4.10. SR 02-01-2016Request for Action
To
Item Number
Mayor and City Council
4.10
Agenda Section
Meeting Date
lFebruary1,
Prepared by
Consent
2016
Lauren Wipper, Human Resource Representative
Item Description
Reviewed by
City of Elk River and Law Enforcement Labor
Cal Portner, City Administrator
Services Local #231 Master Labor Agreement
Reviewed by
Action Requested
Approve, by motion, the Master Labor Agreement (Contract) between the City of Elk River and Law
Enforcement Labor Services Local (LELS) Local #231 for January 1, 2016, to December 31, 2018.
Background/Discussion
The city reached an agreement with the patrol labor union (LELS #231). The agreed to provisions of the
contract are consistent with previous Council discussions. Agreed to terms are as follows:
Officer In Charge
This practice was in our Comp Plan and is now moved into the contract. Pay was
increased to $1.30 for each hour worked.
Chane in Schedule
A new provision providing payfor a short -notice schedule change.
Court Time
Adjustment made to the time at which the minimum hour requirement is
effective.
Uniforms
The uniform allowance will increase b $20 each year of the agreement.
Sick Leave Payout
Allows for the payout of sick leave in the event of an employee's death.
Bereavement Leave
Language changed to be consistent with city policy. Provision added to allow
discretion for extraordinary situations.
Holidays
Language added to define a day as eight hours.
Starting Pa Step
City discretion to start new officers ata pay step higher than Step 1.
WWlage Rates
General increase of 2% and market adjustment of 1% effective 1/1/16. General
increase of 2.5% effective 1/1/17, and 1/1/18. Possible market adjustments
effective July 1 of each year based on the comparison group average, maximum of
0.5% for 2016 and 2017, and 1% for 2018.
Post-EmploymentHealth
Employee contributions will increase $20 for 2016 and $15 for 2017. Employees
Care Savings Plan
will contribute 100% of their severance into this account.
Wl'a e Incentive Program
Added another payout level after 21 years of service beginning in 2018.
Shift D�#erential
Changed the differential amount to $0.30 per hour and added power shift hours
after 6:00 p.m. Differential amount will be $.35 January 1, 2018.
Financial Impact
The January 1, 2016, pay increases and uniform allowance were included in the 2016 budget. If a July 1,
2016, market increase is given, that will be taken out of fund balance reserves (General Fund) and include
in the 2016 year-end adjustments. Future costs will be accounted for during the budgeting process.
Attachments
Master Labor Agreement between the City of Elk River and Law Enforcement Labor Services
Local, Inc. (Local #231)
P 0 W I R I U [1`4ATURE]
MASTER LABOR AGREEMENT
BETWEEN
THE CITY OF ELK RIVER
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
(LOCAL 23 1)
Effective January 1, 2016, through December 31, 2018
INDEX
ARTICLE I. PURPOSE OF INTENT..................................................................................1
ARTICLE II. RECOGNITION..............................................................................................1
ARTICLEIII. DEFINITIONS..............................................................................................1
ARTICLE IV. EMPLOYER SECURITY............................................................................. 3
ARTICLE V. UNION SECURITY.......................................................................................3
ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE .......................4
ARTICLE VII. SAVINGS CLAUSE..................................................................................... 6
ARTICLE VIII. SENIORITY................................................................................................ 6
ARTICLE IX. DISCIPLINE.................................................................................................. 6
ARTICLE X. CONSTITUTIONAL PROTECTION....................................................... 7
ARTICLE XI. WORK SCHEDULES.................................................................................. 7
ARTICLE XII. OVERTIME.................................................................................................. 7
ARTICLE XIII. COURT TIME............................................................................................. 8
ARTICLE XIV. INSURANCE.............................................................................................. 8
ARTICLE XV. STANDBY PAY........................................................................................... 8
ARTICLE XVI. UNIFORMS................................................................................................. 9
ARTICLE XVII. INJURY ON DUTY................................................................................. 9
ARTICLE XVIII. SICK LEAVE........................................................................................... 9
ARTICLE XIX. BEREAVEMENT LEAVE......................................................................10
ARTICLEXX. VACATION................................................................................................11
ARTICLE XXI. HOLIDAYS...............................................................................................12
ARTICLE XXII. INVESTIGATOR ON-CALL..............................................................12
ARTICLE XXIII. FALSE ARREST INSURANCE..........................................................12
ARTICLE XXIV. MILEAGE ALLOWANCE.................................................................12
ARTICLE XXV. COMPENSATORY TIME PROVISIONS........................................12
ARTICLE XXVI. WAGES .................................
