4.18 SR 12-16-2024City of
Elk -
River
To
City Council
Meeting Date
December 16, 2024
Item Description
Master Labor Agreement 24-37 with Law
Enforcement Labor Services Local 271
Request for Action
Item Number
4.18
Prepared By
Lauren Wipper, Human Resources Manager
Reviewed by
Cal Portner
Tina Allard
Action Requested
Approve, by motion, the Master Labor Agreement 24-37 (Contract) between the City of Elk River and Law
Enforcement Labor Services (LELS) Local #271 for January 1, 2025, to December 31, 2026.
Background/Discussion
City staff negotiated an agreement with the police sergeant's labor union (LELS #271). The agreed -to
provisions of the contract are consistent with pervious Council discussions as well as with other labor
agreements and city policies. The new terms are as follows:
Grievance Procedure Step 4 updated with current state law.
Shift Differential Changed from $0.75 to 2.5% to be consistent with patrol and to prevent the need to
adjust each contract.
Uniforms
Increased from $700.00 to $725.00. Change language from develop to maintain a Load
Bearing Vest program.
Severance Pay
Added language to be consistent with patrol and city policy.
Injury on Duty
Added extension of IOD and modified to be consistent with patrol.
Holidays
Added Juneteenth.
Leaves of Absence
Added an exception to Earned Sick and Safe Time (ESST) excluding employees from
using ESST for their child's school or daycare weather -related closing.
Wages
4% general increase on January 1, 2025, and 2.75% on the first day of the pay period
that includes January I, 2026. Mid -year look back adjustment to the top 3 of peer cities
each year.
Health Core Savings
Continued for the life of this contract.
Plan
Speciality Pay
Additional pay for performing all FTO duties, additional pay while instructing Firearms
or Defensive Tactics, and additional pay while performing Negotiator or SWAT duties.
The Elk River Vision
A avelcoming community with revolutionary and spirited resourcefulness, exceptional service, and community p p W E H E 0 6
engagement that encourages and inspires prosperity INM 273
Financial Impact
The January I, 2025, general increase is included in the 2025 approved budget. Other costs will be absorbed
by the department budget.
Mission/Policy/Goal
The Elk River mission
Attachments
I . Master Labor Agreement between the City of Elk River and Law Enforcement Labor Services, Inc. Local
#271
2. Marked up version of 2022 to 2024 Agreement
Page 146 of 273
MASTER LABOR AGREEMENT
BETWEEN
THE CITY OF ELK RIVER
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL 271
Effective January I, 2025, through December 31, 2026
Page 147 of 273
INDEX
ARTICLE 1. PURPOSE OF AGREEMENT...........................................................................1
ARTICLE2. RECOGNITION....................................................................................................1
ARTICLE3. DEFINITIONS.....................................................................................................1
ARTICLE4. UNION SECURITY.............................................................................................2
ARTICLE 5. EMPLOYER AUTHORITY...............................................................................2
ARTICLE 6. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ..............................2
ARTICLE7. SAVINGS CLAUSE..............................................................................................4
ARTICLE 8. WORK SCHEDULES..........................................................................................4
ARTICLE9. OVERTIME...........................................................................................................4
ARTICLE 10. COMPENSATORY TIME ................................................................................5
ARTICLE 11. SHIFT DIFFERENTIAL......................................................5
ARTICLE12. COURT TIME.....................................................................................................5
ARTICLE13. STANDBY PAY..................................................................................................5
ARTICLE 14. DISCIPLINE........................................................................................................5
ARTICLE15. SENIORITY.........................................................................................................6
ARTICLE 16. PROBATIONARY PERIODS.........................................................................6
ARTICLE17. UNIFORMS.........................................................................................................6
ARTICLE18. SICK LEAVE.......................................................................................................7
ARTICLE19. INJURY ON DUTY...........................................................................................9
ARTICLE20. VACATION.........................................................................................................9
ARTICLE 21. BEREAVEMENT LEAVE.............................................................................10
ARTICLE22. HOLIDAYS........................................................................................................10
ARTICLE 23. DETECTIVE SERGEANT ON-CALL....................................11
ARTICLE 24. MILEAGE ALLOWANCE...................................................11
Page 148 of 273
ARTICLE 25. LEAVES OF ABSENCE.................................................................................11
ARTICLE26. INSURANCE.....................................................................................................11
ARTICLE27. WAIVER.............................................................................................................11
ARTICLE28. DURATION......................................................................................................11
APPENDIX...................................................................................................................................13
Page 149 of 273
Labor Agreement
between
City of Elk River
and
Law Enforcement Labor Services, Inc.
