4.8. SR 01-22-2013City tof
REQUEST FOR ACTION
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To
ITEM NUMBER
Mayor and City Council
4.8
AGENDA SECTION
MEETING DATE
PREPARED BY
Consent
January 22, 2013
Lauren Wipper, Human Resource
Representative
ITEM DESCRIPTION
REVIEWED By
Approve Master Labor Agreements Between the City of Ella
Cal Portner, City Administrator
REVIEWED BY
River and Law Enforcement Labor Services Locals 231 and 271
for January 1, 2013 to December 31, 2015
ACTION REQUESTED
Motion to approve Master Labor Agreement (Contract) between the City of Elk River and Law
Enforcement Labor Services (LELS) Locals 231 and 271 for January 1, 2013, to December 31, 2015.
BACKGROUND/ DISCUSSION
City staff has reached agreement with both the patrol labor union (LELS 231) and sergeant labor union
(LELS 271). The agreed to provisions of the contracts are consistent with previous council discussions
and are the same for both union groups.
Agreed to terms are as follows:
Uniforms The uniform allowance will increase by $20 each year.
Vacation The vacation language has been changed to be consistent with the city Personnel Policy
Manual
Compensatory Time Provisions Employees will be allowed to cash out compensatory time only in June and
December
Rage Bates Cost of living adjustment of 2% will be given on January 1 of each year, 2013, 2014 and
2015; Market adjustments will be provided as follows: 1.5% on January 1, 2013, 1.5% on
July 1, 2014, and 1% on July 1, 2015, if below average of comparison group
FINANCIAL IMPACT
Cost of living and uniform allowance increases were included in the 2013 budget. The 2013 market
adjustment, wage and benefits of approximately $34,600 for both union groups in total, will be taken out
of fund balance reserves (General Fund) and included in the 2013 year -end adjustments. Future year's
costs will be accounted for during the budgeting process.
ATTACHMENTS
• Master Labor Agreement between The City of Elk River and Law Enforcement Labor
Services, Inc. (Local 231)
• Master Labor Agreement between The City of Elk River and Law Enforcement Labor
Services, Inc. (Local 271)
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INDEX
ARTICLE I. PURPOSE OF INTENT ..................................................... ..............................1
ARTICLEII. RECOGNITION ................................................................ ..............................1
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 X7VI. UNIFORMS .................................................................... ..............................8
ARTICLE X'VII. INJURY ON DUTY .................................................... ..............................9
ARTICLE XVIII. SICK LEAVE .............................................................. ..............................9
ARTICLE XIX. BEREAVEMENT LEAVE ...................................... ............................... 10
ARTICLE XX. VACATION ................................................................. ............................... 10
ARTICLE XXI. HOLIDAYS ................................................................ ............................... 11
ARTICLE XXII. INVESTIGATOR ON- CALL ............................... ............................... 12
ARTICLE XXIII. FALSE ARREST INSURANCE .......................... ............................... 12
ARTICLE XXIV. MILEAGE ALLOWANCE .................................. ............................... 12
ARTICLE XXV. COMPENSATORY TIME PROVISIONS ........ ............................... 12
ARTICLEXXVI. WAGES .................................................................... ............................... 13
ARTICLE XXVII. WAGE INCENTIVE PROGRAM ................... ............................... 13
ARTICLE XXVIII. P.O.S.T. LICENSURE ....................................... ............................... 13
ARTICLE XXIX. WAIVER .................................................................. ............................... 13
ARTICLE XXX. DURATION ............................................................. ............................... 13
APPENDIX.............................................................................................. ............................... Al
This Agreement is entered into as of January 1, 2011, between the City of Ell-, River,
hereinafter called the Employer, and the Law Enforcement Labor Services, Inc. (LELS),
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 forin the parties' agreement upon terms and conditions of
employment for the duration of this Agreement.
2.1 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:
Police Officer
2.2 In the event the Employer and the Union are unable to agree as to the inclusion or
exclusion of a new or inodified job class, the issue shall be submitted to the Bureau
of Mediation Services for determination.
3.1 UNION: Law Enforcement Labor Services, Inc. (LE LS) Local No. 231.
3.2 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc.,
(Local No. 231).
3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit.
3.4 DEPARTMENT: The City of Ell-, River Police Department
3.5 EMPLOYER: The City of Ellk. River
3.6 CHIEF: The Chief of the City of Ell-, River Police Department
3.7 UNION OFFICER: Officer elected or appointed by the Law Enforcement Labor
Services, Inc., (Local No. 231).
3.8 INVESTIGATOR and JUVENILE /SCHOOL LIAISON OFFICER: 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.
3.9 OVERTIME: Work performed at the express authorization of the Employer in
excess of the employee's scheduled shift.
3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch
break.
3.11 REST BREAKS: Periods during the scheduled shift during which the employee
remains on continual duty and is responsible for assigned duties.
3.12 LUNCH BREAK: A period during the scheduled shift during which the employee
remains on continual duty and is responsible for assigned duties.
