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HomeMy WebLinkAboutUntitled (6) x Q ;rt c, {r � Y s :.,� t � t ~ �` ' Yj141AF`' I Y n, . , - - GR . ,, , .,- - z,axe ,1'.:::..31 4, F � f A+F i Y 4:• , i y x a �± x y.Y AC'S ur 4 between LA6 in E;:,!,,,t.;..,1:-...-,,,,,,,:-,,, ,.... ,;,:, .,',',--, ir CITY 3FC AC PARK EIGHT tf : s and _ �,�- .1:,,,, ,-;': N SOTA T AM MST s' A 4 PUBLIC A 1D LAW E Ft � ,. ,• E MPLC)YEE ►' UNION, -, 1 f 3e LOCAL # 20 f D pi y�ein. 1 Gti err ,, ::, -',1',7,'..415,1 �' 4 ' 1i ,y ,,,,,..,,,,,..,,,,,,,,::,,,, ,,, . , , ,Representing Supervisors' Unit {r g &tt � �n f ii l b 9ff .t I v Effective January 1 ,'2002 through December 1 ti J TABLE OF CONTENTS ARTICLE PAGE I PURPOSE OF AGREEMENT 1 II RECOGNITION 1 Ill DEFINITIONS 1 VI EMPLOYER AUTHORITY 2 V UNION SECURITY 2 VI EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 3 VII SAVINGS CLAUSE 5 VIII DISCIPLINE 5 IX CONSTITUTIONAL PROTECTION 6 X SALARIES 6 XI WORK SCHEDULE 6 XII COMPENSATORY TIME 6 XIII OVERTIME 6 XIV CALL BACK 7 XV SHIFT DIFFERENTIAL PREMIUM - SERGEANTS 7 XVI SICK LEAVE 7 XVII JURY DUTY 8 XVIII COURT TIME 8 XIX BEREAVEMENT PAY 8 XX SEVERANCE PAY 8 XXI LEAVE WITHOUT PAY 8 XXII PROFESSIONAL DEVELOPMENT 9 XXIII HOLIDAYS 9 XXIV VACATIONS 10 XXV HEALTH INSURANCE 10 XXVI DENTAL INSURANCE 10 XXVII ON THE JOB INJURY 10 XXVIII FAMILY AND MEDICAL LEAVE ACT 11 XXIX EXTRA VACATION DAY 11 XXX CLOTHING ALLOWANCE 11 XXXI INCENTIVE PAY 12 XXXII ADDITIONAL INCENTIVE 13 XXXIII SAFETY 13 XXXIV WAIVER 13 XXXV FALSE ARREST INSURANCE 13 XXXVI TEAMLEGAL DEFENSE PLAN 14 XXXVII PEACE OFFICER STANDARD TRAINING (P.O.S.T) 14 )(XXVIII MAINTENANCE OF BENEFITS 14 XXXIX DURATION 14 APPENDIX A - SALARY SCHEDULE 15 LABOR AGREEMENT between CITY OF OAK PARK HEIGHTS and MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 ARTICLE I. PURPOSE OF AGREEMENT This Agreement is made and entered into between the City of Oak Park Heights, hereinafter referred to as the EMPLOYER, and Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320, hereinafter referred to as the UNION. The parties hereto agree as follows: It is the intent and purpose of this Agreement to: 1.1 Establish procedures for the resolutions of disputes regarding the interpretation and/or application of the provisions set forth in this Agreement; and 1.2 Express in written form an agreement between the parties on terms and conditions of employment for the duration of this Agreement. ARTICLE II. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota State Statutes §179A.03, Subd. 17 for all supervisory personnel as follows: POLICE CHIEF DEPUTY CLERK/FINANCE DIRECTOR PUBLIC WORKS DIRECTOR SERGEANT COMMUNITY DEVELOPMENT DIRECTOR 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III. DEFINITIONS 3.1 UNION: MN Teamsters Public and Law Enforcement Employees' Union, Local No. 320. 3.2 UNION MEMBER: A member of the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320. Page-1- 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 EMPLOYER: The City of Oak Park Heights. 3.5 UNION OFFICER: Officer elected or appointed by the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320. 3.6 PROBATIONARY PERIOD: Newly hired employees shall serve a probationary period of one year(12 months)from the date of hire. Probationary employees may be terminated at the sole discretion of the Employer. 3.7 OVERTIME: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.8 REST BREAK: Two (2) fifteen (15) minute periods during the eight (8) hour work day. 3.9 LUNCH BREAK: A thirty (30) minute period during the eight (8) hour work days. 3.10 BASE PAY RATE: That wage rate paid to the employee exclusive of such payments as overtime, longevity, educational incentive, or other fringe benefits or premium payments. ARTICLE IV. EMPLOYER AUTHORITY 4.1 The Employer retains the full and unrestricted right to operate and manage all personnel, 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 functions not specifically limited by this Agreement. 4.2 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. ARTICLE V. UNION SECURITY 5.1 The Employer shall deduct from the wages of employees, who authorize such deduction in writing, an amount necessary to cover monthly Union dues or "fair share" deduction as provided for by Minnesota State Statute§179A.06, Subd. 3, if the employee elects not to become a member of the Union. Such monies shall be remitted as directed by the Union. 5.2 The Union may designate employees from the bargaining unit to act as Steward and shall inform the Employer, in writing, of such choice and changes in the position of Steward. Page-2- 5.3 The Employer shall make space available on the employee bulletin boards for posting Union notice(s) and announcement(s). 5.4 Union Steward: The Employer agrees that the employee designated steward under Article 6.2 of this Agreement shall be allowed a reasonable amount of duty time annually to attend to Union matters as designated by the Union in addition to the other Steward activities as provided for in this Agreement. 5.5 Identify Business Agent: The Union shall have the right to enter the facilities of the Employer so long as said visits do not interfere with the job duties and responsibilities of an employee. 5.6 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 VI. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6.1 DEFINITION OF A GRIEVANCE: A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 6.2 UNION REPRESENTATIVES: The Employer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union representatives and of their successors when so designated as provided by Section 6.2 of this Agreement. 6.3 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 employee and shall, therefore, be accomplished during 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 in pay when a grievance is investigated and presented to the Employer during normal working hours, provided 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 of the Employer. 6.4 PROCEDURE: Grievances as defined in Section 6.1 shall be resolved in conformance with the following procedure: STEP 1. An employee claiming a violation concerning the interpretation or application of this Agreement shall,within twenty-one(21)calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to Page-3- such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions allegedly violated, the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step by the Union within ten (10) calendar Y9 pp g S P2 Y ( ) days shall be considered waived. STEP 2. If a grievance is not resolved at Step 1 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 3 of the grievance procedure. Any grievance not appealed, in writing, to Step 3 by the Union within ten (10) calendar days of mediation shall be considered waived. STEP 3. Any grievance unresolved in Step 2 and appealed to Step 3 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor subject p Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the rules governing the arbitration of grievances as established by the Bureau of Mediation Services. 6.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall not have the right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue or issues 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. 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 affect of law. The arbitrator's decision shall be submitted in writing within thirty(30)days following the 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 the Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by both the Employer and the Union, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. If both parties desire a verbatim record of the proceedings, the costs shall be shared equally. Page-4- 6.6 WAIVER: If a grievance is not presented within the time limits set forth above it shall be considered waived. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union in each step. ARTICLE VII. 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 provisions shall be void. All other provisions of this Agreement shall continue in full force and effect. The void or provision may be renegotiated at the written request of either party. ARTICLE VIII. DISCIPLINE 8.1 The Employer will discipline employees for"just cause" only. Discipline will be in one or more of the following forms: A. Oral reprimand; B. Written reprimand; C. Suspension; D. Demotion; or E. Discharge. 8.2 Suspensions, demotions and discharges will be in written form. 8.3 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. The employee and the Union will receive a copy of such reprimand and/or notices. 