ARTICLE I - PURPOSE OF AGREEMENT
This Agreement is entered into between the City of Elk River hereinafter called the Employer, and Law
Enforcement Labor Services, Inc., Local No. 271, hereinafter called the Union.
The intent and purpose of this Agreement is to:
1.1 Establish certain hours, wages, and other conditions of employment;
1.2 Establish procedures for the resolution of disputes concerning this Agreement's interpretation
and/or application;
1.3 Specify the full and complete understanding of the parties; and
1.4 Place in written form the parties' full agreement upon terms and conditions of employment for the
duration of this Agreement.
The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public
service. Both parties recognize this Agreement as a pledge of this dedication.
ARTICLE 2 - RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative for all Employees in a unit
certified by the State of TNEnnesota 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 CityT 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.
6.4 PROCEDURE
Grievances, as defined by Section 6.1, shall be resolved in conformance with the following
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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.
For grievance matters involving written disciplinary action, discharge, or termination, the assignment of an
arbitrator shall be consistent with Minnesota Statute 626.892. For all other grievances, 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
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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 1/2) 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.
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.
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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 '/2) 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 I I - SHIFT DIFFERENTIAL
Employees who work shift hours between 6:00 p.m. and 5:59 a.m. shall be paid a shift differential of 2.5% of
the Employee's base wage 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 Employee's scheduled off -duty
time shall receive a minimum of three (3) hours pay at one and one-half (1 1/2) times the Employee's base
pay rate. An extension or early report to a regularly scheduled shift does not qualify the regular full-time
Employee for the three (3) hour minimum. An Employee who works a 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 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 (11/2) 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:
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
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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 IS -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 $725.00 uniform allowance each year to be used on a voucher
system basis.
Employees assigned to positions not requiring a uniform (i.e. detective) shall receive a 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'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.
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Employees are required to maintain a proper duty uniform.
The city will maintain a Load Bearing Vest program and fund Load Bearing Vests and replacements
which include replacement of pouches and accessories.
ARTICLE 18 - SICK LEAVE
18.1 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;
• To utilize additional time for bereavement;
• 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.
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.
18.2 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) 8-hour days per year on the first pay day in November.
If 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 rate shall have one-half (1 /2) of the previous year's accrued
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18.3
18.4
hours paid into Employee's Post Employment Health Care Savings Plan and the remaining half
will remain in Employee's sick leave bank. ie: 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 checked the following year, Employee returns to the twelve (12)
days per year accrual rate. Employees are not eligible for HCSP 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.
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:
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 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:
15-19 consecutive years of service
60% of up to 960 hours
20-24 consecutive years of service
65% of up to 960 hours
25-29 consecutive years of service
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
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 leave in excess of nine
hundred sixty (960) hours to be used in accordance with the Family Medical Leave Act.
In the event of an Employee death, payment of this benefit consistent with this Article may be
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approved by the city administrator if the Employee would have been eligible for cash payment
under item 18.3
ARTICLE 19 - INJURY ON DUTY
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 Employee's vacation, sick leave or other
accumulated leave time, for any missed shift time off work due to injury, in addition to any partial shifts off
of work on the initial day of injury, and after four (4) working days initial waiting period per injury. The four
(4) working day waiting period shall be charged to the Employee's sick leave account less workers
compensation insurance payments.
A qualifying employee unable to return to work, certified so by a qualified physician, and injured as a result
while actively policing or participating in approved training may request an extension of Injury on Duty Pay
up to an additional forty-five (45) working days at the discretion of the city administrator of his/her
designee. The employee may appeal, in writing, a denied request to the Elk River City Council whose
decision is final and ungrievable.
An approved extension will begin after an additional three (3) working day waiting period commencing after
the original Injury on Duty period. The waiting period shall be charged to the regular full time Employee's
sick leave account less worker's 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
completion of the 51h year 88 working hours per year
Beginning of the 61' year through
completion of the 71h year 112 working hours per year
Beginning of the 81h year through
completion of the 91h year 120 working hours per year
Beginning of the 101h year through
completion of the 111h year 128 working hours per year
Beginning of the 121h year through
completion of the 131h year 136 working hours per year
Beginning of the 141h year through
completion of the 151h year 144 working hours per year
Beginning of the 161h year through
completion of the 171h year 152 working hours per year
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Beginning of the 18"
year
Beginning of the 19"
year
Beginning of the 201h
year
Beginning of the 21s'
year
Beginning of the 22nd
year through
completion of the 241h
year
Beginning of the 251h
year and thereafter
20.2 40/40/40 Vacation Payout Option
160 working hours per year
168 working hours per year
176 working hours per year
184 working hours per year
192 working hours per year
200 working hours per 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 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) twelve (12) 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
President's Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve Day
Christmas 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.
