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4.7 SR 08-21-2023�, Elk s �- River Request for Action To Item Number Ma Tor and CinT Council 4.7 Agenda Section Meeting Date Prepared by Consent A enda Au ust 21, 2023 LauYen Wi eY, Human ResouYces Mana eY Item Description Reviewed by MasteY Labor AgYeement Between the Cityr of Elk Cal PortneY, Ci r Administrator River and Law Enforcement Labor Services Local Reviewed by #501 Action Requested Approve, byT motion, the Master Labor Agreement (Contract) between the CityT of Elk River and La`v EnfoYcement LaboY Services Local #501 foY Januaryr 1, 2024, to DecembeY 31, 2026. Background/Discussion The police captain labor union (LELS #501) agYeed to teYms of a new Contract that are consistent with previous Council discussions. The ne`v terms are as follo`vs: G�zevance SeveT ance 40/40/40 Holi�iiys 1�ages Heqlth C��S�ings Added language related to the statutorily required arbit�ator assignment. Requires 5 yTears of service for 40% payout until 10 years for 50% payTout. Retiring employTees receive larger percentage payouts. Added language allowing payout in the event of death. Vacation hours taken do not need to be consecutive and payT out occurs byT submittal of valid form or the second payT dayT in November. Added Juneteenth as a listed holidayT. 1/1/24 4%, 6/1/24 possible 3%, 1/1/25 3%, 6/1/25 possible 3%, 1/1/26 2.75%, 6/1/26 possible 3% Added language regarding no contributions allo`ved after death. Financial Impact Costs will be included in the budget. Mission/Policy/Goal The Elk River l��ission Attachments Master Labor Agreement bet�veen the CityT of Elk River and LELS Local #501 Marked up version of 2022 to 2023 Agreement The Elk River Vision A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty. rowEREo ar �I'1 ���� Update�l• January 2023 LABOR AGREEMENT BETWEEN THE CITY OF ELK RIVER C�:y E AND LAW ENFORCEMENT LABOR SERVICES, INC. LE S Law Enforcement L Labor Services Representing: Captains Effective January 1, �-9��2024 through December 31, �-9��2026 Kive r 1NDEX ARTICLE ARTICLE 1 PURPOSE OF AGREEMENT ................................................... ARTICLE 2 RECOGNITION ................................................................... ARTICLE 3 DEFINITIONS ..................................................................... ARTICLE 4 UNION SECURITY ............................................................... ARTICLE 5 EMPLOYER AUTHORITY . ... . .. ... ... ... . .. ... ... ... ... ... ... . .. ... ... ... . ... ARTICLE 6 EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE . ... ... . .. ... ... . .. .. ARTICLE 7 SAVINGS CLAUSE .............................................................. ARTICLE 8 WORK SCHEDULES ............................................................ ARTICLE 9 OVERTIME ........................................................................ ARTICLE 10 DISCIPLINE ........................................................................ ARTICLE 11 PROBATIONARY PERIODS ................................................... ARTICLE 12 UNIFORMS ........................................................................ ARTICLE 13 SICK LEAVE ...................................................................... ARTICLE 14 VACATION ........................................................................ ARTICLE 15 BEREAVEMENT LEAVE ...................................................... ARTICLE 16 HOLIDAYS ........................................................................ ARTICLE 17 LEAVES OF ABSENCE ......................................................... ARTICLE 18 1NSURANCE ...................................................................... ARTICLE 19 WAIVER ............................................................................ ARTICLE 20 DURATION ......................................................................... APPENDIX......................................................................................... PAGE 1 1 1 2 2 2 4 4 5 5 5 6 6 8 8 8 9 9 9 9 10 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. 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 far 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 recogniae this Agreement as a pledge of this dedication. ARTICLE 2 - RECOGNITION 2.1 The Employer recogniaes 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. 22 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. 32 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 Chie£ 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 wark, 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 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. 42 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 matters 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 premises of the Employer at reasonable times and subj ect 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 utiliaation of technology, to establish and modify the organiaational 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 62 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. 63 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 wark 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 ar 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 inediation. 