4.4. SR 01-22-2019
Request for Action
To Item Number
Mayor and City Council 4.4
Agenda Section Meeting Date Prepared by
Consent January 22, 2018 Lauren Wipper, Human Resources Manager
Item Description Reviewed by
Approve Master Labor Agreement Between the Cal Portner, City Administrator
City of Elk River and Law Enforcement Labor
Reviewed by
Services Local 271 for January 1, 2019 to December
31, 2021
Action Requested
Approve, by motion, the Master Labor Agreement (Contract) between the City of Elk River and Law
Enforcement Labor Services (LELS) Local 271 for January 1, 2019 to December 31, 2021.
Background/Discussion
The city staff reached an agreement with the sergeant’s labor union (LELS 271). The agreed to
provisions of the contract are consistent with previous council discussions. The new terms are as follows:
Work Schedules Schedule changed made by the employer with less than a 24-hour notice will be paid
at time and one half.
Contracted Overtime If a contracted security event is cancelled within 24 hours of the event, the employee
is paid 2 hours of straight time.
Shift Differential Hours of work changed to end at 5:59 a.m. instead of 11:59 p.m. and the power shift
exclusion is removed. Differential from 25¢ to 50¢.
Court Time The time for night shift and power shift employees to begin receiving court pay for
appearing on off-duty hours changed from 1:00 p.m. to 2:00 p.m.
Uniforms The uniform allowance will increase $20.00 each year. Investigator (non-uniform
position) can receive 75% of allowance as reimbursement. Allowance cannot be
used after resignation notice has been given.
Sick Leave Provision for care for family members has been removed and replaced with
reference to state and federal law. Unnecessary language for part-time employees
hired before 1/1/2004 has been removed.
Vacation Leave 40/40/40 Option has been added. Employees can cash in 40 hours of vacation
provided they use 40 hours and have 40 remaining in their vacation bank.
Wages General Increase of 3% on January 1, 2019. General increase of 2.75% on January 1,
2020 and 2021 with possible market adjustment July 1 retroactive to January 1.
Wage Incentive Prog. Added a fifth step at 21 years of service for up to 9% of employee’s base wage.
Health Care Savings The Memo of Understanding approved by council on December 18, 2017, regarding
participation in a Health Care Savings Plan has been added.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
Financial Impact
The January 1, 2019, general increase is included in the 2019 budget. 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 271
Marked Up version of 2016 to 2018 Agreement
N:\\Public Bodies\\Agenda Packets\\01-22-2019\\Final\\x4.4 sr Sergeant Union 271.docx
MASTER LABOR AGREEMENT
BETWEEN
THE CITY OF ELK RIVER
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL 271
Effective January 1, 2019, through December 31, 2021
INDEX
*****
ARTICLE 1. PURPOSE OF AGREEMENT .............................................................................................. 1
ARTICLE 2. RECOGNITION ...................................................................................................................... 1
ARTICLE 3. DEFINITIONS ........................................................................................................................ 1
ARTICLE 4. UNION SECURITY ............................................................................................................... 2
ARTICLE 5. EMPLOYER AUTHORITY ................................................................................................. 2
ARTICLE 6. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ................................................. 2
ARTICLE 7. SAVINGS CLAUSE ................................................................................................................ 4
ARTICLE 8. WORK SCHEDULES ............................................................................................................ 4
ARTICLE 9. OVERTIME.............................................................................................................................. 4
ARTICLE 10. COMPENSATORY TIME .................................................................................................. 5
ARTICLE 11. SHIFT DIFFERENTIAL 5
ARTICLE 12. COURT TIME ....................................................................................................................... 5
ARTICLE 13. STANDBY PAY .................................................................................................................... 5
ARTICLE 14. DISCIPLINE .......................................................................................................................... 5
ARTICLE 15. SENIORITY ........................................................................................................................... 6
ARTICLE 16. PROBATIONARY PERIODS............................................................................................ 6
ARTICLE 17. UNIFORMS ............................................................................................................................ 6
ARTICLE 18. SICK LEAVE ......................................................................................................................... 7
ARTICLE 19. INJURY ON DUTY .............................................................................................................. 8
ARTICLE 20. VACATION ........................................................................................................................... 8
ARTICLE 21. BEREAVEMENT LEAVE ................................................................................................. 9
ARTICLE 22. HOLIDAYS ............................................................................................................................ 9
ARTICLE 23. LEAVES OF ABSENCE ..................................................................................................... 9
ARTICLE 24. INSURANCE .......................................................................................................................10
ARTICLE 25. WAIVER ...............................................................................................................................10
ARTICLE 26. DURATION .........................................................................................................................10
APPENDIX ......................................................................................................................................................11
Labor Agreement
between
City of Elk River
and
Law Enforcement Labor Services, Inc.