3.13 STRIKE: Concerted action in failing to report for duty, the willful absence from
one's position, the stoppage of work, slowdown, or abstinence in whole or in part
from die 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.
3.14 COMPENSATORY TIME: Time off a regularly scheduled shift with pay in lieu of
overture pay, taken with prior approval of the Employer.
3.15 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:
a. Police Officer: Twelve (12) months from date of hire.
b. Promotion: Six (6) months from the date of promotion.
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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 litnited 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 tune, 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, mmethods, 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 modif T, establish, or
elitminate.
5.1 The Employer shall deduct from the wages of employees who authorize such a
deduction, in writing, an atmount 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 menmber of the Union. Such monies shall be
remitted directly to the Union monthly.
5.2. 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.
5.3 The Employer shall snake space available on the employee's bulletin board for
posting Union notice(s) and announcement(s).
5.4 The Union agrees to indemnif T and hold the Employer harmless against any and all
claitms, suits, orders, or judgments brought or issued against the Ennployet as a result
of any action taken or not taken by the Employer under the provisions of this
Article.
6.1 Definition of a Grievance: A grievance is defined as a dispute or disagreement as to
the interpretation or application of the specific terms and conditions of this
Agreement.
6.2 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 d1e Employer,
in writing, of the naives of such Union representatives and of their successors when
so designated as provided by Section 5.2 of this Agreement.
6.3 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 dune 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.
6.4 Procedure: Grievances, as defined by Section 6.1 shall be resolved in conformance
with the following procedure:
Step 1. An employee claivming a violation concerning the interpretation or
application of this Agteernent 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 witivn ten (10) calendar days after receipt of such Step 2 grievance. A
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.
6.5 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 of law. The arbitrator's
decision shall be submitted in writing within thirty (30) days following the
close of the hearing or the submission of briefs by the parties, whichever be
later, unless the parties agree to an extension. The decision shall be binding
on both the 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.
C. The fees and expenses for the arbitrator's services and proceedings shall be
borne equally by the Employer and the Union, provided that each party shall
be responsible for compensating its own representatives and witnesses. If
either party desires a verbatim record of the proceedings, it may cause such a
record to be made, providing it pays for the record. If both parties desire a
verbatim record of the proceedings, the cost shall be shared equally.
6.6 Waiver: If a grievance is not presented withiri the time lunits set forth above, it shall
be considered "waived." If a grievance is not appealed to the next step within the
specified tithe 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 tithe 1units, the Union may elect
to treat the grievances as denied at that step and immediately appeal the grievance to
the next step. The time liuzit in each step may be extended by mutual written
agreement of the Employer and the Union in each step.
This Agreement is subject to the laws of the United States, the State of Minnesota and the
City of Ella River. In the event any provisions 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 li- nits provided, such provision 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.
8.1 Seniority shall be determined by the regular full tune 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.
8.2 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.
8.3 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 shall 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 shall be selected on the basis of seniority until
April 1 of each calendar year.
9.1 The Employer will discipline employees for just cause only. Discipline will be ill one
or more of the following forms:
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 thew- own individual personnel files at reasonable trines
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 shall be initiated by the Union in Step 3 of the
grievance procedure under Article VI.
Employees shall have the rights granted to all citizens by the United States and Minnesota
State Constitutions.
11.1 The normal work year for regular full time employees is two thousand and eighty
(2080) hours, to be accounted for by each employee through:
a. hours worked on assigned shifts;
b. holidays;
C. assigned training; or,
d. authorized leave tune.
11.2 Notliing contained in this or any other Article shall be interpreted to be a guarantee
of the minimum or maximum number of hours the Employer may assign employees.
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12.1 Employees will be compensated at one and one -half (1' /2) tunes 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.
12.2 Overtime will be distributed as equally as practicable.
12.3 Overtime refused by employees will, for record purposes under Article 12.2, be
considered as unpaid overtime worked.
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12.4 For the purpose of computing overtime compensation, overtime hours worked shall
not be pyramided, compounded, or paid twice for the same hours worked.
12.5 Overtime will be calculated to the nearest fifteen (15) minutes.
12.6 Employees have the obligation 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.
A regular full time employee who is required to appear in Court during the employee's
scheduled off -duty timc shall receive a minimum of three (3) hours' pay at one and one -half
(1' /a) tunes 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 three (3) hour
minitnum. An employee who works a power or night shift shall receive a minimum of three
(3) hours pay at two (2) tithes the Employee's base pay rate if the Employee is required to
appear in court prior to 1:00 p.m. that same day.
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 payment of
one and one -half hours (1 ' /a) of pay. Under no circumstances will the regular full time
employee be eligible to receive both the one and one -half hours (1 ' /z) court cancellation pay
outlined in this paragraph and the three (3) hours' pay rate for court appearances as outlined
in the preceding paragraph.
See Appendix A.
