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HomeMy WebLinkAboutCC RES 90-023 RESOLUTION RATIFYING THE 1990 AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, (AFSCME COUNCIL 14, LOCAL 57,) REPRESENTING THE ST. ANTHONY POLICE DEPARTMENT EMPLOYEES Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 103673 Box: 26 Folder: RES 1990 Document: CC RES 90-023 RESOLUTION RATIFYING THE 1990 AGREEMENT BETWEEN THE CIN OF ST. ANTHONY AND AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, (AFSCME COUNCIL 14, LOCAL 57,) REPRESENTING THE ST. ANTHONY POLICE DEPARTMENT EMPLOYEES CITY OF ST. ANTHONY RESOLUTION 90-023 A RESOLUTION RATIFYING THE 1990 AGREEMENT BETWEEN THE CITY OF ST. ANTHONY AND AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME) COUNCIL 14 , LOCAL 57, REPRESENTING THE ST. ANTHONY POLICE DEPARTMENT EMPLOYEES BE IT RESOLVED, that the 1990 Agreement between AFSCME Council 14 , Local 571 representing the St. Anthony Police Department and the City of St. Anthony is hereby ratified and the Mayor and City Manager are authorized to execute the Agreement on behalf of the City. Adopted this -lb- day of , 1990. Mayor ATTEST: City Cleilk Reviewed for Administration: %2 City Manager AGREEMENT BETWEEN CITY OF ST. ANTHONY AND • AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES COUNCIL 14 , LOCAL 57, REPRESENTING ST. ANTHONY POLICE DEPARTMENT EMPLOYEES INTRODUCTION This AGREEMENT is hereby made and entered into between AFSCME Council 14 , Local 57 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 Depart- ment 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 pay day of each month an amount sufficient to provide the payment of such dues or fair share established by the UNION to be due and payable, and 2 . Remit such deduction to the UNION at the earliest practicable date after collection. • 1 3 . The UNION may designate certain employees from the • bargaining unit to act as Stewards and shall inform the EMPLOYER in writing of such choice. 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 under the provisions of this Article. ARTICLE III SENIORITY New employees shall be on a one (1) year 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 (1) master seniority list per classification established based on the employees original date of hire. ARTICLE IV LAYOFF In the event it becomes necessary to lay off employees for any reason, employees within one classification shall be laid off in the inverse order of their seniority. • 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 three (3) years after first notice of recall, subject to EMPLOYER' S 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 and shall be subject to the grievance procedure. ARTICLE VII PROMOTIONS Promotions are solely at the discretion of the EMPLOYER, subject to the following: • 2 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 examination 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 according to the following schedule: Service Years Vacation Accrued 0 - 5 6-2/3 hours per month 6 - 10 10 hours per month 11 10-2/3 hours per month 12 11-1/3 hours per month • 13 12 hours per month 14 12-2/3 hours per month 15 and up 13-1/3 hours per month Employees may accrue vacation leave up to one and one-half (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 first six (6) months of a 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 schedu- led vacation day. Approval of requests for vacation leave made less than fourteen (14) days prior to the first scheduled vacation date are solely the prerogative of the EMPLOYER based primarily on scheduling requests and secondly, based upon seniority. This policy 3 shall 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 (2) week written notice is given. Employees taking vacation in the amounts of one (1) 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 cir- cumstances 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 Workmen's Compensation payments, may be granted sick leave pay for the amount of difference between the Workmen's Compensa- tion payments and his salary. Sick leave with pay shall be accrued by all permanent probationary employees at the rate of eight (8) hours for each calendar month of • full time employment or major fraction thereof. Sick leave may not be used during the first six (6) months of a probationary period. Sick leave shall be accumulative to a maximum of nine hundred sixty (960) hours. 