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HomeMy WebLinkAboutResolution 7918RESOLUTION 7918 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE 2011— 2013 LABOR AGREEMENT WITH THE MOUNDS VIEW POLICE DEPARTMENT PATROL OFFICERS AND INVESTIGATORS GROUP, LELS 204 WHEREAS, the previously approved Labor Agreement with LELS 204 (the "Union") expired at the end of 2010; and WHEREAS, the City and the Union held a series of negotiating sessions in an effort to ratify a new agreement; and WHEREAS, the City Council met in Executive Sessions to consider revised terms associated with the 2011-2013 Labor Agreement; and WHEREAS, the Union has reviewed and approved the terms as represented in the attached 2011-2013 Labor Agreement. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View does hereby approve a three year Labor Agreement with LELS 204 (Patrol Officers and Investigators) effective from January 1, 2011 through December 31, 2013. Adopted this 26th day of March, 2012. e Flahe , ATTEST: \-J U -V , , — James Ericson, City Administrator (seal) LABOR AGREEMENT BETWEEN CITY OF MOUNDS VIEW AND LAW ENFORCEMENT LABOR SERVICES, INC. (L.E.L.S.) LOCAL NO. 204 JANUARY 1, 2010 2011 - DECEMBER 31, 2010 2013 TABLE OF CONTENTS ARTICLE 1 - PURPOSE OF THIS AGREEMENT...........................................................1 ARTICLE 2 - RECOGNITION..........................................................................................1 ARTICLE3 - DEFINITIONS............................................................................................1 ARTICLE 4 - EMPLOYER SECURITY............................................................................ 2 ARTICLE 5 - EMPLOYER AUTHORITY......................................................................... 2 ARTICLE 6 - UNION SECURITY.................................................................................... 3 ARTICLE 7 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ................................. 3 ARTICLE8 - SAVINGS CLAUSE.................................................................................... 6 ARTICLE 9 - PROBATIONARY PERIODS..................................................................... 6 ARTICLE10 - SENIORITY.............................................................................................. 6 ARTICLE 11 -DISCIPLINE .............................................................................................7 ARTICLE 12 - CONSTITUTIONAL PROTECTION......................................................... 7 ARTICLE 13 - WORK SCHEDULES............................................................................... 8 ARTICLE14 - OVERTIME.............................................................................................. 8 ARTICLE 15 - COURT DUTY......................................................................................... 9 ARTICLE 16 - WORKING OUT OF CLASSIFICATION................................................... 9 ARTICLE 17 - INSURANCE............................................................................................9 ARTICLE 18 - STANDBY PAY......................................................................................10 ARTICLE 19 - OFF DUTY CALL PAY........................................................................... 10 ARTICLE20 - UNIFORMS............................................................................................10 ARTICLE21 -VACATION .............................................................................................10 ARTICLE 22 - SICK LEAVE.......................................................................................... 11 ARTICLE 23 - SEVERANCE PAY.................................................................................12 ARTICLE24 - HOLIDAYS.............................................................................................13 ARTICLE25 - CAFETERIA PLAN.................................................................................13 ARTICLE26 - INJURY ON DUTY.................................................................................13 ARTICLE 27 - LONGEVITY PAY AND EDUCATIONAL inir�� ..... 14 ARTICLE28 - WAIVER.................................................................................................15 ARTICLE29 - POST LICENSES..................................................................................15 ARTICLE30 - DURATION............................................................................................15 ARTICLE31 - WAGES.................................................................................................. 16 APPENDIXA.................................................................................................................17 APPENDIXB.................................................................................................................18 MASTER LABOR AGREEMENT BETWEEN CITY OF MOUNDS VIEW AND LAW ENFORCEMENT LABOR SERVICES, INC. L.E.L.S. ARTICLE 1 - PURPOSE OF THIS AGREEMENT This AGREEMENT is entered into as of January 1, 2010 2011, between the CITY OF MOUNDS VIEW, hereinafter called the EMPLOYER, and the LAW ENFORCEMENT LABOR SERVICES, INC. (L.E.L.S.), LOCAL NO. 204, hereinafter called the UNION. It is the intent and purpose of this AGREEMENT to: 1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE 2 - RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179A.03, Subdivision 8, for all police personnel in the following job classifications: Police Patrol Person Investigator 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 3 - DEFINITIONS 3.1 UNION: The Law Enforcement Labor Services, Inc. (L.E.L.S.), Local No. 204 3.2 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc. (L.E.L.S.), Local No. 204 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 EMPLOYER: The City of Mounds View I 3.5 CHIEF: The Chief of the Mounds View Police Department. 