W :AM167
Regular full time ernployees required by the Employer to standby shall be paid for such
standby time at the rate of one -half (' /a) hours' pay for each hour on standby.
Regular full tune employees will be credited with an annual uniform allowance account to be
used on a voucher system basis. The uniform allowance will be $785.00 for 2013, $805.00
for 2014 and $825.00 for 2015. The investigator(s) and the juvenile liaison officer(s) shall be
permitted to receive up to fifty percent (50 %) of the annual 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
shall not exceed the outstanding balance in the employee's uniform allowance account.
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. An employee who has submitted a notice either verbally or in writing to
terminate employment shall no longer be allowed to purchase uniforms under this section
and no reimbursernent shall be made for any purchases after the verbal or written
notification, whichever comes earlier, of intent to terminate has been received. An employee
who fails to successfully complete field training shall return all equipment and uniforms
purchased under this section to the Police Chief before leaving employment. Items not
returned as required by this policy will be deducted from the employee's last paycheck. All
such deductions will be based on the purchase price of the equipment not returned.
Regular full time employees injured during the performance of their duties for the Employer
shall be paid the difference between the full tune employee's regular pay and v orker's
compensation insurance payments for a period not to exceed forty -five (45) working days
per injury, not charged to the regular full tilne employee's vacation, sick leave or other
accumulated leave tune, 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 shall be charged to the regular full time
employee's sick leave account less worker's compensation insurance payments.
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18.1 Regular full tithe employees shall accrue one day of sick leave per month and each
major fraction thereof, with no maximum accrual limit. A regular full trine 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 requite
of regular full tune 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 status
in regards to his /her return to duty weekly.
18.2 Eligible employees tnay use sick tune for the following reasons:
a. Personal ilhiess or injury or in order to attend medical appointments (i.e.
doctors, dentists);
b. To care for sick dependents;
C. To take dependents to medical appointments (i.e., doctor, dentists), and,
d. 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.
18.3 An employee resigning his /her employment with the City may be eligible for a cash
payment for unused sick leave if all of the following conditions are rnet:
1. The employee must resign in Good Standing (employee is not being
terminated by the City); and
2. The employee must provide proper written notice of his /her
resignation in accordance with the City Resignation Policy; and
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The employee must execute a release of claims.
Payment shall be based on the consecutive years of service completed by the
employee and his /her accrued sick leave balance.
1. An employee terminating after completing two (2) years of
consecutive service will receive payment for fifty percent (50 %)
of his /her accumulated sick leave balance up to a maximum
payment for four hundred eighty (480) hours. Payment shall be at
the current rate of pay when the resignation is submitted.
Any accumulated sick leave in excess of nine hundred sixty (960) hours is not eligible
for payment under this policy. Employees may continue to accumulate sick leave in
excess of nine hundred sixty (960) hours to be used in accordance with the Family
Medical Leave Act.
Regular full-tune and regular part -tune 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 -tome 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, Brother, 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, Gtandparents -In -Law
Additional time off for bereavement leave may be granted and charged to vacation leave or
compensatory tune, if any.
Regular full time employees shall accrue paid vacation leave on the following schedule:
Length of Service
From start of employment through
completion of the 5th year
Beginning of the 0 year through
completion of the 7tI' year
10
Accrual Rate
88 working hours per year
112 working hours per year
Beginning of the 811 year through
completion of the 9th year 120 working hours per year
Beginning of the 1011 year through
completion of the 1111 year 128 working hours per year
Beginning of the 121i year through
completion of the 13th year 136 working hours per year
Beginning of the 14th year through
completion of the 151h year 144 workuig hours per year
Beginning of the 10h year through
completion of the 17t11 year 152 working hours per year
Beginning of the 18th year 160 working hours per year
Beginning of the 19t11 year 168 workuig hours per year
Beginning of the 20th year 176 working hours per year
Beginning of the 211t year 184 working hours per year
Beginning of the 22nd year through
completion of the 24th year 192 working hours per year
Beginning of the 2511 year and thereafter 200 workv g hours per year
Regular full-tune and regular part -tune employees may carry up to 240 hours of unused
vacation forward from one year to the next.
Regular full tune employees shall be entitled to eleven (11) days pay or eleven (11) days time
off work 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 hour worked;
New Year's Day
Martin Luther Kung 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
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worked in that calendar year. Regular full tune employees leaving the employinent of the
Employee during a calendar year who have utilized more holiday tune than would be earned
on a pro -rated basis will be required to revnburse the Employer for tune taken and not
earned. Payment in lieu of holiday tune off of work, or days off of work in lieu of holidays
will be on the basis of straight tune. Payment of unused holiday time shall be inade by the
Employer to employees each calendar year between December 1St and December 15111.
. -
Investigators shall be assigned on -call duty on a weeldy basis by the Police Chief.
Investigators will not be regularly scheduled to work the above referenced eleven (11)
holidays and will receive eight (8) hours regular pay for each designated holiday.
