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HomeMy WebLinkAboutRES 80-037 RESOLUTION RATIFYING THE AGREEMENT BETWEEN THE CITY AND A.F.S.C.M.E. LOCAL NO 57, REPRESENTING THE ST. ANTHONY POLICE DEPARTMENT Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 102762 Box: 23 Folder: RES 1980 Document: RES 80-037 RESOLUTION RATIFYING THE AGREEMENT BETWEEN THE CIN AND A.F.S.C.M.E. LOCAL NO 57, REPRESENTING THE ST. ANTHONY POLICE DEPARTMENT RESOLUTION 80-037 A RESOLUTION RATIFYING THE AGREEMENT BETWEEN THE CITY AND A.F.S.C.M.E. LOCAL NO. 57 , REPRESENTING THE ST. ANTHONY POLICE DEPARTMENT Whereas, the City is obligated under the Public Employment Labor Relations Act, to negotiate with labor representatives as to the terms and conditions of employment. Whereas, an agreement has, been reached with A.F.S.C.M.E. Local No. 57,- representing the St. Anthony Police Dpartment (attachment "A" of this Resolution) . Now, Therefore, Be It Resolved that the Mayor and .City Manager are authorized to execute said Agreement on behalf of the City. Adopted this 4LA day of d , 1980 . Mayor ATTEST: Clerk Review for Administration: Ci Manager I'All AGREEMENT BETWEEN CITY OF ST. ANTHONY AND AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES LOCAL. 57, REPRESENTING ST. ANTHONY POLICE DEPARTMENT EMPLOYEES INTRODUCTION This agreement .is hereby made and entered into between the Hennepin County Rural Police, Local 57, AFSC & ME, AFL-CIO, hereinafter referred to as the UNION and the City of St. Anthony, a municipal corporation, hereinafter referred to as the EMPLOYER. The intent and purpose of this AGREEMENT is to: 1. Establish certain hours, wages and other- conditions of employment; 2 . Establish procedures for the resolution of disputes concern- ing this AGREEMENT'S interpretation and/or application; 3 . Specify the full and complete understanding of the parties; and 4 . Place in written form the parties ' agreement upon terms and conditions of employment for the duration of the AGREEMENT. The EMPLOYER. and the UNION, through this AGREEMENT, continue their dedication to the highest quality of public service. ARTICLE I =- RECOGNITION The EMPLOYER recognizes the UNION as the exclusive representative in matters involving conditions of ,employment of the employees of the City of St. Anthony who are .employed .in the St. Anthony Police Department- and as such, the UNION: is authorized to enter into this agreement for and on behalf of the employees it so represents. • ARTICLE II -- UNION SECURITY In recognition of the UNION as the exclusive representative, the EMPLOYER shall: 1. Deduct the first payday of each month an amount sufficient to provide the payment of such dues established by the UNION to be due and payable, and 2. Remit such deduction to the UNION at the earliest practicable date after collection. 3. The UNION may designate certain employees from the bargain- ing unit to act as stewards and shall inform- the EMPLOYER in writing of such choice. ARTICLE III -- SENIORITY New employees shall be on a six months probationary period. Annually, the EMPLOYER shall furnish to the UNION a .seniority list of the employees, . showing their respective dates of hire. There. shall be one masterseniority list per classification established based on the employees original date of hire. ARTICLE IV -- LAYOFF In the event it becomes necessary to layoff employees for any reason, employees within one classification shall be laid off, in the inverse order of their seniority. All part time and temporary employees shall be laid off before any full time permanent employee. ARTICLE V -- RECALL Employees shall be recalled from layoff according to their seniority in their classification.. No new employees shall be hired until all employees on layoff status desiring to return to work have been recalled. The employee's option to return to work shall be limited to five years after first notice of recall, subject to EMPLOYER determination of competence. ARTICLE VI - DISCIPLINE AND DISCHARGE In the event of discharge, the employee or his representative shall commence any grievance or complaint at step three of the grievance procedure. Disciplinary action shall be for just cause, shall be uniformly applied and shall be subject to the grievance procedure. ARTICLE .VII - PROMOTIONS Promotions are solely at the discretion of the EMPLOYER, subject to the following:. 1. There shall be a posting of a job vacancy in the unit for at least ten (10) days before the official closing of applications. 2. The City shall require such written, oral, performance, psychological and other examinations or evaluations as deemed necessary to fill the position. The date (s) of such examinations and their respective weight in determining selection shall be communicated to all candidates before the first examination. 