HomeMy WebLinkAbout4.j. Police Union Contract for 1993 - 1994 r
CITY OF ROSEMOTJNT
`� FsXECi7T2VE SIINIl�tARY FOR ACTION
� CITY COUNCIL MEETING DATE: JUNE l, 1993
AGENDA ITEM: POLICE UNION CONTRACT 1993-94 AGENDA 5ECTION: CONSENT
PREPAR.ED BY: SUSAN WALSH AGEND��pA � � �
ADMINISTRATIVE ASSISTANT IVI
ATTACFIl�IENTS: MEMORANDUM AND CONTRACT AP Y
Submitted for your review and consideration is the Labor Agreement between
Law Enforcement Labor Services, 2nc. (LELS) and the City for January 1,
1993 , to December 31, 1994 .
Outlined in the attached memorandum are the major changes in the new
contract. The major changes deal with the following benefits:
(1) Clothing allowance increase;
(2) Dental insurance coverage;
(3) Severance pay;
t4) Retirement pay;
(5) Salaries; and
(6? Performance pay.
It is my recommendation the Council approve the Labor Agreement as
presented.
RECOI�Il2ENDED ACTION s MOTION TO APPROVE THE L.ABOR AGREEMENT BETWEEN THE
CITY OF ROSEMOUNT AND LAW ENFORCEMENT LABOR SERVICES, INC. FOR
JAIVI7ARY l, 1993 TO DECEMBER 31, 1994.
COtTNCIL ACTION:
v MEMO
TO: Mayor McMenomy
Councilmembers Willcox, Wipp�rmann, Staats, Klassen
FROM: Susan Walsh, Administrative Assistant
DATE: May 28, 1993
SUBJ: Police Union Contract for 1993-94
Since October, 1992, Administrator Steve Jilk and myself inet several times with the
representatives of the police union. Those representatives consisted of LELS
Business Agent Roland Miles and Union Stewards Mark Robideau and Brian
Burkhalter. Listed below are the major changes from the current contract to the
contract which will be effective January 1, 1993 to December 31, 1994.
(1) Ciothing A1lowance: The clothing allowance was increased from $425 to $450
for 1993 and $475 for 1494.
(2) Dental Insurance: Employees will be allowed to participate in the city's
current dental insurance program. All other city employees have dental
insurance. The monthly cost is $19.95 for employee coverage. The city
currently employs eight palice officers. Dependent coverage is optional at the
employee's expense. Because of the enrollment process, coverage will begin
July 1, 1993.
(3) Health Insurance: City's cost sharing will rernain the same as in past years
with the City paying 65% of the difference between the cost of dependent
coverage and single coverage costs.
(4) Severance Pav: For employees who leave in good standing, severance pay will
ehange from paying an ernployee two weeks pay (5-9 years) or 4 weeks pay
(10 plus years) to paying an employee a percentage of his/her sick leave based
upon years of service.
(5) Retirement Pav: For ernployees who retire, rather than receiving 25% of their
sick leave after 5 years of service or 50% of their sick leave after ten years of
service, they will receive a percentage of their sick leave based on the same
years of service formula for severance pay. In addition they will receive two
weeks pay 0 through 10 years and 4 weeks pay for 11 plus years of service.
(6) Salaries: 2.5% increase for 1993 and for 1994. This will be retroactive to
January 1, 1993.
(7) Incentive Pay (Personal Growth and Performance�: Effective January i, 1994,
employees will haue the option of participating in this new program. The six
eomponents of the program are:
� (1) Education [4 year degree];
(2) Ongoing Education beyond P.O.S.T. requirements;
(3) Performance Pay based upon annual employee evaluation;
(4) Community Service within Rosemount;
(5) Well/Fitness; and
(6) Skill Assessment -- passing an annual written examination.
The value of each component is $40/month and will be increased every two
years based upon the St. Paul-Minneapolis Consumer Price Index. Each
component with the exception of the Education-4 year degree component must
be earned on an annual basis and on employee's own time.
If an empioyee chooses the Incentive Pay Program, they cannot switch to the
longevity pay program except for employees who are currently receiving
longevity pay. These employees will have one opgortunity to switch to the
Incentive Pay Program if they so choose.
