4.8 SR 01-18-2022Request for Action
To
Item Number
Mayor and Ci T Council
4.8
Agenda Section
Meeting Date
Prepared by
Consent
January 18, 2022
Cal Portner, City Administrator
Item Description
Reviewed by
Law Enforcement Labor Services No. 501
Lauren Wipper, Human Resources Manager
Reviewed by
Collective Bargaining Agreement
Lori Ziemer, Finance Director
Action Requested
Approve, by motion, the 2022-2023 Collective Bargaining Agreement with Law Enforcement Labor Services
(LELS) No. 501, Police Captains.
Background/Discussion
In October of 2021, City of Elk River Police Captains petitioned to organize for collective bargaining purposes.
In early November of 2021, the Bureau of Mediation Services certified Law Enforcement Labor Services (LELS)
as their exclusive representation.
The new unit has two members. The base outline for their contract is our existing collective bargaining agreement
with LELS # 271, Elk River Police Sergeants.
Administration and the union met three times before coming to a tentative two-year agreement subject to City
Council approval. On December 20, 2021, the Council met in closed session with the city administrator to discuss
the proposed contract. At the meeting, the Council gave staff direction for the negotiation and this agreement
meets the parameters of Council direction.
One difference from the Sergeants and Patrol contracts is this contract does not include the Wage Incentive Plan
(WIP). WIP is unique to Elk River in that employees must meet personal and professional development goals to
qualify for wage adjustments that other cities frequently include as Longevity Pay. The 2022 Compensation Plan
included a statement that some Captain benefits may be superseded by collective bargaining.
Financial Impact
The wage scale change will be implemented over the two years of the contract.
Mission/Policy/Goal
The Elk River Mission and Vision
Attachments
Tentative Agreement Contract
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires pi ospei ly.
M
TUREJ
Updated.• August 2020
LABOR AGREEMENT
BETWEEN
THE CITY OF ELK RIVER
E� r,
River'
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
WEL S Law Enforcement
LabNor Services
Representing:
Captains
Effective January 1, 2022 through December 31, 2023
11►11]0:/
ARTICLE
PAGE
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........................................................................
5
ARTICLE 10
DISCIPLINE........................................................................
5
ARTICLE 11
PROBATIONARY PERIODS ...................................................
5
ARTICLE 12
UNIFORMS........................................................................
6
ARTICLE 13
SICK LEAVE......................................................................
6
ARTICLE 14
VACATION........................................................................
8
ARTICLE 15
BEREAVEMENT LEAVE ......................................................
8
ARTICLE 16
HOLIDAYS........................................................................
8
ARTICLE 17
LEAVES OF ABSENCE.........................................................
9
ARTICLE 18
INSURANCE......................................................................
9
ARTICLE 19
WAIVER............................................................................
9
ARTICLE 20
DURATION.........................................................................
9
APPENDIX.........................................................................................
10
ARTICLE I - PURPOSE OF AGREEMENT
This Agreement is entered into between the City of Elk River hereinafter called the Employer, and Law
Enforcement Labor Services, Inc., Local No. 501, 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 Captains 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
nonsupervisory, nonessential 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: Law Enforcement Labor Services, Inc. (LELS) Local No. 501.
3.2 Union Member: A member of Law Enforcement Labor Services, Inc., Local No. 501.
3.3 Employee: A member of the exclusively recognized bargaining unit.
3.4 Department: The City of Elk River Police Department.
3.5 Chief. The Chief of the City of Elk River Police Department.
3.6 Union Steward: Officer elected or appointed by Law Enforcement Labor Services, Inc., Local
501.
3.7 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.
3.8 Probationary Period: That period of time from date of promotion until an Employee is certified as
a regular Employee.
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. The Employer,
upon written request of the Employee shall cancel such dues deduction.
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. The bulletin board shall not be used for posting or
distributing pamphlets of political or religious matter of any kind or for advertising. Under no
circumstances shall the use of the bulletin board conflict with the operation of the Employer.
4.6 The Union shall request access to the premise of the Employer at reasonable times and subject to
mutually agreed upon reasonable rules to investigate grievances and for other reasonable
purposes.
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.
2
6.2 UNION REPRESENTATIVES
The Employer will recognize the Union Steward 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 Stewards 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 Chief 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 fourteen (14) 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 fourteen (14) 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
fourteen (14) 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 fourteen (14)
calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2
may be appealed to Step 3 within fourteen (14) 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 fourteen (14) 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 for mediation or to arbitration within fourteen
(14) calendar days following the Employer -designated representative's final Step 2
answer. If the grievance is submitted to mediation and is not resolved, it may be appealed
to arbitration within fourteen (14) calendar days following the date of mediation. 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.
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:
4
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.
ARTICLE 9 - OVERTIME
9.1. Employees working third parry contract events shall be compensated at one and one-half (1'/2 )
times the top sergeant pay rate for hours worked in excess of the Employee's regularly scheduled
shift. Payment under this article does not change the Fair Labor Standards Act exempt status of
the Captain position. Contract events are defined as any event contracted with the city by any
person or organization that requires or requests police services. The event is invoiced by the city
and the organization or person pays the city directly for such services.