13
ARTICLE XXVII. WAGE INCENTIVE PROGRAM...................................................13
ARTICLE XXVIII. P.O.S.T. LICENSURE.......................................................................13
ARTICLEXXIX. WAIVER.................................................................................................13
ARTICLE XXX. DURATION.............................................................................................14
APPENDIX............................................................................................................................. Al
MASTER LABOR AGREEMENT
BETWEEN
THE CITY OF ELK RIVER
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
ARTICLE I. PURPOSE OF INTENT
This Agreement is entered into as of January 1, 2016, between the City of Elk 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 form the parties' agreement upon terms and conditions of
employment for the duration of this Agreement.
ARTICLE II. RECOGNITION
2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under
Minnesota Statutes 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 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. 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 Elk River Police Department
3.5 EMPLOYER: The City of Elk River
3.6 CHIEF: The Chief of the City of Elk 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 the full, faithful, and proper performance of the duties of employment for the
purposes of including, influencing, or coercing a change in the conditions or
compensation of the rights, privileges, or obligations of employment.
3.14 COMPENSATORY TIME: Time off a regularly scheduled shift with pay in lieu of
overtime 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.
3.16 OFFICER IN CHARGE: Employee who handles lead officer duties in the absence
of a supervisor outside of this bargaining unit.
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ARTICLE IV. EMPLOYER SECURITY
The Employer has and will continue to retain, whether exercised or not, the sole and
unrestricted right to operate and manage its affairs in all respects and to perform any
inherent managerial function not specifically limited by the express provisions of this
Agreement. The rights of the Employer, through its management official, shall include but
not be limited to the following: The right to operate and manage all manpower and facilities
and equipment, to set and amend budgets, to establish and modify the organizational
structure, to determine the purpose or mission of the organization in each of its departments
or units, to establish functions and programs, to introduce new or improved methods of
work and to determine the utilization of technology, to exercise control and discretion over
the organization and the efficiency, economy, and productivity of operations, to set
standards for work services to the public, to change or eliminate the existing work schedules,
to assign work, overtime, leave time, and schedule working hours, to hire, examine, classify,
promote, train, transfer, assign and schedule employees in positions with the employer, to
suspend, demote, discharge or take other disciplinary action against the employees for just
cause, to increase, reduce, change, modify or alter the composition and size of the work
force, to lay off employees, to reallocate positions to higher or lower classifications, to
determine locations, methods, means and numbers of personnel by which operations are to
be conducted, to establish, modify, combine or abolish job classifications, to determine
whether goods and services are to be provided or purchased, and to direct the employees.
Any term or condition of employment not specifically established or modified by this
Agreement shall remain solely within the discretion of the Employer to modify, establish, or
eliminate.
ARTICLE V. UNION SECURITY
5.1 The Employer shall deduct from the wages of employees who authorize such a
deduction, in writing, an amount necessary to cover monthly Union dues, or a "fair -
share" deduction, as provided in Minnesota Statutes 179A.06, Subdivision 3, if the
employee elects not to become a member of the Union. Such monies shall be
remitted directly to the Union monthly.
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 make space available on the employee's bulletin board for
posting Union notice(s) and announcement(s).
5.4 The Union agrees to indemnify and hold the Employer harmless against any and all
claims, suits, orders, or judgments brought or issued against the Employer as a result
of any action taken or not taken by the Employer under the provisions of this
Article.
ARTICLE VI. EMPLOYEE RIGHTS - GRIEVANCE 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 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 the Employer,
in writing, of the names of such Union representatives and of their successors when
so designated as provided by Section 5.2 of this Agreement.
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 time without loss in pay when a grievance is investigated and
presented to the Employer during normal working hours provided that the employee
and the Union representative have notified and received the prior approval of the
designated supervisor who has determined that such absence is reasonable and
would not be detrimental to the work programs of the Employer.
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 fourteen (14) calendar days after such
alleged violation has occurred, present such grievance to the employee's supervisor
as designated by the Employer. The Employer designated representative will discuss
and give an answer to such Step 1 grievance within ten (10) calendar days after
receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in
writing setting forth the nature of the grievance, the facts on which it is based, the
provision or provisions of the Agreement allegedly violated, the remedy requested,
and shall be appealed to Step 2 within ten (10) calendar days after the Employer
designated representatives' final answer in Step 1. Any grievance not appealed in
writing to Step 2 by the Union within ten (10) calendar days shall be considered
waived.