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ARTICLE 23 — DETECTIVE SERGEANT ON -CALL
23.1 A Detective Sergeant assigned by the Police Chief to a scheduled on -call duty rotation, will not be
regularly scheduled to work the above referenced twelve (12) holidays and will receive eight (8)
hours of regular pay for each designated holiday.
23.2 A Detective Sergeant assigned on -call duty by management at a time other than their weekly rotation
shall be compensated one hour of compensatory time for each day on -call. Changes made between
Employees do not qualify for the one -hour compensatory time.
ARTICLE 24 — MILEAGE ALLOWANCE
The Employer agrees to reimburse any Employee required to use his/her own auto per the mileage
allowance policy in effect for all city employees.
ARTICLE 25 - LEAVES OF ABSENCE
25.1 Employees will be granted leaves of absences as provided by law or City policy.
25.2 The weather event provision in the statutory ESST law outlined in Minnesota Statute Section
181.9447, subdivision 1, clause (4) is waived as to its applications for all positions in the bargaining
unit due to their role as first responders. The provisions of this Section sunset automatically upon
the expiration of this agreement.
ARTICLE 26 - 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 27 - WAIVER
27.1 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.
27.2 The parries 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 parries at the time this contract
was negotiated or executed.
ARTICLE 28 - DURATION
This Agreement shall be effective as of January 1, 2025 and shall remain in full force and effect until the 31 st
day of December, 2026.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of
, 20_
FOR THE CITY OF ELK RIVER
John J. Dietz, Mayor
Tina Allard, City Clerk
12
FOR LAW ENFORCEMENT
LABOR SERVICES, INC.
LOCAL 271
Business Agent
Union Steward
Page 161 of 273
APPENDIX
WAGES
1/1/2025
Start $57.88
After one (1) year $59.14
After three (3) years $60.13
Pay steps shall increase based on the following -
July 1, 2025 — Market adjustment to top 3 of peer city contracts applied in 0.25% increments retro to January 1,
2025.
The first day of the pay period that includes January 1, 2026 — 2.75% general wage increase.
July 1, 2026 — Market adjustment to top 3 of peer city contracts applied in 0.25% increments retro to the first day
of the pay period that includes January 1, 2026.
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 4% of their base salary each
payroll to the Minnesota State Retirement System Health Care Savings Plan. For 2025, and 2026, all
compensatory time, vacation time, holiday pay, and sick severance eligible to be paid out at separation will
be paid into the employee's Health Care Savings Plan. This plan is pursuant to Minnesota Statute �352.98.
SPECIATLY PAY
Certified Field Training Officer Employees shall be paid three (3) hours per day while performing all the
duties of a Field Training Officer. This includes completing all required Field Training documentation.
Employees assigned Firearms Instructor or Defensive Tactics Instructor shall be paid three (3) hours
straight pay per day while performing as an instructor for more than four (4) hours. If performing these
duties for four (4) or fewer hours, they will receive 1.5 hours of additional pay.
Negotiators and SWAT members shall receive 2.5% above base rate when actively performing the role.
This does not include training.
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MASTER LABOR AGREEMENT
BETWEEN
THE CITY OF ELK RIVER
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL 271
Effective January I, 14122025, through December 31, 242-42026
Page 163 of 273
INDEX
ARTICLE 1. PURPOSE OF AGREEMENT...........................................................................1
ARTICLE2. RECOGNITION....................................................................................................1
ARTICLE3. DEFINITIONS.....................................................................................................1
ARTICLE4. UNION SECURITY.............................................................................................2
ARTICLE 5. EMPLOYER AUTHORITY...............................................................................2
ARTICLE 6. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ..............................2
ARTICLE7. SAVINGS CLAUSE..............................................................................................4
ARTICLE 8. WORK SCHEDULES..........................................................................................4
ARTICLE9. OVERTIME...........................................................................................................4
ARTICLE 10. COMPENSATORY TIME ................................................................................5
ARTICLE 11. SHIFT DIFFERENTIAL......................................................5
ARTICLE12. COURT TIME.....................................................................................................5
ARTICLE13. STANDBY PAY..................................................................................................5
ARTICLE 14. DISCIPLINE........................................................................................................5
ARTICLE15. SENIORITY.........................................................................................................6
ARTICLE 16. PROBATIONARY PERIODS.........................................................................6
ARTICLE17. UNIFORMS.........................................................................................................6
ARTICLE18. SICK LEAVE.......................................................................................................7
ARTICLE19. INJURY ON DUTY...........................................................................................8
ARTICLE20. VACATION.........................................................................................................8
ARTICLE 21. BEREAVEMENT LEAVE...............................................................................9
ARTICLE22. HOLIDAYS..........................................................................................................9
ARTICLE 23. DETECTIVE SERGEANT ON-CALL....................................10
ARTICLE 24. MILEAGE ALLOWANCE...................................................10
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ARTICLE 25. LEAVES OF ABSENCE.................................................................................10
ARTICLE26. INSURANCE.....................................................................................................10
ARTICLE27. WAIVER.............................................................................................................10
ARTICLE28. DURATION......................................................................................................11
APPENDIX...................................................................................................................................12
Page 165 of 273
Labor Agreement
between
City of Elk River
and
Law Enforcement Labor Services, Inc.
