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HomeMy WebLinkAboutCC RES 01-087 A RESOLUTION RATIFYING THE 2002 - 2003 AGREEMENT BETWEEN THE LAW ENFORCEMENT LABOR SERVICES, INC., REPRESENTING THE ST. ANTHONY POLICE DEPARTMENT LICENSED EMPLOYEES Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 104756 Box: 31 Folder: RES 2001 Document: CC RES 01-087 A RESOLUTION RATIFYING THE 2002 - 2003 AGREEMENT BETWEEN THE LAW ENFORCEMENT LABOR SERVICES, INC., REPRESENTING THE ST. ANTHONY POLICE DEPARTMENT LICENSED EMPLOYEES � Y CITY OF ST. ANTHONY RESOLUTION 01- 087 A RESOLUTION RATIFYING THE 2002-2003 AGREEMENT BETWEEN THE LAW ENFORCEMENT LABOR SERVICES, INC., REPRESENTING THE ST. ANTHONY POLICE DEPARTMENT LICENSED EMPLOYEES AND THE CITY OF ST. ANTHONY BE IT RESOLVED, that the 2002-2003 Agreement between the Law Enforcement Labor Services, Inc., representing the St. Anthony Police Department Licensed Employees, 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 l day of e 2001 . • G Mayor ATTEST: City Clerk Reviewed for administration: City 0anager • CITY OF ST. ANTHONY AGREEMENT WITH LAW ENFORCEMENT LABOR SERVICES, INC. ST. ANTHONY POLICE DEPARTMENT January 1, 2002 - December 31 , 2003 TABLE OF CONTENTS • INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE I RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE II UNION SECURITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE III SENIORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE IV LAYOFF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE V RECALL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE VI DISCIPLINE AND DISCHARGE.. . ._. . . . . . . . . . . . . . . . . . . . . . . 2 ARTICLE VII PROMOTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE VIII PERSONAL LEAVE WITH PAY . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE IX FUNERAL LEAVE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE X LEAVE OF ABSENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE XI HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE XII HOURS OF WORK, WORK SCHEDULES . . . . . . . . . . . . . . . . . 5 ARTICLE XIII OVERTIME . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE XIV UNION VISITATIONS AND NOTICES . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE XV UNION BUSINESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE XVI HEALTH AND LIFE INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE XVII WAGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE XVIII LONGEVITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 ARTICLE XIX SCHOOLS AND TRAINING SESSIONS . . . . . . . . . . . . . . . . . . . 7 ARTICLE XX P.O.S.T. BOARD REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . 7 • ARTICLE XXI GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE XXII RIGHT OF SUB-CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE XXIII CLOTHING ALLOWANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE XXIV EMPLOYER AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE XXVI SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE XX VII DURATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 • ' r AGREEMENT BETWEEN CITY OF ST. ANTHONY AND LAW ENFORCEMENT LABOR SERVICES REPRESENTING ST. ANTHONY POLICE DEPARTMENT LICENSED EMPLOYEES INTRODUCTION This AGREEMENT is hereby made and entered into between Law Enforcement Labor Services, Inc., 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 conditions of employment; 2. Establish procedures for the resolution of disputes concerning 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 all essential employees of the City of St. Anthony, Minnesota, who are public employees within the meaning of Minn. Stat. 179A.03, subd. 14, excluding supervisory and confidential employees. 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. 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 1 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. Senior qualified Employees shall be given preference in bidding for shifts, within job classifications. All Employees covered by this AGREEMENT are eligible to bid for shifts by seniority, except those Employees with less than one (1) year continuous service in the Saint Anthony Police Department at the time of such bidding, or which are herein expressly exempted. Except as otherwise provided in the Contract, the EMPLOYER will not assign an Employee to work a shift other than the one assigned through the bid process, for the duration of the bid process, unless the EMPLOYER gives the Employee 24 hours notice. If a 24 hour notice is not provided, the EMPLOYER shall pay overtime. Bidding shall commence not less than thirty (30) days prior to the commencement of the work schedule being bid, and bidding shall be open until twenty (20) days prior to the commencement • of the work schedule being bid. 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 Discipline shall be for just cause and in one or more of the following forms: oral reprimand, written reprimand, suspension, demotion, and termination. • 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 2 1 1 1 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: 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 PERSONAL LEAVE WITH PAY 1. Amount allowed. Full time employees shall earn personal leave according to the following schedule: • Hours Accrued Per Year 0 - 5 years 176 hours 5 - 14 years 216 hours 1 5 + years 256 hours Employees using earned personal leave shall be considered to be working for the purpose of accumulating additional personal leave. 2. Usage. Personal leave may be used as earned, subject to approval by the Department Head and City Manager of the time at which it may be taken. In order to allow coordination of personal leave with family and medical leave, employees seeking to take personal leave may be required to provide enough information about the purpose of the time off to allow a determination of whether the time will also qualify for family and medical leave. If the personal leave also qualifies for family and medical leave, the employee must take both leaves simultaneously. 3. Terminal Leave. Any employee leaving the municipal service in good standing after giving proper notice of such termination of employment, will be compensated for personal leave accrued and unused to the date of separation according to the schedule set forth in Section #7. • 4. Waiver of Personal Leave Prohibited. No employee is permitted to waive personal leave for the purpose of receiving double compensation. 3 5. Procedure. To be eligible for personal leave with pay, an employee shall report as soon as possible to his or her Department Head the need to take personal leave and its estimated duration. 