01
The Employer agrees to provide and pay the prerniutns due thereon for False Arrest
Insurance to cover the employees requited to have this coverage.
The Employer agrees to revnbutse any employee required to use his /her own auto per the
mileage allowance policy in effect for all city employees.
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' /2)
tunes the excess hours worked. Employees may use compensatory tune off duty with pay,
subject to prior approval of the Employer. Employees may cash out accrued but unused
compensatory time during a regular pay period in the month of June of each year. The City
Administrator may approve compensatory tithe to be cashed out during a regular pay period
at other tunes during the year due to unforeseen, extenuating circumstances. Compensatory
tithe in excess of forty (40) hours accumulated but not used as tithe off with pay shall be
paid by the Employer between December 1St and December 31St of each calendar year. Not
more than forty (40) hours of compensatory time shall be carried from one calendar year to
the next.
All hours reimbursed by a third party are not subject to the above compensatory time
provisions. All hours paid to an employee that are unvoiced to or reimbursed by a third
party will be paid to the employee and shall not be banked as compensatory time. A third
patty is defined as any person or organization contracting formally or informally with the
City for police services that is invoiced for or pays the City for such services. Services
provided to ISD 728 for athletic and other customary events are not considered thud patty.
ISD 728 events that are special or one tithe events are considered third patty. Hours
charged to grants shall be dictated by the terms of the grant.
12
See Appendix A.
See Appendix A.
See Appendix A.
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.
This Agreement shall be effective as of January 1, 2013, and shall remain in full force and
effect until December 31, 2015.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
day of , 20
FOR THE CITY OF ELK RIVER FOR LAW ENFORCEMENT
LABOR SERVICES, INC.
LOCAL 231
John Dietz, Mayor
Business Agent
Calvin P. Portner, City Administrator Union Steward
13
A.1 Regular Full Time Police Officer /Wage Rates - 1/l/13-12/31/15
2013, 2014 and 2015 Wages will be paid in accordance with the table below.
The wage rates listed in the table below shall be used for purposes of calculating
overtime, holiday pay, incentive pay, and other items that rely on a base wage rate.
Regular Full Time Police Officer Wage Rates:
1113 1114 7114 1115 7115*
Start $ 22.01 $22.45
$22.79
$23.25
$23.48
After 12 mths of continuous employment 25.41 25.91
26.31
26.83
27.10
After 24 mths of continuous employment 28.81 29.39
29.83
30.43
30.73
After 36 mths of continuous employment 32.24 32.89
33.38
34.05
34.39
July 1, 2015 increase will be given if, on June 1, 2015, the January 1,
2015 top rate is
below the average of the approved comparison group.
A.2 Investigator and -juvenile /School Liaison Officer
Compensation for individuals assigned to duties of the listed positions shall be at the
rate of 4.5% above the base rate of pay.
A.3 Insurance Contribution
The Employer agrees to provide a combined payment of wage and insurance
benefits to regular full tune employees. For computation of various benefits
pursuant to this Agreement, Union employees will participate in and receive the
same insurance benefits as the City's non -union employees.
AA Post Retirement Health Care Savings Plan
Employees shall contribute $65.00 per month to the Post Retirement Health Care
Savings Plan.
A.5 Canine Officer
Regular full tune 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 tithe
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.
A -1
A.6
A.7
..
Field Training Officer (FTO) Pay
Employees assigned Field Training Officer duties shall be paid one and one -half (1
1/2) hours per day while performing FTO duties.
Wage Incentive Program
A Wage Incentive Prograin is offered to regular full tune employees who may
participate in the program on a voluntary basis. An employee will earn the following
amounts provided that the employee ineets 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
P.O.S.T. Licensure
The Employer shall reimburse employees for the cost of P.O.S.T. License renewal.
A.9 Effective Date
This Agreement (all items contained in Appendix A) shall be effective as of January
1, 2013, and shall remain in full force and effect until December 31, 2015.
A.10 Shift Differential
Effective July 1, 2012, employees who work a regular shift that starts between 6:00
p.m. and 11:59 p.m. shall be paid a shift differential of $.25 for each hour actually
worked. Special detail, special projects, and other non - regular shifts do not qualify
for shift differential. This provision does not apply to the "Power" shift.