LABOR AGREEMENT
BETWEEN
THE CITY OF ROSEMOUNT
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
JANLTARY 1, 1993 - DECEMBER 31, 1994
� TABLE OF CONTENTS
Article Alphabetized Page
APPENDIX A 22
APPENDIX B 23
12. CALL BACK 11
16. CLOTHING ALLOWANCE 15
30. COMPENSATORY TIME ACCUMULATION AND USE 20
31. CONTRACT EMPLOYMENT 21
11. COURT TIME 11
1. DEFINITIONS 1
21. DENTAL INSURANCE 17
9. DISCIPLINE AND DISCHARGE 9
33. DUR.ATION 21
18. EDUCATION INCENTIVE PAY 15
19. EDUCATION REIMBURSEMENT 16
6. EQUAL APPLICATION 4
8. GRIEVANCE PROCEDURE 5
20. HEALTH INSURANCE 17
23. HOLIDAYS 17
26. INJURY ON D�TY 1$
10. JOB SAFETY 10
14. LAY OFF 14
4. LELS RIGHTS AND RESPONSIBILiTIES 3
22. LIFE INSURANCE 17
17. LONGEVITY 15
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Table of Contents (cont'd) '
3. MANAGEMENT RIGHTS AND RESPONSIBILITIES 2 �
5. NO STRIKE PROVISION 4
24. OVERTIME 1 g
32. PERFORMANCE AND PERSONAL GROWTH PAY SYSTEM 21
PREAMBLE 1
2. RE
COGNITI
ON
2
28. RETIREMENT PAY 19
7. SAVINGS CLAUSE 5
27. SEVERANCE PAY 19
13. SICK LEAVE 12
25. TRAINING 1$
15. VACATION 14
29. WAIVER 20
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LABOR AGREEMENT
BETWEEN
THE CITY OF ROSEMOUNT
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
PREAMBLE
This AGREEMENT is made and entered into this day af May, 1993, by and
t��tF�jeen the CITY OF ROSEMOUNT, hereinafter referred to as the EMPL0ITER, and
LAW ENFORCEMENT LABOR SERViCES, INC., hereinafter referred to as LELS, has
as its purpose the promotion of harmonious relations between the EMPLOYER, its
employees and LELS; the furtherance of efficient governmental services; the establishment
of an equitable and peaceful procedure for the resolution of disputes that may arise without
interference or disruption of efficient operations of the department; the establishment of a
farmal understanding relative to all terms and conditions of employment.
ARTICLE 1 - DEFINITIONS
1.1 LELS: Law Enforcement Labor Services, Inc.
1.2 EMPLOYER: City of Rosemount
1.3 EMPLOYEE: Member of the poliee bargaining unit as identified by Bureau of
Mediation Services, State of Minnesota.
1.4 DEPARTMENT: City of Rosemount Pplice Department.
1.5 WORK DAY: Shall consist of eight (8) or ten (10) hours as designated.
1 6 WQRK YEAR: The work year is 2,0$0 hours.
1.7 OVERTIME: Wark performed at the express authorization of the Employer in
excess of the employee's scheduled shift. Authorization is implied when overtime
work is performed and approved after the fact.
1.8 CITY: The City of Rosemount
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1.9 CHIEF: The Chief of the Rosemount Police Department.
1.10 UNION OFFICER: Officer elected or appointed by LELS.
,'
ARTICLE 2 - RECOGNITION
2.1 The EMPLOITER
recognizes Law Enforcement Labor Services, Inc., as the
exclusive representative under Minnesota Statutes 179.71, subd. 3, for the members
of the Rosemount Police Bargaining Unit as identified by the Bureau of Mediation I
Services, State of Minnesota.
2.2 In the event the EMPLOYER and LEL
S are unable to a ree as to the inclusion or
b
exclusion of a new or modified job class the issue sha11 be submitted to the Bureau
of Mediation Services for determination.
ARTICLE 3 - MANAGEMENT RIGHTS AND RESPONSIBILITIES
3.1 It is recognized, except as expressly stated herein, the EMPLOYER will retain I
whatever rights and authority necessary for it to operate and direct the affairs of the i
Department in all the various aspects, including but not limited to: the right to direct
the working forces; to lan, direct and control all the o erations and services of the
P P
Department; to determine the method, means, organization and number of personnel
by which such operations and services are to be conducted; to assign and transfer ,
employees; to schedule working hours; to assign overtime; to hire, promote,
dernote, suspend, discipline, discharge or relieve employees due to lack of work or
other legitimate reasons; to make and enforce reasonable work i-ules and regulations
and to change or eliminate methods of police function, equipment or facilities.
3.2 The EMPLOYER.agrees to publish the method by which promotions shall be made
within the Department; to'publish reasonable work rules and regulations, if any, and
make copies of both available to members of the bargaining unit. Any new or i
2
� change in existing work rules and regulations by the EMPLOYER which affect
terms and conditions of employment must stand the test of reasonableness.
3.3 Any term and condition of employment not specifically established or modified by
this AGREEMENT sha11 remain solely within the discretion of the EMPLOYER to
modify, esta.blish or eliminate.