3.6 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services, Inc. (L.E.L.S.) 3.7 INVESTIGATOR/DETECTIVE: An employee specifically assigned or classified by the EMPLOYER to the job classification and/or job position of INVESTIGATOR / DETECTIVE. 3.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's SCHEDULED SHIFT. 3.9 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.10 REST BREAKS: Periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.11 LUNCH BREAK: A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.12 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow -down, or abstinence in whole or part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. ARTICLE 4 - EMPLOYER SECURITY The UNION agrees the during the life of this AGREEMENT that the UNION will not cause, encourage, participate in or support any strike, slow -down or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE 5 - 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 6 - UNION SECURITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate employees from the bargaining unit to act as Steward and an alternate and shall inform the EMPLOYER in writing of such notice and changes in the position of Steward and/or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notice(s) and announcement(s). 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLE 7 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 DEFINITION OF 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. 7.2 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 name of such UNION representatives and of their successors when so designated as provided by 6.2 of this AGREEMENT. 7.3 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 a UNION representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the employee and the UNION Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 7.4 PROCEDURE Grievances, as defined by Section 7.1 shall be resolved in conformance with the following procedure: Step 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 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, 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 Step 2 Representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER -designated Representatives 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. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER -designated Step 3 Representative. The EMPLOYER -designated representative shall give the UNION 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 appealed to Step 4 within ten (10) calendar days following the EMPLOYER -designated representative's final answer to Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 3a. If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves timeliness for Step 4 of the grievance procedure. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days of mediation shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. 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. 7.5 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 decisions 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 the law. The arbitrator's decision shall be submitted in writing within thirty (30) days following 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 for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 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 last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION in each step. 7.7 CHOICE OF REMEDY If, as a result of the written EMPLOYER response in Step 3 of the grievance remains unresolved, and if the grievance involves discipline of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article 7 or to Civil Service. If appealed to Civil Service the grievance is not subject to the arbitration procedure as provided in Step 4 of Article 7. The aggrieved employee shall indicate in writing which procedure is to be utilized - Step 4 of Article 7 or Civil Service - and shall sign a statement to the effect that the choice precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article 7. ARTICLE 8 - SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Mounds View. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 9 - PROBATIONARY PERIODS 9.1 All newly hired or rehired employees will serve a twelve (12) months' probationary period. 9.2 All employees will serve a six (6) months' probationary period in any job classification in which the employee has not served a probationary period. 9.3 At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. 9.4 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 10 - SENIORITY 10.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 10.2 A reduction of work force will be accomplished on the basis of seniority. Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two years of the time of the employee's layoff before any new employee is hired. 10.3 Senior employees will be given preference with regard to transfer, job classification assignments and promotions when the job -relevant qualifications of employees are equal. 10.4 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-time employment. ARTICLE 11 -DISCIPLINE 11.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms. a) oral reprimand; b) written reprimand; c) suspension d) demotion; or e) discharge 11.2 Suspensions, demotions and discharges will be in written form. 11.