A -2
INDEX
ARTICLE I. PURPOSE OF AGREEMENT ................................................................ ..............................1
ARTICLE II. RECOGNITION ...................................................................................... ..............................1
ARTICLE III. DEFINITIONS ....................................................................................... ..............................1
ARTICLE IV. UNION SECURITY ............................................................................. ............................... 2
ARTICLE V. EMPLOYEE AUTHORITY ................................................................. ............................... 2
ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ............... ............................... 2
ARTICLE VII. SAVINGS CLAUSE ............................................................................ ............................... 4
ARTICLE VIII. WORK SCHEDULES ....................................................................... ............................... 5
ARTICLEIX. OVERTIME ........................................................................................... ............................... 5
ARTICLE X. COMPENSATORY TIME .................................................................... ............................... 5
ARTICLE XI. SHIFT DIFFERENTIAL 6
ARTICLE XII. COURT TIME ...................................................................................... ............................... 6
ARTICLE XIII. STANDBY PAY ................................................................................. ............................... 6
ARTICLE XIV. DISCIPLINE ....................................................................................... ............................... 6
ARTICLE XV. SENIORITY .......................................................................................... ............................... 7
ARTICLE XVI. PROBATIONARY PERIODS ........................................................ ............................... 7
ARTICLE XVII. UNIFORMS ....................................................................................... ............................... 7
ARTICLE XWIII. SICK LEAVE ................................................................................... ............................... 7
ARTICLE XIX. INJURY ON DUTY .......................................................................... ............................... 9
ARTICLEXX. VACATION .......................................................................................... ............................... 9
ARTICLE XXI. BEREAVEMENT LEAVE .............................................................. .............................10
ARTICLEXXIL HOLIDAYS ....................................................................................... .............................10
ARTICLE XXIII. LEAVES OF ABSENCE ............................................................... .............................10
ARTICLEXXIV. INSURANCE ................................................................................... .............................10
ARTICLEXXV. WAIVER ............................................................................................. .............................11
ARTICLEXXVI. DURATION ..................................................................................... .............................11
APPENDIX........................................................................................................................ .............................12
r
BETWEEN
CITY OF
�. D;
This AGREEMENT is entered into between the City of Ella Rivet hereinafter called the EMPLOYER,
and Law Enforcement Labor Services, Inc., Local No. 271, hereinafter called the UNION.
The intent and purpose of this AGREEMENT is to:
1.1 Establish certain hours, wages, and other conditions of employment;
1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S
interpretation and /or application;
1.3 Specify the full and complete understanding of the parties; and
1.4 Place in written forrn the parties' full agreement upon terms and conditions of employment for
the duration of this AGREEMENT.
The EMPLOYER and the UNION, through this AGREEMENT, continue their dedication to the
highest quality of public service. Both parties recognize this AGREEMENT as a pledge of this
dedication.
2.1 The EMPLOYER recognizes the UNION as the exclusive representative for all employees in a
unit certified by the State of Minnesota Bureau of Mediation Services in Case No. 00 -PCE -483
as:
All Sergeants employed by the City of Ell, River Police Department, Ell, Rivet,
Minnesota, who are public employees within the meaning of Minn. Stat. 179A.03, subd.
14, excluding non - supervisory, non- essential and confidential employees.
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.
is f
3.1 UNION: Law Enforcement Labor Services, Inc. (LELS), Local No. 271.
3.2 EMPLOYER: The City of Ell, Rivet.
3.3 UNION MEMBER: A member of Law Enforcement Labor Services, Inc., Local No. 271.
3.4 EMPLOYEE: A member of the exclusively recognized bargaining unit.
3.5 DEPARTMENT: The City of Elk River Police Department.
3.6 CHIEF: The Chief of the City of Ella River Police Department.
3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services, Inc.,
Local No. 271
ARTICLE IV - UNION SECURITY
In recognition of the UNION as the exclusive representative the EMPLOYER shall:
4.1 Deduct each payroll period an ainount sufficient to provide the payment of dues established by
the UNION from the wages of all employees authorizing in writing such deduction or a fair
share fee deduction, as provided in Minnesota Statutes 179A.06 subd. 3; and
4.2 Remit such deduction to the appropriate designated officer of the UNION.
4.3 The UNION may designate certain employees froin the bargaining unit to act as stewards and
shall inform the EMPLOYER in writing of such choice.
4.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all
claims, suits, orders, or judgments brought or issued against the City as a result of any action
taken or not taken by the City under the provisions of this Article.
4.5 The EMPLOYER agrees to make space available on the EMPLOYER bulletin board for the
posting of official UNION notice(s) and announcements.
ARTICLE V - EMPLOYER AUTHORITY
5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower,
facilities, and equipment; to establish functions and programs; to set and amend budgets; to
deterni-ne the utilization of technology; to establish and modify the organizational structure; to
select, direct and determine the nwnbet of personnel; to establish work schedules; and to
perform any inherent managerial function not specifically 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 modif T,
establish or eliminate.
ARTICLE VI - EMPLOYEE RIGHTS- GRIEVANCE PROCEDURE
6.1 DEFINITION OF A GRIEVANCE
A grievance is defined as a dispute or disagreement as to the interpretation or application of the
specific terns and conditions of this AGREEMENT.
2
6.2 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.
6.3 PROCESSING Or 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 the 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 the EMPLOYEE and the UNION REPRESENTATIVE have
notified and received the approval of the designated supervisor who has deteriniled that such
absence is reasonable and would not be detrimental to the work progiains of the EMPLOYER.
