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3.7. SR 04-05-2010.^~/ Elk REQUEST FOR ACTION River To Item Number Ma or and Ci Council 3.7• Agenda Section Meeting Date Prepared by Consent A ri15, 2010 Lori ohnson, Ci Administrator Item Description Reviewed by Approve Master Labor Agreement between the City of Elk River and Law Enforcement Labor Services, Inc. Loca1271 Reviewed by Action Requested Approve Master Labor Agreement between the City of Elk River and Law Enforcement Labor Services, Inc. Loca1271 for the period January 1, 2010 through December 31, 2010. Background/Discussion The Sergeant's Union voted to approve the 2010 contract as previously discussed by the City Council. The contract calls for no wage increase in 2010; however, the Union may reopen the contract if other employees receive a cost of living adjustment. The uniform allowance goes up to $725, court cancellation pay changes from $25 to 1 1 /2 hours pay, and the sick leave language was added to the contract. However, no changes were made to the sick leave terms or provisions. Financial Impact Since there is no wage increase, the financial impact will be limited to $25 for the uniform allowance increase and a minimal amount for the increase in court pay. Attachments ^ Master Labor Agreement between the City of Elk River and Law Enforcement Labor Services, Inc. Loca1271 Action Motion by Second by Vote Follow Up S:\Public Bodies\Council\Lori\2010\Union 271.doc MASTER LABOR AGREEMENT BETWEEN THE CITY OF ELK RIVER AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL 271 Effective January 1, 2010, through December 31, 2010 INDEX ***** ARTICLE I. PURPOSE OF AGREEMENT ..............................................................................................1 ARTICLE II. RECOGNITION .....................................................................................................................1 ARTICLE III. DEFINITIONS .....................................................................................................................1 ARTICLE N. UNION SECURITY .............................................................................................................2 ARTICLE V. EMPLOYEE AUTHORITY ................................................................................................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 XVII. SICK LEAVE ....................................................................................................................7 ARTICLE XVIII. INJURY ON DUTY .......................................................................................................9 ARTICLE XIX. VACATION ........................................................................................................................9 ARTICLE XX. BEREAVEMENT LEAVE ...............................................................................................9 ARTICLE XXI. HOLIDAYS ........................................................................................................................9 ARTICLE XXII. LEAVES OF ABSENCE ..............................................................................................10 ARTICLE XXIII. INSURANCE ................................................................................................................10 ARTICLE XXN. WANER .........................................................................................................................10 ARTICLE XXV. DURATION ....................................................................................................................11 APPENDIX ......................................................................................................................................................12 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 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. (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 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 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 certaixi employees from the bargaining unit to act as stewaxds 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 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. 2 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 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 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 determuied that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 6.4 PROCEDURE Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure: Step 1 • An EMPLOYEE clauning 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 3 (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. Std A grievance unresolved lri Step 2 and appealed lri 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 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 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 fox compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 6.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S Iast answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the 4 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 lixnit 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 shaIl 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 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. 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. 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 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 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. 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) hours 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) hours pay at one and one-half (1 '/z) 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. 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., or 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 for a payment of one and one-half hours (1 '/z) of pay. Under no circumstances will the regular full-time employee be eligible to receive both the one and one-half hours (1 '/z) pay and the three (3) hours' pay rate for 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 for each hour 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 discharges will be in written form. 13.3 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. 13.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 13.5 Employees will not be questioned concerning an investigation of disciplinary action unless the 6 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 for 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 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. 14.3 Two (2) continuous vacation periods maybe selected on the basis of seniority until Apri11 of each calendar year. ARTICLE XV -PROBATIONARY PERIODS 15.1 All newly hired or 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 maybe terminated at the sole discretion of the EMPLOYER. 15.4 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 XVI -UNIFORMS Regular fizll-time employees shall receive a uniform allowance of seven hundred twenty-five dollars ($725.00) in 2010 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 Sick leave is not a privilege ox 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; 7 • To take dependents to medical and dental appointments; • Up to five days per calendar month to care for seriously ill family members who may not live with the employee. For purposes of this provision, "seriously ill" shall be determined in the sole discretion of the City Administrator. Paid sick leave is provided for regular full-time and on a prorated basis fox eligible part-time employees. Regular full-time employees accrue sick leave at a rate of eight (8) working hours fox each calendar month. Eligible part time employees hired before January 1, 2004, include employees working a minimum of 1040 hours per year. Eligible part time employees hired on or after January 1, 2004, include regularly scheduled part time employees who work a set, consistent schedule and who work a minimum of forty (40) hours per biweekly pay period and non-scheduled part time employees who work as needed who work a minimum of 1560 hours per year. Temporary and seasonal employees are not eligible fox 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/hex 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. SEVERANCE PAY An employee resigning his/her employment with the City may be eligible for a cash payment for unused sick leave if the following conditions are met: 1. The employee must resign in good standing (not terminated by the City); and 2. The employee must provide proper written notice of his/her resignation in accordance with the City Resignation Policy; and The employee must execute a release of claims. Payment shall be based on the consecutive years of service completed by the employee and 8 his/her accrued sick leave balance. An employee terminating after completing two (2) years of consecutive service will receive payment for fifty percent (50%) of his/hex accumulated sick leave balance up to a maximum payment for four hundred eighty (480) hours. Payment shall be at the current rate of pay when the resignation is submitted. Any accumulated sick leave in excess of nine hundred sixty (960) hours is not eligible fox payment under this policy. Employees may continue to accumulate sick leave in excess of nine hundred sixty (960) hours to be used in accordance with the Family Medical Leave Act. ARTICLE XVIII -INJURY ON DUTY Regular full time 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 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 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 year After 21 years - 192 hours per year ARTICLE XX -BEREAVEMENT LEAVE Regular full-time employees shall be eligible for 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 9 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 Independence Day Labor Day Veteran's Day Thanksgiving Day Day after 'T'hanksgiving 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 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 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 Ciry 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 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. 10 ARTICLE XXV -DURATION This AGREEMENT shall be effective as of January 1, 2010 and shall remain in full force and effect until the 31st day of December, 2010. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this 5~ day of April, 2010. FOR THE CITY OF ELK RNER FOR LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL 271 Stephanie Klinzing, Mayor Lori Johnson, City Administrator 11 APPENDIX WAGES 2010 Start $ 35.54 After one (1) year $ 36.31 After three (3) years $36.93 The Union may reopen the contract if other City employees receive a cost of living adjustment for 2010 pay. WAGE INCENTIVE PROGRAM Regular full-time employees shaIl 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 (1 ~ years - Up to 7.5% 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. 12