3 . A written notification of promotion and salary shall be given to the person selected. • .' ARTICLE VIII -- VACATION Each permanent or probationary full time .employee shall accrue paid vacation leave at the rate of five-sixth's (5/6) day for each month of service per year during the first five (5) years of employment. During the sixth (6) year-.through the tenth (10) year, a total of fifteen (15) days vacation leave shall be granted; during the eleventh (11) through the fifteenth (15) year one (1) additional day of vacation leave shall be granted per year until an employee reaches twenty (20) days vacation. During the fifteenth (15) year and thereafter, a totalof twenty (,20)- days vacation leave shall be granted. Employees may accrue vacation leave to 1-1/2 times that allowed yearly. Any vacation accrued in excess- must be taken after thirty • (30) days ' written notice, or will be forfeited, unless approval is given by the EMPLOYER. No -vacation leave. shall be granted during the initial probationary period, but if an employee satisfactorily completes the probationary period, vacation leave accrued during the initial probationary period will be granted. Vacation leave may be used .as earned, except the dates of the vacation leave request are subject to the approval of the EMPLOYER based upon scheduling requirements and the seniority of the requesting employee. To aid the EMPLOYER in effectively and efficiently scheduling for vacation fill in and to aid any employee being requested to fill in • a shift, employees must give formal written notice of their intent to take a vacation at least fourteen (14) -days prior - to the first scheduled vacation day. Approval of requests for vacation leave made less than fourteen (:14) days prior to the first scheduled vacation date are solely the preogative. of the EMPLOYER based primarily on scheduling requests and secondly, based upon seniority. This policy will be waived for medical emergencies, funeral leave not covered by this contract, or unanticipated emergencies. If the employee splits his vacation time., he or she shall be given preference on the basis of seniority for. only the first request of time. Accrued but unused vacation leave shall be paid -to employees upon termination of employment, providing at least two week written notice is given. Employees taking vacation in the amounts of one . week or more shall receive vacation pay in advance if a pay day falls during the vacation period. ARTICLE IX. -- SICK LEAVE Sick leave shall be granted when necessary for personal illness, injury or legal quarantine. The EMPLOYER may under reasonable circumstances require a doctor's certificate showing the nature and extent of any injury or illness. A permanent employee who meets the other requirements of this Article, who is receiving. Workman's 'Compensation payments, may be granted sick leave pay for the amount of the difference between the Workman' s Compensation payments and his salary. • Sick leave with pay shall be accrued by all permanent and probationary employees at the rate .of one (1) day. for each. calendar month of full time employment or major fraction.- thereof. Sick- leave may not be used during the initial probationary period. Sick leave shall be accumulative to a maximum of one hundred. twenty (120) days. ARTICLE X -- SICK LEAVE BANK After any member of the department accrues. sick leave to the maximum allowed, all sick leave over the maximum will be tabulated and credited to a sick leave bank list which will be kept on file by the EMPLOYER. A .committee consisting of the City Manager and two members of the department shall be created and before any member of the department can use- any of the sick leave from. the bank, he must have the approval of the committee. In no circumstancesshall anyone be allowed to use from the bank until their accrued sick leave has been used. The Committee shall have the authority to approve or deny use of the banked sick leave and to specify how many days may be used by the requesting officer. The sick leavebank shall. be discontinued if the City institutes a long term disability program for the members of . the department. ARTICLE XI - ATTENDANCE BONUS If, during any one calendar year (1/1 - 12/31) of a given year, an • employee does not use any sick leave, other than sick leave taken due to hospitalization on, an "in-patient" basis under the care of a It 1 physician and. any "at-home" recovery following that hospitilali- zation, then that employee shall be entitled to one (1) additional day of vacation time, over and above_ regularly earned vacation time, to be taken during the following year. This benefit is experimental and subject to EMPLOYER review of feasibility for continuance beyond this contract. ARTICLE. XII -- FUNERAL LEAVE In the event of the death of any employee's spouse or- children, the employee will be granted three (3) - days of funeral leave with pay. In