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the employee. Employees and the UNION WILL receive a copy of such reprimands and/or notices. 11.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 11.5 Discharges will be preceded by a five (5) day suspension without pay. 11.6 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. 11.7 Grievances relating to this Article shall be initiated by the UNION in Step 3 of the grievance procedure under ARTICLE VII. ARTICLE 12 - CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens of the United States and Minnesota State Constitutions. ARTICLE 13 - WORK SCHEDULES 13.1 The normal work year is two thousand and 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. 13.2 Authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 13.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the EMPLOYER may assign employees. ARTICLE 14 - OVERTIME 14.1 Employees will be compensated at one and one-half (1 Y2 ) times the employees 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. 14.2 Overtime will be distributed as equally as practicable. 14.3 Overtime refused by employees will for record purposes under Article 13.2 be considered as unpaid overtime worked. 14.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 14.5 Overtime will be calculated to the nearest fifteen (15) minutes. 14.6 Employees have the obligation to work overtime or call backs if requested by the EMPLOYER unless unusual circumstances prevent the employee for so working. 14.7 Employees may take compensatory time in lieu of overtime pay. Compensatory time may be accumulated up to 60 hours. s ARTICLE 15 - COURT DUTY 15.1 An 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 % ) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for Court time. 15.2 Employees notified by the employer/court to be on court standby status will be compensated a total of three hours based upon the employee's normal hourly rate for each day the employee is to standby for court duty but not called for court. A summons to court on a standby day will preclude standby pay. 15.3 The three hour court/standby compensation will not be given unless the employee contacts the court line the evening prior to scheduled appearance between the hours of 1530 and 1630 hours to verify status, and duly reports such on the Court/Standby request. ARTICLE 16 - WORKING OUT OF CLASSIFICATION Employees assigned by the EMPLOYER to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule for the higher classification for the duration of the assignment. ARTICLE 17 - INSURANCE 17.1 The EMPLOYER will contribute a maximum amount of $867.33 per month in 244-0 2011 and $917.33 per month in 2012 to each full-time permanent employee for group health, dental and life insurance dependant coverage; patrol officers will be offered the same health, dental and life coverage offered to all City employees. The monthly EMPLOYER contribution in 2013 shall be based on the rate of the health insurance premium increase, as follows: 2013 Health Insurance Premium Increase Monthly EMPLOYER Contribution Less than 1 % 917.33 1% to 5% 930 6% to 10% 940 11% to 15% 950 Greater than 16% 960 17.2 Employees may designate any unused portion of the EMPLOYER contribution amount to provide dental coverage and/or supplemental life insurance offered according to established guidelines through the City's plans. ARTICLE 18 - STANDBY PAY Employees required by the EMPLOYER to standby shall be compensated for such standby time at the rate of 1 hour compensatory time off for each hour on standby. ARTICLE 19 - OFF DUTY CALL PAY Employees classified or assigned by the Employer as Investigator will receive one hour of compensatory time off for every off-duty call received between the hours of 9:00 p.m. and 7:00 a.m. Monday through Friday, and 9:00 pm Friday through 7:00 a.m. Monday. ARTICLE 20 - UNIFORMS Uniforms: The Employer shall provide a uniform allowance of $710.00 for 20010 during the term of this AGREEMENT. Employees who have completed one year of service with the Employer will be eligible to receive the uniform allowance. The uniform allowance will be prorated for employees who work less than one full year. The Employer will determine and provide an initial issue of uniforms and equipment to newly hired officers. ARTICLE 21 - VACATION 21.1 Vacation Pay. If an employee desires vacation pay in advance of vacation, the employee must give the EMPLOYER at least three weeks notice in writing. 21.2 Carry Over and Waiver of Vacation Leave. Ten days of vacation may be carried over to the next year. 21.3 Consecutive Vacation Days. If the employee is entitled to two weeks vacation, the employee must take one week consecutively, if an employee is entitled to three or four weeks vacation, the employee must take two weeks with five (5) day blocks or greater. 21.4 Vacation Schedule Vacation will be granted employees according to the following schedule: 1 through 5 years 10 days After 5 years through 10 years 15 days After 11 years 16 days After 12 years 17 days After 13 years 18 days After 14 years 19 days After 15 years 20 days After 20 years 25 days to 21.5 One continuous vacation period shall be selected on the basis of seniority until May 1 st of each calendar year. 21.6 After May 1St vacation shall be awarded on a first come first serve basis. Vacation requests shall be submitted no more than 30 days in advance. Vacation requests can be submitted more than 30 days in advance with the specific permission of the Chief. 