4.5. SR 02-12-2001City of
E
River
MEMORANDUM
kem# 4.5.
TO:
FROM:
DATE:
SUBJECT:
Mayor and Council
Pat Klaers, City Administrator
February 12, 2001
Police Sergeants Union Contract
The details of the proposed Police Sergeant's Union Contract were reviewed
with the City Council in an Executive Session on January 16, 2001. Direction
was given to proceed in the drafting of the final document according to the
terms and conditions that were discussed. Attached for your review and
consideration is the final draft of the contract document.
A lot of this document contains "standard union language" but there are also
a number of items that are specific to the Elk River union proposal, such as
the actual wages, vacation benefits, sick time provision, etc. A number of
sections in the contract refer to city policies, whereby what the rest of the
employees receive, so do the police sergeants. The contract calls for the
sergeants to be exempt employees. The contract provides for a three percent
per year wage increases and an extra six percent increase for moving to
exempt status at the time of contract approval. The pay plan has three steps
(starting wages, after two years and after four years) and the wage incentive
program is eliminated for future sergeants.
The contract document is rather lengthy so if Council has not had time to
review it, then consideration should be continued until the February 20, 2001
meeting. In addition, if the union has not signed off on the document then
approval has to be conditioned upon their acceptance. It is preferable that
they sign off and approve on the document prior to City Council approval just
to ensure that there are no last minute problems.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone (763) 441-7420 · Fax (763) 441-7425
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,
dedication to the highest quality of public service. Both parties
AGREEMENT as a pledge of this dedication.
continue their
recognize this
ARTICLE II - RECOGNITION
2.1
The EMPLOYER recognizes the UNION as the exclusive representative for all
employees in a unit certified by the State of Minnesota Bureau of Mediation
Services 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 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 III - DEFINITIONS
3.1 UNION: Law Enforcement Labor Services, Inc. (LELS), Local No. 271.
3.2 E~: The City of Elk River.
3.3
UNION MEMBER: A member of Law Enforcement Labor Services, Inc., Local No.
271.
3.4 EMELQ~(EE: 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 or 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 sharo fee deduction, as provided in Minnesota Statutes
179A.06m 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 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
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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 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.
6.2 UNION REPRESENTATIVER
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 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 EB.QCED_UBE
Grievances, as defined by Section 6.1, shall be resolved in conformance with the
following procedure:
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
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6.5
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.
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.
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.
A grievance unresolved in Step 3 and appealed in Step 4 shall be
submitted to arbitration subject to the provisions of the Public
Employment Labor Relations Act of 1971, as amended. The
EMPLOYER and the Union representative shall endeavor to select a
mutually acceptable arbitrator to hear and decide the grievance. If
the parties cannot agree on an arbitrator, the selection of an
arbitrator shall be made in accordance with the "Rules Governing the
Arbitration of Grievances" as established by the Public Employment
Relations Board.
ARBITRATOR'S AUTHORITY
Ao
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.
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6.6
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.
Co
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.
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 VII - RAVINGS CLAURE
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 VIII - WORK SCHEDULER
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)
b)
c)
d)
hours worked on assigned shifts;
holidays;
assigned training;
authorized leave time.
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8.2
Nothing contained in this or any other ARTICLE shall be interpreted to be a
guarantee of a minimum or maximum number of hours the EMPLOYER may
assign employees.
ARTICLE IX - COMPENSATORY TIMF
Employees shall earn and use compensatory time as per City policy.
ARTICLE X - COURT TIME
An employee required to appear in court during their scheduled off-duty time shall
receive a minimum of two (2) hours of compensatory time. An extension or early report to
a scheduled shift for duty does not qualify the employee for the two (2) hour minimum.
ARTICLE Xl - DISCIPLINE
11.1 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.
11.2 Suspensions, demotions and discharges will be in written form.
11.3
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.
11.4 Employees may examine their own individual personnel files at reasonable times
under the direct supervision of the EMPLOYER.
11.5
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.
11.6 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 Xll - SENIORITY
12.1 Seniority will be the determining criterion for transfers and promotions within the
bargaining unit when the job relevant qualifications between applicants are equal.
12.2
Job classification seniority will be the determining criterion for lay offs. 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' last known address to
report to work or forfeit all recall rights.
12.3 Two (2) continuous vacation periods may be selected on the basis of seniority until
April 1 of each calendar year.