ARTICLE 1 - 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 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 2 - 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, 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 3 - DEFINITIONS
3.1 Union Member: A member of Law Enforcement Labor Services, Inc., Local No. 271.
3.2 Employee: A member of the exclusively recognized bargaining unit.
3.3 Department: The City of Elk River Police Department.
3.4 Chief: The Chief of the City of Elk River Police Department.
3.5 Union Steward: Officer elected or appointed by Law Enforcement Labor Services, Inc., Local No.
271
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ARTICLE 4 - 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 5 - 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 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 modify, establish or eliminate.
ARTICLE 6 - 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.
6.3 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 Steward 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 Steward 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.
2
6.4PROCEDURE
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 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 Agreementallegedly
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, 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 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.
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 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.
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.
3
6.6WAIVER
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 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 7 - 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 8 - 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) hours worked on assigned shifts;
b) holidays;
c) assigned training;
d) 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.
8.3 Any change of an EEmployer with less than a 24-hour notice shall
result in the payment at the rate of time and one half the Employee
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 9 - OVERTIME
9.1. Employees will be compensated at one and one-half (1 ½) time the E regular base pay rate
for hours worked in excess of the E
qualify an Employee for overtime 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 the obligation to work overtime or call backs as requested by the Employerunless
unusual circumstances prevent the Employee from so working. The minimum call back will be two
hours.
9.7 For Employees scheduled to work contract security events; if the event is cancelled within twenty-
four (24) hours of the start time the Employee shall receive a minimum of two (2) hours
4
pay at straight time.
ARTICLE 10 -COMPENSATORY TIME
Regular full-time Employees may be allowed to accumulate either overtime worked at the rate provided for
in Article 9 or compensatory time at the rate of one and one-half (1 ½) times 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 1 and December 31 of each calendar year. No more than (40) hours
of compensatory time shall be carried from one calendar year to the next.
ARTICLE 11 SHIFT DIFFERENTIAL
Employees who work shift hours between 6:00 p.m. and 5:59 a.m. shall be paid a shift differential of $0.50
for each hour actually worked. Special detail, special projects, and other non-regular shifts do not qualify for
shift differential.
ARTICLE 12 - COURT TIME
A regular full-time Employee who is required to appear in court during the E-duty
time shall receive a minimum of three (3) hours pay at one and one-half (1 ½) times the 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 power or night shift shall receive a
minimum of three (3)
to appear in court prior to 2:00 p.m. that same day.
Administration will confirm a cancellation to a scheduled court appearance and notify Employees
electronically before the close of business (4:30 p.m. CST) the business day before the scheduled court
date. On any occasion where an electronic cancelation notice is not provided and court is subsequently
canceled after the close of business from the previous day, the Employee shall receive a minimum of
three (3) hours pay at one and one-half (1½) times the Ebase rate of pay.
ARTICLE 13 - STANDBY PAY
Regular full-time Employees required by the Employer to standby shall be paid for such standby time at the
rate of one-
ARTICLE 14 - DISCIPLINE
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
e) Discharge
14.2 Suspensions, demotions and discharges will be in written form.
5
14.3Written 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.
14.4 Employees may examine their own individual personnel files at reasonable times 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 6 of this Agreement.
ARTICLE 15 - SENIORITY
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 layoffs. 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's 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.
ARTICLE 16 - PROBATIONARY PERIODS
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 time during the probationary period a newly hired or rehired Employee may be terminated at
the sole discretion of the Employer.