8.4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the Employer. 8.5 Employees will not be questioned concerning an investigation of disciplinary action unless the employee has had an opportunity to have a Union representative present at such questioning. 8.6 Grievances relating to this Article shall be initiated by the Union in Step 2 of the Grievance Procedure under Article VI. Page-5- . ARTICLE IX. CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE X. SALARIES Employees shall be paid in accordance with the attached Salary Pay Schedules marked "Appendix A." The City reserves the right to place new hires where the market deems appropriate in the Salary Schedule. ARTICLE XI. WORK SCHEDULE 11.1 The normal work year is two thousand and eighty (2,080) hours, to be accounted for by each employee through: A. Scheduled hours of work; B. Assigned training; C. Authorized leave time; D. Holidays. 11.2 Holidays and authorized leave time are to be calculated on the basis of an eight (8)hour work day. 11.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign employees. ARTICLE XII. COMPENSATORY TIME 12.1 Employees will be entitled to take compensatory time for any hours worked in excess of eight (8) hours per day, forty (40) hours per week, subject to the prior review and approval of the City Administrator. Compensatory time shall be taken in the calendar year earned and shall not be carried over to the subsequent year. Compensatory time not taken in the calendar year earned shall be cashed out at the end of the calendar year earned. 12.2 Employees will not be entitled to overtime pay or call-back pay. ARTICLE XIII. OVERTIME 13.1 Division Heads will be compensated at one and one-half(1' ) times the Division Heads' regular base pay rate for hours worked in excess of the Division Heads' regularly scheduled shift. Changes of shift do not qualify a Division Head for overtime under this Article. Compensatory time may be taken, at the option of the Division Head, as payment for overtime worked in lieu of money. Division Heads may cash out up to forty(40)hours Page-6- of compensatory time at the end of the calendar year. Compensatory time may not be carried over from one calendar year to the next. 13.2 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.3 Overtime will be calculated to the nearest fifteen (15) minutes. 13.4 Division Heads have an obligation to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the Division Head from so working. ARTICLE XIV. CALL BACK A Division Head who is called back to duty during his/her scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half(1'/) times the Division Heads' base rate of pay. An extension or early report for a regularly scheduled shift for duty does not qualify the Division Head for the three (3) hour minimum. ARTICLE XV. SHIFT DIFFERENTIAL PREMIUM - SERGEANTS The afternoon shift shall receive a one dollar and twenty-five cents($1.25) shift differential, and the evening shift shall receive a one dollars and seventy-five cents ($1.75) per shift differential with no set times being established for the commencement shifts. ARTICLE XVI. SICK LEAVE 16.1 The Employer grants to each employee paid sick leave at the rate of one (1) day per month for each month of employment or major fraction thereof. 16.2 Employees shall earn sick leave during their probationary period but shall not use sick leave without the approval of the Employer. 16.3 The Employer may require a medical certificate for any sick leave absence exceeding three (3) working days. 16.4 Each employee shall be allowed a maximum accumulation of one hundred and forty-eight (148) days of sick leave. After the maximum accumulation is reached, each employee shall receive sick leave at the rate of one-half(%) day banked sick leave. Banked sick leave shall be used only after all of the employee's accumulated sick leave is exhausted. 16.5 Sick leave shall be used normally for absences from duty because of personal illness or legal quarantine of the employee or because of serious illness in the immediate family. Immediate family shall mean brother, sister, parents, parents-in-law, spouse, or children of the employee. Page-7- ARTICLE XVII. JURY DUTY In the event an employee covered by this Agreement is called for jury duty, the employee shall give the Employer any payment received less any meal or mileage allowance in exchange for full wages from the Employer for any days the employee served on jury duty. ARTICLE XVIII. COURT TIME 18.1 An employee who is required to appear in Court during his/her scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half (1%) times the employee's base rate of pay. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the three (3) hour minimum. 18.2 If a court appearance is canceled with less than two (2) business days notice, the employee shall receive two (2) hours pay at one and one-half(1%)times the employee's base rate of pay. 18.3 If a court appearance is canceled with less than one (1) days notice, the employee shall receive three (3) hours pay at one and one-half (1%) times the employee's base rate of pay. ARTICLE XIX. BEREAVEMENT PAY When necessary, and upon approval by the Employer, up to five(5) days of sick leave with pay will be granted in case of death in the family. The degree of relationship includes, spouse, parents, spouse's parents, children, brothers and sister, brothers-in-law, sisters-in-law, grandparents, grandchildren and stepchildren. ARTICLE XX. SEVERANCE PAY 20.1 All permanent employees who have completed ten (10) years of service with the City shall be entitled to fifty percent (50%)of the unused sick leave as severance pay. Such payment not to exceed seventy-five (75) days maximum upon separation. Beneficiaries of demised employees shall be entitled to receive one hundred percent (100%) of the severance pay the deceased employee was entitled to at the date or his/her death. 20.2 Employees may opt to bank his/her severance to use as insurance premium on the City insurance plan upon retirement up to the age of sixty-five (65) years old with the remaining being paid out at that time. ARTICLE XXI. LEAVE WITHOUT PAY The City Manager may grant regular full-time employees a leave of absence without pay for a period not to exceed ninety(90) days except that the City Administrator may extend such leave to a maximum of one (1) year in a case of disability or extraordinary circumstances. Page-8- ARTICLE XXII. PROFESSIONAL DEVELOPMENT 22.1 The Employer will reimburse one hundred percent (100%) of the employee's cost for tuition only for educational classes, subject to the following conditions: A. Employee must have the approval of the City Administrator to take any classes; B. Employees to must p y mus present written proof through a report card or similar method that they have passed the class; C. Reimbursement will occur after the employee has presented the proof of passing the class to the City Administrator; D. Education must be job related. 22.2 Employees will be reimbursed for annual dues paid for membership(s) in up to five (5) professional associations. Reimbursement for a new membership in a profession association shall require prior approval of the City Administrator. 22.3 The Employer will also fund reasonable subscriptions and/or reference materials to continue employee's development and their ability to perform their duty. ARTICLE XXIII. HOLIDAYS 23.1 Employer grants to each employee twelve (12) paid holidays per year. Paid holidays being as follows: New Year's Day Labor Day Martin Luther King Day Thanksgiving Day President's Day Day after Thanksgiving Memorial Day Christmas Eve Independence Day Christmas Day Veteran's Day One (1) floating holiday (selected by the Employee and subject to the approval of the City Administrator). 23.2 In the event it is determined that the Police Department employees are entitled to more than twelve (12) paid holidays per year, pursuant to the wording of the existing contract, the employees shall be entitled to the same number of paid holidays per year as the Police Department employees. 23.3 A Division Head required to work on any holiday listed above shall receive an additional one-half ('/2) times pay for all hours worked on that shift in addition to regular pay and holiday pay. Page-9- ARTICLE XXIV. VACATIONS 24.1 The Employer grants to each employee paid vacation as per the following schedule: 0 through 5 years of service - 10 working days per year(5/6 days per month) 6 through 10 years of service- 15 working days per year(1%days per month) 11 through 15 years of service-20 working days per year(12/3 days per month) 16 and over years of service- 1 additional day per year to a maximum of twenty-five (25) days per year. 24.2 Employees shall earn vacation during their probationary period but shall not use vacation leave without the approval of their Employer. 