ARTICLE 4 - LELS RIGHTS AND RESPONSIBILITIES
4.1 The EMPLOYER agrees to cooperate with LELS in the deduction of regular
monthly dues, for those employees who request in writing to have regular monthly
LELS dues checked off by payroll deduction. The EMPLOYER agrees to remit
such regular monthly dues in a manner to be prescribed by LELS.
4.2 LELS agrees to indemnify and hold the EMPLOYER harmless against any and all
claims, suits, orders or judgments brought or issued against the employer as a result
of any action taken or not taken by the EMPLOYER under the provisions of the
foregoing section.
4.3 The EMPLOYER agrees not to enter into any agreement with members of the
bargaining unit, individually or collectively, or with any other organization which in
any way conflicts with the provisions of this AGREEMENT,
4.4 LELS may designate employees from the bargaining unit to act as representatives
and shail inform the employer of such choice and of any ehanges in LELS
representatives in writing.
4.5 The EMPLOYER agrees to make space available on the employee bulletin board for
the posting of LELS notice(s) and announcement(s) and to make space available for
meetings of the bargaining unit when it does not conflict with the operation of the
Department.
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4.6 The EMPLOYER agrees to allow the officers and representatives of the bargaining
unit reasonable time off and leaves of absences, with prior approval and with pay,
for the purpose of conducting LELS local unit business when such time will not �
unduly interfere with the operations of the Department.
4.7 The EMPLOYER agrees that process of all grievances sha11 be during the normal
work day whenever possible, and employees sha11 not lose wages due to their
necessary participation.
ARTICLE 5 - NO STRIKE PROVISION I
Neither LELS, its officers or agents, nor any of the employees covered by this
AGREEMENT will engage in, encourage, sanction, support or suggesfi any strike,
slow down, mass resignations, mass absenteeism, the willful absence from one's
position, the stoppage of work or the abstinence of duties of employment for the
purpose of inducing, influencing, ar coercing a change in the conditions,
compensation or the rights, privileges or obligations of employment.
ARTICLE 6 - EQUAL APPLICATION
6.1 The provision of this AGREEMENT shall be applied equally to all employees in the
bargaining unit without discrimination as to race, color, creed, sex, national origin,
religion, or political affiliation. LELS and the employees covered by this
AGREEMENT sha11 share equally with the EMPLOYER the responsibilities ;
established by this Article.
6.2 The EMPLOYER shall not discriminate against, interfere with, restrain, or coerce
an employee from exercising the right to join or not to join LELS or participate in
an official capacity on behalf of LELS, which is in accordance with the provisions
of this AGREEMENT. LELS shall not discriminate against, interfere with, restrain
or coerce an employee from exercising the right to join or not to join LELS and ,
4 ,
� will not discriminate against any employee in the administration of this agreement
because of non-membership in LELS.
6.3 LELS accepts its responsibilities as exelusive representative and agrees ta represent
a11 employees in the bargaining unit without discrimination.
ARTICLE 7 - SAVIl�TGS CLAUSE
7.1 This AGREEMENT is subject to the laws of the United States, the State of
Minnesota, the County of Dakota and the City of Rosemaunt. In the event that any
provisions of this AGREEMENT may be held to be contrary to law by a court of
competent jurisdiction from whose final judgment or decree or appeal has been
taken within the time provided, such provisions may be voided. All other
provisions of this AGREEMENT may continue in full force and effect. The voided
provisions may be renegotiated upon written request of either party.
ARTICLE 8 - GRIEVANCE PROCEDURE
8.1 Definition of a Grievance. For the purpose of this AGREEMENT the term
"grievance" means any dispute arising concerning the interpretation or application of
the express provisions of this AGREEMENT. In the event of such grievance
arising there shall be no suspension of operations but an earnest effort shall be
made to resolve such grievance in the manner prescribed by this article.
8.2 Procedure. "Grievances" as defined by Section 8.1, shall be resolved in
conformance with the follawing procedure. '
Ste,� 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 l and appealed to
5tep 2 sha11 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, 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 l. Any grievance not apgealed in writing to Step 2 by LELS within ten (10) ��
calendar days shall be considered waived.
Step 2. If appealed, the written grievance shail be presented by LELS and
discussed with the EMPLOYER-designated Step 2 representative. The
EMPLOYER-designated representative shall give LELS 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 LELS within ten (10)
calendar days shall be considered waived.
Step 3. If appealed, the written grievance sha11 be presented by LELS and
discussed with the EMPLOYER-designated Step 3 representative. The
EMPLOYER-designated representative shall give LELS the EMPLOYER'S answer
in writing within ten (10) calendar days after receipt of such Step 3 grievance. A
grievance not resolved in Step 3 may be appea3.ed to Step 4 within (10) calendar
days following the EMPLOYER-designated representative's final answer in Step 3.
