an alternate. The Union shall inform the Employer, in writing, of such choice and changes in the position of steward and/or alternate. The Employer shall make space available on the employee's bulletin board for posting Union notice(s) and announcement(s). S: IDOCUMENT~ Union231-04.DOC 5.4 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 VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURF 6.1 6.2 6.3 6.4 Definition of a Grievance: A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. Union Representatives: The Employer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer, in writing, of the names of such Union representatives and of their successors when so designated as provided by Section 5.2 of this Agreement. Processing of Grievance: It is recognized and accepted by the Union and the Employer that the processing of grievance, 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 prior approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. Procedure: Grievances, as defined by Section 6.1 shall be resolved in conformance ~vith the following procedure: Step 1. An employee claiming a violation concerning the interpretation or application of this Agreement shall, within fourteen (14) 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 Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) 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. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer designated Step 2 representative. The Employer designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A 4 S: IDOCUMENl~Union231-O4. DOC 6.5 grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer designated representative's 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. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer- designated representative shall give the Union the Employer's answer in writing within twenty-one (21) 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 representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Union may be submitted to the Minnesota Bureau of Mediation Services for mediation or to arbitration within ten (10) calendar days following the Employer-designated representative's final Step 3 answer. If the grievance is submitted to mediation and is not resolved, it may be appealed to arbitration within ten (10) calendar days following the Employer-designated representative's final Step 4 answer. If the parties are unable to agree on the selection of an arbitrator, the Union shall request a list of arbitrators to be submitted to the parties by the Bureau of Mediation Services. Arbitrator's Authority: 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. The arbitrator shah be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty 00) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representatives and wimesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 5 S : IDOCUMENT~ Union231-04.DOC 6.6 Waiver: If a grievance is not presented within the time limits set forth above, it shah be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shah 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 grievances 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. ARTICLE VII. SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Elk River. In the event any provisions of this Agreement shah 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 limits provided, such provision shah be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE VIII. SENIORITY 8.1 8.2 8.3 Seniority shah be determined by the regular full time employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 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 regular full time employee may be replaced in the employee's previous position at the sole discretion of the Employer. A reduction of the work force will be accomplished on the basis of seniority. Regular full time employees shall be recalled from layoff on the basis of seniority. A qualified regular full time employee on layoff shah have an opportunity to return to work within two (2) years of the time of his/her layoff before any new employee is hired. 8.4 Senior regular full time employees will be given preference with regard to transfer, job classification, assignments and promotions when the job-relevant qualifications of employees are equal. 8.5 Two continuous vacation periods shah be selected on the basis of seniority until April 1 of each calendar year. ARTICLE IX. DISCIPLINE 9.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: 6 S: IDOCUMEN23 Union231-04.DOC a. oral reprimand; b. written reprimand; c. suspension; d. demotion; or, e. discharge. 9.2 Suspensions, demotions and discharges will be in written form. 9.3 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 will receive a copy of such reprimands and/or notices. 9.4 Employees may examine their own individual personnel fries at reasonable times under the direct supervision of the Employer. 9.5 Employees will 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. 9.6 Grievances relating to this Article shah be initiated by the Union in Step 3 of the grievance procedure under Article VI. ARTICLE X. CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE Xl. WORK SCHEDULES 11.1 11.2 The normal work year for regular full time employees is two thousand and eighty (2080) hours, to be accounted for by each employee through: hours worked on assigned shifts; holidays; assigned training; or, authorized leave time. Nothing contained in this or any other Article shah be interpreted to be a guarantee of the minimum or maximum number of hours the Employer may assign employees. ARTICLE Xll. OVERTIME 12.1 Employees will be compensated at one and one-half (11/2) times the employee's regular base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 7 S.'IDOCUMENT~ Union231-04.DOC 12.2 12.3 12.4 12.5 12.6 Overtime will be distributed as equally as practicable. Overtime refused by employees will, for record purposes under Article 12.2, be considered as unpaid overtime worked. For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. Overtime ~vill be calculated to the nearest fifteen (15) minutes. Employees have the obhgation to work overtime or call backs as requested by the Employer unless unusual circumstances prevent the employee from so working. The minimum call back will be two hours. ARTICLE Xlll. COURT TIME A regular full time employee who is required to appear in Court during the employee's