24.3 Employees shall accrue vacation leave to a maximum of forty (40) working days. 24.4 Vacation leave may be used as earned provided that the City Administrator shall approve the requested time. 24.5 Any employee leaving City employment shall receive unused accumulated vacation leave if said employee has given proper notice of fourteen (14) days. 24.6 In addition to the vacation set forth above, after two (2) years of service, permanent employees shall be granted two(2)days personal leave with pay to take care of personal business that can only be taken care of during normal working hours. Said leave will be non-accumulative and subject to prior approval of the City Administrator. ARTICLE XXV. HEALTH INSURANCE 25.1 Effective January 1, 2002,the employee contribution toward the cost of dependent health coverage shall be one hundred and thirty ($130) per month; effective January 1, 2003, the employee contribution shall be one hundred and forty ($140) per month; effective January 1, 2004, the employee contribution shall be one hundred and fifty ($150) per month. The Employer shall pay the balance of the premium not paid by the employee. 25.2 Opener on P.O.S.T. Retirement Health Insurance Plan. ARTICLE XXVI. DENTAL INSURANCE The Employer shall provide Dental Insurance on all employees and dependents and shall pay 100% of the premium due thereon. ARTICLE XXVII. ON THE JOB INJURY If temporary or permanent employees are not able to satisfactorily perform the duties of their position or such temporary duties as the Council may assign, due to bodily injuries incurred while on active duty for the City, they will be entitled to full base pay, less compensation received from any other source (including workers' compensation and/or disability insurance Page-10- payments) made available to the employee through a benefit provided all or in part of the City of Oak Park Heights, according to the following schedule: Up to twelve (12) months pay without loss to any accrued sick leave or vacation, provided the injury is of the nature which is covered by workers'compensation. ARTICLE XXVIII. FAMILY AND MEDICAL LEAVE ACT 28.1 An employee must have been employed by the City for at least twelve (12) months and have worked at least one thousand two hundred fifty (1,250) hours in the twelve (12) months proceeding the commencement of the leave. An eligible employee is entitled to twelve (12) weeks leave during any twelve (12) month period commencing with the first date family or medical leave is taken for the following reasons: A. Birth of a son or daughter or placement of a son or daughter for adoption or foster care. Such leave may be taken within twelve (12) months after the birth or placement. There is no maximum age limit for adoption or foster care placement. B. To care for a spouse, son, daughter or parent who has a serious health condition. C. Because of the serious health condition making the employee unable to perform the essential functions of their positions. 28.2 Thirty (30) days written notice is required if the leave is foreseeable. Health Insurance coverage will be maintained at the same level and under the same terms as if the employee continued working. Arrangement for payment of the employee's portion of the premium must be made by the employee through the personnel office. Family and medical leave may be taken in increments up to the full twelve (12)weeks and as small as one (1) hour depending on the circumstances. Employees are eligible to draw down accumulated sick leave and vacation leave while on FMLA leave. Therefore, FMLA leave shall be without pay. ARTICLE XXIX. EXTRA VACATION DAY Any employee that maintains a sick leave balance of one hundred (100) days annually shall receive one (1) additional day vacation per year. ARTICLE XXX. CLOTHING ALLOWANCE 30.1 The Employer agrees to provide the employees with an annual clothing and maintenance allowance on a voucher system as follows: Chief of Police For the year 2002 - $725 per year For the year 2003 - $750 per year For the year 2004 - $775 per year Page-11- Sergeant For the year 2002 - $675 per year For the year 2003 - $700 per year For the year 2004 - $725 per year Director of Public Works For the year 2002 - $525 per year For the year 2003 - $550 per year For the year 2004 - $575 per year Community Dev. Dir. For the year 2002 - $150 per year and For the year 2003 - $200 per year Finance Director For the year 2004 - $250 per year 30.2 Clothing damaged in the line of duty to be replaced by the Employer with no cost to the employee. ARTICLE XXXI. INCENTIVE PAY 31.1 The Employer agrees to pay incentive pay based upon longevity as per the following: Effective January 1, 1985 After four (4) years of service 3% of salary per month After eight (8) years of service 5% of salary per month After twelve (12) years of service 7% of salary per month After sixteen (16) years of service 9% of salary per month 31.2 As an alternative to incentive pay based upon longevity, the Employer agrees to pay educational incentive pay as per the following: After one (1) year of post-high school education 2% of base salary per month After two (2) years of post-high school education 4% of base salary per month After three years of post-high school education 6% of base salary per month After four years of post-high school education 8% of base salary per month At such time as an employee achieves fifty percent (50%) of the next year's goal, the employee would be entitled to the next two percent (2%) of salary increase, i.e., the employee achieves one and one-half (11/2) years of post-high school education and is therefore entitled to four percent (4%) of the salary per month. The Employer agrees to pay an additional two percent (2%) educational incentive pay if the employee achieves one of the following: A. A Master's degree; graduation from the FBI Academy; obtaining a CPA or CIA degree; a professional registered engineer. Page-12- B. Passing the qualifications for a wellness program as established by the City,which would include weight charts, annual physicals, no smoking, pereiodic medical tests, etc. 31.3 If an employee elects to receive educational incentive pay as set forth above, the election is irrevocable, and the employee would no longer be entitled to receive incentive pay based upon longevity as set forth in 31.1 above. ARTICLE XXXII. ADDITIONAL INCENTIVE Employees who accept the additional duties of serving as Economic Develpment Director, Housing Redevelopment Director, Civil Defense Director, City Clerk or City Engineer shall receive an additional one and one-half percent (1'/z%) up to one hundred dollars ($100) of the employee's monthly salary, whichever is least. ARTICLE XXXIII. SAFETY The employee adheres to the principle that employees should work in a safe environment. Accordingly, each employee has an obligation to observe safe working practices and to alert his/her supervisor to the existence of specific safety hazards. ARTICLE XXXIV. WAIVER 34.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment to the extent inconsistent with the Agreement are hereby superseded. 34.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement,each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiable waive the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement even though such terms and conditions may not have been within the knowledge or contemplation of either or both parties at the time this Agreement was negotiated or executed. ARTICLE XXXV. FALSE ARREST INSURANCE The Employer will provide and pay for false arrest insurance in a plan chosen and offered by the Employer. Page-13- ARTICLE XXXVI. TEAMLEGAL DEFENSE PLAN The Employer will pay the cost of TeamLegal Defense Plan. This cost is in the amount of eighty-seven dollars ($87) per year. ARTICLE XXXVII. PEACE OFFICER STANDARD TRAINING (P.O.S.T) The Employer will pay the cost of the P.O.S.T. license. ARTICLE XXXVIII. MAINTENANCE OF BENEFITS Whenever conditions of employment are greater than those set forth in this Labor Agreement, said conditions shall be maintained and there shall be no reduction in accrued benefits for members covered by this Agreement. ARTICLE XXXIX. DURATION This Agreement shall be in effect from January 1, 2002 and shall remain in full force and affect until the 31st day of December, 2004 or until a new contract is signed with the exclusive representative of the City of Oak Park Heights. FOR THE CITY OF OAK PARK HEIGHTS FOR TEAMSTERS C #320 7124Z City Adminis`frator B i ess Ag t tIP t and M •yv Steward mmt\OakParkHgtsSupr\Contract\2002-2004. 