16.4 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.
ARTICLE 17 - UNIFORMS
Regular full-time Employees shall receive a uniform allowance as follows to be used on a voucher system
basis.
Employees assigned to positions not requiring a uniform (i.e. investigator) shall be permitted to receive up to
seventy-five percent (75%) of the annual uniform allowance as cash reimbursement upon submittal of
receipts.
All items charged to the Employer by the regular full-time Employee on the voucher system basis must
receive prior approval of the Chief. The amount charged shall not exceed the outstanding balance in the
Employee
An Employee who has submitted a notice either verbally or in writing to terminate employment shall not
6
purchase uniforms under this section and reimbursement shall not be made for any purchases after the
notice.
Employees are required to maintain a proper duty uniform.
2019 $905.00
2020 $925.00
2021 $945.00
ARTICLE 18 - SICK LEAVE
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:
Personal illness or injury;
To attend medical and dental appointments;
To care for sick dependents;
To take dependents to medical and dental appointments;
In accordance with state and federal law.
Paid sick leave is provided for regular full-time and on a prorated basis for eligible part-time Employees.
Regular full-time Employees accrue sick leave at a rate of eight (8) working hours for each calendar
month. Temporary and seasonal Employees are not eligible for sick leave.
There is no limit on the amount of accrued sick time 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 time, the Employee must call his/her
immediate supervisor as soon as possible during the workday. The Employee is required to keep his/her
immediate 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 disciplinary action up to and including termination.
Employee is absent more than four (4) days or if abuse of sick
leave is suspected by the 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 examination.
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:
1. The Employee must resign in good standing (not terminated by the City); and
2. The Employee must provide proper written notice of his/her resignation in
7
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.
ARTICLE 19 - 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
for a period not to exceed forty-five working days per injury, not charged to the regular full time E
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 sick
leave account less workers compensation insurance payments.
ARTICLE 20 - VACATION
20.1 Regular full-time Employees shall earn vacation time at the following rate:
Length of Service Accrual Rate
From start of employment through
th
completion of the 5 year 88 working hours per year
th
Beginning of the 6 year through
th
completion of the 7 year 112 working hours per year
th
Beginning of the 8 year through
th
completion of the 9 year 120 working hours per year
th
Beginning of the 10 year through
th
completion of the 11 year 128 working hours per year
th
Beginning of the 12 year through
th
completion of the 13 year 136 working hours per year
th
Beginning of the 14 year through
th
completion of the 15 year 144 working hours per year
8
th
Beginning of the 16year through
th
completion of the 17 year 152 working hours per year
th
Beginning of the 18 year 160 working hours per year
th
Beginning of the 19 year 168 working hours per year
th
Beginning of the 20 year 176 working hours per year
st
Beginning of the 21 year 184 working hours per year
nd
Beginning of the 22 year through
th
completion of the 24 year 192 working hours per year
th
Beginning of the 25 year and thereafter
200 working hours per year
20.2 40/40/40 Vacation Payout Option
An Employee may request a one-time per year payout for forty (40) hours of accumulated vacation
in conjunction with taking forty (40) hours of vacation leave provided that after the reduction of the
eighty (80) hours the Employee retains a minimum vacation balance of forty (40) hours. The
irrevocable election to take the 40/40/40 option must be made by the end of the year prior to taking
the vacation and the vacation hours taken must be consecutive. The vacation payout will be made
the latter of when the Employee has earned forty (40) hours of vacation in the year or the pay period
following the vacation taken.
ARTICLE 21 - BEREAVEMENT LEAVE
Regular full-time Employees shall be eligible for bereavement leave per City Policy.
ARTICLE 22 - HOLIDAYS
22.1 All regular full-time Employees shall receive the following eleven (11) 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 Thanksgiving Day
President's Day Day after Thanksgiving Day
Memorial Day Christmas Eve Day
Independence Day Christmas Day
Labor Day
22.2 Regular full-time 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-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 between
December 1 and December 31 of each calendar year.
9
ARTICLE 23 - LEAVES OF ABSENCE
Employees will be granted leaves of absences as provided by law or City policy.