Any grievance not appealed in writing to Step 4 by LELS within ten (10) calendar
days shall be considered waived.
Step 4. A grievance unresolved in Step 3 and appealed to Step 4 will be submitted
to mediation. Within ten (10) calendar days after receipt of the EMPLOYER'S Step
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� 3 response, LELS shall file a petition with the Minnesota Bureau of Mediation
Services with a copy submitted to the EMPLOYER. If a mediation meeting cannot
be arranged within twenty (20) ealendar aays of the request for mediation, LELS
may appeal the grievance to Step 5. The EMPLOYER-designated representative
sha11 give LELS the EMPLOYER'S answer either at the mediatian session or within
five {5) calendar days of a meeting with LELS in lieu of inediation. A grievance
not resalved in Step 4 may be appealed to Step 5 within ten (10) caiendar days
following the EMPLOYER-designated representative's finai answer in Step 4. Any
grievance not appealed in writing to Step 5 by LELS within ten (10) calendar days
shall be considered waived.
Ste�S. A grievance unresolved in Step 4 and appealed to Step S by LELS shall be
submitted to arbitration. If the parties axe unable to agree on the selection of an
arbitrator, LELS shall request a list of arbitrators to be submitted to the parties by
the Bureau of Mediation Services.
8.3 ARBITRA.TOR'S ROLL
The arbitrator selected shall hear and decide the grievance. Each party shall be
responsible for equally compensating the axbitrator's fee and necessary expenses.
Each shall be responsible for compensating their own witnesses.
8.4 ARBITRATOR'S AUTHORITY
A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or
subtract from the provisions of this AGREEMENT. The arbitrator sha11 consider
and decide only the specific issue or issues submitted in writing by the parties of
this Agreement and shall have no authority to make a decision on any other matter
not so submitted. If the grievance involved discipline or discharge by the
EMPLOYER, the arbitrator shall have the authority to sustain either position or to
7
modify, amend or rescind the penalty of such action at the sole discretion of the
arbitrator.
B. The arbitrator sha11 be with
out ower to make decisions contr to or
P �' � �
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 close of the hearing or the
submission of briefs b the arties whichever be later unless the arti r
y p , , p es ag ee to an �,
extension. The decision shall be binding on both the EMPLOYER and LELS and
sha11 be based solely on the arbitrator's interpretation or application of the 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 LELS 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 bath parties desire a verbatim record of
the proceedings the cost shall be shared equally. ,
8.5 Any or all of the time limits contained in this Article may be extended by mutual
agreement and such extension will not be unduly withheld. ,
8.6 Choice of Remedv. If, as a result of the written EMPLOYER response in Step 4
the grievance remains unresolved, and if the grievance involves the suspension,
demotion, or discharge of an empldyee who has completed the required probationary
period, the grievance may be appealed to either Steg 5 of ARTICLE 8 or a
procedure such as Civil Service, Veterar�'s Preference, or Fair Employment. If
appealed to any procedure other than Step S of ARTICLE 8 the grievance is not
subject to the arbitration procedures as provided in Step 5 of ARTICLE 8. The ;
8
� aggrieved employee shall indicate in writing which procedure is to be utilized--Step
5 of ARTICLE 8 or. another appeal procedure--and shail sign a statement to the
effect that the choice of any other hearing precludes the aggrieved employee from
making a subsequent appeal through Step 5 of ARTICLE 8.
ARTICLE 9 - DISCIPLINE AND DISCHARGE
9.1 Discipline.
9.11 Disciplinary action by the EMPLOYER shall be for just cause and shall
inelude the following:
a. Qral reprimand,
b. Written reprimand,
c. Suspension,
d. Demotion,
e. Discharge.
9.2 Notification of the Emplo,�ee.
9.21 Suspension, demotions and diseharges will be in written form.
9.22 Notices of suspension, demotion, or discharge shall include a statement of
the charges and the date on which time the action is to be effective. In case
of demotion, the position to which the employee is demoted shall be
identified,
9.3 Discharge. -
9.31 Discharge shall be for just cause only.
9.32 The statement of charges shall be served upon the employee with a copy by
registered mail to LELS.
9.33 Upon receipt of the statement of charges a grievance may be filed in
accordance with ARTICLE 8.
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9.34 Prior to any hearing or arbitration`process a joint meeting may be held by
agreement of the EMPLOYER and LELS in an effort to resolve the disputed
discharge.
9.4 Personnel Records
9.41 Copies of all letters of commendation, complaints and written reprimands ,
that are entered into the employee's permanent personnel file shall be given ''
to the employee and the employee shall be permitted to respond thereto.