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 credi- ted to a sick leave bank list which will be kept on file by the EMPLOYER. A committee consisting of the City Manager and two (2) 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 ap- proval of the Committee. In no circumstances shall 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 leave bank shall be discontinued if the City institutes a long term disability program for the members of the department. • 4 ARTICLE XI ATTENDANCE BONUS • If, during any one (1) 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 physician and any "at-home" recovery following the hospitalization, then that employee shall be entitled to an additional eight (8) hours 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 view of feasibility for continuance beyond this AGREEMENT. ARTICLE XII FUNERAL LEAVE In the event of the death of any employee's spouse, children, or parents or spouse's parents, 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 grandparents, brothers and sisters, an employee will be granted one (1) day' s funeral leave with pay. ARTICLE XII 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 arrange- ments. ARTICLE XIV SEVERANCE Employees which are permanently laid off, disabled, resign, or who retire after five (5) years of consecutive service and who are in good standing shall receive eighty (80) hours 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 twelve (12) hours of severance pay for each complete year after twenty (20) years of service to a maximum of two hundred twenty-four (224) hours of severance pay for an employee with twenty- five (25) or more full years of service. The payment for severance shall be made within ninety (90) days of the date of last employment by mutual agreement of the EMPLOYER and employee, unless both agree to some other limitation. • 5 ARTICLE XV HOLIDAYS • All permanent and probationary employees shall observe the following eleven (12) paid holidays each year, in lieu of paid time off: New Years Day Labor Day Martin Luther King Day Columbus Day Presidents Day Veterans Day Good Friday Thanksgiving Day Memorial Day Friday following Thanksgiving Day Independence Day Christmas Day The Special Duty Officer shall either take the above holidays off or may receive an additional eight (8) hours in pay in lieu of the time off, based upon the demands of his or her work schedule and the needs of the EMPLOYER. ARTICLE XIV HOURS OF WORK, WORK SCHEDULES A normal work day for full time employees may be up to ten (10) hours. The normal work week for full time employees shall be an averaged forty (40) hours. 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 an averaged forty (40) hours per week, in excess of a scheduled shift. Overtime for all employees shall be paid as it is earned at the rate of time and one-half (1-1/2) . With the mutual agreement of the EMPLOYER and the employee, overtime shall be compensated at the rate of time and one-half (1-1/2) compensatory time off. Overtime shall be divided on a seniority basis, as equally as possible among all employees on the seniority list. Officers called in for court appearance on days off will receive a minimum of two (2) hours pay at time and one-half (1-1/2) . Officers required to be "on call" for a court appearance on days off will receive a maximum of two (2) hours pay at time and one half (1-1/2) . • 6 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 operation of the department. The UNION shall be allowed to post reasonable and appropriate UNION notices for employees at a convenient place desig- nated by the EMPLOYER. ARTICLE XIX UNION BUSINESS One (1) employee shall be granted leave without pay to attend the State Federation of Labor Convention and the AFSCME International Convention. The EMPLOYER shall attempt, if possible, to arrange the employee's work schedule so that the employee will not lose pay. ARTICLE XX HEALTH AND LIFE INSURANCE The EMPLOYER will contribute Two Hundred Five Dollars ($205. 00) per month towards the total cost of the employee's health and life insurance and any dependent's health insurance costs. If the total cost of the insurance is less than the City contribu- tion, then the City will refund the difference in a one-time, taxable payment on January 30th for the previous year. All addition- al longevity pay in lieu of insurance benefit is hereby terminated. Employees separating during the year will receive paid refund on a pro-rata basis. (The provisions of this paragraph will not apply to any employee hired after December 31, 1988 . Employees hired after that date will not be entitled to such payment in lieu of insurance coverage or pro-rate refunds. ) ARTICLE XXI WAGES A. Top Scale Wages 1/1/90-12/31/90 Police Officer $2, 941. 00 per month B. Wage Step System (for hirees after January 1, 1982) Police Officer Start 75% of Top Scale After one (1) year 85% of Top Scale After two (2) years 95% of Top Scale After three (3) years 100% (Top Scale) • 7 ARTICLE XXII LONGEVITY • Employees with the required service credit shall receive longevity pay according to the following: Five 5 ears but less than ten (10) $100 month Ten (10) years but less than fifteen (15) $150/month Fifteen (15) years or more $200/month ARTICLE XXIII SCHOOLS AND TRAINING SESSIONS All employees shall be required to attend such schools or training sessions as may be required by EMPLOYER. Attendance at sessions scheduled while officers are off duty shall be voluntary for those officers. Compensation for such attendance is considered included in the approved salary schedule unless EMPLOYER is reimbursed from an outside source. It shall be the policy of the City of St. Anthony to maintain a College Incentive Program according to the following provisions for employees hired prior to February 1, 1986. 