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O .- u) < c >o •.�' < 00_ ° :-. 2 ✓ o O „ n ~ _..1 U O > n co V U O 7 CO _ m a) U CI3 1 co C N 15 E Q7 C_ a] Q E 2' (6 L E a) C LL U CL 0 Cr) Z LL U Cl- O CO LL U Cl (j CO LABOR AGREEMENT BETWEEN THE CITY OF OAK PARK HEIGHTS THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, DISTRICT COUNCIL 14, LOCAL 517 January 1, 2002 through December 31, 2004 • TABLE OF C ONTENTS Article I Purpose of Agreement 3 Article II Recognition 3 Article III Definitions 3 Article IV Employer Security 5 Article V Employer Authority 5 Article VI Union Security 6 Article VII Employee Rights - Grievance Procedure 6 Article VIII Savings Clause 8 Article IX Seniority 8 Article X Discipline 9 Article XI Work Schedule 10 Article XII Overtime . . 10 Article XIII On-Call/Call-Back 11 Article XIV Working Out of Classification 12 Article XV Salary Schedule 12 Article XVI Holidays 12 Article XVII Vacations 12 Article XVIII Sick Leave 13 Article XIX Bereavement Pay 14 Article XX Insurance 14 Article XXI Leaves of Absence 14 Article XXII Family and Medical Leave Act 15 Article XXIII Training and Tuition Reimbursement 15 Article XXIV Uniforms and Equipment 16 Article XXV Safety 16 Article XXVI Severance Pay 16 Article XXVII Injury on Duty 16 Article XXVIII Longevity and Educational/Health &Wellness Incentive Pay . . 17 Article XXIX Additional Vacation Day 18 Article XXX Right of Subcontract 18 Article XXXI Jury Duty 18 Article XXXII Deferred Compensation Plan 18 1 Article XXXIII Non-Discrimination 18 Article XXXIV Waiver 19 Article XXXV Duration 19 Appendix A : Salary Schedules 20 Appendix B-1: New APFT Standards 21 Appendix B-2: Desirable Weight Ranges 22 2 ARTICLE I. PURPOSE OF AGREEMENT This agreement is entered into as of January 1, 2002, between the City of Oak Park Heights, hereinafter called the "Employer," and the American Federation of State, County, and Municipal Employees, District Council 14, Local 517, hereinafter called the "Union." It is the intent and purpose of this Agreement to: 1.1 Assure sound and mutually beneficial working and economic relationships between the parties hereto; 1.2 Establish procedures for the resolution of disputes concerning the Agreement's interpretation and/or application; 1.3 Place in written form the parties agreement upon the terms and conditions of employment for the duration of this Agreement; 1.4 Establish certain hours, wages an d othe r conditions of employment. The Employer and the Union, through this Agreement, shall continue their dedication to the highest quality of service to the residents of Oak Park Heights. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE II. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, Section 179A.03, Subd. 14 for all employees of the City of Oak Park Heights, excluding supervisory, confidential, police personnel, and essential employees. 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion in the bargaining unit of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III. DEFINITIONS 3.1 UNION: The American Federation of State, County and Municipal Employees, District Council 14, Local 517. 3.2 UNION MEMBER: A member of the American Federation of State, County and Municipal Employees, District Council 14, Local517. 3.3 FULL-TIME EMPLOYEE: A member of the exclusively recognized bargaining unit who works a regular work schedule that averages forty(40) hours per week and is hired for a non-specific duration by the employer. 3 3.4 PART-TIME EMPLOYEE: A member of the exclusively recognized bargaining unit who works a regular work schedule that is on average less than forty(40) hours per week and more than fourteen (14)hours per week, or thirty-five percent(35%) of the normal work week in the bargaining employee's bar unit and is hired for a non- specific duration by the employer. (M.S.A. 179A.03, Subd. 14(EMPLOYER). 3.5 SEASONAL EMPLOYEE: A member of the exclusively recognized bargaining unit and is defined as a public employee under Minnesota Statutes Section 179A, who works a regular full or part-time schedule for a specific duration annually by the EMPLOYER, and (1)who works more than sixty-seven (67)working days in any calendar year; or(2) more than one hundred (100)working days in the calendar year and the employees are under the age of twenty-two (22), are full-time students enrolled in a non-profit or public education institution prior to being hired by the EMPLOYER, and have indicated either in application for employment, or by being enrolled at an educational institution for the next academic year or term, an intention to continue as students during or after their temporary employment. (179A.03, Subd. 14(f)). 3.6 TEMPORARY EMPLOYEE: An individual hired for a specific duration (1) not to exceed sixty-seven (67)working days in any calendar year; or(2) not for more than one hundred (100)working days in the calendar year and the employees are under the age of twenty-two (22), are full-time students enrolled in a non-profit or public education institution prior to being hired by the EMPLOYER, and have indicated either in an application for employment, or by being enrolled at an educational institution for the next academic year or term, an intention to continue as students during or after their temporary employment. 179A.03, Subd. 14(f)). 3.7 CALL-IN EMPLOYEE: A person who is called in for specific projects and hired for a non-specific duration, not working a regular work schedule. 3.8 EMPLOYER: The City of Oak Park Heights. 3.9 UNION STEWARD: Steward elected or appointed by the American Federation of State, County and Municipal Employees, District Council 14, Local 517. 3.10 OVERTIME: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.11 SHIFT: A consecutive work period including two (2)fifteen (15) minute rest breaks and a thirty(30) minute lunch break. 3.12 REST BREAK: Two (2)fifteen (15) minute periods during the scheduled shift. 3.13 LUNCH BREAK: A thirty(30) minute period during the scheduled shift 3.14 STRIKE: Concerted action in failing to report for duty, the willful absence from a position, the stoppage of work, show-down or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of including, influencing, or coercing a change in the conditions or compensation or the rights, privileges, or obligations of employment. 4 3.15 PROBATIONARY PERIOD: That six(6) month period of time from the employee's date of hire until he/she becomes a regular an employee. 3.16 BASE RATE PAY: That wage rate paid to the employee exclusive of such payments as overtime, longevity, educational incentive, fringe benefits or premium payments. 3.17 INTERN: An employee of the City of Oak Park Heights who works on a temporary basis for educational credit or experience and shall not be included in a union. ARTICLE IV. EMPLOYER SECURITY 4.1 The Union agrees that during the life of this Agreement, it will not cause, encourage, participate in, or support any strike, slow-down, or other interruptions of or interference with the normal functions of the Employer. 4.2 The Employer shall institute no lockout during the life of this Agreement provided the Union does not violate section 4.1 of this article. ARTICLE V. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial functions not specifically limited by this Agreement. 5.2 Any term and conditions of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish or eliminate. ARTICLE VI. UNION SECURITY 6.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing, an amount necessary to cover monthly Union dues, or a fair share deduction, as provided in Minnesota State Statutes 179A.06, Subd. 3, if the employee elects not to become a member of the Union. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for the posting of Union notices and announcements. 5 6.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgment 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. 6.5 The Employer shall provide the Union with the names and addresses for all newly hired Bargaining Unit employees at the time of hire. ARTICLE VII. EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE 7.1 Definition of a Grievance. A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 7.2 Union Representatives. The Employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having duties and responsibilities as established by this Article. The Union shall notify the Employer in writing of the names of such Union Representatives and or their successors when so designated, as provided in section 6.2 of this Agreement. 