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HomeMy WebLinkAbout5.c. Approval of Police Union Contract i � Ir��� �. "��� .. � �... �� �. � � � .� � �� • . � � �� � . . .. �: � � � � � . � ���� ��•� �.�� .� �� �.� � � . �-: .���� �� � .�c•�• . ��: ��2 P.O BOX 510 Zl� � 2875-445TH ST. W. OrQ�4��2 AOSEMOUNT. MiNNESOTA 55068 JG L 612-423-4411 January 12 , 1989 TO: Mayor Hoke Councilmeinbers: Napper Oxborough Walsh WiPPermann i FROM: Stephan Jilk, AdrninisCrator/Clerk ; , , ` RE: LELS (Police Union) CONTRACT , � During executive sessions discussions were held and indication of t r approval for the 1989 - 1990 LELS union contract was given. I ' ' request that you give formal approval to �hat contract. I have � ; included, for your reference, the salary and benefit ad�ustments which wi11 be made under this contract. ' The requested action then would be a simple motion to approve the 1989 - 1990 contract between the City of Rosemount and LELS and , authorize the mayor ancl city administrator to sign. � 1� � , , ; � � ; i ; � � • �v1 f'O. R�X !'i40 i � fj!�/ �) ?R7''i IAfi1I1 ST W t�t tlq�:F'M{)l1Nt. MIND![.'',(lt/1 ,5nr,tt' �OS��,�u�l•� R1?--���1.dAi1` ��*CUNFIDENT�AL*�* � 'T0 : r4ay�r �toke Councilmembers N�PPec Ox6orough Walsh Wip�ermann FRQM: Stephan Ji1k, Administrator/Clerk - DATE: December 12, 1988 , RE: I,.F.L.S. (Police Union) Negotiations 19$9-1990 Contract ' i have met with representatives of L.E.L.S. following 'our decision on ' salary/fringe bene.fits for 1989-1990. _ As you may recall, the discusaion we held on the 'pr.ogress af the negotiations centered around the concern for longevity inere�ses. The position we were at in regards to salarp increases and longevity tucreases was pr�sented to you in the attached memo . 'The union was still pr,essing for longe,vity increases from 1-2-3X to 2- 4-6-8� by 1990. We suggested that even though most other cities in ovr area have a longevitp schedule of 3-5-7-9�. topping out at 16 years, we hoped that we would not- have to proceed to tkat schedule at this point. Also, we suggested that based upon other surrounding cities we have a salary schedule that is about 3Z+ ].ower than the other cities. Based upon a11 of this and our diacussion held after our November 15 meetin8, I took the following positions - ( 1) Consider a higher wage increase to -- (2) Keep longevitY rates lower. The �d�ustments the union representat`ive �nd I tentatively agreed' to were the following: ( 1) Salary increases in 1989 - 4. 25� 1990 - 4. 25� � � � L. F. �,.S Ne�oti.ati�ns - 1989-90 Gontr�tct �ecember 12 , 1988 I'z�e 2 ( 2) Longevity schedule: Crom To . l T - 5 years 29� - S yer�rs 2� - 10 yeaxs 3� - $ years 3� - 15 years 4� - 12 pears _ . , 5� - 16 years (3) Vacation: From To 6 ,days lst ye»r 8 days lst year (�+) Clothing allowsnce: � Now $4Q0 a year ` • 1.989 $400 a year' 1990 $425 a yesr (5) rducation Incentive: Payment oE 1 . 2Q credit for each credit alaove 90 (equivalent �o �asc�ciate degree required to become certifi.�d in Minne.�ota) . This payment would come in Ulocks oE 45. That is, 3f an oF£i.cer has accumulated say 130 r.�edl.tS , he/she would not begin getting paid for any eredits i�ntil he/she re�ched 135 credits; then, n�t until 1$0 cre�li.ts have been aceumulated. This credit payment does nnt "'kick in" until an �Eficer is emploped over five years . This keeps a pers�n from �oining the �orce with say 180 credi.ts �nd �utomstically getting a higher rate o.E pay . (6) Sergeants Pay : , Pntrol teRm serge�nts nc>w geL• $50/month e�ttrfi f.or thnG duty. The new pay wo1�1d be ,$1UO�month. This �fFectR two }�eople. I f.ee1 this package , although not quite what I have hopeci for going into neg�tlatiuns this year. , is fair and r. easonable consi�iering ovr positiQn relating to other departments and cost of lzving factvrs. I wor�l.d recommend your c�nsideration �n� �pprov�l . sm� LABOR AGRBEME�JT BETWEEN TNE CITY QF RtJSEMOUNT AND LAW ENFORCEMENT LASOR SERVICES, INC. JANUARY 1 , 19$9 - DECEMBER 31 , 1994 i TABLE OF CONTENTS Article ' Page PREAMBLE 1 z DEF'INITTQNS � �� REGQGNITTQN � �I� MANAGEMENT RIGHTS AND R�SPONSTBiLTTIES 2 �V LELS RIGHTS AND RESPONSTBILITIES 3 v NQ STRSKE PROVISION e} VI EQUAL APPLICATI�N � VTI SAVINGS �LAUSE � VIII GRZEVANCE