Such responses shall be attactted to and made a part of the permanent
personnel file.
9.42 Written reprimands, notices of suspension, 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. The employee and LELS will �
receive a copy of such reprimands and/or notices.
9.5 Grievances Regardin Discipline.
9.51 Grievances relating to this ARTICLE shall be initiated by LELS in Step 3 of
the grievance procedure under ARTICLE 8.
ARTICLE 10 - JOB SAFETY
It shall be the policy of the EMPLOYER that the safety of employees, the
protection of work areas, the adequate training in neeessary safety practices and the '
prevention of aecidents are a continuing and integral part of its every day '
responsibility. It shall also be the responsibility of all employees to cooperate in
programs to promote safety to themselves and the public and to comply with rules '
promulgated to ensure safety. This employee responsibility shall include the proper ,
use of vehicles, equipment and all safety devices in accordance with reeognized
safety procedures. It shall be the responsibility of the ElVIPLOYER to maintain all
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� EMPLOYER-owned equipment in a safe and workable order, repairing or replacing
as needed.
AR.TICLE 11 - COURT TIME
An employee who is scheduled to appear in court during the employee's scheduled
off-duty time shall receive a minimum of two (2) hours pay at ane and one-half
(1 '/a) times the employee's regular hourly rate. An extension or early reporit to a
regularly scheduled shift does not qualify the employee for the two (2) hour
minimum. �4Then an employee is notified of a cancellation of court appearance on
or before the calendar day prior to the scheduled appearance, no court time shall be
authorized. Same day cancellations shall entitle the employee to the minirnum.
ARTICLE 12 - CALL BACK
I2.1 Any employee called back to work outside of the employee's regularly scheduled
shift, with less than five (5) days' notice, shall be paid for a minimum of two (2)
hours pay at one and one half (1 'h� times the ernployee's pay rate. An extension
of or early report to a regularly scheduled shift does not qualify the employee for
the two (2) hour rninimum. Call back starts at the time of employee's report for
duty.
12.2 Call back hours earned at the rate of one and one-half (1 '/2) times sha11 go towards
- any hours owed by the employee to the Employer. Upon fulfillment of the hours
owed by the employee to the Employer, employee shall be compensated at-one and
one-half (1 'h) times the employee's regular pay rate.
12.3 Employee training shall not be considered call back.
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ARTICLE 13 - SICK LEAVE
13.1 Full-time employees shall earn eight (8) hours of sick leave for each fi.►11 month of
employment, pro-rated to the nearest hour for a partial month's service. ''
13.2 Earned sick leave may be accumulated with no maximum accrual.
13e3 Accumulated sick leave may be used for absences from work necessitated by illness,
injury, pregnancy as required by law, or medical or dental care which cannot be
scheduled other than during working hours subject to the approval of the Police
Chief. When the use of accumuiated sick leave is approved, for campensatian
purposes, employees will be considered to have worked their normal work day.
Use of sick leave in excess of three (3) days shall require written medical
documentation. I
13.31 Accumulated sick leave may also be used to make such arrangements as are
necessary because of death or serious illness or injury to the immediate
family of the employee; said use, however, not to exceed twenty-four (24)
hours. '
13.32 Immediate family is defined as the employee's spouse, minor children,
employee's parent or grandparent or spouse's parent or grandparent.
13.4 The repeated or systematic use of sick leave shall require written medical
verification upon written notification to the employee from the EMPLOYER.
13.5 Use of sick leave benefits for reasons other than those stated in 13.3 of this Article
shall be just cause for disciplinary action.
13.6 Notification. Employees unable to report for their work day because of illness or
injury shall notify their supervisor or designee prior to their scheduled starting time,
except in the event of an emergency which prevents an employee from notifying
their supervisor. Employees failing to give such notice may be subject to discipline.
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- 13.7 Upon request of a full-time employee who is absent from work as the result of a
compensable injury covered under the provisions of the VVorkers' Compensation
Act, the EMPLOYER will pay the differenee between the benefit received by the
employee pursuant ta the Workers' Compensadon Act and the employee's normal
daily wages to the extent of the employee's earned sick leave.
13.71 Sueh payment shall be made by the employer to the employee only for the
period of the disability or until the employee's earned sick leave is
exhausted.
13.72 The deduction from an employee's earned sick leave shall be a pro-rated
amount based on Workers' Compensation benefits and the employee's
normal daily wages.
13.8 In the event of the death of an employee, the estate shall be entitled to '70% of the
employee's accumulated sick leave at the rate last paid to the employee.