scheduled off-duty time shall receive a minimum of two (2) hours' pay at one and one-half (11/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift does not qualify the regular full time employee for the two (2) hour millililUm. It is the responsibility of the regular full time employee to contact the County Attorney's Office to verify scheduled court appearances. If the regular full time employee contacts the County Attorney's Office at 4:30 p.m., or later, for a court appearance schedule on the following day and court has not been canceled at the time of employee contact, but is subsequently canceled, the regular full time employee is eligible for a minimum twenty-five dollar ($25.00) payment. Under no circumstances will the regular full time employee be eligible to receive both the $25.00 court cancellation fee outlined in this paragraph and the two (2) hours' pay rate for court appearances as outlined in the preceding paragraph. ARTICLE XlV. INSURANCE See Appendix A. ARTICLE XV. STANDBY PAY Regular full time employees required by the Employer to standby shall be paid for such standby time at the rate of one-half (1/2) hours' pay for each hour on standby. ARTICLE X¥1. UNIFORMS Uniforms for regular full time employees damaged beyond reasonable repair in the line of duty shall be replaced by the Employer, subject to reasonable depreciation calculated by the Employer. Each regular full time employee will be credited with an annual uniform allowance account to be used on a voucher system basis. The investigator(s) and the juvenile liaison officer(s) shall be permitted to receive up to fifty percent (50%) of the annual S: IDOCUMENI~ Union231-04.DOC uniform allowance on a cash basis. All items to be charged to the Employer by the regular full time employee on the voucher system basis must receive prior approval of the Police Chief. The amount charged shah not exceed the outstanding balance in the employee's uniform allowance account. The uniform allowance will be $595.00 for 2004. ARTICLE X¥11. INJURY ON DUTY Regular full time employees injured during the performance of their duties for the Employer shall be paid the difference between the full time employee's regular pay and worker's compensation insurance payments for a period not to exceed forty-five (45) working days per injury, not charged to the regular full time employee's vacation, sick leave or other accumulated leave time, for full shifts off work due to injury, in addition to any partial shifts off of work on the initial day of injury, and after three (3) working days initial waiting period per injury. The three (3) working day waiting period shaU be charged to the regular full time employee's sick leave account less worker's compensation insurance payments. ARTICLE XVlII. SICK LEAVE 18.1 Regular full time employees shall accrue one day of sick leave per month and each major fraction thereof, with no maximum accrual limit. A regular full time employee shall notify the Employer before the start of the scheduled shift or as soon as possible thereafter of his/her inability to report for duty. The Employer may require of regular full time employees proof of illness for any use of sick leave. In cases of extended illness, regular full time employees shall notify the Employer of their stares in regards to his/her return to duty weekly. 18.2 Eligible employees may use sick time for the following reasons: 18.3 Personal illness or injury or in order to attend medical appointments (i.e. doctors, dentists); To care for sick dependents; To take dependents to medical appointments (i.e., doctor, dentists), and, Up to five (5) days in any calendar month to care for seriously ill family members who may not live with the employee. For purposes of this provision, "seriously ill" shall be determined in the sole discretion of the City Administrator. The following procedures shall be followed in the admimstration of payment of sick leave to regular full time employees at termination: Provided all of the following conditions are satisfied, an employee shall be entided to a cash payment for unused sick time: i.) The employee must resign in good standing; and ii.) The employee must provide written notice of his/her resignation to the City at least two (2) weeks in advance of the employee's last day of work; and, iii.) The employee must have worked for the City for at least five (5) consecutive years. S: IDOCUMENT~ Union231-04.DOC b. Payment shah be based on the consecutive years of service completed by the employee and his/her accrued sick leave balance. i.) An employee terminating after completing five (5) years of consecutive service will receive payment for fifteen percent (15%) of his/her accumulated sick leave balance up to a maximum of one hundred forty-four (144) hours of pay. Payment shall be at the current rate of pay. ii.) An employee terminating after completing fifteen (15) years of consecutive service will receive payment for twenty percent (20%) of his/her accumulated sick leave balance up to a maximum of one hundred ninety-two (192) hours of pay. Payment shall be at the current rate of pay. c. The accumulation of sick time in excess of nme hundred sixty (960) hours shall not be subject to payment under this policy. However, employees may continue to accumulate sick time in excess of nine hundred sixty (960) hours as a form of income protection in the event of unexpected long-term illnesses during their employment. ARTICLE XlX. BEREAVEMENT LEAVe: Regular full-time and regular part-me employees working a minimum of 1040 hours per year are permitted a paid Bereavement leave when a death occurs in their family. Bereavement leave is prorated for eligible regular part-time employees according to the number of hours worked. Leave with pay is limited to the following: Up to five (5) days Husband, Wife, Mother, Father, Son, Daughter, Borther, Sister, Step Mother, Step Father, Step Son, Step Daughter, Step Brother, Step Sister Up to three (3) days Son-In-Law, Daughter-In-Law, Mother-In-Law, Father-In-Law, Grandparent, Grandchild One (1) day Employee's Aunt, Uncle, Cousin, Niece, Nephew, Sister-In-Law, Brother-In-Law, Godchild Additional time off for bereavement leave may be granted and charged to vacation leave or compensatory time, if any. ARTICLE XX. VACATION Regular full time employees shall accrue paid vacation leave on the following schedule: 0 through 5 years of service After 5 