PRQCEDURE � IX DISCIPLINE AND DISCI3ARGE 11 X JOB SAFETY � � XT COURT TI�IE 13 XII CALL BACK �� XIII SICK LEAVE � ,� XIV LAY OFF 16 �u VACATIt7N 17 XVI CLOTFiTNG ALLOWANCE 17 XVII LONGEVITY �� XVIII EDUCATIQN INCENTIVE PAY 18 XIX TNSURAAICE 19 XX HOLIDAYS .t 19 XXI OVERTIME 20 XXII TRAINING 2a XXIII INJURY QN DUTY �� ii }�XIV ' SEVERANCE PAY ' �fl XXV RETIREMENT PAY 2i XXVI WATV�R 2i XXVII COMPENSATC}RY TTME ACCUMULATT�N AND USE 22 XXVIII DURA'rION �� APPENDIX A 24 1 t iii LAB�R' AGREEMENT BETWEEN , THE CITY OF RQSEMOUATT AND LAW ENFORCEMENT LABpR SERVTCES, INC. PREAMBLE This AGREEMENT is made and en�ered into this 1st day of ,�anuary, 1989, by and between the CITY OF ROSEM;OUNT, hexeinafte.r ref�xred to as �he EMPLOYER, ana LAW ENFORC��IENT T�ABOR S�RVTCES, INC. , herei��after referred to as LELS, has as its purpose the �romotion of liarmoni4us relations between the Et4PLOYER, �.ts employees and LELS; the furtheraiice of efficient governmental service�; the estab3.ishment of an equitable and peaceful procedure for the resolution of disputes tha� may arise without in�erference or disruption of efficien� operati.ons of the departmenk; the �stablishment of a formai understanding relat�.ve to all terms ��a Cona�.t�.on� of employment. ARTICLE 1 - DEFINITIONS 1 .1 LELS: Law Enforcement Labox Service, inc. 1 .2 EMPLOYER: The City of Rosemount 1 .3 EMPLOYEE: Member of the Police bargaining unit as identified by Bureau of Media�ion Service, 5tat� of Minnesota. 1 .4 DEPARTMENT: The City of Rosemount Polf.ce Department. , 1 ,5 WORK DAY: Shall cansist of ten ( 10) hours. �� 1 .6 WORK WEEK: Shall consist of forty ( 40) hours based c�n a 2,080 hour year per approved schedule. 1 .7 CITY: The City of Rosemount 1 .8 CHIEF: The Chief of the Raser�aunt Pol.ice Department. 1 .9 UNION OFFICER: Officer elected ox appointed by LELS. ARTICLE IT - RECOGNITZON 2.1 The EMPLOYER recagnizes Law Enforcement Labar Services, Inc. , as the excl.usive representative under Minnesota Statutes 179.71 , subd. 3, for the members af the Rosemoun� Palice Bargaining Unit as identified by the Bureau o� Mediation Services, State of Mznnesota. 2.2 In the event th� EMPLf3YER and I,ELS are unable to agree as �c� the inclusion or exciusfon of a new or modified job class the issue shal.l be submitted to the Bureau of Medi�tion Services for determination. ARTICLE IIT - MANAGEMENT RIGHTS AND RESPONSiBELITIES 3.1 It is recognized, excep� as expressly stated herein, the EMFL�YER wi11 �etain whatever rights and authority necessary for it to operate and direct the affairs of the Department in all the various aspec�s, including bu� not 2imited to: the right to direct the working farces; to pian, diree� and control all the operations and gervices of the Departmez�tr to determine the method, means, organi,zatian and number of persannel by which such operations and services are to be conducted; to assign and transfer pmployees; to gchedule working hours; to assign overtime; to hire, pramote, demote, suspend, discipiine, discharye or rel3eve e�plpyees due to lack of work or o�her legitimate reasons; to make and enforce reasonable work rules and regulations and to change 2 ar elimin�te me�hods of police function, equir�m��it ar facilities. 3.2 The EMPLOYER agrees to publish the method by whieh promotions shall be made withii� the Depar�ment; to publish reasonabie work rules and regulations, if any, and make copies of both available to me�nbers of the bargaining unit. Any new or change in existing work rules and regulations by the EMPLOYER which affect terms and candit3.ons of empioyment : must stand the test of reasonableness. 3.3 Any term and condition of employment not specif�.cally established ar modified by this AGREEMENT shall remain soiely wi�hi.n �he diseretian of the EMPLOY�R to moclify, establish ar eliminate. ARTICLE iV - LELS RIGHTS AND RESPONSIBII,ITXES 4.1 The EMPLOYER agrees to caopera�.e with LELS in the deduction ; of regular monthly duss, for those emplQyees who request in writing to have regular monthly LELS dues checked off by payroll deduction. The EMPLOYER agrees to remit sueh regular monthly dues in a manner to be prescribed by LELS. 4.2 LELS agrees to indemnify and hold �he EMPLOYER harmless against any and all claims, suits, orders ar judgm�nts brought ar issued agai,nst the employer as a result of any action taken or not taken by �he EMPLOYER u�ider the provisions of the foregoing section. 