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HomeMy WebLinkAboutResolution 8706 RESOLUTION 8706 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A THREE YEAR LABOR AGREEMENT WITH LELS LOCAL 232 EFFECTIVE JANUARY 1, 2017, THROUGH DECEMBER 31, 2019 WHEREAS, the previously approved Labor Agreement with the LELS Local 232 (Sergeants) expired at the end of 2016; and WHEREAS,the City and LELS Local 232 held a series of negotiating sessions in an effort to ratify a new agreement; and WHEREAS, The City and LELS Local 232 reviewed and agreed to certain revisions to the Labor Agreement as shown in the attached Exhibit A. NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Mounds View does hereby approve a revised three year Labor Agreement with Law Enforcement Labor Services (LELS) Local 232 (Sergeants) effective January 1, 2017, through December 31, 2019. Adopted this 13th day of February, 2017. 4Uee Carol A Mueller, Mayor ATTEST: w / '/v J�r es Ericson, City Administrator (seal) 1 S 1 T r`/f\> LABOR AGREEMENT BETWEEN CITY OF MOUNDS VIEW AND / MINNESQTA to cJ y LAW ENFORCEMENT LABOR SERVICES, INC. (Local 232) January 1, 2017 2014 to December 31, 2019 2046 TABLE OF CONTENTS ARTICLE 1: PURPOSE OF THIS AGREEMENT 1 ARTICLE 2: RECOGNITION 1 ARTICLE 3: DEFINITIONS 1 ARTICLE 4: EMPLOYER SECURITY 2 ARTICLE 5: EMPLOYER AUTHORITY 2 ARTICLE 6: UNION SECURITY 2 ARTICLE 7: EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 3 ARTICLE 8: SAVINGS CLAUSE 6 ARTICLE 9: PROBATIONARY PERIODS 6 ARTICLE 10: SENIORITY 6 ARTICLE 12: CONSTITUTIONAL PROTECTION 7 z' ARTICLE 13: WORK SCHEDULES 7 ARTICLE 14: OVERTIME 8 ARTICLE 15: COURT DUTY 8 ARTICLE 16: WORKING OUT OF CLASSIFICATION 9 ARTICLE 17: INSURANCE 9 ARTICLE 18: UNIFORMS 9 ARTICLE 19: VACATION 9 ARTICLE 20: SICK LEAVE 10 ARTICLE 21: SEVERANCE PAY 11 ARTICLE 23: HOLIDAYS 12 ARTICLE 24: INJURY ON DUTY 12 ARTICLE 25: WAIVER 12 ARTICLE 26: POST LICENSES 13 ARTICLE 27: DURATION 13 APPENDIX A: WAGES 14 APPENDIX B: MAXIMUM SICK LEAVE HOURS ELIGIBLE FOR EMPLOYEE'S RETIREMENT HEALTH SAVINGS PLAN 15 1 i 1 i ARTICLE 1: PURPOSE OF THIS AGREEMENT 1 This AGREEMENT is entered into between the CITY OF MOUNDS VIEW, hereinafter called the EMPLOYER, and the LAW ENFORCEMENT LABOR SERVICES, INC. (LOCAL NO. t E 232), hereinafter called the UNION. 1 r It is the intent and purpose of this AGREEMENT to: 1 1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT'S 1 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. 1 i 1 2 ARTICLE 2: RECOGNITION g 1 2.1 The EMPLOYER recognizes the UNION as the exclusive representative under i 1 Minnesota Statutes, Section 179A.12, Subdivision 8, for all police personnel in the 1 following job classification: k fi i Sergeants 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. : I ARTICLE 3: DEFINITIONS 1 3.1 UNION: The Law Enforcement Labor Services,Inc. (Local No. 232). 1 3.2 UNION MEMBER: A member of the Law Enforcement Labor Services,Inc. (Local 1 No.232). 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. a i 3.4 DEPARTMENT: The City of Mounds View Police Department. 3.5 EMPLOYER: The City of Mounds View. q 3.6 CHIEF: The Chief of the Mounds View Police Department. 1 fi B 3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services, Inc. (LELS). 1 3.8 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's SCHEDULED SHIFT. 1 1 1 1 1 : 1 g 1 1 3.9 SCHEDULED A consecutive work period including rest breaks and a lunch break. SHIFT: k 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. r z 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 H employment. i ARTICLE 4: EMPLOYER SECURITY i i The UNION agrees that during the life of this AGREEMENT that the UNION will not cause, 1 encourage,participate in or support any strike, slow-down or other interruption of or interference 1 with the normal functions of the EMPLOYER. I ARTICLE 5: EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all i 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. 1 i 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. I 1 ARTICLE 6: UNION SECURITY 1 M 1 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 i 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 1 alternate and shall inform the EMPLOYER in writing of such designation and changes in 1 the position of Steward and/or alternate. a 1 2 v 1 1 1 1 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 the 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 the 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 1 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 the 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 a 3 1 i i 1 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 I (10) calendar days after the EMPLOYER-designated representative(s) g final answer in Step 1. Any grievance not appealed in writing to Step 2 by I the UNION within ten(10) calendar days shall be considered waived. 1 1 Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the Chief of Police. The Chief of Police shall give the i UNION the EMPLOYER'S Step 2 answer in writing within ten (10) I 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 Chief of Police's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. t k i Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the City Clerk-Administrator. The City Clerk- Administrator 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) 1 g calendar days following the City Clerk-Administrator's final answer to l• Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten(10) calendar days shall be considered waived. 