21.7 Probationary Employees that are new hires are not entitled to use accrued vacation until completion of their sixth month of employment. ARTICLE 22 - SICK LEAVE 22.1 Eligibility: Sick Leave with Pay. Any employee who has been continuously employed for a period of one year or longer may in any calendar year be granted sick leave not to exceed thirteen (13) working days with full pay. An employee may borrow up to thirty (30) days of sick leave with the approval of and under conditions set out by the EMPLOYER. Sick leave is defined to mean the absence of an employee because of illness, exposure to contagious disease, attendance of such employee on a member of the employee's immediate family requiring the care or attendance of such employee, or death in the immediate family of the employee. The EMPLOYER may in any case require evidence in the form of a certificate from the employee's physician for verification of the reason for any employee's absence during the time for which sick leave is granted. 22.2 Accrual and Use. Sick leave may be accumulated to a maximum of 960 hours. 22.3 Proof Required. In order to be eligible for sick leave with pay and employee must: a. Report promptly no later than 30 minutes before a scheduled shift to the Department the reason for such absence. b. Keep the Supervisor informed of the employee's condition, if the absence is more than three (3) days duration. If an employee needs to utilize sick leave during a scheduled shift, a prorated portion of sick leave may be used to cover the balance of the shift. C. Submit a medical certificate for any absence exceeding three (3) days if required by the EMPLOYER. d. Penalty. Claiming sick leave when physically fit, except as permitted in this section, may be cause for disciplinary action, including transfer, suspension, demotion or dismissal. 11 22.4 Other leave may be granted in accordance with the Family and Leave Act (FMLA) as appropriate. ARTICLE 23 - SEVERANCE PAY 23.1 Lump Sum Severance A. Upon separation from employment with the City, employees with less than twenty (20) years of service and leave in good standing will receive a lump -sum taxable severance compensation for all accrued vacation and compensatory time. B. Employees who separate with less than two years of service are not eligible to be compensated for accrued sick leave. (Employees who separate with two or more years of service will contribute their eligible sick leave hours to the Retirement Health Savings Plan as provided in 23.2.A). 23.2 Retirement Health Savings Plan The City of Mounds View offers its employees a Retirement Health Savings Plan pursuant to Internal Revenue Code regulations through a third party administrator selected by the City. Future changes in the Internal Revenue Code regulations may change the tax status of this plan and the City shall not be liable for such changes. Contribution to the Plan shall occur according to the following provisions: A. Employees who have completed two or more years of service and leave in good standing shall direct their eligible sick leave compensation to the Plan. Eligible sick leave shall be computed based on years of completed service, less elected annual contributions, computed according to the table in Appendix B, at a conversion rate of two for one (50%). Employees who had accumulated 960 or more hours of sick leave as of January 1, 2005 are not subject to the computation table in Appendix B. Rather, any such employee shall direct sixty-five percent (65%) of their remaining sick leave compensation to the Plan. B. Upon separation from employment with the City, employees who have completed twenty (20) or more years of service and leave in good standing will contribute 100% of their compensation for accrued vacation and compensatory time to the Plan. C. Employees will contribute a percentage of their annual pay on a pre-tax basis to the plan as follows: 12 1. Class 2-9 25-29 will contribute 3% �k of salary. 2. Class 30-34 will contribute 3% of salary. 3. Class 39 35-39 will contribute 3% 2% of salary. 4. Class 40-44 will contribute 3% of salary. 5. Class 49 45-49 will contribute 3% 2-% of salary. 6. Class 50-54 will contribute 2% of salary. 7. Class 69 55-59 will contribute 5% of salary. 8. Class 60-64 will contribute 3% of salary. 9. Class 6e 65-69 will contribute 5% 4-°k of salary. 10. Class 70-74 will contribute 1 % of salary. 11. Class 7-9 75-79 will contribute 1 % of salary. Class is determined by the following formula: Employee age plus completed years of service with the City. ARTICLE 24 - HOLIDAYS 24.1 Beginning January 1, 2009, all employees shall receive the following holidays: New Year's Day, Martin Luther King Day, President's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, Christmas Day and New Years Eve. Employees assigned to work on these holidays shall receive an extra one-half hour of pay for any hours worked. 24.2 For employees who work Monday through Friday schedules, if a holiday falls on a Saturday, the preceding Friday shall be considered the holiday. If a holiday falls on a Sunday, the following Monday shall be considered the holiday. 