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3.10. SR 03-17-2008Elk REQUEST FOR ACTION River Item Number To 3.10. Ci Council Agenda Section Meeting Date Prepared by Consent March 17, 2008 Lori ohnson, Ci Administrator Item Description Reviewed by nt Between EELS Loca1271 A b greeme or Approve Master La and City of Elk River for the Period January 1, 2008 to Reviewed by December 31, 2009 Action Requested Approve the Master Labor Agreement between Law Enforcement Labor Services, Inc. Loca1271 (EELS) and the City of Elk River fox the period of January 1, 2008 to December 31, 2009. Background/Discussion At the February 19 and Mazch3 Executive Sessions, the City Council discussed on-going negations with EELS Loca1271 representing the police sergeants (Union). At the March 3 meeting, the Council reviewed the proposed settlement fox the contract beginning January 1, 2008. The union has voted to accept the proposal as discussed. The new contract includes changes in wages, uniform allowance, and court time. Additionally, a policy has been developed and agreed upon by the Union regarding payment of uniform allowance for employees who have submitted their resignation. The changes in the contract are summarized below: 1. Pay was determined using the same method used for all other employee groups whereby the pav was benchmarked to the 60"' pexcentde of pay for the City's comparison group. This equates to a 4.95% increase for 2008. The 2009 pay increase is 3%. 2. Uniform allowance was increased to $675 in 2008 and $695 in 2009. In addition to the change in the uniform amount, a policy was drafted by the police chief addressing the payment of uniform allowance to employees who have submitted, either verbally ox in writing, their intent to terminate. These employees will not be allowed to purchase uniforms after giving notice and will be required to xeimbtuse the City fox all uniform purchases made 30 days prior to submitting their notice of termination. 3. Court tithe was increased to a min;mum of three hours pay; this is consistent with court pay fox the patrol union. 5:\Counc0\Lori\2008\Approve Agreement Sergeants Union 03 17 08.doc Financial Impact All of the costs associated with approving this contract aze included in the 2008 budget with the exception of approximately $7,500 attributable to the 1.9% additional increase to bring the sergeant pay rates to the 60% percentile. At the end of the year, if the police personal service budget is not sufficient to cover this cost, a budget amendment will be made from Council Contingency. Attachments ^ Master Agreement between the City of Elk River and LELS Loca1271 • Memorandum to Union regarding uniform allowance payment Action Motion by Second by Vote Follow Up S:\Cowdl\Lon\2008\Appxove Agreemrnt Seegeants Union 03 17 08.doc MASTER LABOR AGREEMENT BETWEEN THE CITY OF ELK RIVER AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL 271 Effective January I, 2008, through December 31, 2009 S:ID000MENT1Union271-08-09. DOC INDEX ***** ARTICLE I. PURPOSE OF AGREEMENT .............. ARTICLE II. RECOGNITION ARTICLE III. DEFINITIONS .................................................. ARTICLE IV. UNION SECURITY ......................................... ARTICLE V. EMPLOYEE AUTHORITY 1 1 1 2 2 ARTICLE VI. EMPLOYEE RIGHTS -GRIEVANCE PROCEDURE ............................................. 2 ARTICLE VII. SAVINGS CLAUSE ........................................................................................................... 5 ARTICLE VIII. WORK SCHEDULES ......................................................................................................5 ARTICLE IX. OVERTIME .......................................................................................................................... 5 ARTICLE X. COMPENSATORY TIME ................................................................................................... 5 ARTICLE XI. COURT TIME ...................................................................................................................... 6 ARTICLE XII. STANDBY PAY .................................................................................................................. 6 ARTICLE XIII. DISCIPLINE ...................................................................................................................... 6 ARTICLE XIV. SENIORITY ....................................................................................................................... 7 ARTICLE XV. PROBATIONARY PERIODS ......................................................................................... 7 ARTICLE XVI. UNIFORMS ........................................................................................................................ 7 ARTICLE XVIL SICK LEAVE 7 ARTICLE XXII. LEAVES OF ABSENCE ................................................................................................ 8 ARTICLE XXIII. INSURANCE .................................................................................................................. 9 S:~D000MENIIUnion271-08-09.DOC ARTICLE XXN. WANER ............. ARTICLE XXV. DURATION APPENDIX........... 5:5D000MENT1Union271-OS-09.DOC 9 9 10 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 AGREEMENTS interpretation and/ox 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 11 -RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative fox all employees in a unit certified by the State of Minnesota Bureau of Mediation Services in 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 axe unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III -DEFINITIONS 3.1 UNION: Law Enforcement Labor Services, Inc. (EELS), Local No. 271. 3.2 EMPLOYER: The City of Elk River. 3.3 UNION MEMBER: A member of Law Enforcement Labor Services, Inc., Local No. 271. 3.4 EMPLOYEE: A member of the exclusively recognized bargaining unit 3.5 DEPARTMENT: The City of Elk River Police Department. 3.6 CHIEF: The Chief of the City of Elk River Police Department. 