the event of the death of an employee 's or his spouse ' s parents, grandparents, brothers and sisters, an employee will be granted one (1) day' s funeral leave with pay. • ARTICLE XIII -- LEAVE OF ABSENCE Employees subpoenaed as witnesses, or called and selected for jury duty shall receive their regular compensation. less jury pay. Mileage allowance not to be considered as jury pay. Whenever any employee is delegated to attend conventions of labor which require his absence from _work., the EMPLOYER agrees that such absence shall be allowed, provided there is not substantial work interference, and the EMPLOYER is. able to make satisfactory arrangements. ARTICLE. XIV -- SEVERANCE • Employees which are -permanently laid off, disabled, resign, or who retire after five (5) years of consecutive service and who ate in good �• standing shall receive ten (10) days of severance pay. After fifteen (15) years of service, the employee shall receive. fifteen (15) days of severance pay plus one additional day of severance pay for each full year of service from sixteen (16) years of service to twenty (20) full years of service. After twenty (20) . years of service, employees shall receive one and one-half (1-1/2) days of severance pay for each complete year after twenty (20) years- of service to a maximum of a full twenty-eight (28) days of severance pay for an employee with twenty-five (25) or more full years of service. The payment for severance . shall. be made within 90 days of the date of last employment by mutual. agreement of the .EMPLOYER and employee, unless both agree to some other limitation. ARTICLE XV -- HOLIDAYS All permanent and probationary employees shall observe the following eleven (.11) paid holidays each year, in lieu of paid time off: New Years Day Labor Day Presidents Day Columbus Day Good Friday Veterans Day Memorial Day Thanksgiving Day .Independence Day Friday following Thanksgiving Day Christmas Day The Special Duty Officer shall either take the above .holidays off or may receive an additional eight (8) hours pay inlieu of the time off, based upon the demands of his or her- work schedule and the needs of the EMPLOYER. ARTICLE XVI -- HOURS OF WORK., WORK SCHEDULES A normal. work day for an employee shall be eight (8) hours. The normal work week shall be forty (40) hours. y . The average work month for employees for the purpose of 'computing .vacations, sick leave and fractions of a month's work shall be one hundred seventy-three (173) hours . All employees will be allowed. two work relief periods a shift not to exceed fifteen (15) minutes each. ARTICLE XVII -- OVERTIME Overtime is defined as all hours worked in excess of forty (4.0) hours per week, or eight (8) hours per day. Overtime for all employees shall be paid as it is earned at the rate of time and one-half (1-1/2) . Overtime shall be divided on a seniority basis, as equally as possible among all employees on the seniority list. ARTICLE XVIII -- UNION VISITATIONS AND NOTICES A duly authorized representative of the UNION will be permitted to visit the premises of the EMPLOYER at reasonable times for the purpose of transacting legitimate business of the UNION, provided there will be no undue and unreasonable interference with the opera- tion of the department.. The UNION. shall be allowed to post reasonable and appropriate UNION notices for employees at a convenient place designated by the EMPLOYER. ARTICLE XIX -- UNION BUSINESS • One employee shall be granted leave without pay to attend the State Federation of Labor convention and the AFSE. and ME International Convention. The EMPLOYER shall attempt, if possible, to arrange the employee' s work schedule so that- the employee willnot lose pay. ARTICLE XX. -- HEALTH AND. LIFE INSURANCE The EMPLOYER .will .contribute monthly the following amounts towards the total cost -of the employee' s healthand life insurance and any dependent' s health. insurance costs: CITY. CONTRIBUTIONS 1980 .. 1981 Richard Engstrom $105..00 $115 .00 William Ferguson 110 .00, 120.00 Allan Hawkinson 120 .00 130.00 John MacQueen 90.00 100. 00 Arvid Protelsch 105.00 115 .00 Richard Puffer 125 .00 135. 00 Richard Schwalbach 115 .00. 125 . 00 • Joseph Sturdevant, Jr. 105 .00 115 .00 John Thoemke 70.00 80 .00 Jeffrey Luther 60. 00 . 70 .00 If the total cost of the insurance is less than the City contribution, then the City will refund .the difference. in a one-time, taxable pay- ment on January 30th for- the previous year. To be eligible for such reimbursement of the surplus, the employee must have been on the City payroll on December 31st. All additional longevity pay in lieu of insurance benefit is hereby terminated. ARTICLE XXI -- WAGES A. Top Scale Wages 1/1/80 7/1/80 1/1/81 Police Officer $1,775/mo. $1,800/mo. $1,953/mo. .plus wage reopener if Mpls.