4.3 The EMPLOYER agrees not �o enter into any aqreament with members of fihe bargaining unit, individually or 3 , collectively, o� with any other orga��iz��ti.on which in any way conflicts wi�h the provisians o€ this AGREEM�NT. 4.4 LELS may designate employees from the bargaining unit to act as representatives and shall inform the employer of such choice and of any changes in LELS representatives in writing. 4.5 The EMPLOYER agrees to make space available on the employee bulleti.n board for the posting of LELS natice(sy and announcement(sj and ta make space available for meetings of the bargaining unit when it does no� conflict with the operation of the Uepartment. 4.6 The EMPLOYER agrees to allow the o£ficers and ' representatives c�f the bargaining unit reasonable time off and leaves of absences, with prior apprflval and with pay, for the purpose of conducting LELS locai unit business when such time wil]. not unduly interfere with the operations of the Department. 4.7 The EMPLOYER agrees that process of ail gr3.evances sha1l be during the normal wark day whenever possible, and employ�:es shall not lose wages due to �heir necessary participat�.on. ARTICLE V - NO STKIKE PRQVI9IQN Neither LELS, its offieers or agents, nor any of the emplayees cavered by this AGREEMENT will eng,age inr - enCourage, sanction, support or suggest any s�rike, slow down, mass resignations, mass absenteeism, the willful absence fr4m one`s position, the stoppage of work or th'e 4 abstin�nce of duties of employment for the �urpos� of inducing, influencing, or coercing a ehange in the conditions, eompensation or the rights, privileges or obiigations of employment. . ARTICLE �II - EQUAL APFLICATION 6.1 The provision of this AGREEMENT shall be appli�d equally to all empioyees in the bargaining unit without d3,scrim3.nation as to race, color, creed, sex, national origin, religion, or political affiliation. LELS and the emplayees covered by this AGREEMEIdT shall share equally with the �MPLOYER the responsibilities established by ttiis Article. ' 6.2 The EMPLOYER shal.l not di.scriminate against, inter�e�e with, restrain, or coeree an emp�.oyee from exercising the right tc� join or not to �oin LELS or participa�e in an offfcial capacity on behalf ot LELS, which is in accordance with the provisions of this AGREEMENT, LELS shall not discriminate against, interfere with, restrain or coerce an empioyee from exercising tha right to join or nat to �oin LELS and wil.l not discriminate against any employee in the administration of �his agreement because of non-m�mbership in LELS. 6. 3 LELS accepts its responsibilities as exclu�ive representative and agrees to represent a1.1 employees in the bargaining unit without discrimination. .; ARTICLE VZI — SAVINGS CLAUSE ?.1 This AGREEMENT is subjeet to the laws of the United States, the State of Minnesota, the County of Dakota and the City of 5 :, Rosemount. In the event that any provisio�is of this AGREEMENT may be held ta be contra.ry tv law by a court of competent jurisdiction from whose £inal �udgmezit or dQcre� no appeal has been taken within the time provided, such - provisions may be voided. All other p�rovisions of this AGREEMENT may continue in fu13 foree and ef�ect. The vai,ded provisions may be renegotiated upon written request of either party. ARTICLE VIII - GRIEVANCE PROCEDURE 8.1 Defin;itian of a Grievance. For the purpose of thi,s AGREEMENT the term "grievance" means any dispute arising concerning the interpretation or application of the expr�gs provisions of this AGREEMENT. �n the event af such grievance arising there shall be na 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 , sh�1Z be resolved in eonfarmance with the following proeedure. Ste�, l . An employee claiming a violation concerning the interpretation or application of �his AGREEMENT shall, within twenty-one (21 ) calendar days after such alleged violation has occurred, present such grievan.ce to the employee' s supervisor as designated by the EMPLOYER. The EMPLOYER-designa�ed representative wi11 discuss and give an answer to such S�ep 