6.4 PROCEDURE
Grievances, as defined by Section 6.1, shall be resolved in conformance with the following
procedure:
Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of
this AGREEMENT shall, within twenty -one (21) calendar 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, and the remedy requested and shall be appealed to Step 2 within ten (10)
calendar days after the EMPLOYER - designated representative's 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, die 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 widiin ten
(10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2
may be appealed to Step 3 widiin ten (10) calendar days following the EMPLOYER - designated
representative's filial Step 2 answer. Any grievance not appealed in writing to Step 3 by die
UNION within ten (10) calendar days shall be considered waived.
Step 3. A grievance unresolved in Step 2 and appealed in Step 3 inay be submitted to the
Minnesota Bureau of Mediation Services. A grievance not resolved in Step 3 inay be appealed
to Step 4 widiii ten (10) calendar days following the EMPLOYER'S filial answer in Step 3.
Any grievance not appealed in writing to Step 4 by flee UNION within ten (10) calendar days
shall be considered waived.
3
Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to
arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as
amended. The EMPLOYER and the Union representative shall endeavor to select a mutually
acceptable arbitrator to hear and decide the grievance. If the parties cannot agree on an
arbitrator, the selection of an arbitrator shall be made in accordance with the "Rules Governing
the Arbitration of Grievances" as established by the Bureau of Mediation Services.
6.5 ARBITRATOR'S AUTHORITY
A. The arbitrator shall have no right to amend, modify, 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 of law. The arbitrator's decision shall be submitted in
writing widnuz thirty (30) days following the close of the hearing or the submission of
briefs by the parties, whichever be later, unless the parties agree to an extension. The
decision shall be binding on both the 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.
C. The fees and expenses for the arbitrator's services and proceedings shall be borne
equally by the EMPLOYER and the UNION provided that each party shall be
responsible for compensating its own representatives and witnesses. If either party
desires a verbatim record of the proceedings, it may cause such a record to be made,
providing it pays for the record. If both parties desire a verbatim record of the
proceedings the cost shall be shared equally.
6.6 WAIVER
If a grievance is not presented within the time limits set forth above, it shall be considered
"waived ". If a grievance is not appealed to the next step within the specified tune 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 inay be extended
by mutual agreement of the EMPLOYER and the UNION.
In the event any provision of this AGREEMENT shall be held to be contrary to law by court of
competent jurisdiction from whose final judgment or decree no appeal has been taken within the time
provided, such provision shall be voided. All other provisions of this AGREEMENT shall continue in
full force and effect. The voided provision may be renegotiated at the request of either party.
I]
8.1 The normal work year for full-tune employees is two thousand eighty (2,080) hours to be
accounted for by each employee through:
a) hours worked on assigned shifts;
b) holidays;
C) assigned training;
d) authorized leave tithe.
8.2 Nothing contained in this or any other ARTICLE shall be interpreted to be a guarantee of a
minitnutn or maximum number of hours the EMPLOYER may assign employees.
9.1. Employees will be compensated at one and one -half (1 ' /Z) tithe 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 ovettitne under this Article.
9.2. Overtime will be distributed as equally as practicable.
9.3. Overtime refused by employees will, for record purposes under ARTICLE 9.2., be considered
as unpaid overtime worked.
9.4. For the purpose of computing overtime compensation, overtime hours worked shall not be
pyramided, compounded, or paid twice for the same hours worked.
9.5. Overtime will be calculated to the nearest fifteen (15) minutes.
9.6. Employees have die obligation to work overtime to call backs as requested by the Employer
unless unusual circumstances prevent the employee from so working. The nvrutnum call back
will be two hours.
Regular full-tune employees may be allowed to accumulate either overtone worked at the rate provided
for in Article IX or compensatory time at the rate of one and one -half (1 ' /z) tunes the excess hours
worked. Employees tray use compensatory tune off duty with pay, subject to prior approval of the
Employer. Employees may cash out accrued but unused compensatory tithe during a regular pay period
in the month of June of each year. The City Administrator may approve compensatory time to be
cashed out during a regular pay period at other tunes during the year due to unforeseen, extenuating
circumstances. Compensatory tune in excess of forty (40) hours accumulated but not used as time off
with pay shall be paid by the Employer between December 1 and December 31 of each calendar year.
No more than (40) hours of compensatory tithe shall be carried from one calendar year to die next.
5
Effective July 1, 2012, employees who work a regular shift that starts between 6:00 p.m. and 11:59 p.m.
shall be paid a shift differential of $.25 for each hour actually worked. Special detail, special projects, and
other non - regular shifts do not qualify for shift differential. This provision does not apply to the
"Power" shift.
A regular full-tune employee who is required to appear in Court during the employee's scheduled off -
duty time shall receive a minimum of three (3) hours pay at one and one -half (1 1 /2) tunes the
employee's base pay rate. An extension or early report to a regularly scheduled shift does not qualify the
regular full. -tune employee for the three (3) hour nvnitnum. An employee who works a power or night
shift shall receive a minimum of three (3) hours pay at two (2) tunes the Employee's base rate of pay if
the Employee is required to appear in court prior to 1:00 p.m. that same day.