ARTICLE 24 - INSURANCE
The Employer -union employees
toward group health insurance including dependent coverage.
ARTICLE 25 - 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 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 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 knowledge or contemplation of either or both parties at the time this contract
was negotiated or executed.
ARTICLE 26 - DURATION
This Agreement shall be effective as of January 1, 2019 and shall remain in full force and effect until the 31st
day of December, 2021.
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 271
John J. Dietz, Mayor Business Agent
Tina Allard, City Clerk Union Steward
10
APPENDIX
WAGES
1/1/2019
Start $44.94
After one (1) year $45.91
After three (3) years $46.68
Pay steps shall increase based on the following:
January 1, 2020 2.75% general wage increase.
July 1, 2020 Market adjustment to peer city average retro to January 1, 2020.
January 1, 2021 2.75% general wage increase.
July 1, 2021 Market adjustment to peer city average retro to January 1, 2021.
WAGE INCENTIVE PROGRAM
Regular full-time 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 base wage rate
After nine (9) years Up to 4.5% of base wage rate
After thirteen (13) years Up to 6% of base wage rate
After seventeen (17) years Up to 7.5% of base wage rate
After twenty-one (21) years Up to 9% of E
P.O.S.T. LICENSE
The Employer shall reimburse Employees for the cost of P.O.S.T. Licensure.
HEALTH CARE SAVINGS PLAN
By payroll deduction, all members in the bargaining group shall contribute $100 per month to the
Minnesota State Retirement System Health Care Savings Plan. This plan is pursuant to Minnesota Statute
§352.98.
11
MASTER LABOR AGREEMENT
BETWEEN
THE CITY OF ELK RIVER
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL 271
Effective January 1, 20162019, through December 31, 20182021
INDEX
*****
ARTICLE 1. PURPOSE OF AGREEMENT .............................................................................................. 1
ARTICLE 2. RECOGNITION ...................................................................................................................... 1
ARTICLE 3. DEFINITIONS ........................................................................................................................ 1
ARTICLE 4. UNION SECURITY ............................................................................................................... 2
ARTICLE 5. EMPLOYER AUTHORITY ................................................................................................. 2
ARTICLE 6. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ................................................. 2
ARTICLE 7. SAVINGS CLAUSE ................................................................................................................ 4
ARTICLE 8. WORK SCHEDULES ............................................................................................................ 4
ARTICLE 9. OVERTIME .............................................................................................................................. 4
ARTICLE 10. COMPENSATORY TIME .................................................................................................. 5
ARTICLE 11. SHIFT DIFFERENTIAL 5
ARTICLE 12. COURT TIME ....................................................................................................................... 5
ARTICLE 13. STANDBY PAY..................................................................................................................... 5
ARTICLE 14. DISCIPLINE .......................................................................................................................... 5
ARTICLE 15. SENIORITY ........................................................................................................................... 6
ARTICLE 16. PROBATIONARY PERIODS............................................................................................ 6
ARTICLE 17. UNIFORMS ............................................................................................................................ 6
ARTICLE 18. SICK LEAVE ......................................................................................................................... 7
ARTICLE 19. INJURY ON DUTY.............................................................................................................. 8
ARTICLE 20. VACATION............................................................................................................................ 8
ARTICLE 21. BEREAVEMENT LEAVE ................................................................................................. 9
ARTICLE 22. HOLIDAYS ............................................................................................................................ 9
ARTICLE 23. LEAVES OF ABSENCE ..................................................................................................... 9
ARTICLE 24. INSURANCE .......................................................................................................................10
ARTICLE 25. WAIVER ...............................................................................................................................10
ARTICLE 26. DURATION .........................................................................................................................10
APPENDIX......................................................................................................................................................11
Labor Agreement
between
City of Elk River
and
Law Enforcement Labor Services, Inc.
ARTICLE 1 - 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 2 - 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, 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 3 - DEFINITIONS
3.1 Union Member: A member of Law Enforcement Labor Services, Inc., Local No. 271.
3.2 Employee: A member of the exclusively recognized bargaining unit.
3.3 Department: The City of Elk River Police Department.
3.4 Chief: The Chief of the City of Elk River Police Department.
3.5 Union Steward: Officer elected or appointed by Law Enforcement Labor Services, Inc., Local No.
271
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ARTICLE 4 - 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 5 - 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 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 modify, establish or eliminate.