1. In order to qualify for the program, earned college credits be graded "C" or better or pass in a pass, no pass grading • system and must be certified to and approved by the EMPLOYER. 2 . This program shall be based upon the quarter credits system as practiced at the University of Minnesota. Courses based on any other credit system shall be converted to the quarter credit system by the EMPLOYER. 3 . The College Incentive Compensation, in addition to base salary, shall be paid at the rate of forty cents ($. 40) per approved credit per month, up to a maximum of one hundred thirty-five (135) quarter credits. A four (4) year degree, consisting of one hundred eighty (180) or more quarter credits shall be compensated, in addition to base salary, at the rate of eighty (180) or more quarter credits shall be compensated, in addition to base salary, at the rate of eighty dollars ($80. 00) per month. 4 . Candidates for College Incentive Compensation must have completed twelve (12) months consecutive service with the St. Anthony Police Department. 5. College Incentive Compensation for the first one hundred thirty-five (135) quarter credits shall be computed January 15th and July 15th. • 8 6. College Incentive Compensation shall be considered in • computing 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 In- centive 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 (6) 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 from the above. 9. Credits on courses taken that may not be accredited courses may be used if approved by the EMPLOYER for maintaining one's compensation level. 10. Employees covered under this program are grandfathered at current rates unless application of the provisions of Subd. 8 of this Article would cause those monthly amounts to • decrease, in which case such benefits will be accordingly reduced. 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 Stan- dards and Training Act (P.O.S.T. ) . The EMPLOYER is to make every effort possible to provide the necessary P.O. S.T. certified training required under the current law during the course of duty time. In the event that it 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 time and one-half, effective from the date the agreement is signed. ARTICLE XXV GRIEVANCE PROCEDURE 1. This grievance procedure is established for the purpose of resolving disputes involving the interpretation or application of this AGREEMENT. • 9 • 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 interpretation 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 represen- tative 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 representative 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 3 within ten (10) calendar days following the EMPLOYER-designated representa- tive' 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 following the EMPLOYER-designated representa- tive's final Step 3 answer. Any grievance not referred in writing by the employee within ten (10) days shall be con- sidered waived. Step 4 . Unresolved grievances are subject to the arbitration provisions of Minnesota Statutes, Section 179 .70. The ar- bitrator 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 10 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 in any way the application for laws, rules or regulations having the force and effect of the law. The arbitrator shall submit his decision in writing within thirty (30) days following the close of the hear- ing or the submission of briefs by the parties, whichever is later unless the parties agree to an extension. The decis- ion shall be based solely upon the arbitrator's interpretation or application of the express terms of this AGREEMENT 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 The EMPLOYER shall supply at no cost to the employees, all required uniform items and reasonable replacements. 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 regula- tions 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. • 11 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 voiced. 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, 1990, and shall remain in full force and effect until the thirty-first day of December, 1990 . IN WITNESS. WHEREOF, the parties hereto have executed this AGREEMENT on • this �(c�� day of ,`r 19 `J c Articles in the contract may be rewritten by mutual agreement of the parties. If no agreement is reached, all articles will remain as is. CITY OF ST. ANTHONY FOR AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, AFSCME COUNCIL 14 , LOCAL 57 ' Its Mayor Its City Manager • 12