1 grievance within ten (10) ealendar days af�er reeeipt. A grievance not reso�,ved in S�ep 1 an`� b appealea to Step 2 sha11 be piaced in writin� setting f4rFh the nature of the grievance, the f�ets on which i� is basA�, the provision or grovisions of the AGREEMENT alleg�dly violated, the remedy requested, and sha�l be appealed ta Step 2 with�n ten (10� calendar days after the EMFLOYER- d�gignated representative's final answer in Step 1 . Any gr3evance not appealed in writing to Step 2 by LELS within ten �10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by LELS and discussed with �he EMPLOYER-desi.gnated Step 2 representative. The EMPLOYER-designated representative s�all 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 3n Step 2 may be appealed to Step 3 within ten (10) �alendar days following the EMPLOYER-designated representatiue's final Step 2 answer. Any grievance not app�aled in writing to St�p 3 by LELS within ten (14) calendar days sha11 be considered waived. Step 3. �f appealed, the writ�e�n grievanc� shall b� presented by LELS and discussed with the EMPLOYER-designat�d Step 3 representative. The EMPz�OYER-designated repres�ntative shSll g3,ve LELS the EMPLOYER'�s ans�rer in writing within ten (10) calendar days after rsceipt of sueh Step 3 grievance. A grievanee not resol.ved in Step 3 may be appealed to Step 4 within ten (1p} calendar days fol.lowiny 7 the EMPL4YER-designated represen�ative`s final an�wer in SteP 3. Any grievance nQt appeale� in writing ta Step 4 by LELS within ten (10) calendar aays shal� be considered waived. Step 4. A grievance unr�solver3 in Step 3 and appealed to Step 4 wi11 be submitted to media�ion, Within ten {1p) calendar days a�ter receipt of the EMPLOYER'S St�p 3 response, LELS shall file a petition with the Minnesota Bureau of Met�iation Serviee� with a copy submitted to the EMPLOYER. If a mecliation meetinc� cannot be arranged within twenty {20) calendar days of the request for mediation, LFLS may appeal the grievance to .Step 5. The EMk�LOYER-designated representative shal]. give LELS �he EMPLflYER'S an�w�r ei�her at the mediat�.on session or within five (5) calendar days of a meeting with LELS i,n lieu of inediation. A griEvance nc�t resolved in Step 4 may be appealed to S�ep 5 within ten {1Q} calendar days fallawing the EMPLOYER-desic�nated representative's final answer in Step 4. Any grisvaance not appealed in writing to Step 5 by LELS within ten ( 10} calendar days shal.l be considerec� waived. St_ e,p 5. A grievance unresolved ir� Step 4 and app�ealed �o Step 5 by �ELS shall be submit�ed to arbitratian. If the part3es are unable to agree on the selectio� of an arbitrator, LELS shall request a list of arbitrators t4 be submittec� to the parties by the Bureau of Mecliation Services. 8 8.3 ARBITRATOR'S ROLL The arbitrator seiected shall hear and dec�de the grievance. Each party shall be responsible for equaliy campensating the arbitrator's fee and n�cessary expenses. Each �hall be responsible for compensating their own witnesses. 8.4 ARBIT�ATQR'S AUTHORiTX A. The arbitrator shaJ,l have no right to amenc�, madi.fy, nullify, ignore, add to, or subtract �rc�rn the provisions of this AGREEMENT. The arbitrator �n�ii consider at�cl decide only the specific issue or issues subrnitted in writing by the parties of this Agreement and shall have no authority to make a decision on any Qther matter nc�t so submitted, If the grievance involv�d discipline ar discharge by the EMFLOXER, the arbitrator �hall haue the authority to sustain either position or to modify, amend or rescind the penalty af such action at the sole discretion of the arbitrator. B. The azbitrator shall be without pow�r to make decisions contrary to, or incons3.sten� with, or mod3.fy�,ng or varying in any way the appiicatian of laws, rul,es, c�r regulations having the force and effect of law. The arbitrator's decisian shall be submittea in writing w3thin thirty (30) days following close, i�f the hearing or the submission of briefs by the parties, whichever be later, uniess the parties agree to an extension. The decision shall be bind�.ng on both the EMPLOXER and LELS 9 � and shall be based solelp on the arbitratar' s interpretation or application ot the tPrms of �his AGREEMENT and to the facts o£ the grievance prese�ted. C. The fees and expenses for the arbitrator's serv#.ces and proceedings shall be borne equally by the EMPLOYER and LELS provided that each paxty sh�ll be responsible for compensating its own representatives and wf�ne�ses. Zf e�.ther party des�.res a verbatim recorci of the proceedi.ngs, it may cause sueh a record to be made, providing it pays for the recarci. If bc�th p��ti�s desire a verbatim recc�rd of the groceeding� the eost shall be shared equally. 