9.2 Employees will be compensated at two (2) times the top sergeant pay rate for hours worked in 9.1
on the actual holidays listed in Article 16.1.
ARTICLE 10 - DISCIPLINE
10.1 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
10.2 Suspensions, demotions and discharges will be in written form.
10.3 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.
10.4 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.
10.5 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 11 - PROBATIONARY PERIODS
11.1 All newly promoted Employees will serve a six (6) month probationary period.
11.2 At any time during the probationary period a promoted Employee may be demoted or reassigned
to the Employee's previous position at the sole discretion of the Employer.
ARTICLE 12 - UNIFORMS
Employees shall receive a uniform allowance as follows to be used on a voucher system basis. The annual
uniform allowance will be $700.00.
Employees assigned to positions not requiring a uniform shall be permitted to receive up to $700.00 in
uniform allowance as cash reimbursement upon submittal of receipts.
All items charged to the Employer by the 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 to terminate employment, verbally or in writing, shall not
receive reimbursement for any purchases after notice.
Employees are required to maintain a proper duty uniform.
Any new or additional items mandated by the City shall be purchased by the City.
The City will develop a Load Bearing Vest Program and fund load bearing vests and replacement.
ARTICLE 13 — SICK LEAVE
13.1 Employees shall accrue at the rate of twelve (12), eight -hour (8-hour) days of sick leave per year,
with no maximum accrual limit.
Leave balances will be checked on the last pay day in October of each year.
If Employee is at or over 960 accrued sick hours, they will begin accruing leave at the rate of
eight (8) days per year on the first pay day in November.
If an Employee is under 960 accrued sick hours, they will remain accruing at the rate of twelve
(12) days per year.
When balances are checked on the last pay day in October the following year, Employees
accruing at the eight (8) days per year rage shall have one-half (1/2) of the previous year's
accrued hours paid into Employee's Post Employment Health Care Savings Plan (PEHCSP) and
the remaining half will remain in the Employee's sick leave bank. i.e., If you begin the year at the
8-day accrual rate half of your year's accrual will be paid into your PEHCSP at the end of the
year and the other half will remain in your bank.
If the balance is below 960 when checking the following year, Employee returns to the twelve
(12) days per year accrual rate. Employees are not eligible for HSP payment when accruing at the
twelve (12) days per year rate and all unused accrued hours remain in their bank.
If the balance is at or above 960 when checked, they move to or remain in the eight (8) day per
year accrual plan.
For the purpose of implementing this plan in 2022, the leave balances will be checked on the first
pay day following the signing of this contract and the terms above will apply going forward, not
retroactively to January 1, 2022.
13.2 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.
There is no limit on the amount of accrued sick time that can be 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.
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 Chief 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.
4. The Employee must have completed two (2) consecutive years of City employment.
An eligible Employee 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 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 14 - VACATION
14.1 Employees promoted to Captain shall continue to earn vacation time at the following rate:
Length of Service
From start of employment through completion of the 5th year
Beginning of the 6th year through completion of the 7th year
Beginning of the 8th year through completion of the 9th year
Beginning of the loth year through completion of the 1 lth year
Beginning of the 12th year through completion of the 13th year
Beginning of the 14th year through completion of the 15th year
Beginning of the 16th year through completion of the 17th year
Beginning of the 18th year
Beginning of the 19th year
Beginning of the 20th year
Beginning of the 21 st year
Beginning of the 22nd year through completion of the 24th year
Beginning of the 25th year and thereafter
14.2 40/40/40 Vacation Payout Option
Accrual Rate
88 working hours / year
112 working hours / year
120 working hours / year
128 working hours / year
136 working hours / year
144 working hours / year
152 working hours / year
160 working hours / year
168 working hours / year
176 working hours / year
184 working hours / year
192 working hours / year
200 working hours / year
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 15 - BEREAVEMENT LEAVE
Employees shall be eligible for bereavement leave per City Policy.
ARTICLE 16 - HOLIDAYS
16.1 All regular full-time Employees shall receive the following eleven (11) holidays off with pay.
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
ARTICLE 17 - LEAVES OF ABSENCE
Employees will be granted leaves of absences as provided by law or City policy.
ARTICLE 18 - 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 19 - WAIVER
19.1 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.
19.2 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 20 - DURATION
This Agreement shall be effective as of January 1, 2022 and shall remain in full force and effect until
December 31, 2023.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this _0 day o
20 ZZ,
FOR THE CITY OF ELK RIVER FOR IAVE ORCEMENT LABOR SERVICES
LO L O1
Mayor Business Agent
City Clerk
�aepJo C�x�L
Union Steward
APPENDIX
WAGES
A
B
C
D
E
l/l/2022
$108,705
$113,501
$118,296
$123,092
$127,888
1/l/2023
$116,803
$121,956
$127,109
$132,262
$137,415
Employees will continue at the same step and anniversary date as previously established in the city's pay
plan.
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.
Employees will place 100% of their sick leave severance, as paid per item 13.1, into their PEHCSP unless
the Employee has opted out of the program which is approved due to a qualified exemption rule: this
provision is irrevocable as set for by law. Should an Employee choose this opt -out provision, it will be
paid to the Employee as severance.
10