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.
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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:
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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).
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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
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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
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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
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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
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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
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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.
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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
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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
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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