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. For grievance matters involving written disciplinary action, discharge, or termination, the assi�nment of an arbitrator shall be consistent with Minnesota Statute 626.892. 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 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 far 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 based on 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 wark year far 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. 82 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 warking third party contract events shall be compensated at one and one-half (1 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 organiaation or person pays the city directly for such services. 92 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 102 Suspensions, demotions and discharges will be in written form. 103 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. 112 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 Chie£ 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 m�imum accrual limit. Lea�e 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 has 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. 132 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 lea�e is suspected by the Chief ar the City Administrator. In some circumstances, an Employee may be requested to submit to a medical examination by a physician or medical faciliry 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. 13.3 SEVERANCE PAY An Em�lo�-ee resignin� his/her em�lo�-ment �eith the Cim ma�- be eli�ible for a cash out of unused sicl� lea�-e if the follo�ving conditions are met: 1. The Em�lo�-ee must resign in good standing (Em�lo�-ee is not being terminated bv the Cit�1; and �. The Em�lo�ree must �rovide �ro�er written notice of his/her resignation at least fourteen (14� calendar da�rs in advance and in accordance with the Ci ,r Resignation Polic�; and 3. The Em�lo�ee must execute a release of claims. Pa�-ment shall be based on the consecutive vears of senice completed bv the Em�lovee and his/her accrued sick leave balance. An Em�lovee terminating after com�letin� five SL�rears of consecutive service will receive �a�rment as outlined below. Pavment shall be at the current rate of �a�r when the resignation is submitted. 7-9 consecutive �rears of service 40% of u� to 960 hours 10 or more consecuti�re �rears of ser�rice 50% of hours u� to 960 hours For Em�lo�rees with 15 or more �ears of service and retiring at age 50 or older from regular, fulltime POST Uualified �olice work: 15-19 consecutive �ears of service 60% of u� to 960 hours 20-24 consecutive �ears of service 65% of u� to 960 hours 2�-29 consecuti�re �ears of service 70% of u� to 960 hours 30-32 consecutive �rears of service 75% of u� to 960 hours 33 or more consecutive �rears of service 80% of u� to 960 hours Fift�ercent (50%) of the se�rerance will be �aid in accordance with the timeline outlined in the release of claims. The remaining severance will be �aid a�nro�matelv 90 da�rs following termination �rovided the Em�lovee does not return to active �olicin� . Y Y � �� r Y ♦ � !SE!!1!!S!�l�S !!!!!!:!l�S� 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 lea�e in excess of nine hundred sixty (960) hours to be used in accordance with the Family Medical Leave Act. 13.4 In the et-ent of an Em�lo�-ee death,�a�-ment of this benefit consistent «-ith this �rticle ma�- be �looro�ed b� the cit� administrator if the Em�lo�ee would have been eligible for cash �a�ment under item 13.3. ARTICLE 14 - VACATION 14.1 Employees promoted to Captain shall continue to earn vacation time at the following rate: Len�th of Service From start of employment through completion of the Sth year Beginning of the 6th year tY�rough completion of the 7th year Beginning of the 8th year tY�rough completion of the 9th year Beginning of the l Oth year through completion of the llth 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 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 142 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 ���' *'�� T��*��r'����r� *�'��r ���*'�� � ��*�T��. The vacation payoutwill be made ��,� �.,,�o,- „�.. �,o., ��,o �,,.r�,,. oo �,,,� o o,, �.�. ��n� �,,,,,,-� „�.,.,,..,�:,,,, ; �r�the pay period following the submittal of a valid Vacation Pay Out form b.�� the employee indicatin� the above criteria have been met or the second pav day in November of each vear, whichever comes first.T����+��„ +�'��r. 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 Juneteenth 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 absence 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. 192 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opporiunity 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, �'z2024 and shall remain in full force and effect until December 31, �A?