2 Step 3.a. 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. 1 Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the UNION t shall be submitted to arbitration subject to the provisions of the Public 1 Employment Labor Relations Act of 1971, as amended. The selection of 1 an arbitrator shall be made in accordance with the "Rules Governing the 1 Arbitration of Grievances" as established by the Bureau of Mediation ai 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 the 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 1 any other issue not so submitted. r s 4 1 1 a 1 q 1 i 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 bythe EMPLOYER and the UNIONprovided that eachshall be q Y party 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 1 made, providing it pays for the record. If both parties desire a verbatim record of 1 the proceedings,the cost shall be shared equally. t I i 7.6 Waiver 3 I 1 If a grievance is not presented within the time limits set forth above, it shall be I 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 3 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 1 in each step may be extended by mutual written agreement of the EMPLOYER and the UNION in each step. 4 1 1 7.7 Choice of Remedy k 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 other appeal procedure such as Civil Service, Veterans Preference, or other employment laws. If appealed to another appeal procedure the grievance is not subject to the arbitration procedure as provided in Step 4 of Article 7. The aggrieved employee shall l 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. I t 6 The election set for the above shall not apply to claims subject to the jurisdiction of the United States Equal Employment Opportunity Commission. 1 1 P 3 1 5 gggggg 1 i 1 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. At any time during the probationary period a newly hired or rehired employee may be terminated at the sole discretion of the EMPLOYER. 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 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 as a sergeant in the Mounds View Police Department. 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. 6 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: Ig 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 7 13.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 13.3 Employees who attend mandatory meetings, during time periods that fall outside their regularly scheduled shifts, shall receive a minimum of two (2)hours pay. 13.4 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 on-half(1 Y2) times the employees' regular base 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. 1 14.3 Overtime refused by employees will for record purposes under Article 14.2 by considered an unpaid overtime worked. 14.4 For the purposes of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. a 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 sixty(60)hours. 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 four (4)hours pay at one and one-half(1 1/2) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for Court appearances 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 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. 8 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 $1,050 980.00 per month in 2017 29-14 to each full-time permanent employee, for group health, dental, and life a' insurance including dependant coverage. In 2018 241-5 and 2019 2 , the EMPLOYER will contribute a maximum amount per month based on the percent change in health insurance premiums, as follows: If the Health Insurance The Maximum Monthly Premium Increases by: EMPLOYER Contribution will increase by: Less than 1% No Change 1%to5% +$1015 6%to 10% +$2030 11%to 15% +$00 45 Greater than 16% +$40 60 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: UNIFORMS The City shall provide an annual uniform allowance of$760 in 2017, $780 in 2018 and $800 in 2019 $710.00 per year for the duration of this agreement. ARTICLE 19: VACATION 19.1 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. 19.2 Carry Over and Waiver of Vacation Leave: Ten days of vacation plus the amount accrued up to December 31'of the previous year may be carried over into the next year. 9 E t f 1 t t 19.3 Vacation Schedule: l I Vacation will be granted employees according to the following schedule: F I 1 through 5 years 10 days After 5 years through 10 years 15 days r 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 1 19.4 One continuous vacation period shall be selected on the basis of seniority until May 1St of E each calendar year. 19.5 After May 1St vacation shall be awarded on a first come first serve basis. Vacation 1 requests shall be submitted no more than 30 days in advance. Vacation requests can be P submitted more than 30 days in advance with the specific permission of the Chief. In the 1 event any employee group receives additional vacation leave in excess of leave listed in 19.3 this bargaining unit shall receive the same increase. 