It is the responsibility of the regular full-tune employee to contact the CountyAttorney's Office to verify
scheduled court appearances. If the regular fill -time employee contacts the CountyAttorney's Office at
4:30 p.m., or later, for a court appearance schedule on the following day and court has not been
cancelled at the time of employee contact, but is subsequently cancelled, the regular full-tune employee
is eligible for a payment of one and one -half hours (1 1 /2) of pay. Under no circwaastances will the
regular full-tune employee be eligible to receive both the one and one -half hours (1 1 /z) pay and the
three (3) hours' pay rate for court appearances as outlined in the preceding paragraph.
Regular full -tune employees requited by the Employer to standby shall be paid for such standby tune at
the rate of one -half (1 /2) hours' pay for each hour on standby.
14.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one of the
following forms:
a. oral reprimand;
b. written reprimand;
C. suspension;
d. demotion; or
C. discharge.
14.2 Suspensions, demotions and discharges will be in written form.
14.3 Written reprimands, notices of suspension, notices of demotion and notices of discharge which
are to become part of an Etployee'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.
14.4 Employees may examine their own individual personnel files at reasonable tunes under the
direct supervision of the EMPLOYER.
14.5 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.
14.6 Grievances relating to this ARTICLE shall be initiated by the UNION at Step 3 of the
grievance procedure under Article VI of this AGREEMENT.
15.1 Seniority will be the determining criterion for transfers and promotions within the bargaining
unit when the job relevant qualifications between applicants are equal.
15.2 Job classification seniority will be the determining criterion for lay offs. Seniority will be the
determining criterion for recall only when the job- relevant qualification factors are equal. Recall
rights under this provision will continue for twenty -four (24) months after lay off. Recalled
employees shall have ten (10) working days after notification of recall by registered mail at the
employee' last known address to report to work or forfeit all recall rights.
15.3 Two (2) continuous vacation periods may be selected on the basis of seniority until April 1 of
each calendar year.
16.1 All newly hired or rehired employees will serve a one (1) year probationary period.
16.2 All employees will serve a six (6) month probationary period in any job classification in which
the employee has not served a probationary period.
16.3 At any tune during the probationary period a newly hired or refired employee may be
terminated at the sole discretion of the EMPLOYER.
16.4 At any tithe during the probationary period a promoted or reassigned employee may be
demoted or reassigned to the employee's previous position at the sole discretion of the
EMPLOYER.
LEA 04] 041[m, tQI Il3N7 �,
Regular full -time employees shall receive a uniform allowance as follows to be used on a voucher
system basis. Items to be purchased must have prior approval of the Police Chief or designee.
2013 $785.00
2014 $805.00
2015 $825.00
Sick leave is not a privilege or vested right that an employee may use at his /her discretion. Eligible
employees may use sick leave only for the following:
7
• Personal illness or injury;
• To attend medical and dental appointments;
• To care for sick dependents;
• To take dependents to inedical and dental appointments;
• Up to five days per calendar month to care for seriously ill family inernbers 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.
Paid sick leave is provided for regular full-tune and on a prorated basis for eligible part -tune
employees. Regular full-tune employees accrue sick leave at a rate of eight (8) working hours for
each calendar month. Eligible part time employees hired before January 1, 2004, include employees
working a rninirnum of 1040 hours per year. Eligible part time employees hired on or after January
1, 2004, include regularly scheduled part tune employees who work a set, consistent schedule and
who work a minimum of forty (40) hours per biweekly pay period and non - scheduled part time
employees who work as needed who work a rninitnurn of 1560 hours per year. Temporary and
seasonal employees are not eligible for sick leave.
There is no litnit on the amount of accrued sick tune that can be accumulated and carried forward
from one year to the next.
An employee must notify his /her immediate supervisor at least thirty (30) minutes before the start
of his /her regular start time if the employee intends to be absent from work. If an emergency
prevents the employee from notifying his /her immediate supervisor at such tune, the employee
niust call his /her immediate supervisor as soon as possible during the workday. The employee is
requited to keep leis /her irnrnediate supervisor informed of his /her anticipated return to work.
An employee attempting to use sick time for reasons other than those explicitly permitted in this
policy will be subject to disciplinaty action up to and including termination.
A doctor's note shall be required if an employee is absent more than four (4) days or if abuse of sick
leave is suspected by the employee's immediate supervisor, department head, or the City
Administrator. In some circumstances, an employee may be requested to submit to a medical
examination by a physician or medical facility licensed to practice medicine. In such a circumstance,
the City may select the physician and facility that will conduct the exarniiation.
Unused sick leave will not be paid out in wages upon termination of employment, except as
provided in the Severance Pay section below.
SEVERANCE PAY
An employee resigning his /her employment with the City will be eligible for a cash payment for
unused sick leave if the following conditions are met:
The employee must resign in good standing (not terrniiated by the City); and
2. The employee must provide proper written notice of his /her resignation in
accordance with the City Resignation Policy; and
3. The employee must execute a release of claims.
Payment shall be based on the consecutive years of service completed by the employee and
his /her accrued sick leave balance.