7.3 Processing f a Grievance. accepted by the Union a e. It is recognized and accept d y t e Un nand 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 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 in 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 of the Employer. 7.4 Procedure. Grievance, as defined in Section 7.1, shall be resolved in conformance with the following procedure: Step 1: An employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing, setting forth the nature of the grievance, the facts on which it is based, the provisions(s) of the Agreement allegedly violated, the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the Employer- designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. 6 Step 2: If appealed, the written grievance shall be presented by the Union and • discussed with the Employer-designated Step 2 representative. Submitting the grievance to mediation preserves the timeliness for Step 3 of the grievance procedure. Any grievance not appealed, in writing, to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3: A grievance unresolved in Step 2 and appealed to Step 3 by the Union shall be submitted to Arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. 7.5 Arbitrator's Authority: A. The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The Arbitrator shall consider and decide only the specific issue or issues 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. 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 law. The Arbitrator's decisions shall be submitted in writing within thirty(30)days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the Arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the Arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 7.6 Waiver: If a grievance is not presented within the time limits set forth above, it shall be considered waived. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union at each step. 7 7.7 Election of Remedies:It is specifically understood that any matters governed by statutory provisions or personnel rules, except as expressly provided for in this Agreement, shall not be considered grievances under this Agreement. If by law an appeal procedure, other than the grievance procedure contained herein, is available for resolution of a dispute arising from any provision covered by this Agreement and the aggrieved party pursues the dispute through such appeal procedure provided by law, the aggrieved employee(s)shall be precluded from making an appeal under this grievance procedure. Except that with respect to statutes under the jurisdiction of the United States Equal Employment Opportunity Commission or Minn. Stat. 363.01-20, an employee pursuing a statutory remedy is not precluded from also pursuing an appeal under this grievance procedure. ARTICLE VIII. SAVINGS CLAUSE 8.1 This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Oak Park Heights. In the event any provision of this Agreement shall be held to be contrary to law or 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 provisions shall be re-negotiated at the written request of either party. 8.2 In the event the compensation provisions of this Agreement are found to be in violation of the Minnesota Local Government Pay Equity Act by the Commissioner, Department of Employee Relations, State of Minnesota, from whose final decision and no appeal is taken, at the written request of either of them, enter into negotiations to bring such provision(s) into compliance therewith. ARTICLE IX. SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the City and posted in an appropriate location. Seniority rosters shall be maintained by the Employer on the basis of time with the City and time within a specific classification. 9.2 During the six (6) month probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the Employer. During the probationary period, a promoted or assigned employee may be replaced in his/her previous position at the sole discretion of the Employer. 9.3 A reduction in the 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 (2)years of the time of his/her layoff before any new employee is hired. 9.4 Vacation period shall be selected on the basis of seniority until March 15th of each calendar year. 8 • ARTICLE X. DISCIPLINE 10.1 The Employer will discipline employees for just cause only. Discipline will be in one or more of the following forms: A. Oral reprimand; B. Written reprimand; C. Suspension; D. Demotion; or E. Discharge. 10.2 Suspensions, demotions and discharges shall be in written form. 10.3 Any discipline imposed shall be done in the privacy of the supervisor's office, and not in public. 10.4 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 will receive a copy of such reprimands and/or notices. Employees may submit a written explanation disagreeing with any disciplinary action. 10.5 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.6 Prior to discharging an employee, the Employer shall notify the employee and the Union in writing that the employee is to be discharged, the reason(s) therefore, the employee's right to a hearing in accordance with this Article, and the effective date of discharge. The employee may request an opportunity to hear an explanation of the evidence against him/her, and to present his/her explanation of issues and circumstances related to the employee's discharge to the Employer's representative. The employee is entitled to Union representation at such meeting, upon request. The right to such meeting shall expire at the end of the scheduled workday after the Notice of Discharge is delivered to the employee, unless the Employer and the employee agree otherwise. The employee shall remain in pay status during the time between the Notice of Discharge and the expiration of the meeting. 10.7 Employees will not be questioned concerning an investigation of disciplinary action unless they have been advised that they have the opportunity to have a Union Representative present at such questioning. 10.8 Grievances relating to the Article shall be initiated by the Union in Step 2 of the grievance procedure under Article VII. 9 ARTICLE XI. WORK SCHEDULE 11.1 The sole authority for work scheduled is with the Employer. The normal workday for a full-time employee shall be eight(8) hours. The normal work week shall be forty(40) hours, Monday through Friday. 11.2 The normal work year is two thousand and eighty(2,080) hours, to be accounted for by each employee through: A. Scheduled hours or work in assigned shifts; B. Assigned training; C. Authorized leave time; or D. Holidays. 11.3 Service to the public may require the establishment of regular shifts for some employees on a daily, weekly, seasonal, or annual basis other than the employee's normal workday. The Employer will give seven (7) days advance written notice to the employees affected by the establishment of workdays different from the employee's normal workday. 11.4 In the event that work is required because of unusual circumstances such as (but not limited to)fire, flood, snow, sleet or breakdown of municipal equipment or facilities, no advance notice need be given. It is not required that an employee working other than the normal work day be scheduled to work more than the work day; unless, per their job description, they are required to call-backs in their departments. 11.5 Service to the public may require establishment of regular work weeks that schedule work on Saturdays and/or Sundays/ 11.6 Nothing contained in this or any other article shall be interpreted to be a guarantee of a minimum or a maximum number of hours the Employer may assign employees. ARTICLE XII. OVERTIME 12.1 Employees will be compensated at one and one-half(1-1/2)times the employee's regular rate of pay for hours in excess of the employee's regularly scheduled shift. Compensated leave, consisting of work hours, vacation hours, sick leave hours, and holiday hours shall be considered hours worked for the purpose of this Article. 12.2 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 12.3 Overtime shall be calculated to the nearest fifteen (15) minutes. Any time worked over eight(8) hours a day and forty(40) hours per week will be considered overtime. 