1 ARTICLE 20: SICK LEAVE I R 20.1 Eligibility: Sick Leave with Pay. Any employee who has been continuously employed for 1 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 of 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. i E 20.2 Accrual and Use. Sick leave may be accumulated to a maximum of 120 days. 20.3 Proof Required. In order to be eligible for sick leave with pay an employee must: I a. Report promptly to the employee's department head no later than 30 minutes before the start of the shift the reason for such absence. 1 b. Keep the department head informed of the employee's condition, if the absence is more than three(3) days duration. c. Submit a medical certificate for any absence exceeding three (3) days if required by the EMPLOYER. I i 10 1 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. e. A regular employee who meets the other requirements of this section and who receives Workers Compensation payments shall be granted accrued sick leave pay in the amount of the difference between Workers Compensation payments and the employee's net salary. 20.4 Other leave may be granted in accordance with the Family and Medical Leave Act (FMLA) as appropriate. ARTICLE 21: SEVERANCE PAY 21.1 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. 21.2 Upon separation from employment with the City, employees with twenty (20) or more years of service and leave in good standing shall direct 100% of any vacation and compensatory time balances to Retirement Health Savings Plan (RHSP), as provided in Article 22. 21.3 Upon separation, all employees shall direct eligible sick leave balances to their RHSP, as provided in Article 22. l ARTICLE 22: RETIREMENT HEALTH SAVINGS PLAN 22.1 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. 5 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 any elected annual contributions, computed according to the table in Appendix B, at a conversion rate of two for one (50%). (Employees who separate with less than two years of completed service are not eligible to be compensated for any accrued sick leave.) 11 B. 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. C. Upon separation from employment with the City, employees with twenty (20) or more years of service and leave in good standing shall direct 100% of any vacation and compensatory time balances to the Plan. Employees with less than twenty (20) years of service and leave in good standing will receive a lump-sum taxable severance compensation for all remaining vacation and compensatory time as provided for in Article 21.1. D. Employees shall contribute a percentage of their annual pay on a pre-tax basis to the plan, as follows: Sergeants will contribute 3 2% of salary. ARTICLE 23: HOLIDAYS All employees shall receive the following holidays: New Years Day, Martin Luther King Day, Presidents Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving and Christmas Day. (The total number of paid holiday hours is equal to one hundred fifteen and one half(115.5) hours annually.) Employees assigned to work on these holidays shall receive an extra one-half hour of pay for any hours worked. ARTICLE 24: 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 charged to the employee's sick leave account less Workers Compensation insurance payments. Employees drawing Workers 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. ARTICLE 25: WAIVER 25.1 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 12 or covered in this AGREEMENT or with respect to any term or condition of employment not specifically referred to or covered in the 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 26: POST LICENSES The EMPLOYER will pay the cost of maintaining POST licensure. ARTICLE 27: DURATION This AGREEMENT shall be effective as of January 1, 2017 2014, and shall remain in full force and effect until December 31, 2019 20-l6. In witness whereof, the parties hereto have executed this AGREEMENT on this day of , 2017 204-4. FOR THE CITY OF MOUNDS VIEW FOR L.E.L.S. 13 APPENDIX A: HOURLY WAGES Effective January 1, 2017 2814. 2014 2945 2016 Step l (Starting) $32.14 $33.11 $33.77 Step 2 (after 6 months) $31.15 $35.18 $35.88 Step 3 (after 12 months) $36.1.6 $37.25 $37.99 Step 1 (after 21 months) $38.17 $39.32 $407-10 Step 5 (after 36 months) $10.18 $41.39 $12.21 2017 2018 2019 Step 1 -80%(Starting) $35.12 $36.09 $37.17 Step 2-85%(after 6 months) $37.32 $38.34 $39.49 Step 3 -90%(after 12 months) $39.51 $40.60 $41.81 Step 4-95%(after 24 months) $41.71 $42.85 $44.14 Step 5- 100% (after 36 months) $43.90 $45.11 $46.46 ° ti (The wages noted above include a market rate adjustment of 1.5% in 2017 1.08%in 201� and 1.00%in ti 2015, in addition to 2%cost of living adjustments(COLA)in each of the three years as follows:) 2017: 2.5% 1 2018: 2.75% 2019: 3.0% a i 14 i 1 I a APPENDIX B: Maximum Sick Leave Hours Eligible for Employee's Retirement Health Savings Plan l t i Completed Years Annual Max Annual Hours Max Cumulative Hours Rate of Transfer of Service Accrual Eligible for Plan Eligible for Plan* =50% i 1 96 (not eligible) (not eligible) (not eligible) 2 96 96 192 81 i 3 96 96 288 144 i 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 1 16 96 20 1080 540 17 96 20 1100 550 18 96 20 1120 560 1 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 t 27 96 20 1300 650 6 28 96 20 1320 660 i 29 96 20 1340 670 V, 1 30 96 20 1360 680 31 96 20 1380 690 f 32 96 20 1400 700 1 33 96 20 1420 710 R 34 96 20 1440 720 35 96 20 1460 730 * Hours directed to the Plan on an annual basis, if such option is utilized, shall be deducted from the g. 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. 1 1 1 1 1 I i t 1 I 15 H E 1 1 g