years of service After 7 years of service After 9 years of service After 11 years of service After 13 years of service - 3.38 hours per biweekly pay period - 4.31 hours per biweekly pay period - 4.62 - 4.92 - 5.23 - 5.54 hours per biweekly pay period hours per biweekly pay period hours per biweekly pay period hours per biweekly pay period 10 S: IDOCUMENI~ Union231-04.DOC After 15 years of service After 17 years of service After 18 years of service After 19 years of service After 20 years of service After 21 years of service - 5.85 hours per - 6.16 hours per - 6.46 hours per - 6.77 hours per - 7.08 hours per - 7.38 hours per biweekly pay period biweekly pay period biweekly pay period biweekly pay period biweekly pay period biweekly pay period Regular full-time and regular part-me employees may carry forward from one year to the next unused vacation time up to an amount equal to the total number of vacation days eligible for use during the previous year. ARTICLE XXl. HOLIDAYS Regular full time employees shall be entitled to eleven (11) days pay or eleven (11) days time off ~vork with pay, in lieu of holiday pay or designated holidays off work, on a pro-rated basis for each month or major fraction thereof worked with the Employer. Employees scheduled to work on the following holidays will receive an additional one-half (1/2) times pay for each additional hour worked: New Year's Day Marlin Luther IGng Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Day Christmas Eve Day Christmas Day Regular full time employees who leave the employment of the Employer under honorable conditions shall be paid holiday time earned on a pro-rated basis for the months of service ~vorked in that calendar year. Regular full time employees leaving the employment of the Employee during a calendar year who have utilized more holiday time than would be earned on a pro-rated basis will be required to reimburse the Employer for time taken and not earned. Payment in lieu of holiday time off of work, or days off of work in lieu of holidays will be on the basis of straight time. Payment of unused holiday time shall be made by the Employer to employees each calendar year between December 1st and December 15th. ARTICLE XXlI. FALSE ARREST INSURANCE The Employer agrees to provide and pay the premiums due thereon for False Arrest Insurance to cover the employees required to have this coverage. ARTICLE XXlll. MILEAGE ALLOWANCE The Employer agrees to reimburse any employee required to use his/her own auto per the mileage allowance policy in effect for all city employees. 11 S: IDOCUMENI~ Union231-04.DOC ARTICLE XXlV. COMPENSATORY TIME PROVISIONR Regular full time employees may be allowed to accumulate either overtime worked at the rate provided for in Article XII or compensatory time at the rate of one and one-half (1 times the excess hours worked. Employees may use compensatory time off duty with pay, subject to prior approval of the Employer. Compensato~ time in excess of forty (40) h0uzs accumulated but not used as time off with pay shall be paid by the Employer between December 15th and December 31~'t of each calendar year. Not more than forty (40) hours of compensato~ time shall be camed from one year to the next. ARTICLE XXV. WAGES See Appendix A. ARTICLE XXVl. WAGE INCENTIVE PROGRAM See Appendix A. ARTICLE XXVll. P.O.S.T. LICENSURE See Appendix A. ARTICLE XXVlll. WAIVER Any and all prior agreements, resolutions, policies, rules, and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. The parties mutually acknowledge that during the negotiations that resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment not specifically referred to or covered by this Agreement, even though such terms and/or conditions may have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE XXVIX. DURATION This Agreement shall be effective as of January 1, 2004, and shall remain in full force and effect until December 31, 2004. 12 S: IDOCUMENI1Union2 31-O4.DOC IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this __ day of ., 2003. FOR THE CITY OF ELK RIVER FOR LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL 231 Stephanie Klinzing, Mayor Patrick D. ICdaers, City Admimstrator 13 S: IDOCUMENTI Union231-04.DOC APPENDIX A A.1 A.2 A.3 A.4 A.5 Regular Full Time Police Officer/Wage Rates - 1/1/04 - 12/31/04 2003 Start After 12 months of continuous employment After 24 months of continuous employment After 36 months of continuous employment Monthly Hourly 3,012.62 $17.38 3,479.55 20.07 3,946.48 22.76 4,415.86 25.47 The wage rates listed above shall be used for purposes of calculating overtime, holiday pay, incentive pay, and other items that rely on a base wage rate. Investigator, Juvenile/School Liaison Officer and Corporal Compensation for individuals assigned to duties of the listed positions shall be at the rate of 4.5% above the base rate of pay. Insurance Contribution The Employer agrees to provide a combined payment of wage and insurance benefits to regular full time employees. For computation of various benefits pursuant to this Agreement, the maximum monthly Employer contribution for health, life, and single dental insurance for each regular full time employee will be $526.00. Canine Officer Regular full time employees assigned to the duties of the Canine Officer position shall use the last one-half (1/2) hour of the daily work shift for maintenance, grooming, feeding, kennel cleaning, and similar duties related to the general care and well being of the dog. When not scheduled on a work shift, regular full time employees assigned to the duties of the Canine Officer position shall be compensated for one-half (1/2) hour of overtime for care of the dog. Wage Incentive Program A Wage Incentive Program is offered to regular full time employees who may participate in the program on a voluntary basis. An employee will earn the following amounts provided that the employee meets the established guidelines for all the identified categories. After 5 years Up to 3% of top patrol After 9 years Up to 4.5% of top patrol After 13 years - Up to 6% of top patrol After 17 years - Up to 7.5% of top patrol A-1 A.6 A.7 P.O.S.T. Licensure The Employer shall reimburse employees for the cost of P.O.S.T. License renewal. Effective Date This Agreement (all items contained in Appendix A) shall be effective as of January 1, 2004, and shall remain in full force and effect until December 31, 2004. A-2