-St. Paul C.P.I. (urban wage earners and .clerical workers) Nov.1979-Nov.1980 is above 8.50 . • 1/1/80 7/1/80 1/1/81 Sergeant/S.D.O. $1,875/mo. $1,900/mo. $2 ,053/mo. plus same reopener as police officer. B. Wage Step System (For hires after May 1, 1980) Police Officer Start 80% of top scale After 6 mo. 85% of top scale After 1 year 90% of top scale After 2 years 95% of top scale After 3 years 100% (top scale) Mr. Luther will continue under the wage step system of the 1978-79 Agreement. Sergeant/Special Duty Officer . Start $25/mo. less than top scale After 1 year 100% (.top scale'.,,,-of above) ARTICLE XXII -- SHIFT DIFFERENTIAL In addition, employees working the second shift from 3 : 30 P.M. to 7: 30 A.M. or any hours within the above span of time shall receive additional compensation at the rate of 15 cents per hour. ARTICLE XXIII -- SCHOOLS AND TRAINING SESSIONS All employees shall be required to attend such schools or training sessions asmay be required. by. the EMPLOYER. Attendance at sessions scheduled while officers are off duty shall be voluntary for those officers. Compensation for such attendance is considered included • in the approved salary schedule unless EMPLOYER is reimbursed from an outside source. It shall be the policy of the City of St.. Anthony to maintain a College Incentive Program according to the following provisions: 1. In order to qualify for the program, earned college credits must be graded "C" or better or pass in a pass, no pass grading system and must be certified to and approved by the EMPLOYER. 2. The program shall be based upon the quarter credits system as practiced. at the University of Minnesota. Courses based on any other credit system shall be converted to the quarter credit - system by the EMPLOYER. 3. The College Incentive Compensation, in addition to base salary, shall be paid at the rate of 40 cents per approved quarter credit per month, up to a. maximum of 135- quarter credits. A 4 year degree, consisting of 180 ' or more quarter credits shall be • compensated, in addition to base .salary, at the rate of $80 .00 per month. 4. Candidates for College Incentive Compensation must have completed 12 months consecutive service with the St. Anthony Police Department. 5. College Incentive Compensation for the first 135. quarter credits shall be computed January 15th and July 15th. 6. College Incentive. Compensation shall be considered in computing pay rates for overtime. 7. The operation of the College Incentive Program and creation of any necessary regulations related thereto shall .be administered by the City Manager with the approval of the City Council. 8. In order for an employee to continue to receive College Incentive Compensation, six (6) credit hours of training outside of normal departmental. training must be acquired each two (2) years. For each two (2) year period that an employee doesn't meet this requirement he shall have six credits dropped from his approved schedule until such time as he completes the required work or all credits are removed from his approved list. . Individuals who achieve AA degree in Law Enforcement or a four year degree will be exempt fromthe above. 9. Credits on. courses taken that may not be accredited courses may be used if approved by the EMPLOYER for maintaining one ' s com- pensation level. ARTICLE XXIV . - P.O.S.T. BOARD REQUIREMENTS The employee is responsible for the payment of any necessary license fees and application for= such license under the Peace Officer Standards and Training Act (P.O.S.T. ) . The EMPLOYER is to make every effort possible to provide the necessary P.O.S.T. certifiedtraining_req.uired under the current law during the course of duty time. In the event that is not possible to provide necessary P.O.S.T. certified. training during duty time, the employees will be reimbursed in the form .of compensatory time off for off duty training hours at the rate of straight time. , ARTICLE XXV -- GRIEVANCE PROCEDURE 1. This grievance procedure is established for the purpose of resolving disputes involving the interpretation or application of this AGREEMENT. • 2. The EMPLOYER will recognize stewards selected by the UNION as the grievance representatives of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the stewards and of their successors when so named. 3. A_ grievance is defined as a dispute over the interpretation or application of this AGREEMENT. 4. Grievances shall .be resolved in the following manner: Step 1. An employee claiming a violation.