13.9 On January 1 st, only, of each year, employees may elect to sell up to five (5} days
(40 hours) of accumulated sick leave to the EMPLOYER if the employee's
accumulated sick leave is in excess of sixty (60) days or 480 hours. This buyout
provision will be camputed by multiplying the number of hours being sold times the
employee's regular rate of pay times a conversion rate based upon the employee's
number of years of service. This conversion rate (or percentage) will be determined
as follows: ` �
1 thru 5 years of service: 15% X rate X hours
6 thru 10 years of service: 30 o X rate X hours
11 thru 15 years of service: 45 o X rate X hours
16 years of service & above: 60% X rate X hours
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ARTICLE 14 - LAY OFF
14.1 When a reduction in the work force becomes necessary, the employee with the least
seniority shall be laid off first provided other employees are qualified ta perform the
duties of the employee with the least seniority. The last employee laid off shall be
the first to be recalled for work. No new employees shall be hired until the lay-off
list has been exhausted.
14.2 Emplo ees on la -off shall have recall ri hts for two 2 ears. The names of
Y Y g OY
em lo ees whose recall ri hts have ex ir
p y g p ed shall be removed from the lay-off list.
ARTICLE 15 - VACATIONS '
15.1 All full-time employees sha11 earn vacation based on the following schedule,
beginning January 1, 1993:
First year of employment .67 day or 5.33 hours/month
(8 days or 64 hours/year) ',
2nd thru 3rd year of employment l day or 8 hourslmonth
(12 days or 96 hours/year)
4th thru lOth yx. of employment 1 '/a days or 12 hours/month
(18 days or 144 hours/year) ',
11 years of service and above 1-3/4 days or 14 hours/month
(21 days or 168 hours/yeaxj
15.2 All full-time employees may accumulate vacation accrual based on years of service '
to the maximum prescribed in the following schedule:
Zero thru faur years of service 25 days (200 hours) ',
Five thru ten years of service 30 days (240 hours)
Eleven years of service and above 35 days (280 hours).
15.3 Payment in lieu of vacation acerual beyond the amounts listed will not be
considered.
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15.4 Vacation requests are to be submitted an or before March l st of the year the
vacation is to be taken.
15.5 Vacation schedule approval will be granted in order of seniority. After March lst,
additional vacation requests will be granted on a first come, first served basis.
ARTICLE 16 - CLOTHING ALLOWANCE
16.1 The annual clothing allowance for current patrol officers shall be f4ur hundred four
hundred fifty dollars ($45Q.00) far 1993 and four hundred seventy-five ($475.00)
dollars for 1994. Carryovers of unused clothing allowance to a maxirnum of two
years' worth will be allowed.
16.2 The Employer agrees to provide each new employee with a complete uniform. If an
employee does not complete the required probationary period, all uniforms will be
returned to the Employer before the employee receives his/her final payroll check.
ARTICLE 17 - LONGEVITY
17.1 Longevity will be paid aceording to the following:
After 5 years 2% of current salary
After 8 years 3% of current salary
After 12 years 4% of current salary
After 16 years 5% of current salary
17.2 Effective January 1, 1994, an employee shall not receive langevity pay if he/she has
made application to participate in the Performance and Personal Growth Pay
System.
ARTICLE 18 - EDUCATION INCENTIVE PAY
18.1 The rates of pay set forth in this contract consider the base rate and incentive pay
based on either longevity or education to employees qualifying hereunder. An
employee may select either the Longevity Tract (L'1� or an Education Track (ET},
but not both. The tracks may not be combined. Each employee, in order to be
15
eligible, must make his/her incentive track announcement in writing. Management
requires proof of eligibility in the form of a copy of transcripts or degree
completion. An employee may only change tracks effective January of each year.
ET credits are stated in terms of college quarter credits with 45 credits equal to one
full year of college. Only accredited college courses recognized by the
EMPLOI�ER will be credited toward the ET. Payment will be: $1.2Q per credit for
each credit over 90 credits. Payment will be made for blocks af 45 credits blocks.
No payment will be made for prorata accamplishment for credits less than 45 credit
blocks.
18.2 Notwithstanding the above, employees shall not receive education incentive"pay for
classes or courses for which the employee was compensated by the EMPLOYER
under Article 19, Education Reimbursement.
1$.3 Effective January 1, 1994, an employee shall not reeeive education incentive pay if
he/she has made application to participate in the Performance and Personal Growth
Pay System.
ARTICLE 19 - EDUCATION REIMBURSEMENT
19.1 During the month of January of each year, employees must select the option of
receiving education incentive pay ar education reimbursement.