10 12.4 Employees shall be entitled to take compensatory time in lieu of overtime pay, for hours worked over eight(8) hours per ( forty day, (40) hours per week, subject to the prior review and approval of their supervisor. Compensatory time shall be taken in pp p P rY the calendar year earned, and shall not be carried over to the subsequent year. Compensatory time may be accrued up to a maximum of forty(40) hours. Unused compensatory time shall be cashed out on the first a period of each year. p YP Y ARTICLE XIII. ON-CALL /CALL-BACK 13.1 On-Call 13.1.a. Public Works employees will regularly rotate being on-call during weekends and holidays and shall receive one (1) hour overtime for each day the employee is considered to be on-call. On-call pay is in addition to call-back pay. 13.1.b. Public Works employees shall receive on-call pay for weekends, holidays, or when designated as the Public Works emergency contact. Normally this duty is the responsibility of the Public Works Director. Employees need to be told they are on-call. 13.2 Call-Back 13.2.a. A Public Works employee who is called back to duty during his/her scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half(1-1/2)times the employee's regular rate of pay. Regular weekend Public Works duties such as pump checks shall also be compensated with the provision of three(3) hours pay for such work. Call-back which takes more than three (3) hours shall be compensated at one and one-half(1-1/2)times the employee's regular rate of pay. 13.2.b. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the three (3) hour minimum call- back pay. 13.3 Shift Differentials. In addition to the established rates of pay, the Employer shall pay an hourly premium of$1.25 to all employees for all hours worked outside of the normally scheduled work shift, when the employee works at least four(4) hours within that time span. Employees requesting work shifts outside the normally scheduled work shift are not eligible for shift differential. 13.4 Building Inspection Differential. In addition to the established rates of pay, the Employer shall pay an hourly premium of$3.00 to any employee for all hours worked performing the duties of a building inspector for the City. This differential shall not be extended to hours worked by a student for training purposes. 11 ARTICLE XIV. WORKING OUT OF CLASSIFICATION 14.1 Employees assigned by the Employer to assume the full responsibilities and authorities of a higher job classification for ten(10) or more working days shall receive the salary schedule of the higher classification. The additional pay starts after the tenth (10th)working day. ARTICLE XV. SALARY SCHEDULE 15.1 The salary schedule for employees under this Contract is outlined in Appendix A. 15.2 Wages shall increase by 3.25% effective January 1, 2002, January 1, 2003 and January 1, 2004. ARTICLE XVI. HOLIDAYS 16.1 Employer grants to each employee twelve (12) paid holidays per year. Paid holidays being as follows: New Year's Day Veteran's Day Martin Luther King, Jr. Day Thanksgiving Day President's Day Day after Thanksgiving Memorial Day Christmas Eve Independence Day Christmas Day Labor Day One (1)floating holiday as selected by the employee and subject to the approval of the supervisor. 16.2 Should a two-day holiday fall partially or fully on a weekend, those holidays shall be taken the day preceding the first holiday and the next workday following the second holiday. 16.3 Any employee required to work on a holiday listed in 16.1 shall receive an additional one-half(1/2)times pay for all hours worked on that shift in addition to regular pay and holiday pay. ARTICLE XVII. VACATIONS 17.1 The Employer grants to each employee paid vacation as per the following schedule: 0-5 years of service 10 working days per year(5/6 day per month) 6-10 years of service 15 working days per year(1-1/4 day per month) 11-15 years of service 20 working days per year(1-2/3 day per month) 16+ years of service one (1) additional day/year to a max. of 25 days/year 12 17.2 Employees shall earn vacation during the probationary period, but shall not use vacation leave without the approval of the Employer. 17.3 Employees shall accrue vacation leave to a maximum of forty(40)working days. 17.4 Vacation leave may be used as earned, provided that the supervisor shall approve the requested time. 17.5 Any employee leaving City employment shall receive unused accumulated vacation leave if said employee has given proper notice of fourteen (14)days. 17.6 In addition to the vacations set forth in Section 17.1, after two (2) years service with the City, regular employees shall be granted two (2) days personal leave with pay to take care of personal business that can only be taken care of during normal working hours. Said leave will be non-accumulative and subject to the prior approval of the supervisor. ARTICLE XVIII. SICK LEAVE 18.1 The Employer grants to each employee paid sick leave at the rate of one (1)day per month for each month of employment, or major fraction thereof. 18.2 Employees shall earn sick leave during the probationary period, but shall not use sick leave without the approval of the Employer. 18.3 The Employer may require a medical certificate for any sick leave absence exceeding three(3)working days. 18.4 Each employee, in order to be eligible for sick leave pay, shall report to the supervisor or his/her duly appointed assistant at his/her office, prior to the start of his/her scheduled shift, the reason for the use of the sick leave. 18.5 Each employee shall keep the department informed of his/her condition if an absence is more than one (1) day. 18.6 Each employee shall be allowed a maximum accumulation of one hundred forty- eight (148) days of sick leave. After the maximum accumulation is reached, each employee shall earn sick leave at the rate of one-half(1/2)day banked sick leave. Banked sick leave shall be used only after all of the employee's accumulated sick leave is exhausted. 18.7 For serious illness in the immediate family, sick leave shall be granted for a period not to exceed three (3)working days, with prior approval from the department head. Immediate family shall be defined under this clause as husband, wife, son, daughter, father, mother, sister, brother, father-or mother-in-law, step-father, step- mother, step-sister, step-brother, step-daughter or step-son. 13 ARTICLE XIX. BEREAVEMENT PAY 19.1 When necessary, and upon approval by the Employer, up to five (5)days of sick leave, with pay, will be used in case of death in the family. The degree of relationship includes husband, wife, son, daughter, father, mother, sister, brother, father-or mother-in-law, step-father, step-mother, step-sister, step-brother, step- daughter or step-son. ARTICLE XX. INSURANCE 20.1 Employees shall contribute toward the cost of dependent health insurance coverage at the amounts specified below. The Employer will pay the balance of the premium not paid by the employee for employee and dependent health insurance coverage. 2002 - $130.00 2003 - $140.00 2004 - $150.00 20.2 In the years 2002- 2004, employees shall pay appropriate co-payments, which have been agreed to by the employees of the City of Oak Park Heights. Oral contraceptives will be covered under the policy. There will be no employee cost for coverage. 20.3 The City shall provide a minimum life insurance policy of$50,000 for all eligible employees and pay the monthly premiums. 20.4 The Employer shall provide dental insurance for all employees and dependents and shall pay the premium due thereon. 20.5 Expense Accounts: During the duration of this Agreement, the Employer will explore the option of medical and day care flexible expense accounts. ARTICLE XXI. LEAVES OF ABSENCE 21.1 Personal Leave of Absence: Upon request of any employee, a leave of absence without pay may be granted by the City Administrator. Such leaves of absence shall not exceed a period of ninety(90) calendar days, provided that the leave may be extended beyond such period if the leave of absence is for continued disability, or other good and sufficient reasons, but in no case exceed one (1)year. Leaves of absence for medical reasons shall be granted with continued medical, health and dental contributions being made by the City for a period up to ninety(90) calendar days. After ninety(90) calendar days and up to one (1) year, group insurance shall be available to employees at employee expense. 