8.5 Any or all of the time limits containea in this A�ti:cle may be extended by mutual agr�ement and �such extension w�,ll not - be unduly withh�Zd. 8.6 Choice of Remedv. if, as a result of the written EMPLOYER response in Step 4 the grievanee remains unresolved, and if the grievance involves �he suspension, demotion, or discharge of an emglayee who has completed the required probati.onary period, the grievance may be ap�aled to �ither Step 5 of ARTICLE VIII or a procedure such as Civil Service, Veteran's Preference, or �'air Employment. If appealed to any procedure other than Step 5 of ARTICLE y,III the grievance is not subject to the arbitration procedures as provided �.n Step 5 af AKTICLE VIII. The aggrieved employee sha3.1 indicate in writing which pr4cedure i.s to be uti.liz�d- i0 -Step 5 of ARTICLE VZII or ano�her appeal proceaure--and shall sign a statement to the effect that th� choice of any other hearing precludes the aggriev�d employee from making a subsequent appeal �hraugh 5tep 5 of ARTICLE VIII. AR�ICLE IX - DISCIPLIN� AND QISCHARGE 9.1 Discipline. 4.11 D,isciplinary acti.on -by the �MPLOYER shall 2�e for �ust cause and shall include the �al.lawing: a. Oral xeprimand, b. Wri�ten re�acimand, c. Susgension, d. Demotion, e. Discharge. 9.2 Notification o� the EmAlovee. 9.21 Su�pension, demotions and discharg�s will be in written form. 9.22 Notices o� suspension, demotion, or clischarge shall inc7,ude a statement of the eharges and the date on which time the action is to be effective. In case of demotton the position �o wliich �he employe� is demoted shal] be identified. 9.3 DischarQe. 9.31 Discharge shall be for �ust cause onlyr�. 9.32 The sta�emen� of cl�arges shall. be serveci upon the employee with a copy by regis�ered mail to LELS. 11 9.33 Upon recei�t of the statemen� of c2iaryes a grievaric� may be filed in aceordance wi��� ARTICLE V�II, 9.34 Pxivr to any hearing or arbitration proces� a �o�tnt meeting may be heZd by agr�ement of the EMPLOXER and LEL3 i.n an effort to res4lve the disputed di�charge. 9.4 Pers�onnel Re�ord�. 9.41 Copies of �li letters of commendati4n, camplaints and written reprimands that are en�ered into the employee's permanent personn�l file shall; be giuen to the employee and the employee shall be permitted �o respond thereto. Such responses shal.l be a�ta�hed to and made a part of �he ��rmanent personnel file. 9.42 Written reprimands, noti.ees of suspension, and notices of discharge which are to be�come part of an employee's personnel file �hall be read and aaknowledged by signature of the emplQyee. The emplayee and LELS will receive a copy of such reprimanc�s and/or no�i:ces. 9.5 Grievan�es Reaaxdinc� Disci li.n�e, 9.51 Grievances relating to this AKT�CLE shail be initiated by LELS in Step 3 of the grievance procedure under ARTICLE VIIT. AR'�ICLE X - JOB SAFETY It shall be the policy of the EMPL4YER �hat.�he safety of e�nployees, the protection of work areas, the adequate training in necessary safety prac�ices and the prevention of accidents are a continuing and integral part of its every 12 day responsibility. It shall also be the respansibility ot a11 employees ta coop�rate in programs to �romote safety to themselves and the public and, to compl.y with riiles promulgated to ensure sa�ety. This employee r�spons�,bility shall include the proper use of vehicles, equipment and aZk safety device� i� accordance with recognized safety procedures. It sha11 be the responsibility o£ the EtAPLE?YER to maintain a11 EMPLOYER-owned equipment in a safe ancl workable order, repairing or replacing as needed. ARTICLE XI - 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 one and one-half ( 1 1j�j times the employee's pay rate. An extension or early report to a regularly