ARTICLE I - PURPOSE OF AGREEMENT
This Agreement is entered into between the City of Elk River hereinafter called the Employer, and Law
Enforcement Labor Services, Inc., Local No. 271, hereinafter called the Union.
The intent and purpose of this Agreement is to:
1.1 Establish certain hours, wages, and other conditions of employment;
1.2 Establish procedures for the resolution of disputes concerning this Agreement's interpretation
and/or application;
1.3 Specify the full and complete understanding of the parties; and
1.4 Place in written form the parties' full agreement upon terms and conditions of employment for the
duration of this Agreement.
The Employer and the Union, through this Agreement, continue their dedication to the highest quality of public
service. Both parties recognize this Agreement as a pledge of this dedication.
ARTICLE 2 - RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative for all Employees in a unit
certified by the State of TNEnnesota 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 CityT 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_
,For grievance matters involving written
discinlinary action_ discharge_ or termination_ the assignment of an arbitrator shall be consistent with
Minnesota Statute 626.892. For all other grievances, 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
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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:
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 '/Z) 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.
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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 '/Z) 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 I I - SHIFT DIFFERENTIAL
Employees who work shift hours between 6:00 p.m. and 5:59 a.m. shall be paid a shift differential of
of the Employee's base wage 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 Employee's scheduled off -duty
time shall receive a minimum of three (3) hours pay at one and one-half (1 1/2) times the Employee's base
pay rate. An extension or early report to a regularly scheduled shift does not qualify the regular full-time
Employee for the three (3) hour minimum. An Employee who works a 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 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 (11/2) 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:
a) Oral reprimand
b) Written reprimand
c) Suspension
d) Demotion
e) Discharge
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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 IS -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 $700725.00 uniform allowance each year to be used on a
voucher system basis.
Employees assigned to positions not requiring a uniform (i.e. detective) shall receive a 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's uniform allowance account.
An Employee who has submitted a notice either verbally or in writing to terminate employment shall not
6
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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.
The city will de-�-eleprmaintain a Load Bearing Vest program and fund Load Bearing Vests and
replacements which include replacement of pouches and accessories.
ARTICLE 18 - SICK LEAVE
18.1 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;
• To utilize additional time for bereavement;
• 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.
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.
18.2 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) 8-hour days per year on the first pay day in November.
If Employee is under 960 accrued sick hours they will remain accruing at the rate of twelve (12)
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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 rate shall have one-half (1 /2) of the previous year's accrued
hours paid into Employee's Post Employment Health Care Savings Plan and the remaining half
will remain in Employee's sick leave bank. ie: 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 checked the following year, Employee returns to the twelve (12)
days per year accrual rate. Employees are not eligible for HCSP 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.
18.3 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:
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 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:
15-19 consecutive
years of service
60% of up
to 960 hours
20-24 consecutive
years of service
65% of up
to 960 hours
25-29 consecutive
years of service
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
Fifthpercent (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,
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.•�
Any accumulated sick leave in excess of nine hundred sixty (960) hours is not eligible for
payment under this policy. Employees may continue to accumulate sick leave in excess of nine
hundred sixty (960) hours to be used in accordance with the Family Medical Leave Act.
18.4 In the event of an Employee death, payment of this benefit consistent with this Article may be
approved by the city administrator if the Employee would have been eligible for cash paw
under item 18.3
ARTICLE 19 - INJURY ON DUTY
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 Employee's
vacation, sick leave or other accumulated leave time, for €tany missed shift time off work due to
injury, in addition to any partial shifts off of work on the initial day of injury, and after three-Ofour 4
working days initial waiting period per injury. -The 4+ree-(3)four 4 working day waiting period shall be
charged to the Employee's sick leave account less workers compensation insurance
payments.