24.3 Beginning January 1, 2009, holiday hours shall be calculated based on an eight (8) hour day. ARTICLE 25 - CAFETERIA PLAN The EMPLOYER will evaluate, and if feasible within federal and state laws and Internal Revenue Service regulations, implement a Cafeteria Plan benefit program. ARTICLE 26 - INJURY ON DUTY Employees injured during the performance of their duties for the EMPLOYER and thereby rendered unable to work for the EMPLOYER will be paid the difference between the employee's regular pay and Worker's Compensation insurance payments for a period not to exceed ninety (90) working days per injury, not charged to the employee's vacation, sick leave or other accumulated paid benefits, after a three (3) working day initial waiting period per injury. The three (3) working day waiting period shall be 13 charged to the employee's sick leave account less Worker's Compensation insurance payments. Employees drawing Worker's Compensation benefits will not receive supplementary IOD pay or sick leave pay which provides for more after-tax take-home pay than the employee made while working. A regular employee who meets the other requirements of this section and who receives worker's compensation payments shall be granted accrued sick leave pay in the amount of the difference between worker's compensation payments and the employee's net salary. ARTICLE 27 - LONGEVITY PAY AND EDUCATIONAL lNGEnlTPJ- Employees hired—afteF danuaFy 1, 1984 shall Ret h�ible to er-n-eiHfGe€dtFsati9flal Innontiye Dari under this ARTICLE, 27.1 After four (4) years of continuous employment each employee shall eheese to be paid supplementary pay of three percent (3%) of the employee's base rate of s pplomontaFy nasi based on ed Gational nredit as outlined in 27.6 of this ARTICLE. 27.2 After eight (8) years of continuous employment each employee shall ^hocrreesete be paid supplementary pay of five percent (5%) of the employee's base rate supplernentaFy pay based en edUGathenal GFedits as outlined in 27.6 ef this ARTICLE. 27.3 After twelve (12) years of continuous employment each employee shall Ghoose to be paid supplementary pay of seven percent (7%) of the employee's base rate of SUPPIeMeRtaFy-pay based on ed6lEat+skiedter-a-s Gutlined- R 27-6 a his ARTICLE. 27.4 After sixteen (16) years of continuous employment each employee shall eheese #a be paid supplementary pay of nine percent (9%) of the employee's base rate or supplerneRtaFy pay based on edUGatieRal GFedits as eutlined On 27.6 of this ARTICLE. r-crc-rT��. •�M 001,01.04 14 ARTICLE 28 - WAIVER 28.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent consistent with the provisions of this AGREEMENT, are hereby superseded. 28.2 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 UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of this 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 of the parties at the time this contract was negotiated or executed. ARTICLE 29 - POST LICENSES The EMPLOYER will pay the cost of maintaining POST licensure. ARTICLE 30 - DURATION This AGREEMENT shall be effective as of January 1, 2011 2010 and shall remain in full force and effect until December 31, 2013 2010. In witness whereof, the parties hereto have executed this AGREEMENT on this day of 2012 241-0. 15 ARTICLE 31 - WAGES The EMPLOYER will compensate employees based upon wages established in Appendix A. FOR THE CITY OF MOUNDS VIEW: FOR L.E.L.S 16 APPENDIX A Employees shall receive the following base wages: Wage Rate €ffer.tiye january 1, 2$4-8 2011 2012 2013 Starting Wage (65% of Top Patrol Rate) $3,587.47 After 6 months of continuous service $3,863.43 (70% of Top Patrol Rate) After 12 months of continuous service $4,415.34 (80% of Top Patrol Rate) After 24 months of continuous service $4,967.26 (90% of Top Patrol Rate) After 36 months of continuous service $5,519.18 (100% of Top Patrol Rate) 3641.28 $3695.90 3921.38 $3980.20 4481.58 $4548.80 5041.77 $5117.40 5601.97 $5686.00 Employees classified or assigned by the EMPLOYER as Investigator will receive two hundred and eighty five ($285.00) per month during the term of this AGREEMENT fer 2910. Employees classified or assigned by the EMPLOYER as School Resource Officer or DARE Officer will receive one hundred and six ($106.00) per month during the term of this AGREEMENT for 201 Q. Officers so assigned and trained as Field Training Officers shall receive a stipend of $154.50 per month during the term of this AGREEMENT feF 22010 during the period when actively assigned a trainee for training (or prorated for periods of less than one full month), in addition to their regular wage. Employees classified or assigned by the EMPLOYER as K-9 Handler will receive two hundred dollars ($200) per month in supplemental pay plus one (1) paid day off per month during the term of this AGREEMENT. 17 FAUU:l Maximum Sick Leave Hours Eligible for Employee's Retirement Health Savings Plan Completed Years of Service Annual Accrual Max Annual Hours Eligible for Plan Max Cumulative Hours Eligible for Plan* Rate of Transfer = 50% 1 96 not eligible) not eligible) not eligible) 2 96 96 192 81 3 96 96 288 144 4 96 96 384 192 5 96 96 480 240 6 96 96 576 288 7 96 96 672 336 8 96 96 768 384 9 96 96 864 432 10 96 96 960 480 11 96 20 980 490 12 96 20 1000 500 13 96 20 1020 510 14 96 20 1040 520 15 96 20 1060 530 16 96 20 1080 540 17 96 20 1100 550 18 96 20 1120 560 19 96 20 1140 570 20 96 20 1160 580 21 96 20 1180 590 22 96 20 1200 600 23 96 20 1220 610 24 96 20 1240 620 25 96 20 1260 630 26 96 20 1280 640 27 96 20 1300 650 28 96 20 1320 660 29 96 20 1340 670 30 96 20 1360 680 31 96 20 1380 690 32 96 20 1400 700 33 1 96 1 20 1420 710 34 96 20 1440 720 35 96 20 1460 730 * Hours directed to the Plan on an annual basis shall be deducted from the maximum cumulative eligible for purposes of Plan contribution upon separation. Sick leave balances in excess of the Eligible Hours as noted herein are not available for reimbursement, payout or deposit into the plan or as severance in any form. 18