14 ARTICLE XXII. FAMILY AND MEDICAL LEAVE ACT 22.1 An employee must have been employed by the City for at least twelve (12) months and have worked at least one thousand two hundred and fifty(1,250) hours in the twelve (12) months proceeding the commencement of the leave. An eligible employee is entitled to twelve (12)weeks leave during any twelve(12) month period commencing with the first date family or medical leave is taken for the following reasons: A. Birth of a son or daughter or placement of a son or daughter for adoption or foster care. Such leave may be taken within twelve (12) months after birth or placement. There is no maximum age limit for adoption or foster care placement. B. To care for a spouse, son, daughter, or parent who has a serious health condition. C. Because of a serious health condition making the employee unable to perform the essential functions of their positions. 22.2 Thirty(30)days written notice is required if the leave is foreseeable. Health insurance coverage will be maintained at the same level and under the same terms as if the employee continued working. Arrangements for payment of the employee's portion of the premium must be made by the employee through the personnel office. Family and medical leave may be taken in increments up to the full twelve (12)weeks and as small as one(1)hour, depending on the circumstances. Employees are eligible to draw down accumulated sick leave and vacation leave while on FMLA leave. After, FMLA leave shall be without pay. ARTICLE XXIII. TRAINING AND TUITION REIMBURSEMENT 23.1 The Department Head will post announcements of those special training schools to which employees may be sent. Selection of attendees will be made by the supervisor. In addition, employees may request to attend training to their supervisor. The supervisor and the City Administrator will approve or disapprove all training requests. The City shall pay the training costs, including the employee's salary, mileage, parking fee, if any, and meals if employee is unable to leave the training location for meal break while attending the approved training. If training is out of town, the City shall pay for meals and lodging in addition to the above listed expenses. The City will pay for those classes necessary to maintain such certifications as are required by the job. 23.2 The City shall reimburse one hundred percent(100%)of an employee's costs for tuition for educational classes, subject to the following conditions: A. Employees must have the approval of their supervisor to take any classes for which reimbursement is requested; 15 B. Employees must present written proof through a report card or similar method that they have passed the class, with a grade of"C" or higher or equivalent. C. Reimbursement will occur after the employee has presented proof of grade and/or passing to their supervisor. D. Education must be job related. ARTICLE XXIV. UNIFORMS AND EQUIPMENT 24.1 The City shall provide all necessary uniforms and equipment as needed to carry out the required duties for the City. 24.2 Uniforms damaged in the course of employment requirements shall be replaced b Y the City at no cost to the employee. ARTICLE XXV. SAFETY 25.1 The Employer adheres to the principle that employees should work in a safe environment. Accordingly, each employee has an obligation to observe safe working practices and to alert his/her supervisor to the existence of safety hazards. The City has an obligation to provide a safe work environment for employees which adhere to OSHA standards. ARTICLE XXVI. SEVERANCE PAY 26.1 All regular full-time employees who have completed ten (10) years of service with the City shall be entitled to fifty (50%) percent of the unused sick leave as severance pay, such payment not to exceed seventy-five (75)days maximum upon retirement or if they become disabled so that they must terminate their employment. 26.2 In the case of death, their beneficiary shall be entitled to their severance pay, regardless of the length of time an employee had worked, such payment not to eg 9t P Y exceed seventy-five (75)days maximum. Beneficiaries of the demised employees shall be entitled to one hundred percent(100%)of the severance pay the deceased employee was entitled to at the time of death. ARTICLE XXVII. INJURY ON DUTY 27.1 Any employee injured on duty shall receive up to twelve (12) months pay, without loss to any accrued sick leave or vacation leave, provided as follows: A. The employee reports the injury as soon as possible to the supervisor; B. The injury is of a nature which is covered by Worker's Compensation; J rY Y p 16 C. If requested and paid for by the Employer, the employee shall submit to an examination by a competent medical practitioner, including drug and alcohol screening; 9 D. The employee shall report the annual amount of worker's Compensation to the Employer. The Employer shall pay the employee the differences between Worker's Compensation and the employee's regular salary. ARTICLE XXVIII. LONGEVITY AND EDUATIONAL/ HEALTH &WELLNESS INCENTIVE PAY 28.1 The Employer agrees to pay longevity pay as per the following: A. Effective January 1, 1985: After four (4)years of service 3% of salary per month After eight(8)years of service 5% of salary per month After twelve (12)years of service 7% of salary per month After sixteen (16)years of service 9% of salary per month 28.2 As an alternate to longevity pay, the Employer agrees to pay an educational/health and wellness incentive pay as per the following: Salary Per Month Total After one(1)year of post-high school education 2% 2% After two (2) years of post-high school education 2% 4% After three (3)years of post-high school education 2% 6% After four(4)years of post-high school education 2% 8% A. The Employer agrees to pay an additional two percent(2%) if an employee receives a Masters Degree or completes an additional sixty(60) hours of accredited course work per year. B. At such time as an employee achieves fifty percent(50%) of the next year's goal, the employee would be entitled to the next percentage of salary increase (i.e., the employee who achieves 2 1/2 years of post-high school education is therefore entitled to six percent(6%)of salary per month). C. Fitness Pay: The physical tests shall consist of push-ups, sit-ups, and the 2-mile run, according to APFT Standards (Appendix B-1). The employee must complete each test with at least the minimum score for his/her age group and gender. A comparable alternative test would be allowed if an employee could not do a particular test due to a specific injury. Completion of all three physical tests with at least a minimum score and meeting height/weight standards (Appendix B-2)would entitle the employee to one percent(1%) of his/her salary per month. D. Wellness Pay: If an employee is smoke/tobacco free, he/she is entitled to one percent(1%) of his/her salary per month. If an employee uses tobacco, he/she shall lose one percent(1%)of his/her salary per month. 17 E. If an employee selects the educational/ health and wellness incentive as outlined above, that choice is irrevocable and the employee would no longer be entitled to receive longevity incentive pay. F. A maximum of ten percent (10%) additional pay may be earned through the educational/health and wellness incentive pay. ARTICLE XXIX. ADDITIONAL VACATION DAY 29.1 Any employee that maintains a sick leave balance of one hundred (100)days annually shall receive one (1) additional day's vacation per year. ARTICLE XXX. RIGHT OF SUBCONTRCT 30.1 Nothing in this agreement shall prohibit or restrict the right of the Employer from subcontracting work performed by employees covered in this Agreement. No bargaining unit employee shall be laid off as a result of any decision to contract work performed by bargaining unit employee; however, the Employer may contract bargaining unit work if an employee leaves City employment. ARTICLE XXXI. JURY DUTY 31.1 In the event an employee covered by this Agreement is called for jury duty or subpoenaed to appear as a witness in court, the employee shall give the Employer any payment received (less any meal or mileage allowance) in exchange for full wages from the Employer for any days the employee serves on jury duty. ARTICLE XXXII. DEFERRED COMPENSATION PLAN 32.1 The City may, from time to time, adopt a deferred compensation or retirement plan which is created due to the contribution of the employees of the City within a fund to be operated, managed, or administered by the City of its designees. Such a plan shall be adopted by resolution of the City Council from time to time, all at the discretion of the City Council. ARTICLE XXXIII. NON-DISCRIMINATION 33.1 No employee shall be discriminated against under the provisions of this Agreement by either the Employer or Union on any basis prohibited by law. 33.2 This Agreement shall comply with the Americans with Disabilities Act. 18 . • . ARTICLE XXXIV. WAIVER 34.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment to the extent inconsistent with the provision of the Agreement are hereby superseded. 