19,2 If an employee chooses to be reimbursed for histher education, the EMPLOYER
will pay 100% of all costs of taking a class not to exceed $750.00 a year for classes
approved by the EMPLOYER. The EMPLOYER wiil also pay fifty (50%) percent ,
of costs above the initial $750 for classes approved by employee's department head '
and the City Administrator, and successfully completed.
19.3 Eligibility and reirnbursement will be based on the conditions and criteria set out in
the City of Rosemount "Tuition Reimbursement Program".
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.ARTICLE 20 - HEALTH INSURA.NCE
20.1 For 1993, the EMPLOYER shall pay one hundred percent (100%) percent of the
cost of Blue Cross Blue Shield First Dollar Plan for employee coverage,
Thereafter, the Employer shall pay one hundred percent (100%) of the cost of
employee coverage of a plan selected by the Employer.
20.2 The EMPLOYER shall pay sixty-five percent (65%) of the difference between the
cost of single employee coverage and the cost of employee and dependent coverage.
20.3 Employees not choosing dependent coverage cannot be covered at EMPLOYER
expense for any additional insurance than the individual group health insurance
coverage.
ARTICLE 21 - DENTAL INSURANCE
The Employer sha11 pay one hundred percent (100%) of the cost of dental insurance
coverage for the employee. Employees may elect dependent coverage at their own
expense.
ARTICLE 22 - LIFE INSURANCE
22.1 The EMPLOYER sha11 pay one hundred percent (100%) of the cost of the
employee's life insurance coverage insured with Minnesota Mutual Life Insurance
Company in the amount of $10,000.
22.2 The EMPLOYER shall pay the first nine ($9.00) dollars for an employee's
participation in the PERA Group Terrn Life and AD&D insurance Program.
ARTICLE 23 - HOLIDAYS -
23.1 Holidays shall be as fallows:
1. New Years Day 7. Columbus Day
2. Martin Luther King Day $. Veterans' Day
3. President's Day 9. Thanksgiving Day
4. Memorial Day 10. Friday after
5. independence Day Thanksgiving Day
6. Labor Day 11. Christrnas Day
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23.2 All shift patrol sha11 be paid one (1) times the employee's regular daily rate on date _
holiday fell on for eleven (11) holidays per year provided the employee was '
em lo ed durin the holida occurred. Em lo ees hired durin the ear shall be
P Y g Y P Y g Y
compensated as above for holida s that occurred durin the em lo ee's em lo ment.
Y g P Y P Y �
Holiday gay will be by separate entry on the last pay day in November. ,
Each employee shall be compensated at one and one-half (l lh) times the
employee's regular hourly rate for all hours worked on the above-referenced
holidays. All holiday pay, under this article, will be based on actual holidays and
not the date observed by the City for certain holidays such as when Christmas Day
falls on a Saturday or Sunday and is observed on a Friday or Monday.
ARTICLE 24 - OVERTIME
Bmplo ees shall be com ensated at one and one-half 1 'h times the em lo ee's
Y P � ) P Y
regular hourly rate in excess of the regularly scheduled shift per the approved
schedule. All earned overtime shall be applied towards any hours the employee
owes to the Employer before the employee can be compensated for overtime or �
before an employee can accumulate compensatory time.
ARTICLE 25 - TRAINING ,
It shall be the responsibility of the EMPLOYER to seek and schedule the employee
for training to satisfy P.O.S.T. Board requirement. It shall be the employee's
responsibility to alert the EMPLOYER of the employee's training needs well in
advance of reeertification or relicensing. Employee's will receive straight time pay
for a11 training required by the P.O.S.T. Board.
ARTICLE 26 - INJURY ON DUTY
26.1 Employees injured during the performance of their duties for the EMPLOYER and
thereby rendered unable to work for the EMPLOYER shall receive eighty percent
(80%) of their full wages during the period of incapacity not to exceed a period
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equal to eight (8) months.
26.2 The City will be advised of Workers' Compensation payments and thereafter pay to
the employee an amount that shall bring the employee's compensation up to eighty
percent (80%) of the ernployee's full salary.