ARTICLE 6 - 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.
6.3 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 Steward 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 Steward 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.
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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, 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.
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.
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.
3
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 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 7 - 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 8 - 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) hours worked on assigned shifts;
b) holidays;
c) assigned training;
d) 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.
8.3 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 9 - OVERTIME
9.1. Employees will be compensated at one and one-half (1 ½) time 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.
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 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.
4
9.7 For Employees scheduled to work contract security events; if the event is cancelled within twenty-
four (24) hours of the Employee’s start time the Employee shall receive a minimum of two (2) hours
pay at straight time.
ARTICLE 10 - COMPENSATORY TIME
Regular full-time Employees may be allowed to accumulate either overtime worked at the rate provided for
in Article 9 or compensatory time at the rate of one and one-half (1 ½) times 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 1 and December 31 of each calendar year. No more than (40) hours
of compensatory time shall be carried from one calendar year to the next.
ARTICLE 11 – SHIFT DIFFERENTIAL
Effective July 1, 2012, eEmployees who work a regular shift hours that starts between 6:00 p.m. and 115:59
pa.mm. shall be paid a shift differential of $0.25 50 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.
ARTICLE 12 - 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 ½) 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 power or night shift shall receive a
minimum of three (3) hours pay at two (2) times the Employee’s base rate of pay if the Employee is required
to appear in court prior to 12:00 p.m. that same day.
Administration will confirm a cancellation to a scheduled court appearance and notify Employees
electronically before the close of business (4:30 p.m. CST) the business day before the scheduled court
date. On any occasion where an electronic cancelation notice is not provided and court is subsequently
canceled after the close of business from the previous day, the Employee shall receive a minimum of
three (3) hours pay at one and one-half (1½) times the Employee’s base rate of pay.
ARTICLE 13 - STANDBY PAY
Regular full-time Employees required by the Employer to standby shall be paid for such standby time at the
rate of one-half (1/2) hours’ pay for each hour on standby.
ARTICLE 14 - DISCIPLINE
14.1 The Employer will discipline Employees for just cause only. Discipline will be in one of the
following forms:
5
a) Oral reprimand
b) Written reprimand
c) Suspension
d) Demotion
e) 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 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.
14.4 Employees may examine their own individual personnel files at reasonable times 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 6 of this Agreement.
ARTICLE 15 - SENIORITY
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 layoffs. 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's 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.
ARTICLE 16 - PROBATIONARY PERIODS
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 time during the probationary period a newly hired or rehired Employee may be terminated at
the sole discretion of the Employer.
16.4 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.
ARTICLE 17 - UNIFORMS
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.
Employees assigned to positions not requiring a uniform (i.e. investigator) shall be permitted to receive up to
seventy-five percent (75%) of the annual uniform allowance as cash reimbursement upon submittal of
6
receipts.
All items charged to the Employer by the regular full-time Employee on the voucher system basis must
receive prior approval of the Chief. The amount charged shall not exceed the outstanding balance in the
Employee’s uniform allowance account.
An Employee who has submitted a notice either verbally or in writing to terminate employment shall not
purchase uniforms under this section and reimbursement shall not be made for any purchases after the
notice.
Employees are required to maintain a proper duty uniform.
2016 $845.00
2017 $865.00
2018 $885.00
2019 $905.00
2020 $925.00
2021 $945.00
ARTICLE 18 - SICK LEAVE
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:
Personal illness or injury;
To attend medical and dental appointments;
To care for sick dependents;
To take dependents to medical and dental appointments;
Up to five days per 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.
In accordance with state and federal law.
Paid sick leave is provided for regular full-time and on a prorated basis for eligible part-time Employees.
Regular full-time 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
minimum of 1040 hours per year. Eligible part time employees hired on or after January 1, 2004, include
regularly scheduled part time 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 minimum of 1560 hours per year. Temporary and seasonal Employees are not eligible for
sick leave.