A aualifving emplovee unable to return to work certified so by a aualified phvsician_ and iniured as a result
while activel3policing or participating in approved training may reduest an extension of Injury on Duty Pay
up to an additional forty-five (45) working days at the discretion of the city administrator of his/her
designee. The emnlovee may appeaL in writing_ a denied reauest to the Elk River City Council whose
decision is final and ungrievable.
An approved extension will begin after an additional three working day waiting period commencing after
the original Injury on Dut3period. The waiting period shall be charged to the regular full time Emplgyee's
sick leave account less worker's compensation insurance payments.
ARTICLE 20 - VACATION
20.1 Regular full-time Employees shall earn vacation time at the following rate:
Length of Service
From start of employment through
completion of the 5Ih year
Beginning of the 6`h year through
completion of the 7Ih year
Beginning of the 8Ih year through
completion of the 91h year
0
Accrual Rate
88 working hours per year
112 working hours per year
120 working hours per year
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Beginning of the 10" year through
completion of the 111h year 128 working hours per year
Beginning of the 121h year through
completion of the 131h year 136 working hours per year
Beginning of the 141h year through
completion of the 151h year 144 working hours per year
Beginning of the 161h year through
completion of the 171h year 152 working hours per year
Beginning of the 181h year 160 working hours per year
Beginning of the 191h year 168 working hours per year
Beginning of the 201h year 176 working hours per year
Beginning of the 21s' year 184 working hours per year
Beginning of the 22nd year through
completion of the 241h year 192 working hours per year
Beginning of the 251h 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�7) twelve 12 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
President's Day
Memorial Day
T„ luneteenth
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve Day
Christmas Day
,
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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 — DETECTIVE SERGEANT ON -CALL
A Detective Sergeant assigned by the Police Chief to a scheduled on -call duty rotation, will not be regularly
scheduled to work the above referenced eleven (11) holidays and will receive eight (8) hours of regular pay
for each designated holiday.
A Detective Sergeant assigned on -call duty by management at a time other than their weekly rotation shall be
compensated one hour of compensatory time for each day on -call. Changes made between Employees do
not qualify for the one -hour compensatory time.
ARTICLE 24 — MILEAGE ALLOWANCE
The Employer agrees to reimburse any Employee required to use his/her own auto per the mileage
allowance policy in effect for all city employees.
ARTICLE 25 - LEAVES OF ABSENCE
Employees will be granted leaves of absences as provided by law or City policy.
The weather event provision in the statutory ESST law outlined in Minnesota Statute Section 181.9447,
subdivision 1, clause is waived as to its applications for all positions in the bargaining unit due to their
role as first responders. The provisions of this Section sunset automaticall�pon the expiration of this
agreement.
ARTICLE 26 - 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 27 - 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
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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 parries at the time this contract
was negotiated or executed.
ARTICLE 28 - DURATION
This Agreement shall be effective as of January 1, 2022-2025 and shall remain in full force and effect until
the 31 st day of December, 20242026.
IN WITNESS WHEREOF, the parries hereto have executed this Agreement on this day of
, 20_
FOR THE CITY OF ELK RIVER
John J. Dietz, Mayor
Tina Allard, City Clerk
12
FOR LAW ENFORCEMENT
LABOR SERVICES, INC.
LOCAL 271
Business Agent
Union Steward
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APPENDIX
WAGES
1/1/20222025
Start $49.4757.88
After one (1) year $50.5559.14
After three (3) years $51.4060.13
Pay steps shall increase based on the following -
July 1, 2022 2025 — Market adjustment to top 304,� of peer city contracts applied in 0.25% increments retro to
January 1, 20225.
The first day of the M period that includes January 1, 20236 — 2.75% general wage increase.
July 1, 2023 2026 — Market adjustment to top 30°�3 of peer city contracts applied in 0.25% increments retro to the
first day of the pay period that includes January 1, 20236.
0
0 peer-0
2024.
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 4% of their base salary each
payroll to the Minnesota State Retirement System Health Care Savings Plan. For 29222025, 2923; and
20242026, all compensatory time, vacation time, holiday pay, and sick severance eligible to be paid out at
separation will be paid into the employee's Health Care Savings Plan. This plan is pursuant to Minnesota
Statute §352.98.
SPECIATLY PAY
Certified Field Training Officer Employees shall be paid three (3) hours per day while performing all the
duties of a Field Training Officer. This includes completing all reduired Field Training documentation.
Employees assigned Firearms Instructor or Defensive Tactics Instructor shall be paid three (3) hours
straight paper day while performing as an instructor for more than four (4) hours. If performing these
duties for four O or fewer hours, they will receive 1.5 hours of additional pa.
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Negotiators and SWAT members shall receive 2.5% above base rate when activel3performing the role.
This does not include training.
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