Step 2. If appealed, the written grievance shall be presented by the Union and
discussed with the Employer designated Step 2 representative. The Employer
designated representative shall give the Union the Employer's Step 2 answer in
writing within ten (10) calendar days after receipt of such Step 2 grievance. A
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.
2
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 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 grievances as denied at that step and immediately appeal the grievance to
5
the next step. The time limit in each step may be extended by mutual written
agreement of the Employer and the Union in each step.
ARTICLE VII. SAVINGS CLAUSE
This Agreement is subject to the laws of the United States, the State of Minnesota and the
City of Elk River. In the event any provisions of this Agreement 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 limits 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.
ARTICLE VIII. SENIORITY
8.1 Seniority shall be determined by the regular full time employee's length of
continuous employment with the Police Department and posted in an appropriate
location. Seniority rosters may be maintained by the Chief on the basis of time in
grade and time within specific classifications.
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.
ARTICLE IX. DISCIPLINE
9.1 The Employer will discipline employees for just cause only. Discipline will be in one
or more of the following forms:
a. oral reprimand;
b. written reprimand;
C. suspension;
d. demotion; or,
C. discharge.
IN
9.2 Suspensions, demotions and discharges will be in written form.
9.3 Written reprimands, notices of suspension, and notices of discharge which are to
become part of an employee's personnel file shall be read and acknowledged by
signature of the employee. Employees and the Union will receive a copy of such
reprimands and/or notices.
9.4 Employees may examine their own individual personnel files at reasonable times
under the direct supervision of the Employer.
9.5 Employees will not be questioned concerning an investigation of disciplinary action
unless the employee has been given an opportunity to have a Union representative
present at such questioning.
9.6 Grievances relating to this Article shall be initiated by the Union in Step 3 of the
grievance procedure under Article VI.
ARTICLE X. CONSTITUTIONAL PROTECTION
Employees shall have the rights granted to all citizens by the United States and Minnesota
State Constitutions.
ARTICLE XI. WORK SCHEDULES
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 time.
11.2 Nothing 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.
11.3 Any change of an Employee's schedule made by the Employer with less than a 24-
hour notice shall result in the payment at the rate of time and one half the
employee's base rate of pay for all hours worked during the scheduled change.
Change in shifts initiated by the employee, special detail, special projects, and other
non -regular shifts do not qualify for this provision.
ARTICLE XII. OVERTIME
12.1 Employees will be compensated at one and one-half (1'/2) times the employee's
regular base pay rate for hours worked in excess of the employee's regularly
scheduled shift. Changes of shifts do not qualify an employee for overtime under
this Article.
7
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.
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.
ARTICLE XIII. COURT TIME
A regular full time employee who is required to appear in Court during the employee's
scheduled off-duty time shall receive a minimum of three (3) hours' pay at one and one-half
(1'/2) times the employee's base pay rate. An extension or early report to a regularly
scheduled shift does not qualify the regular full time employee for the three (3) hour
minimum. An employee who works a night shift shall receive a minimum of three (3) hours
pay at two (2) times the Employee's base pay rate if the Employee is required to appear in
court prior to 2:00 p.m. that same day. An employee who works a power shift shall receive a
minimum of three (3) hours pay at two (2) times the Employee's base pay rate if the
Employee is required to appear in court prior to 10:00 a.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 '/z) of pay. Under no circumstances will the regular full time
employee be eligible to receive both the one and one-half hours (1 1/2) court cancellation pay
outlined in this paragraph and the three (3) hours' pay rate for court appearances as outlined
in the preceding paragraph.
ARTICLE XIV. INSURANCE
See Appendix A.
ARTICLE XV. STANDBY PAY
Regular full time employees required by the Employer to standby shall be paid for such
standby time at the rate of one-half (1/z) hours' pay for each hour on standby.
N.
ARTICLE XVI. UNIFORMS
Regular full time employees will be credited with an annual uniform allowance account to be
used on a voucher system basis. The uniform allowance will be $845.00 for 2016, $865.00
for 2017 and $885.00 for 2018. 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 reimbursement 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.