ARTICLE 27 - SEVERANCE PAY
Regular full-time employees Iea�ing the service of the EMPLOYER in good
standing far any reason other than retirement and with two (2) weeks' advance
notice will receive payment at the employee's rate at time of leaving the employ, as
prescribed below:
Vacation: Up to accrual
Plus: 0-5 years 15% of accumulated sick leave
6-10 years 3Q% of accumulated sick leave
11-15 years 45% of accumulated sick leave
16 yeaxs and over 60% of accumulated sick leave
ARTICLE 28 - RETIREMENT PAY
Regular full-time employees who leave the City's employ to accept a retirement
annuity will receive payment at the employee's rate at time of retirement as
prescribed below:
Vacation: Up to accrual limit
Plus: 0-5 years _.15% of accurnulated sick leave + 2 weeks' pay
6-10 years 30% of accumulated sick leave + 2 weeks' pay
11-15 years 45% of accumulated sick leave + 4 weeks' pay
16 yrs. & 60% of accumulated sick leave + 4 weeks' pay
over
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ARTICLE 29 - WAIVER
29.1 Any and all prior agreements, resolutions, practices, policies, rules and reguiations
regarding terms and conditions of employment, to the extent inconsistent with the III
provisions of the AGREEMENT, are hereby superseded. ,
29.2 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 term or condition 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 LTNION 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 ar
covered by this AGREEMENT, even though such terms or conditions may not have
been within the knowledge or contemplation of either or both of the parties at the '
time this contract was negotiated or executed.
ARTICLE 30 - COMPENSATORY TIME ACCUMUI,ATION AND USE
30.1 Compensatory tirne may be accumulated for overtime worked at the rate of one and
one-half (1 '/aj times at the discretion of the EMPLOYER.
30.2 Compensatory time off, if granted by the EMPLOYER, may be allowed to
accumulate to a maacimum of eighty (80) hours.
30.3 Compensatory time off shall be a feature of this AGREEMENT only as long as
compensatory time off does not jeopardize the City's position with regard to the Fair
Labor Standards Act and according to Federal and State Law.
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ARTICLE 31 - CONTRACT EMPLOYMENT
The EMPLOYER shall rnaintain authority in negotiating contracts with outside
agencies or organizations for the utilization of patrol officers, but the EMPLOYER
shall meet and confer with the union representative in matters of contracting for use
of union members in outside work.
ARTICLE 32 - PERFORMANCE AND PERSQNAL GROWTH PAY SYSTEM
Effective January 1, 1994, employees are eligible to participate in the Performance
and Personal Growth Pa,�System.
ARTICLE 33 - DURATION
Except as herein provided, this AGREEMENT shall be effective January 1, 1993
and shall continue in full force and effect until December 31, 1994 and thereafter
until modified or amended by mutual agreernent of the parties.
FOR THE CITY OF ROSEMOUNT FOR LAW ENFORCEMENT LABOR
SERVICE5, INC.
E. B. McMenomy Roland Miles
Mayor Business Agent
Stephan Jilk Mark Robideau
City Administrator - Union Officer
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APPENDIX A �
PATROL OFFICER 1993 1994
Start $2387.73 $2447.42
After12
Months $2785.97 $2855.62
After 24 Months $3043.55 $3119.64 '
After 36 Months $3302.97 $3385.54
The preceding wage schedule sha11 not constrain the EMPLOYER from '
hiring an employee at any step in the schedule. '
APPENDIX B
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.
' Performance and Personal Growth Pay System
B,1 Effective January l, 1994, an employee shall be eligible to be compensated in
accordance with the Performance and Personal Growth Pay System at the
employee's direction.
B.2 If an employee selects the option to be compensated in accordance with the
Performance and Personal Growth Pay System, the employee shall forfeit all future
rights to be compensated with the Longevity Pay Schedule and the Education
Incentive Pay Track.
B.3 If an employee selects the option to be compensated in accordance with the
Longevity Pay schedule or the Education Incentive Pay Track, the empioyee shall
forfeit all future rights to be compensated with the Performance and Personal
Growth Pay System.
B.4 If an employee is being compensated with Langevity Pay ar with Education
Incentzve Pay on January 1, 1994, the employee may select ta be compensated in
accordance with the Performanee and Personal Growth Pay System, but the
employee�shall then forfeit all future rights to be compensated with Longevity Pay
or Education Incentive Pay.
BS An emplayee sha11 be considered participating in the Performance and Personal
Growth Pay System when the Police Chief receives a written application from an
employee to participate in one or more components of the PPGPS. Exception to
this shall be those employees who are being compensated with Longevity Pay or
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Education Incentive Pay on January 1, 1994. Such employees, upon written .
application submitted to the Police Chief, shall continue receiving Longevity Pay or
Education Incentive Pay until he/she receives compensation for one {1) component ',
of the'PPGPS.
B.6 An employee shall be considered participating in the Longevity Pay system or the
Education Incentive Pay when the employee receives compensation of either pay '
systems. Exception to this shall be those employees who are being compensated
with Longevity Pay or Education Incentive Pay on January 1, 1994 and who are
eligible to select the PPGPS on a one time basis.
B.7 At the beginning of each twa (2) year contract period, an increase will be given to
, the dollar amount of each component based upon the consumer price index for the
Minneapolis-St. Paul area for the previous year. ,
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