5.7. SR 04-12-2004MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor and Council
Pat Kla¢/~ity Administrator
April 12, 2004
Consider 2004 Local 271 Union Contract-Police Sergeants
City representatives met xvith the Pohce Sergeants Union-Local 271 representatives t~vice in
February and March to negotiate a union contract. There xvas a good deal of discussion at
these meetings regarding the possibiliu' of having the sergeants move from exempt status to
non exempt status. The city is not opposed to a change in this regard but the change needs
to make financial sense for both pardes. In the end, a straight forcvard agreement xvith only a
fexv adjustments in xvages and benefits ~vas reached. Hoxvever, the exempt versus non
exempt status is likely to be discussed again in the next contract negotiations.
There are five employees in the sergeants union. The following are the changes in the
contract that have been tentatively agreed to and accepted by the union:
· One year agreement for 2004
· 3% increase in wages
· Increase uniform allowance to $595... (Fhis is the same amount that patrol officers
received for 2004.)
· Insurance...the city will provide the same insurance contribution to the sergeants as
it does for all of the city non union employees... (The increase is $15.00 per month.
This is also the same increase that the patrol officers received.)
The Cit7 Council could go into an executive session for discussion on the proposed changes
in the union contract; hoxvever, I think that thc proposal is very reasonable and
straightforward and an executive session is not necessary.
S:¥~>uncil~lS~t~ 2004~ Union(}ontract271 .doc
MASTER LABOR AGREEMENT
BETWEEN
THE CITY OF ELK RIVER
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL 271
Effective January I, 2004, through December 3 I, 2004
S:\DOCUMENT~Union271-04.DOC
INDEX
ARTICLE II. RECOGNITION .................................................................................................................... 1
ARTICLE III. DEFINITIONS ..................................................................................................................... 1
ARTICLE IV. UNION SECURITY ............................................................................................................ 2
ARTICLE V. EMPLOYEE AUTHORITY ................................................................................................ 2
ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ............................................. 3
ARTICLE VII. SAVINGS CLAUSE ........................................................................................................... 5
ARTICLE VIII. WORK SCHEDULES ...................................................................................................... 5
ARTICLE IX. COMPENSATORY TIME ................................................................................................. 5
ARTICLE X. COURT TIME ........................................................................................................................ 5
ARTICLE XI. DISCIPLINE ......................................................................................................................... 5
ARTICLE XII. SENIORITY ........................................................................................................................ 6
ARTICLE XIII. PROBATIONARY PERIODS ....................................................................................... 6
ARTICLE XIV. UNIFORMS ........................................................................................................................ 7
ARTICLE X~V. SICK LEAVE ....................................................................................................................... 7
ARTICLE X'WI. INJURY ON DUTY ......................................................................................................... 7
ARTICLE XVII. VACATION ...................................................................................................................... 7
ARTICLE XVIII. FUNERAL LEAVE ....................................................................................................... 7
ARTICLE XIX. HOLIDAYS ........................................................................................................................ 8
ARTICLE XX. LEAVES OF ABSENCE ................................................................................................... 8
ARTICLE XXI. INSURANCE ..................................................................................................................... 8
ARTICLE XXII. WAIVER ............................................................................................................................ 8
ARTICLE XXIII. DURATION .................................................................................................................... 9
S:\DOCU MENT~Union271-04.DOC
LABOR AGREEMENT
BE'I~/VEEN
CITY OF ELK RIVER
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
ARTICLE I - PURPOSE OF AGREEMENT
This AGREEMENT is entered into between the City of Elk River 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 form 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.
ARTICLE II - RECOGNITION
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 Elk River Police Department, Elk River,
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.
ARTICLE III - DEFINITIONS
3.1 UNION: Law Enforcement Labor Services, Inc. (LELS), Local No. 271.
3.2 EMPLOYER: The City of Elk River.
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 Elk 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 amount 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 from 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
determine the utilization of technology; to establish and modify the organizational structure; to
select, direct and determine the number of personnel; to establish work schedules; and to
perform any inherent managerial function not spedfically limited by this AGREEMENT.
5.2
Any term and condition of employment not specifically established or modified by this
AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify,
establish or eliminate.
ARTICLE VI - EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE
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.
PROCESSING OF A GRIEVANCE
It is recognized and accepted by the UNION and the EMPLOYER that the processing of
grievances as hereinafter provided is limited by the job duties and responsibilities of the
EMPLOYEES and shall therefore be accomplished during normal working hours only when
consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE
and 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 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 m 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 m 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
3
6.5
6.6
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 grievance not resolved in Step 2
may be appealed to Step 3 xvithin 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. A grievance unresolved in Step 2 and appealed in Step 3 may be submitted to the
Minnesota Bureau of Mediation Services. A grievance not resolved in Step 3 may be appealed
to Step 4 within ten (10) calendar days following the EMPLOYER'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 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.
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 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 follo~ving 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 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.
WAWER
If a grievance is not presented within the time limits set forth above, it shall be considered
"waived". If a grievance is not appealed to the next step within the specified time limit or any
agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last
answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the
specified time limits, the UNION may elect to treat the grievance as denied at that step and
immediately appeal the grievance to the next step. The time limit in each step may be extended
by mutual agreement of the EMPLOYER and the UNION.
ARTICLE VII - SAVINGS CLAUSE
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.
ARTICLE VIII - WORK SCHEDULES
8.1
The normal work year for full-time employees is two thousand eighty (2,080) hours to be
accounted for by each employee through:
a)
b)
c)
d)
hours worked on assigned shifts;
holidays;
assigned training;
authorized leave time.