3.7 UNION OFFICER Officer elected of appointed by Law Enforcement Labor Services, Inc., Local No. 271 ARTICLE IV -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, ox judgments brought ox issued against the City as a result of any action taken ox not taken by the City under the provisions of this Article. 4.5 The EIv1PLOYER agrees to make space available on the EMPLOYER bulletin board fox the posting of official UNION notice(s) and announcements. ARTICLE V -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 stmctute; 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 spedfically established ox modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. ARTICLE VI -EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE 6.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. G.2 UNION REPRESENTATNES 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 xsponsibilities. The aggrieved EMPLOYEE and the UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the UNION REPRESENTATIVE 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 Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure: Ste~1. An EMPLOYEE claiming a violation concemutg the interpretation ox 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 xepresentadve. 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) calendaz days following the EMPLOYER-designated representative's 5na1 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 widen ten (10) calendar days following the EMPLOYER'S final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4• A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The EMPLOYER and the Union representative shall endeavor to select a mutually acceptable azbitratox to hear and decide the grievance. If the parties cannot agree on an arbitrator, the selection of an azbitrator 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 azbitxator shall have no right to amend, modify, nullify, ignore, add to, ox 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 azbittator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, ox 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 ox 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 azbitxatoi 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.G 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 neat 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 VII -SAVINGS CLAUSE In the event any provision of this AGREEMENT shall be held to be contrary to ]aw by court of competent jurisdiction from whose final judgment ox 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 VIII -WORK SCHEDULES 8.1 The normal work year for full-time employees is two thousand eighty (2,080) hours to be accounted fox 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 ox maximum number of hours the EMPLOYER may assign employees. ACTICLE IX -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, fox record purposes under ARTICLE 9.2, be considered as unpaid overtime worked. 9.4. Fox 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 neazest fifteen (15) minutes. 9.6. Employees have the obligation to work overtime to call backs as requested by the Employer unless unusual circumstances prevent the employee from so working. The minimum call back will be two hours. ARTICLE X -COMPENSATORY TIME Regular full-time employees may be allowed to accumulate either overtime worked at the rate provided 5 for in Article IX ox 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. Compensatory time in excess of forty (40) hours accumulated but not used as time off with pay shall be paid by the Employer in the first pay period in December of each calendar year. No more than (40) hoots of compensatory time shall be carried from one year to the next. ARTICLE XI -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) hoots pay at one and one-half (1 '/z) times the employee's base pay rate. An extension ox early report to a regularly scheduled shift does not qualify the regular full-time employee fox the three (3) hoax minimum. It is the responsibility of the regular full-time employee to contact the County Attorney's Office to verify scheduled court appearances. If the regular full-time employee contacts the County Attorney's Office at 4:30 p.m., of later, for a court appearance schedule on the following day and court has not been cancelled at the time of employee contact, but is subsequently cancelled, the regular full-time employee is eligible fox a minimum twenty-five dollar ($25.00) payment. Under no circumstances will the regular full-time employee be eligible to receive both the $25.00 court cancellation fee outlined in this paragraph and the three (3) hours' pay rate fox court appearances as outlined in the preceding paragraph. ARTICLE XII -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 fox each hoax on standby. ARTICLE XIII -DISCIPLINE 13.1 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; or e. discharge. 13.2 Suspensions, demotions and dischazges will be in written form. 13.3 Written xeprixxrands, 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/ox notices. 13.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 6 13.5 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. 13.6 Grievances relating to this ARTICLE shall be initiated by the UNION at Step 3 of the grievance procedure under Article VI of this AGREEMENT. ARTICLE XIV -SENIORITY 14.1 Seniority will be the determining criterion fox transfers and promotions within the bargaining unit when the job relevant qualifications between applicants are equal. 14.2 Job classification seniority will be the determining criterion for lay offs. Seniority will be the determining criterion fox recall only when the job-relevant qualification factors are equal. Recall rights under this provision will continue fox twenty-foot (24) months after lay off. Recalled employees shall have ten (10) working days after notification of recall by registered mail at the employee' last known address to report to work or forfeit all recall rights. 