ARTICLE XVII. INJURY ON DUTY
Regular full time employees injured during the performance of their duties for the Employer
shall be paid the difference between the full time employee's regular pay and worker's
compensation insurance payments for a period not to exceed forty-five (45) working days
per injury, not charged to the regular full time employee's vacation, sick leave or other
accumulated leave time, for full shifts off work due to injury, in addition to any partial shifts
off of work on the initial day of injury, and after three (3) working days initial waiting period
per injury. The three (3) working day waiting period shall be charged to the regular full time
employee's sick leave account less worker's compensation insurance payments.
ARTICLE XVIII. SICK LEAVE
18.1 Regular full time employees shall accrue one day of sick leave per month and each
major fraction thereof, with no maximum accrual limit. A regular full time employee
shall notify the Employer before the start of the scheduled shift or as soon as
possible thereafter of his/her inability to report for duty. The Employer may require
of regular full time employees proof of illness for any use of sick leave. In cases of
extended illness, regular full time employees shall notify the Employer of their status
in regards to his/her return to duty weekly.
18.2 Eligible employees may use sick time for the following reasons:
a. Personal illness 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
X
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 met:
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
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 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.
18.4 In the event of an employee death, payment of this benefit consistent with this
article may be approved by the city administrator if the employee would have been
eligible for cash payment under item 18.3.
ARTICLE XIX. BEREAVEMENT LEAVE
Regular full-time and regular part-time employees working a minimum of 1040 hours per
year are permitted a paid Bereavement leave for the purpose of making arrangements,
attending the funeral, caring for deceased's survivors, gathering with relatives, and/or to
otherwise grieve the loss when a death occurs in their family. Bereavement leave is prorated
for eligible regular part-time employees according to the number of hours worked. Leave
with pay is limited to the following:
Up to five (5) days Husband, Wife, Mother, Father, Son, Daughter, 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, Grandparents -In -Law
10
Days off shall be concurrent. If there is a need for days that are not concurrent, those days
shall be arranged with your supervisor and approved by human resources or the city
administrator.
Additional time off for bereavement leave may be granted and charged to vacation leave or
compensatory time, if any.
Additional bereavement leave may be granted by the City Administrator at his/her discretion
for extraordinary situations.
ARTICLE XX. VACATION
Regular full time employees shall accrue paid vacation leave on the following schedule:
Length of Service Accrual Rate
From start of employment through
completion of the 5`" year 88 working hours per year
Beginning of the 6`' year through
completion of the 7d' year 112 working hours per year
Beginning of the 8d' year through
completion of the 9`s year 120 working hours per year
Beginning of the 10' year through
completion of the 11t" year 128 working hours per year
Beginning of the 12d' year through
completion of the 13d' year 136 working hours per year
Beginning of the 14' year through
completion of the 15d' year 144 working hours per year
Beginning of the 16d' year through
completion of the 17th year 152 working hours per year
Beginning of the 18th year 160 working hours per year
Beginning of the 19d' year 168 working hours per year
Beginning of the 20th year 176 working hours per year
Beginning of the 21" year 184 working hours per year
Beginning of the 22 d year through
completion of the 24th year 192 working hours per year
Beginning of the 25th year and thereafter 200 working hours per year
11
Regular full-time and regular part-time employees may carry up to 240 hours of unused
vacation forward from one year to the next.
ARTICLE XXI. HOLIDAYS
Regular full time employees shall be entitled to eleven (11) days pay or eleven (11) days time
off work with pay, at eight (8) hours per day, 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 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
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
worked in that calendar year. Regular full time 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 time taken and not
earned. Payment in lieu of holiday time off of work, or days off of work in lieu of holidays
will be on the basis of straight time. Payment of unused holiday time shall be made by the
Employer to employees each calendar year between December 1St and December 15'.
ARTICLE XXI I. INVESTIGATOR ON-CALL
Investigators shall be assigned on-call duty on a weekly 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.
ARTICLE XXI1 I. FALSE ARREST INSURANCE
The Employer agrees to provide and pay the premiums due thereon for False Arrest
Insurance to cover the employees required to have this coverage.
ARTICLE XXIV. MILEAGE ALLOWANCE
The Employer agrees to reimburse any employee required to use his/her own auto per the
mileage allowance policy in effect for all city employees.
ARTICLE XXV. COMPENSATORY TIME PROVISIONS
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 (V/a) times
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the excess hours worked. Employees may use compensatory time 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 time to be cashed out during a regular pay period
at other times during the year due to unforeseen, extenuating circumstances. Compensatory
time in excess of forty (40) hours accumulated but not used as time off with pay shall be
paid by the Employer between December 1s` and December 31s` 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 invoiced to or reimbursed by a third party
will be paid to the employee and shall not be banked as compensatory time. A third party 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 third party. ISD 728
events that are special or one-time events are considered third party. Hours charged to
grants shall be dictated by the terms of the grant.