scheduled shift does not qualify the empl,oyee for the two (2) hour minimum. When an employee is notified of a cancellation of eourt appearance on or before the calenaas day prior to the scheduled appearance, no eourt time shall . be authorized. Same day cancellations sh�ll entitle the employee to the minimum. ARTICLE XII - CALL BACK Any employee called back to work outside of the employee`s regularly scheduled shift sha11 be paid for, �a minimum of two (2) hours pay at one and one half t1 1/2} times the emplayee's pay rate. An extension oE or e�rly report to a regularly scheduled shift does not qualify the emplayee for 13 the two (2; hour minimum. Call back g�axts at tl�� time of: employee' s report fc�r duty. �RTICLE XIII - SICK LE,AVE 13.1 Fu1l-tirne employees shall earn eight (8) hours o£ �ick leav� for each full month of employment, pro-rated to the neare:�� hour for a partial month' s service. 13.2 Earned sick ].eave may be aecumulated to a maximum of nine hundred and sixty E960) hours. Not withstanding the max3.znum of nine hundred and sixty (960) haurs employees shali reeeive no less than the maximurn accrual a�llowecl for c��hear full-time City employees. 13.3 Accumulated sick leave may be used for abs�nces €rom work neeessitated by illness, in�ury, pregnancy as required by 3aw, or medical or dental care which cannot b� schedulea other than during working hours subject to the a�proval of the Police Chief. When the us� of accumulated siek leave is approved, for compensation purposes, empl4yees will be considered to have worked their narmal work day. Use of sick leave in excess of three (3} days shall require written medi.cal documentation. 13.31 Accumulated sick leave may also be used to �ake such arrangements as are necessary because of death or serious illness or injury to the immec��iate family of the employee; said use, however, not to exceed twenty- four (24) hours. 14 13.32 Immediate family is d�fined as the employee's spouse, minor �hildren or parenk where the paxent has no ather person to provide the necessary nursing care, iiving in the household of the employee. The tweiYty-four (24) hours leave permitted under thi.s Section is a maximum limitation and supervisors should be aTert tQ the fact that arrangement for providing nursing care should ordinarily take much less t3me than twenty-four (24) hc►urs. 13.4 The repeated or �ystematic use o� sick leav� �hall require written medical verification upon wri�ten notification to the employee from the EMPLOYER. 13.5 Use of sick leave benefits for reasons other than thos� stated in 13.3 of this Article shall be just cause for disciplinary action. 13.6 Notification. Empioyees unable to report for their work day because of illness or injury gha11 noti£y theix s�xpervisor or designee prior to their scheduled startinq time, �xcep� in the even�t of an emergency which prevents an employee from notifying their supervisor. Emplayees fail3ng to give such notice may be subject to diseigline. 13.7 Upon request caf a full-time employee who i� absent from work as the result of a compensable in�ury eovered under the provisions of the Workers' Compensation Act, the EMPLOYER will pay the difference between the benefit received by the employee pursuant to the Workers' Compensat�.on Aet and �he 15 emplayee's normal daily wages to the extent of the employee' s earned sick leaue. 13.71 Such payment sha11 be made by the employer to the empToyse only for the p�riod of the disahility 4r until the employee's earned sick leav� is exhausted. 13.72 The deduction from an employee' s earned si.ck leave sha11 be a pro-rated amount based on Workers' Compensation benefi.ts and thQ employee's normal daily wages. 