There is no limit on the amount of accrued sick time 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 time, the Employee must call his/her
immediate supervisor as soon as possible during the workday. The Employee is required to keep his/her
7
immediate 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 disciplinary 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 examination.
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:
1. The Employee must resign in good standing (not 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.
ARTICLE 19 - 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 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 workers compensation insurance payments.
ARTICLE 20 - VACATION
20.1 Regular full-time Employees hired shall earn vacation time at the following rate:
8
Length of Service Accrual Rate
From start of employment through
th
completion of the 5 year 88 working hours per year
th
Beginning of the 6 year through
th
completion of the 7 year 112 working hours per year
th
Beginning of the 8 year through
th
completion of the 9 year 120 working hours per year
th
Beginning of the 10 year through
th
completion of the 11 year 128 working hours per year
th
Beginning of the 12 year through
th
completion of the 13 year 136 working hours per year
th
Beginning of the 14 year through
th
completion of the 15 year 144 working hours per year
th
Beginning of the 16 year through
th
completion of the 17 year 152 working hours per year
th
Beginning of the 18 year 160 working hours per year
th
Beginning of the 19 year 168 working hours per year
th
Beginning of the 20 year 176 working hours per year
st
Beginning of the 21 year 184 working hours per year
nd
Beginning of the 22 year through
th
completion of the 24 year 192 working hours per year
th
Beginning of the 25 year and thereafter
200 working hours per year
20.2 40/40/40 Vacation Payout Option
An Employee may request a one-time per year payout for forty (40) hours of accumulated vacation
in conjunction with taking forty (40) hours of vacation leave provided that after the reduction of the
eighty (80) hours the Employee retains a minimum vacation balance of forty (40) hours. The
irrevocable election to take the 40/40/40 option must be made by the end of the year prior to taking
the vacation and the vacation hours taken must be consecutive. The vacation payout will be made
the latter of when the Employee has earned forty (40) hours of vacation in the year or the pay period
following the vacation taken.
ARTICLE 21 - BEREAVEMENT LEAVE
Regular full-time Employees shall be eligible for bereavement leave per City Policy.
9
ARTICLE 22 - HOLIDAYS
22.1 All regular full-time Employees shall receive the following eleven (11) 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 Veteran’s Day
Martin Luther King Day Thanksgiving Day
President's Day Day after Thanksgiving Day
Memorial Day Christmas Eve Day
Independence Day Christmas Day
Labor Day
22.2 Regular full-time 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-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 between
December 1 and December 31 of each calendar year.
ARTICLE 23 - LEAVES OF ABSENCE
Employees will be granted leaves of absences as provided by law or City policy.
ARTICLE 24 - 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 25 - 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 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 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 knowledge or contemplation of either or both parties at the time this contract
was negotiated or executed.
ARTICLE 26 - DURATION
This Agreement shall be effective as of January 1, 20162019 and shall remain in full force and effect until the
10
31st day of December, 20182021.
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 271
John J. Dietz, Mayor Business Agent
Tina Allard, City Clerk Union Steward
11
APPENDIX
WAGES
1/1/20162019
Start $41.2244.94
After one (1) year $42.1245.91
After three (3) years $42.8346.68
Pay steps shall increase based on the following:
July 1, 2016 – Up to 0.5% increase based on average of comparison group on July 1, 2016.
January 1, 2017 2020 – 2.52.75% general wage increase.
July 1, 2017 2020 – Up to 0.5% increase based on average of comparison group on July 1, 2017.Market adjustment
to peer city average retro to January 1, 2020.
January 1, 2018 2021 – 2.52.75% general wage increase.
July 1, 2018 2021 – Up to 1% increase based on average of comparison group on July 1, 2018Market adjustment to
peer city average retro to January 1, 2021.
WAGE INCENTIVE PROGRAM
Regular full-time 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
After twenty-one (21) years – Up to 9% 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.
HEALTH CARE SAVINGS PLAN
By payroll deduction, all members in the bargaining group shall contribute $100 per month to the
Minnesota State Retirement System Health Care Savings Plan. This plan is pursuant to Minnesota Statute
§352.98.
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