ARTICLE XXVI. WAGES
See Appendix A.
ARTICLE XXVIL WAGE INCENTIVE PROGRAM
See Appendix A.
ARTICLE XXVIII. P.O.S.T. LICENSURE
See Appendix A.
ARTICLE XXIX. WAIVER
Any and all prior agreements, resolutions, policies, rules, and regulations regarding terms and
conditions of employment, to the extent inconsistent with the provisions of this Agreement,
are hereby superseded. The parties mutually acknowledge that during the negotiations that
resulted in this Agreement, each had the unlimited right and opportunity to make demands
and proposals with respect to any term or condition of employment not removed by law
from bargaining. All agreements and understandings arrived at by the parties are set forth in
writing in this Agreement for the stipulated duration of this Agreement. The Employer and
the Union each voluntarily and unqualifiedly waives the right to meet and negotiate
regarding any and all terms and conditions of employment not specifically referred to or
covered by this Agreement, even though such terms and/or conditions may have been
within the knowledge or contemplation of either or both of the parties at the time this
contract was negotiated or executed.
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ARTICLE XXX. DURATION
This Agreement shall be effective as of January 1, 2016, and shall remain in full force and
effect until December 31, 2018.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
day of , 20
FOR THE CITY OF ELK RIVER
John Dietz, Mayor
Tina Allard, City Clerk
FOR LAW ENFORCEMENT
LABOR SERVICES, INC.
LOCAL 231
Business Agent
Union Steward
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APPENDIX A
A.1 Regular Full Time Police Officer/Wage Rates - 1/l/16-12/31/18
The wage rates listed 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:
Step 1 $ 24.18
Step 2 27.91
Step 3 31.65
Step 4 35.42
Employees move to the next step in the plan following twelve (12) months of
continuous employment.
The Employer has discretion, when experience and qualifications indicate, to hire at
any pay step deemed appropriate.
Pay steps shall increase based on the following:
July 1, 2016 — Up to 0.5% increase based on average of approved comparison group
on July 1, 2016.
January 1, 2017 — 2.5% general wage increase.
July 1, 2017 — Up to 0.5% increase based on average of approved comparison group
on July 1, 2017.
January 1, 2018 — 2.5% general wage increase.
July 1, 2018 — Up to 1% increase based on average of approved comparison group
on July 1, 2018.
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 time 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.
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AA Post Employment Health Care Savings Plan
Effective February 1, 2016, Employees shall contribute $85.00 per month to the Post
Employment Health Care Savings Plan.
Effective January 1, 2017, Employees shall contribute $100.00 per month to the Post
Employment Health Care Savings Plan.
Employees will place 100% of their sick leave severance, as paid per item 18.3, into
their Post Employment Health Care Savings Plan.
A.5 Canine Officer
Regular full time employees assigned to the duties of the Canine Officer position
shall use the last one-half (1 /2) hour of the daily work shift for maintenance,
grooming, feeding, kennel cleaning, and similar duties related to the general care and
wellbeing of the dog. When not scheduled on a work shift, regular full time
employees assigned to the duties of the Canine Officer position shall be
compensated for one-half (1/2) hour of overtime for care of the dog.
A.6 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.
A.7 Wage Incentive Program
A Wage Incentive Program is offered to regular full time employees who may
participate in the program on a voluntary basis. An employee will earn the following
amounts provided that the employee meets the established guidelines for all the
identified categories.
After 5 years - Up to 3% of top patrol
After 9 years - Up to 4.5% of top patrol
After 13 years - Up to 6% of top patrol
After 17 years - Up to 7.5% of top patrol
Effective January 1, 2018:
After 21 years - Up to 9% of top patrol
A.8 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, 2016, and shall remain in full force and effect until December 31, 2018.
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A.10 Shift Differential
Employees who work shift hours between 6:00 p.m. and 5:59 a.m. shall be paid a
shift differential of $.30 for each hour actually worked. Special detail, special projects,
and other non -regular shifts do not qualify for shift differential.
Effective January 1, 2018 the shift differential premium shall be $.35 for each hour
worked.
A.11 Officer In Charge
Officers acting in a lead officer role shall be paid an Officer In Charge differential of
$1.30 for each hour worked in the lead officer role.
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