13.8 Accumulated sick leave shall have no cash value at the time of separation from employment. - 13.9 In the event of the death af an emplayee, th� e�tate shall be entitled to 70$ of the employee's aceumulated sick leave at the rate last paid to the employee. ARTICLE XIV - LAY OFF i4,1 When a reduction in the work torce becomes necessary, the employee with the Ieast seniority shal�. be laid off f#.rst provided other employees are qualified to perform the duties of the employee with the �.east seniori�y. The last empioyee laid off shall be �he firs� to be recal2,�d for work. No new employees shall be hired until the lay-off list h�� been exhausted. � 4.2 Employees on l.ay off �hall have recall. right�s for two {2) years. The names of employees whose recall rights have expired shall. be removed frtim the lay-off list. 16 ARTICLE XV - VACATIONS 15.1 All full-�ime employees shall earn vacation based on the following schedule, beginning January 1 , 1989: First year of employment .6? day/month (8 days) 2nd thru 3rd year of employment 1 day/month ( 12 days) 4th �hru 10th year of employment 1-1 /2 days/�nonth {18 days) 11 years of service and above 1 -3/4 days/month (21 day�s) . 15.2 All full.-time empioy�es may accumulate vacation acarual based on years af service to the maximum prescribed in the following schedule: Zero thru four years o� service 20 days Five thru ten years of service 25 days Eleven years of service and above 30 days. 15.3 Payment in lieu of vacation accrua]. beyond the amounts listed will not be considered. 15.4 .Vacation requests are ta be submitted an or before March tst of the year the vacation is to be taken. 15.5 Vacation schedule approval wili be granted in order Qf sen�.ority. After March 1st, additional vacativn requests will be granted c�n a first come, first served basis. ARTICLE XVI-CLCITHING ALLOWANCE 16.1 For 1989 the annual clothing allowance for current patral officers shall be four hundred ($�400.00) do2ilars. For 1990 the annual clothing allowance for current patrol of£icers shall be four hundred twenty-five ($425.00}' dollars. 17 Carryovers of unused clothing aZlowance to a maximum af two years worth wi11. be allowed. 71RTI(:L� XV�I - LONGEVITY Longevity will be paid aceording to the follawing: After 5 years 2� of current salary After 8 years 3�4 of cuxrent salary After 12 years 4� o� current salary After 16 years 5� of current salary. ARTTCLE XVxII - EDUCATION INCEr�TIVE PAY The rates of pay set forth in this eon�ract consider the base rate and incentive pay based on either longevity or education to employees qualifying hereunder. An employee may select eith�r the longevity tract (LT} or an education track {ET) , but not both. The tracks may not be combined, Each employee, in order to be eligible, must make his ineentive track announcement in writinq. Management requires proof of elig�.bility in the form af a copy of transcripts or degree completi.on. An employee may only change tracks effective January of each year. FT credits are stated in terms of college quarter credits with 45 credits equal to one full year o€ coilege. Only accredited college cources reeogniz�d by the EMPLOYER will be creaited , toward �he ET. Payment wi11 be: $1 .24 per,�redit for eacl� eredit over 90 credits. Payment wil1. be made for blacks of 4� credit blocks. No payment will be macle for prorata accamplishm�nt for credits less than 45 credit blocks. 18 ARTICLE XTX - S1�iSURANCE 19,1 The EMPLOYER shall pay one hundred percent (100�) of the cost o£ single health insurance coverage. 19.2 The EMPLOYER shall pay s3xty-five {�5$) o� �he cost of dspendent health insurance coverage. 19.3 Employees not choosing dependent coverage eannot be covered at EMPLt�YER expense for any additianal insurance than the individual graup health insurance coverage, 19.4 The EMPLQYER shall pay one hundred percent (1Q0�) of th� cost of the employee life insurance caverage in the amc►unt af $10,000. ARTIGLE XX - HOLIDAYS 2Q.1 Holidays shall be as follows: (1 ) New Year� Day (7) Columbus �a� (2} Martin Luther King Day (8} Yeteran's Day (3) President's Day t9) Thanksgivinq Day (4) Memoriai Day (10) Friday after Thanksgiving (5) Independence Day ( 11 ) Ch�istmas Day {6) Labor Day 2Q.2 All shitt patral. shall be paid one {1 ) t3mes the employee' s regular daily rat� on date holiday fell on for eleven (11 ) holidays per year provided the employee was employed duri.ng the holiday occurred. Employees h3red duzi.nig the year shall be compensated as above for holidays that occurred during the employee's employment. Holiday pay will be by �eparate entry on the last pay day in November. 