�2026. IN WIT'NESS WHEREOF, the parties hereto have executed this Agreement on this day of 20 . FOR THE CITY OF ELK RIVER FOR LAW ENFORCEMENT LABOR SERVICES LOCAL 501 Mayor Business Agent City Clerk Union Steward 10 APPENDIX WAGES A B C D E �(}�2 cin4 �nc ci i2 cni ci iu �oti �i�a no� �i�� Qa4 � `, �T -�-�r, �z �n �9�� ciiti Qn� ci�i �c� ci�� ino ���� �ti� ci�� �ic -,� �� �� �� �T -,�-�-T� 1/1/2024 S121,475 S126,834 S132,193 S137,552 S142,912 � P�l�- ste�s shall increase based on the following Tune 1, 2024 — Market adjustment to number 3 of �eer citv contracts a�lied in 0.25% increments not to exceed 3% retroactive to �anuary 1, 2024. Tanuar�r 1, 2025 — 3% general wage increase. Tune 1, 2025 — Market adjustment to number 3 of �eer cit�r contracts a�lied in 0.25% increments n�t to exceed 3% retroactive to �anua ,r�r 1, 2025. Tanuar� 1, 2026 — 2.75% general wage increase. Tune 1, 2026 — Market adjustment to number 3 of �eer cinr contracts a�lied in 0.25% increments not to exceed 3% retroactive to �anuar�r 1, 2026. 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. I; non the death of an Em�lo�-ee, contributions c�u1 no longer be made to the HCSP. l�n�- �a�-ments o�ved but not �-et �ud into the HCSP �vill be �2id out as re�t�11r inc�me in acc�rdlnce «�ith state �u1d federal l�i�v 11 LABOR AGREEMENT BETWEEN THE CITY OF ELK RIVER C�:y E AND LAW ENFORCEMENT LABOR SERVICES, INC. LE S Law Enforcement L Labor Services Representing: Captains Effective January 1, 2024 through December 31, 2026 Kive r 1NDEX ARTICLE ARTICLE 1 PURPOSE OF AGREEMENT ................................................... ARTICLE 2 RECOGNITION ................................................................... ARTICLE 3 DEFINITIONS ..................................................................... ARTICLE 4 UNION SECURITY ............................................................... ARTICLE 5 EMPLOYER AUTHORITY . ... . .. ... ... ... . .. ... ... ... ... ... ... . .. ... ... ... . ... ARTICLE 6 EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE . ... ... . .. ... ... . .. .. ARTICLE 7 SAVINGS CLAUSE .............................................................. ARTICLE 8 WORK SCHEDULES ............................................................ ARTICLE 9 OVERTIME ........................................................................ ARTICLE 10 DISCIPLINE ........................................................................ ARTICLE 11 PROBATIONARY PERIODS ................................................... ARTICLE 12 UNIFORMS ........................................................................ ARTICLE 13 SICK LEAVE ...................................................................... ARTICLE 14 VACATION ........................................................................ ARTICLE 15 BEREAVEMENT LEAVE ...................................................... ARTICLE 16 HOLIDAYS ........................................................................ ARTICLE 17 LEAVES OF ABSENCE ......................................................... ARTICLE 18 1NSURANCE ...................................................................... ARTICLE 19 WAIVER ............................................................................ ARTICLE 20 DURATION ......................................................................... APPENDIX......................................................................................... PAGE 1 1 1 2 2 2 4 4 5 5 5 6 6 8 9 9 9 9 9 10 11 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. 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 far 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 recogniae this Agreement as a pledge of this dedication. ARTICLE 2 - RECOGNITION 2.1 The Employer recogniaes 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. 22 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. 32 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 Chie£ 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 wark, 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 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. 42 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 matters 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 premises of the Employer at reasonable times and subj ect 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 utiliaation of technology, to establish and modify the organiaational 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 62 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. 63 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 wark 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 ar 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 inediation. 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. For grievance matters involving written disciplinary action, discharge, or tennination, the assignment of an arbitrator shall be consistent with Minnesota Statute 626.892. 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 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 far 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 based on 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 wark year far 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. 