ARTICLE XIII - PROBATIONARy pERIODS
13.1 All newly hired or rehired employees will serve a one (1) year probationary period.
13.2 All employees will serve a six (6) month probationary period in any job
classification in which the employee has not served a probationary period.
13.3 At any time during the probationary period a newly hired or rehired employee may
be terminated at the sole discretion of the EMPLOYER.
13.4
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 XIV - UNIFORMS
Regular full-time employees shall receive a uniform allowance of five hundred
thirty dollars ($530.00) for calendar year 2000, five hundred forty dollars ($540.00) for
calendar year 2001 and five hundred fifty dollars ($550.00) for calendar year 2002 to be
used on a voucher system basis. Items to be purchased must have prior approval of the
Police Chief or designee.
ARTICLE XV - SICK LEAVE
Regular full-time employees shall accrue and use sick leave per City policy.
ARTICLE XVI - INJURY ON DUTY
Regular full time employees injured during the performance of their duties for the
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EMPLOYER shall be paid the difference between the full time employee's regular pay
and worker's compensation insurance payments for a period not to exceed forty-five
working days per injury, not charged to the regular full time employee's vacation, sick
leave or other accumulated leave time, for full shifts off work due to injury, in addition to
any partial shifts off of work on the initial day of injury, and after three (3) working days
initial waiting period per injury. The three (3) working day waiting period shall be charged
to the regular full time employee's sick leave account less workers compensation
insurance payments.
ARTICLE ×VII - 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 year
After 21 years - 192 hours per year
ARTICLE XVIII - FUNERAL LEAVE
Regular full-time employees will be allowed to use up to a maximum of three (3)
days of sick leave in the event of a death in the immediate family, subject to the approval
of the EMPLOYER. Immediate family shall be defined for the purposes of this Article as
the spouse, parent, spouse's parent, siblings, children or wards of the employee,
grandparent, brother, sister, or guardian.
ARTICLE XIX - HOLIDAYS
19.1 All regular full-time employees shall receive the following holidays:
New Year's Day
Martin Luther King Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Eve Day
Christmas Day
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19.2 Regular full-time employees scheduled to work on the following holidays shall
receive an additional one-half time compensatory time for all hours worked:
New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Eve Day
Christmas Day
ARTICLE XX - LEAVES OF ABSENCE
Employees will be granted leaves of absences as provided by law or City policy.
ARTICLE XXl - 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 XXll - WAIVER
22.1
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.
22.2
The parties mutually acknowledge that during the negotiations which resulted in
this AGREEMENT, each had the unlimited right and opportunity to make demands
and proposals with respect to any terms or conditions of employment not removed
by law from bargaining. All agreements and understandings arrived at by the
parties are set forth in writing in this AGREEMENT for the stipulated duration of
this AGREEMENT. The EMPLOYER and the UNION each voluntarily and
unqualifiedly waives the right to meet and negotiate regarding any and all terms
and conditions of employment referred to or covered in this AGREEMENT or with
respect to any term or condition of employment not specifically referred to or
covered by this AGREEMENT, even though such terms or conditions may not
have been within the knowledge or contemplation of either or both parties at the
time this contract was negotiated or executed.
ARTICLE XXIII - DURATION
This AGREEMENT shall be effective as of January 1, 2000 and shall remain in full
force and effect until the 31 st day of December, 2002.
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this
day of ,2001.
FOR THE CITY OF ELK RIVER
FOR LAW ENFORCEMENT
LABOR SERVICES, INC.
LOCAL 271
FOR LAW ENFORCEMENT LABOR SERVICES
FOR THE CITY OF ELK RIVER
Stephanie Klinzing, Mayor
Patrick D. Klaers, City Administrator
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APPENDIX A
WAGES
Start
After three (3) years
After five (5) years
$4,501.03
$4,598.88
$4,677.16
Start
After two (2) years
After four (4) years
Date of
1/1/01 ~ 1/1/02
$4,636.06 $4,914.23 $5,061.65
$4,736.85 $5,021.06 $5,171.69
$4,817.47 $5,106.52 $5,259.72
WAGE INCENTIVE PROGRAM
Regular full-time employees hired or promoted to the Sergeant position prior to 1/1/01
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
P.O.S.T. LICENSE
Effective January 1, 2000, the EMPLOYER shall reimburse employees for the cost of
P.O.S.T. Licensure.
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