19 ARTICLE XXI - OVERTIME Employees shall be campensated at on� and one-haif (1-1j2) times the employee'�s regular hourly rate in excess of the regularl.y scheduZed shift per the approved schedule. ARTICLE XXII - TRAINING It shall be the responsibility of the EMPLOYER tc� seek and seheelule the employee for training to satisfy P.O.S,T, Board requirement. It shaZl be the employee' s responsibility to alert the EMPLOYER of the employe�' s responsibility �o alert the EMPLOYER of the employea's training needs weiS in advance of recertification or relicensing. Employee's will receive strai,ght time pay for all tra3ninc� required by the P.O.S.T. Board. ARTICLE XXITZ - INJURY ON DUTY 23.1 Empioyees injured during the performance af their duties for th� EMPLOYER and thereby rendered unable to work for �he EMPLOYER shall receive eighty percent (8fJ�k} af their fu3.1 waqes during the periad of incapacity not to exceed a period equal to e3.ght (8} months. 23.2 fihe City wi.11 be advised of Workers' Compensation payments and thereafter pay to the employee an amount that �ha11 bring the employee's cc�mpensation up to e3.ght p�rcent {8U�) of the employee`s full salary, ,� ARTICLE XXIV - SEVERANTCE PAX Regular full-time empl.oyees leaving �he serv�ce of th+� EMPI,OYER in good standing for any reason other th�n 2U re�irement and with two (2) weeks ac�vanee notice will � receive payment at the Amploy�e'g rate at time oF leaving the employ, as prescribed below: Vacation: Up to aecrual Plus: 5 thru 9 years of service � 2 weeks pay 10 years of service and above = 4 weeks pay ARTICLE XXV - RETIREMENT PAY Regular full-time employees who leave the City's empioy ta accept a retirement annuity will receive payment at the employee' s rate at time of ret3rement a� �rescribed below: Vacation: Up to accrual limit Sick Leave: 25� of unus�d after 5 years of serv3ce 50� of unused after 10 years of serviee, ARTICLE XXVI - WAIVER 26.1 Afly and all prior agreements, r�solutions, practices, policies, rules and regulations regarding terms and ` conditions of employment, to �hs extent inconsi:�tent with the provisions of the AGREEMENT, are hereby superseded. 26.2 The parties mutually aeknowledge that dur3.ng the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make d�mands and p�Qposals w�.�h respect to any term or condition of employment not removed by law from bar+�aining. A11 agreemen�s and understandings arrived a� bg the parti.�s are se� forth in writing in this AGREEMENT for �he stipulated duration o£ thi.s AGREEMENT. The EMPLOYER and the UNIQN each voluntariiy and unqualifi,edly wai.ves the right to meet and negotiate regarding any and a11 terms and condat�,3.ons o£ 21 employment referred to or covered in this AGRE�MENT or with res�ect to any term or eondi.tion eaf empl.oyment not speeifically referred to or cover�d by this AGREEMENT, ev�n though such terms or eonditions may not have l�en within the knowledge or contemplation of either or both ot the par�ies at the time thi� contact was negotiated ar executed. ARTICLE XXVII - COMPENSATORY TIME ACCUMULATION AND tISE 27.1 Compensa�ory time may be accumulated for overtime worked a� the rate of one and one half (1-1 /2) times at the discretion af the EMPLOYER. 27.2 Compensatory time off, if granted by the EMFLOYER, may be ' allowed to accumulate to a maximum of eighty (80} hours. 27.3 Gompensatory time pff shall be a f�ature of this AGREEMENT only as long as compensatory time off do�s not jeopardize the City' s gosition with regard to tha Fair Labor Standaxds act anc� according to Federal and State Law. ARTICLE XXVIII - DURATz4N Except as herein prc�vi.ded, this AGREFMEI�T sttall. be efi�eCtiv� January 1 , 1989 and sha11 continus in full force and eff�ct until December 31 , 1990 and thereafter until mvdified or amended by mutual agreement of the parties. i 22 FOR THE CITY OF R4SEMOUNT FOR L�W ENFORCEMENT LAAOR SERVICES, INC. Ro11an Hoke Roland Miles Mayor Execut3ve Direetor Stephan Jilk Mark Robi.d�au Administr�torlClerk Agent , .� 23 APPENDIX A PATRQL OFFZCER 1989 199t? 0 - 12 months $2,026.77 $2,112.91 13 - 24 months 2,364.82 2,465.32 25 - 36 months 2,583.46 2,693.26 37 months an over 2,8p3.67 2,922.82 PATR4L TEAM SERGEANTS Patrol officers designa�ed as Pa�rol Team S�rgeants wi31 be paid �'tp� per month additf.onal salary. The preceding wage schedul� shall nQt con�s�rain the EMPLOYER £rom hiring an employee at any step in th+� schedule, i 24