82 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 warking third party contract events shall be compensated at one and one-half (1 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 organiaation or person pays the city directly for such services. 92 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 102 Suspensions, demotions and discharges will be in written form. 103 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. 112 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 Chie£ 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 m�imum accrual limit. Lea�e 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 has 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. 132 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 lea�e is suspected by the Chief ar the City Administrator. In some circumstances, an Employee may be requested to submit to a medical examination by a physician or medical faciliry 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. 133 SEVERANCE PAY An Employee resigning his/her employment with the City may be eligible for a cash out of unused sick leave if the following conditions are met: 1. The Employee must resign in good standing (Employee is not being terminated by the City); and 2. The Employee must provide proper written notice of his/her resignation at least fourteen (14) calendar days in advance and 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 five (5) years of consecutive service will receive payment as outlined below. Payment shall be at the current rate of pay when the resignation is submitted. 5-9 consecutive years of service 40% of up to 960 hours 10 or more consecutive years of service 50% of hours up to 960 hours For Employees with 15 or more years of service and retiring at age 50 or older from regular, fulltime POST qualified police work: 60% of up to 960 hours 65% of up to 960 hours 70% of up to 960 hours 30-32 consecutive years of service 75% of up to 960 hours 33 or more consecutive years of service 80% of up to 960 hours 15-19 consecutive years of service 20-24 consecutive years of service 25-29 consecutive years of service Fifty percent (50%) of the severance will be paid in accordance with the timeline outlined in the release of claims. The remaining severance will be paid approximately 90 days following termination provided the Employee does not return to active policing. 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 lea�e in excess of nine hundred sixty (960) hours to be used in accordance with the Family Medical Leave Act. 13.4 In the event of an Employee death, payment of this benefit consistent with this Article may be approved by the city administrator if the Employee would have been eligible for cash payment under item 13.3. ARTICLE 14 - VACATION 14.1 Employees promoted to Captain shall continue to earn vacation time at the following rate: Len�th of Service From start of employment through completion of the Sth year Beginning of the 6th year tY�rough completion of the 7th year Beginning of the 8th year tY�rough completion of the 9th year Beginning of the l Oth year through completion of the llth 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 142 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 lea�e 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. The vacation payout will be made the pay period following the submittal of a valid Vacation Pay Out form by the employee indicating the above criteria ha�e been met or the second pay day in November of each year, whichever comes first. 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 Juneteenth 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 absence as provided by law or City policy. ARTICLE 18 - INSURANCE The Employer shall contribute the same amount as that contributed far 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. 192 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opporiunity 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 far 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, 2024 and shall remain in full force and effect until December 31, 2026. IN WIT'NESS WHEREOF, the parties hereto have executed this Agreement on this day of 20 . FOR THE CITY OF ELK RIVER FOR LAW ENFORCEMENT LABOR SERVICES LOCAL 501 Mayor Business Agent City Clerk Union Steward 10 APPENDIX WAGES A B C D E 1/1/2024 $121,475 $126,834 $132,193 $137,552 $142,912 Pay steps shall increase based on the following: June 1, 2024 — Market adjustment to number 3 of peer city contracts applied in 0.25% increments not to eXceed 3% retroactive to January 1, 2024. January 1, 2025 — 3% general wage increase. June 1, 2025 — Market adjustment to number 3 of peer city contracts applied in 025% increments not to exceed 3% retroactive to January 1, 2025. January 1, 2026 — 2.75% general wage increase. June 1, 2026 — Market adjustment to number 3 of peer city contracts applied in 0.25% increments not to exceed 3% retroactive to January 1, 2026. 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. Upon the death of an Employee, contributions can no longer be made to the HCSP. Any payments owed but not yet paid into the HCSP will be paid out as regular income in accordance with state and federal law. 11