8.2
Nothing contained in this or any other ARTICLE shall be interpreted to be a guarantee of a
minimum or maximum number of hours the EMPLOYER may assign employees.
ARTICLE IX - COMPENSATORY TIME
Employees may take no more than four (4) hours of compensatory time off in one day and no more
than twenty (20) hours of compensatory time off in one week subject to approval of the Chief of
Police or designee.
ARTICLE X - COURT TIME
An employee required to appear in court during his/her scheduled off-duty time shall receive a
minimum of two (2) hours of compensatory time. An extension or early report to a scheduled shift for
duty does not qualify the employee for the two (2) hour minimum.
ARTICLE Xl - DISCIPLINE
11.1
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
e. discharge.
11.2 Suspensions, demotions and discharges will be in written form.
11.3
Written reprimands, notices of suspension, notices of demotion 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.
11.4
Employees may examine their own individual personnel files at reasonable times under the
direct supervision of the EMPLOYER.
11.5
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.
11.6
Grievances relating to this ARTICLE shall be initiated by the UNION at Step 3 of the
grievance procedure under Article VI of this AGREEMENT.
ARTICLE Xll - SENIORITY
12.1
Seniority will be the determining criterion for transfers and promotions within the bargaining
unit when the job relevant qualifications bet~veen applicants are equal.
12.2
Job classification seniority will be the determimng 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.
12.3
Two (2) continuous vacation periods may be selected on the basis of seniority until April 1 of
each calendar year.
ARTICLE XlII - PROBATIONARY PERIODS
13.1 All newly hired or rehired employees will serve a one (1) year probationary period.
13.2
All employees will serve a six (6) month probationary period in any job classification in which
the employee has not served a probationary period.
13.3
At any time during the probationary period a newly hired or rehired employee may be
terminated at the sole discretion of the EMPLOYER.
13.4
At any time 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.
ARTICLEXIV - UNIFORMS
Regular full-rime employees shah receive a uniform aHoxvance of five hundred ninety five dollars
($595.00) to be used on a voucher system basis. Items to be purchased must have pnor approval of
the Police Chief or designee.
ARTICLE XV - SICK LEAVE
Regular full-time employees shah accrue and use sick leave per City policy.
ARTICLE XVI - INJURY ON DUTY
Regular full tune employees injured during the performance of their duties for the EMPLOYER shall
be paid the difference betxveen the full time employee's regular pay and xvorker's compensation
insurance payments for a period not to exceed forty-five working days per injmy, not charged to the
regular full time employee's vacation, sick leave or other accumulated leave time, for full shifts off
xvork due to injmT, in addition to any partial shifts off ofxvork on the initial day of injury, and after
three (3) v¢orking days initial waiting period per injm¥. Thc three (3) xvorking day waiting period shall
be charged to the regular full nme employee's sick leave account less xvorkers compensation insurance
payments.
ARTICLE XVII - VACATION
Regular
full-time employees hired shall earn vacation time at the following rate:
0 thru 5 years 88 hours per year
After 5 years 112 hours per year
After 7 years 120 hours per year
After 9 years 128 hours per year
After 11 years 136 hours per year
After 13 years 144 hours per year
After 15 years 152 hours per year
After 17 years 160 hours per year
After 18 years 168 hours per year
After 19 vears 176 hours per year
After 20 years 184 hours per year
After 21 years 192 hours per year
ARTICLE XVIII - FUNERAL LEAVE
Regular full-time employees xvill be aHo~ved to use up to a maximum of three (3) days of sick leave in
the event of a death in the immediate family, subject to the approval of the EMPLOYER. Immediate
family shall be defined for the purposes of this Article as the spouse, parent, spouse's parent, siblings,
children or wards of the employee, grandparent, brother, sister, or guardian.
ARTICLE XlX - HOLIDAYS
19.1 All regular full-time employees shall receive the following holidays:
New Year's Day
Martin Luther Kfng Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve Day
Christmas Day
Payment of unused holiday time shall be made by the Employer to employees each calendar
year between December 1st and December 15th.
19.2
Regular full-time employees scheduled to work on the following holidays shall receive an
additional one-half time compensatory time for all hours worked:
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Eve Day
Christmas Day
ARTICLE XX - LEAVES OF ABSENCE
Employees will be granted leaves of absences as provided by law or City policy.
ARTICLE XXl - INSURANCE
The employer shall contribute the same amount as that contributed for the City's non-union
employees toward group health insurance including dependent coverage.
ARTICLE XXll - WAIVER
22.1
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.
22.2
The parties mutually acknowledge that during the negotiations which resulted in this
AGREEMENT, each had the unlimited right and opportunity to make demands and
proposals with respect to any terms or conditions of employment not removed by law from
bargaining. All agreements and understandings arnved 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 spedfically
referred to or covered by this AGREEMENT, even though such terms or conditions may not
have been within the knowledge or contemplation of either or both parties at the time this
contract was negotiated or executed.
ARTICLE XXIII - DURATION
This AGREEMENT shall be effective as of January 1, 2004 and shall remain in full force and effect
until the 31st day of December, 2004.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this
day of ., 2004.
FOR THE CITY OF ELK RIVER
FOR LAW ENFORCEMENT
LABOR SERVICES, INC.
LOCAL 271
Stephame Klinzing, Mayor
Patrick D. Klaers, City Admimstrator
APPENDIX A
WAGES
[Janua~ 1, 2004
Start
After one (I) year
After three (3) years
2004 Monthly
$ 5,369.91
$ 5,486.65
$ 5,580.04
WAGE INCENTIVE PROGRAM
Regular full-time employees hired or promoted to the Sergeant position prior to January 1, 2001, 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 rune (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 reimburse employees for the cost of P.O.S.T. Licensure.
l0