- concerning the inter- pretation or application of . this AGREEMENT shall within twenty-one (21) calendar days after such alleged violation present such grievance to the employee' s immediate supervisor designated by the EMPLOYER. The EMPLOYER-designated representative will give a final answer • to Step 1 grievance within ten (10) calendar days. If a grievance is not resolved in Step 1, such grievance shall be placed in writing -and referred- to Step 2 within ten (10) calendar days after the EMPLOYER's final answer in Step 1. Any grievance not referred -in writing by the employee within ten (10) calendar days shall be considered waived. Step 2. The written grievance shall be presented personally to the employee's department head or other EMPLOYER-designated representative. A copy- will be sent by registered mail, return requested to the City Manager. The EMPLOYER-designated representa- tive shall give the- employee the EMPLOYER's Step 2 answer within . ten (10) calendar days after receipt of such Step 2 grievance. If a grievance is not resolved in Step 2 , such grievance shall be referred to Step 2 within. ten (10.) calendar days following the EMPLOYER-designated representative ' s final Step 2 answer. Any grievance not referred in writing by the employee within ten (10) calendar days shall be considered waived. Step 3. The written grievance shall be presented personally to the EMPLOYER-designated representative (.City Manager) . The EMPLOYER-designated representative shall give the EMPLOYER's answer within ten. (10). calendar days- after receipt of such Step 3 grievance. If. a grievance is not resolved in Step 3 , such grievance shall be referred to Step 4 within ten (10) calendar days follow- ing the EMPLOYER-designated representative 's final Step 3 answer. Any grievance not referred in writing by the employee within ten (10) days shall be considered waived. Step 4. Unresolved grievances are subject to the arbitration provisions. of_ Minnesota Statutes , Section 179 .70 . The arbitrator shall not have the right to amend, modify, nullify, ignore, add to, or subtract from the. provisions of this AGREEMENT. He shall consider and decide .only the specific. issue submitted to him in writing by the. EMPLOYER. .and. .the UNION and shall have no authority to make decision on any other issue not. so submitted to him. The arbitrator shall be without. power to make decisions contrary to or inconsistent with or modifying or varying inany way the application for laws, rules. or regulationshaving the force and • effect of law. The arbitrator shall submit his decision in � writing within thirty C30) days . following the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to- an extension. The decision shall be based solely upon- the arbitrator' s inter- pretation or application .of the express terms -of this AGREEMENT and on the facts of the grievance presented. All documents, communications and -records dealing .with- a grievance shall be filed separately from the personnel files of the involved employee [s) . The time limits established- in this ARTICLE may be extended or modified. by mutual- consent of the EMPLOYER and the UNION and shall be in writing. Employees shall be. allowed- reasonable time to process grievances during working hours without loss of pay. ARTICLE XXVI -- RIGHT OF SUB-CONTRACT Nothing in this AGREEMENT, shall prohibit or restrict the right of the EMPLOYER from sub-contracting work performed by employees covered by this AGREEMENT. ARTICLE XXVII. -- CLOTHING ALLOWANCE All employees will be granted a $235. 00 clothing allowance for 1980, $245. 00 for 1981. It shall. be payable. in cash: 1/2 January 15th • and 1/2 July 15th. ARTICLE XXVIII -- EMPLOYER AUTHORITY The UNION recognizes the prerogative. of the EMPLOYER- to operate and manage its affairs in all respects- in accordance with existing and future laws and regulations of appropriate authorities including municipalities personnel policies and work. rules. Rules and regulations shall be reasonable. and consistent with this AGREEMENT and applied uniformly and without discrimination. The prerogatives and authority which the EMPLOYER has not officially abridged, delegated, or modified by this AGREEMENT are retained by the EMPLOYER. ARTICLE XXIX -- NON-DISCRIMINATION CLAUSE The provisions of the AGREEMENT shall be applied equally and without discrimination by the EMPLOYER and the UNION. to all employees regard- less of race, color;. creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age. ARTICLE XXX -- SAVINGS CLAUSE 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 provision shall be voided. All other provisions shall continue in full force and effect. The voiced provision shall be renegotiated at the request of either party. ARTICLE XXXI -- DURATION This AGREEMENT shall be effective as of the first day of January, • 1980, and shall remain in full force and effect until the thirty.- first hirty-first day of December, 1981. In witness whereof, the parties hereto have executed this AGREEMENT on this In-A day of 1980 . Articles in the contract maybe - rewritten by mutual agreement of the . parties. If no agreement is reached, all articles will remain as is . CITY OF ST. ANTHONY • m ' FOR AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL, EMPLOYEES LOCAL 57 AFSGnE