An employee terminating after completing two (2) years of consecutive
service will receive payment for fifty percent (50 %) of his /her accumulated
sick leave balance up to a inaxiinuin payment for four hundred eighty (480)
hours. Payment shall be at the current rate of pay when the resignation is
submitted.
Any accumulated sick leave in excess of nine hundred sixty (960) hours is not eligible for payment
under this policy. Employees may continue to accumulate sick leave in excess of nine hundred sixty
(960) hours to be used in accordance with the Family Medical Leave Act.
Regular full tune employees injured during the performance of their duties for the EMPLOYER shall
be paid the difference between the full tune employee's regular pay and worker's compensation
insurance payments for a period not to exceed forty -five working days per injury, not charged to the
regular full time employee's vacation, sick leave of other accumulated leave tune, 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 shall be charged
to the regular full tune employee's sick leave account less workers compensation insurance payments.
m od- [oh
Regular full-tune employees hired shall earn vacation tune at the following rate:
Length of Service Accrual Rate
From start of employment through
completion of the 5"' year
Beginning of the 6t" year through
completion of die 7t" year
Beginning of die 8"' year through
completion of the 9th' year
Beginning of the 10th year through
completion of the 11 t" year
Beginning of the 12t`' year through
completion of the 13th year
Beginning of the 14t" year through
completion of the 15th year
Beginning of the 16t" year through
completion of the 17th year
W
88 working hours per year
112 working hours per year
120 working hours per year
128 workuzg hours per year
136 working hours per year
144 working hours per year
152 working hours per year
Beginning of the 18d' year
Beginning of the 19" year
Beginning of the 20`x' year
Beginning of the 21" year
Beginning of the 22nd year through
completion of the 24`h year
Beginning of the 25`h year and thereafter
j r
160 working hours per year
168 working hours per year
176 working hours per year
184 working hours per year
192 working hours per year
200 working hours per year
Regular full -tune employees shall be eligible for bereavement leave per City Policy.
• �•
22.1 All regular full-tune employees shall receive the following eleven holidays or a substitute day off
with pay. Employees scheduled to work on the following holidays will receive an additional
one -half (1 /2) times pay for each hour worked:
New Year's Day
Martin Luther King Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve Day
Christmas Day
22.2 Regular full-tune employees who leave employment of the Employer under honorable
conditions shall be paid holiday earned on a pro -rated basis for the months of service
worked in that calendar year. Regular full-tune employees leaving the employment of the
Employer 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 tune taken and not
earned. Payment it lieu of holiday tune off of work, or days off of work in lieu of holidays
will be on the basis of straight tune. Payment of unused holiday tune shall be made by the
Employer to employees between December 1 and December 31 of each calendar year.
ARTICLE 191 - LEAVES OF ABSENCE
Employees will be granted leaves of absences as provided by law or City policy.
I '
The employer shall contribute the same amount as that contributed for the City's non -union employees
toward group health insurance including dependent coverage.
10
ARTICLE - WAIVER
25.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding
terms and conditions of employment, to the extent inconsistent with the provisions of this
AGREEMENT, are hereby superseded.
25.2 The parties mutually acknowledge that during the negotiations which resulted in this
AGREEMENT, each had the wllunited right and opportunity to inake demands and proposals
with respect to any terins or conditions 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 referred to or covered in this AGREEMENT or
with respect to any term or condition of employment not specifically referred to or covered by
this AGREEMENT, even though such terms or conditions may not have been within the
Imowledge or contemplation of either or both parties at the tiune this contract was negotiated or
executed.
This AGREEMENT shall be effective as of January 1, 2013 and shall remain ui full force and effect
until the 31 st day of December, 2015.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day
of , 20_.
FOR THE CITY OF ELK RIVER
John J. Dietz, Mayor
Calvin P. Portnet, City Administrator
11
FOR LAW ENFORCEMENT
LABOR SERVICES, INC.
LOCAL 271
Business Agent
Union Steward
7/1/15
1/1/15 1 if below average of comparison
group on o/
Start $37.52 $38.27 $38.84 $39.62 $40.02
After one (1) year $38.34 $39.10 $39.69 $40.48 $40.89
After three (3) years $38.99 $39.77 $40.36 $41.17 $41.58
WAGE INCENTIVE PROGRAM
Regular full-tune employees shall be eligible to participate in the Wage Incentive Program. Employees
who meet established guidelines of the program shall be eligible for the following:
After five (5) years — Up to 3% of employee's base wage rate
After nine (9) years — Up to 4.5% of employee's base wage rate
After thirteen (13) years — Up to 6% of employee's base wage rate
After seventeen (17) years — Up to 7.5% of employee's base wage rate
P.O.S.T. LICENSE
The EMPLOYER shall reirnburse employees for the cost of P.O.S.T. Licensure.
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