14.3 Two (2) continuous vacation periods may be selected on the basis of seniority until April 1 of each calendar year. ARTICLE XV -PROBATIONARY PERIODS 15.1 All newly hired ox rehired employees will serve a one (1) year probationary period. 15.2 All employees will serve a six (6) month probationary period in any job classification in which the employee has not served a probationary period. 15.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. 15.4 At any time during the probationary period a promoted ox reassigned employee may be demoted ox reassigned to the employee's previous position at the sole discretion of the EMPLOYER. ARTICLE XVI -UNIFORMS Regular full-time employees shall receive a uniform allowance of six hundred seventy-five dollars ($675.00) in 2008 and six hundred ninety-five dollars ($695.00) in 2009 to be used on a voucher system basis. Items to be purchased must have prior approval of the Police Chief of designee. ARTICLE XVII -SICK LEAVE Regular full-time employees shall accrue and use sick leave per City policy. ARTICLE XVIII - INJURY ON DUTY Regular full tithe employees injured during the perfortnance of their duties fox the EMPLOYER shall be paid the difference between the full time employee's regular pay and worker's compensation insurance payments fox a period not to exceed forty-five working days per injury, not charged to the regular full time employee's vacation, sick leave ox other accumulated leave time, for full shifts off work due to injury, in addition to any partial shifts off of work on the initial day of injury, and afrex three (3) working days initial waiting period per injury. The three (3) working day waiting period shall be charged to the regular full time employee's sick leave account less workers compensation insurance payments. ARTICLE XIX -VACATION Regular full-time employees hired shall earn vacation time at the following rate: 0 thru 5 years - 88 hours per year After 5 years - 112 hours per year After 7 years - 120 hours per year After 9 years - 128 hours per year After 11 years - 136 hours per year After 13 years - 144 hours per year After 15 years - 152 hours per year After 17 years - 160 hours per year After 18 years - 168 hours per year After 19 years - 176 hours per year After 20 years - 184 hours per yeu After 21 years - 192 hours per year ARTICLE XX -BEREAVEMENT LEAVE Regular full-time employees shall be eligible fox bereavement leave per City Policy. ARTICLE XXI -HOLIDAYS 21.1 All regular full-time employees shall receive the following eleven 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 Yeax s Day Martin Luther I{iug Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day afrer'Ilruiksgiving Day Christmas Eve Day Christmas Day 21.2 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 sequined to reimburse the Employer for time taken and not earned. Payment in lieu of holiday time off of work, ox 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 8 Employer to employees each calendar year in the first pay period of December. ARTICLE XXII -LEAVES OF ABSENCE Employees will be granted leaves of absences as provided by law or City policy. ARTICLE XXIII -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 XXIV -WAIVER 24.1 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. 24.2 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 ox conditions of employment not removed by law from bargaining. All agreements and understandings arrived at by the patties 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 ox covered in this AGREEMENT or with respect to any term ox 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 ox both parties at the time this contract was negotiated or executed. ARTICLE XXV -DURATION This AGREEMENT shall be effective as of January 1, 2008 and shall remain in full force and effect until the 31st day of December, 2009. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this _ day of March, 2008. FOR THE CITY OF ELK RIVER FOR LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL 271 Stephanie Klinzing, Mayor Lori Johnson, City Administrator 9 APPENDIX WAGES 2008 ~ 2009 Start $ 34.50 $ 35.54 I After one (1) year I $ 35.25 $ 36.31 After three (3) years $ 35.85 $36.93 WAGE INCENTIVE PROGRAM Regular frill-time employees shall be eligible to participate ni the Wage Incentive Pxogxam. 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 (1 ~ years - Up to 7.5% of employee's base wage rate P.O.S.T. LICENSE The EMPLOYER shall reimburse employees fox the cost of P.O.S.T. Licensuxe. 10 ver MEMORANDUM TO: Ron Nierenhausen, Elk River Police Department Bryan Vita, Elk River Police Department Dean Mann, LELS 271 Sergeants Union FROM: Lori Johnson, City Administrator DATE: March 6, 2008 SUBJECT: Uniform Allowance Payment Interpretation The following section has been added by Chief Beahen to the Police Policy Manual addressing the uniform allowance: 316.11 TERMINATION OF EMPLOYMENT OB'icets/CSO/Non-sworn: An employee who har submitted a notice eidher verbally or in writing to terminate employment shall no longer be allowed to purchase uniforms and no reimbursement shall be made far any purchaser after the verbal or written notificakan, (whichever comes earlier), of the indent to terminate has been received An employee who fails to successfully complete field training shall return al! equipment and uniforms purchases under this redion to the Pola'ce Chief before leaving employment. Items not returned ar required by this policy wild be deducted from the employee's last paycheck. All such deductions will be bared on the purchase price of the equipment not returned. Sergeants: An employee who has submitted a notice either verbally or in writing to terminate employment shall no longer be allowed to purchase uniforms under this section and no reimbursement shall be made for any purchases after the verbal of written notification, whichever comes earlier, or intent to terminate has been received. Additionally, all purchases made 30 days prior to submitting a notice of termination shall be deducted from the employee's last paycheck.