6. Workers' Compensation. Employees are covered by the workers' compensation laws of the State. In the event an employee is disabled and is entitled to workers' compensation, the employee will keep any workers' compensation payments received and eligible to receive a bi-weekly pay check equal to 1/3 pay through the use of personal leave benefits. In addition, the employee will be entitled to earn 1/3 of the amount of the personal leave pay they would otherwise be entitled to during an absence from their employment. Employees receiving such workers' compensation will be considered working for the purpose of accumulating additional personal leave benefits. 7. Unused Personal Leave Pay. An unused personal leave pay policy is established subject to the following rules and regulations: (a) The employee must be in good standing and give proper notice of termination in the case of resignation. (b) Qualifying employees shall receive their accumulated personal leave up to a maximum as listed in the following schedule: Maximum Payment • 0 - 3 years of service '/2 of personal leave accrued 3+ years 480.0 hours 4 + years 528.0 hours 5 + years 600.0 hours 8. Donation of Personal Leave to Employees with Serious Medical Problems. Employees may voluntarily donate personal leave time in hour increments which can be converted to use by employees facing serious medical problems or extended time off due to serious medical problems and who have no accumulated personal leave time or compensatory time available. The use of this donated personal leave must be approved by the Department Head and the City Manager and will be converted to the receiving employee's paid hourly rate. This does not include temporary or seasonal positions or unionized employees who have a sick pool that is already established. ARTICLE IX 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. 4 ARTICLE X 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 XI HOLIDAYS All Employees shall observe the following twelve (12) paid holidays each year, plus an additional eight (8) hours of holiday pay. 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 • ARTICLE XII HOURS OF WORK, WORK SCHEDULES A normal work day for full time employees may be up to twelve (12) hours. The normal work week for full time Employees shall be an averaged forty (40) hours. EMPLOYEES, when ordered to work overtime, shall work no longer than a 16 hour shift. The Chief of Police has authority to establish shifts. The average work month for Employees for the purpose of computing personal 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 XIII OVERTIME Overtime is defined as all hours worked in excess of the 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 while off duty will receive a minimum of three (3) hours 5 pay at time and one-half (1-1/2). Officers required to be "on call" for a court appearance during time off will receive a maximum of two (2) hours pay at time and one half (1-1/2). • ARTICLE XIV 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 designated by the EMPLOYER. ARTICLE XV UNION BUSINESS One (1) Employee at a time shall be granted leave without pay to attend to UNION business not to exceed a total of ten work days per calendar year. The EMPLOYER shall attempt-, if possible, to arrange the employee's work schedule so that the employee will not lose pay. ARTICLE XVI HEALTH AND LIFE INSURANCE The EMPLOYER will contribute Five Hundred Twenty-five Dollars ($525.00) per month for 2002 • and Five Hundred Sixty Dollars ($560.00) per month for 2003 towards the total cost of the Employee's health and life insurance and any dependent's health insurance costs. By mutual agreement employees may use up to Fifteen Dollars ($15.00) of health insurance for dental insurance. 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 payment on January 30th for the previous year. All additional 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 XVII WAGES A. Top Scale Wages 2000/Mo. 2003/Mo. Police Officer $4,285.81 $4,425.10 B. Wage Step System (for hirees after January 1, 1982) • 6 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) C. Field Training Officers will receive one (1) hour of compensatory time for every day of training, which includes use of force and firearms instruction. D. Pay Days. Employees will be paid every two weeks on the alternate Fridays. When a holiday falls on a Friday pay day, employees will receive their paychecks on the preceding Thursday. When two-day holidays fall on the Friday pay day and the Thursday preceding the Friday pay day, employees will receive their pay checks on the preceding Wednesday. E. Sergeant/Investigator Differential 1. Sergeant. Employees classified or assigned as Sergeant shall receive $250.00 per month in addition to regular Patrol wages in 2002 and $300.00 in 2003. 2. Investigator. Employees classified or assigned as Investigator shall receive • $125.00 per month in addition to regular Patrol wages in 2002 and $150.00 in 2003. ARTICLE XVIII LONGEVITY Employees with the required service credit shall receive longevity pay according to the following: Five (5) years 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 XIX SCHOOLS AND TRAINING SESSIONS All employees shall be required to attend such schools or training sessions as may be required by EMPLOYER. Compensation for such attendance is considered included in the approved salary schedule unless EMPLOYER is reimbursed from an outside source. ARTICLE XX P.O.S.T. BOARD REQUIREMENTS The EMPLOYER will contribute 100% of the cost of any necessary license fee 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. 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 XXI 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 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 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. 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 representative's final Step 3 answer. Any grievance not referred in writing by the employee within ten (10) days shall be considered waived. 8 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. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. 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 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 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 XXII 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 XXIII CLOTHING ALLOWANCE Uniform allowance shall be $500.00 per year for each officer to be paid to the officer as a reimbursement for uniform expenses. Protective clothing, i.e., bullet-proof vests, etc. will be provided by the EMPLOYER, per Federal and State regulations. The EMPLOYER will supply at no cost to the Employees all required uniform items and reasonable replacements upon initial hire. New hirees will not qualify for uniform allowance until they complete one year of service. ARTICLE XXIV 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. 9 Page 10 • ARTICLE XXV 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 pa rty. ARTICLE XXVI DURATION This AGREEMENT shall be effective as of the first day of January, 2002 and shall remain in full force and effect until the thirty-first day of December, 2003. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this day of 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 LAW ENFORCEMENT LABOR SERVICES, INC. Its Mayor VLA. Its Ci(y Manager •