34.2 The parties mutually acknowledge that during the negotiations, which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived 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 waive the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this agreement, even though such terms and conditions may not have been within the knowledge or contemplation of either or both parties at the time this Agreement was negotiated or executed. ARTICLE XXXV. DURATION 35.1 This Agreement shall be in effect from January 1, 2002 and shall remain in full force and effect until the thirty-first(31st)day of December, 2004 or until a new contract is signed with the exclusive representative of the Employer. For For CITY •F O , . - ' '4 HEIGHTS AFSCME COUNCIL 14, LOCAL 517 ® '_Adi t+ ":'''� Busi ess Agent David Beaudet Cynthia M. Nelson i ti A ting City J•mi istra r U n Steward Kimberly Kamper Ju A. Hultman 19 APPENDIX A Salary Schedule Effective January 1, 2002 Police Dispatcher/Secretarial Annual $27,609 $31,553 $35,497 $39,441 Public Works Operator Utility Billing Accountant Secretarial Monthly $2,301 $2,629 $2,958 $3,287 Hourly $13.27 $15.17 $17.07 $18.96 Public Works Foreman Annual $30,717 $35,105 $39,493 $43,881 Monthly $2,560 $2,925 $3,291 $3,657 Hourly $14.77 $16.88 $18.99 $21.10 Building Official Annual $40,040 $45,760 $51,480 $57,200 Monthly $3,337 $3,813 $4,290 $4,767 Hourly $19.25 $22.00 $24.75 $27.50 Sala schedule Effective Janua 1, 2003 Police Dispatcher/Secretarial Annual $28,506 $32,578 $36,651 $40,723 Public Works Operator Utility Billing Accountant Secretarial Monthly $2,375 $2,715 $3,054 $3,394 Hourly $13.70 $15.66 $17.62 $19.58 Public Works Foreman Annual $31,715 $36,246 $40,776 $45,307 Monthly $2,643 $3,020 $3,398 $3,776 Hourly $15.25 $17.43 $19.60 $21.78 Building Official Annual $41,341 $47,247 $53,153 $59,059 Monthly $3,445 $3,937 $4,429 $4,922 Hourly $19.88 $22.72 $25.55 $28.39 Sala Schedule Effective Janua 1, 2004 °M Police Dispatcher/Secretarial Annual $29,432 $33,637 $37,842 $42,046 Public Works Operator Utility Billing Accountant Secretarial Monthly $2,453 $2,803 $3,153 $3,504 Hourly $14.15 $16.17 $18.19 $20.21 Public Works Foreman Annual $32,746 $37,424 $42,102 $46,780 Monthly $2,729 $3,119 $3,508 $3,898 Hourly $15.74 $17.99 $20.24 $22.49 Building Official Annual $42,685 $48,783 $54,881 $60,978 Monthly $3,557 $4,065 $4,573 $5,082 Hourly $20.52 $23.45 $26.38 $29.32 20 r APPENDIX B-1 NEW APFT STANDARDS PUSH-UPS AGE MALE FEMALE GROUP MIN MAX MIN MAX 17-21 42 71 19 42 22-26 40 75 17 46 27-31 39 77 17 50 32-36 36 75 15 45 37-41 34 73 13 40 42-46 30 66 12 37 47-51 25 59 10 34 52-56 20 56 9 31 57-61 18 53 8 28 62+ 16 50 7 25 SIT-UPS AGE MALE & FEMALE GROUP MIN MAX 17-21 53 78 22-26 50 80 27-31 45 82 32-36 42 76 37-41 38 76 42-46 32 72 47-51 30 66 52-56 28 66 57-61 27 64 62+ 26 63 2-MILE RUN AGE MALE FEMALE GROUP MIN MAX MIN MAX 17-21 15:54 13:00 18:54 15:36 22-26 16:36 13:00 19:36 15:36 27-31 17:00 13:18 20:30 15:48 32-36 17:42 13:18 21:42 15:54 37-41 18:18 13:36 22:42 17:00 42-46 18:42 14:06 23:42 17:24 47-51 19:30 14:24 24:00 17:36 52-56 19:48 14:42 24:24 19:00 57-61 19:54 15:18 24:48 19:42 62+ 20:00 15:42 25:00 20:00 21 f t APPENDIX B-2 DESIRABLE WEIGHT RANGES MALE FEMALE HEIGHT WEIGHT HEIGHT WEIGHT 5' 4" 117-163 5' 0" 96-138 5' 5" 120-167 5' 1" 99-141 5' 6" 124-173 5' 2' 102-144 5' 7" 128-178 5' 3" 105-149 5' 8" 132-183 5' 4" 108-152 5' 9" 136-187 5' 5" 111-156 5' 10" 140-193 5' 6" 114-161 5' 11" 144-198 5' 7" 118-165 6' 0" 148-204 5' 8" 122-169 6' 1" 152-209 5' 9" 126-174 6' 2" 156-215 5' 10" 130-179 6' 3" 160-220 5' 11" 134-185 6' 4" 169-231 6' 0" 138-190 6' 5" 174-238 22 LABOR AGREE EN,.4. BETWEEN THE CITY OF OAK PARK HEIGHTS AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 POLICE DEPARTMENT icor JANUARY 1, 1999 THROUGH DECEMBER 31, 2001 . • • INDEX ARTICLE PAGE I PURPOSE OF AGREEMENT 1 II RECOGNITION 1 III DEFINITIONS 2 IV EMPLOYER SECURITY 3 V EMPLOYER AUTHORITY 3 VI UNION SECURITY 3 VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 4 VIII SAVINGS CLAUSE 6 IX SENIORITY 6 X DISCIPLINE 7 XI CONSTITUTIONAL PROTECTION 8 XII WORK SCHEDULE 8 XIII OVERTIME 8 XIV COURT TIME 9 XV CALL BACK 9 XVI WORKING OUT OF CLASSIFICATION 9 XVII SALARY SCHEDULE 9 XVIII HOLIDAYS 9 XIX VACATIONS 10 XX SICK LEAVE 11 XXi FALSE ARREST INSURANCE 11 XXII HEALTH INSURANCE 12 XXIII TRAINING 12 XXIV CLOTHING ALLOWANCE 12 XXV SAFETY 12 XXVI UNION MEETINGS 13 XXVII SEVERANCE PAY 13 XXVIII INJURY ON DUTY 13 XXIX INCENTIVE PAY 13 XXX EXTRA VACATION PAY 15 XXXI SHIFT DIFFERENTIAL PREMIUM 15 )(XXII DENTAL INSURANCE 15 XXXIII JURY DUTY 15 )(XXIV WAIVER 15 XXXV DURATION 16 APPENDIX A-1 17 APPENDIX A-2 17 APPENDIX A-3 17 APPENDIX A-4 17 APPENDIX B-1 18 APPENDIX B-2 19 r- 411 • LABOR AGREEMENT BETWEEN THE CITY OF OAK PARK HEIGHTS AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL NO. 320 ARTICLE I. PURPOSE OF AGREEMENT This agreement is entered into as of January 1, 1999, between the City of Oak Park Heights, hereinafter called the Employer, and the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320, hereinafter called the Union. It is the intent and purpose of this Agreement to: 1.1 Assure sound and mutually beneficial working and economic relationships between the parties hereto; 1.2 Establish procedures for the resolution of disputes concerning the agreement's interpretation and/or application; and 1.3 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. The Employer and the Union, through this agreement, shall continue their dedication to the highest quality police service and protection to the residents of Oak Park Heights. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE II. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, Section 179A.03, Subd. 14 for police personnel in the following job classifications. POLICE OFFICER POLICE INVESTIGATOR 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion in the bargaining unit of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. 1 • • ARTICLE III. DEFINITIONS 3.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.2 UNION MEMBER: A member of the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The City of Oak Park Heights Police Department. 3.5 EMPLOYER: The City of Oak Park Heights. 3.6 CHIEF: The Chief of the Oak Park Heights Police Department. 3.7 UNION OFFICER: Officer elected or appointed by the Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320. 3.8 OVERTIME: Work performed at the express authorization of the Employer in excess of the employee's scheduled shift. 3.9 SCHEDULED SHIFT: A consecutive work period, eight (8) hours in length, including two (2) fifteen minute rest breaks and a thirty minute lunch break. 3.10 REST BREAK: Two (2) fifteen minute periods during the scheduled shift during which the employee remains on a continual duty and is responsible for assigned duties. 3.11 LUNCH BREAK: A thirty minute period during the scheduled shift during which the employee remains on a continual duty and is responsible for assigned duties. 3.12 STRIKE: Concerted action in failing to report for duty,the willful absence from one's position, the stoppage of work, slow-down or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of including, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. 3.13 PROBATIONARY PERIOD: That one (1) year period of time from the employee's date of hire until he/she becomes a permanent employee. 3.14 BASE PAY RATE: That wage rate paid to the employee exclusive of such payments as overtime, longevity, educational incentive, or other fringe benefits 2 • s • . premium payments. P Pa Y ARTICLE IV. EMPLOYER SECURITY 4.1 The Union agrees that during the life of this Agreement, it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with the normal functions of the Employer. 4.2 Any employee who engages in a strike may have his/her appointment or employment terminated by the Employer effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee. An employee who is absent from any portion of his/her work assignment without permission, or who abstains wholly or in part from the full performance of his/her duties without permission from his/her Employer on the date or dates when a strike occurs in prima fade presumed to have engaged in a strike and such date or dates. An employee who knowingly strikes and whose employment has been terminated for such action may, subsequent to such violation, be appointed or reappointed or employed or re-employed, but such employee shall be on probation for two (2) years with respect to such civil service status, tenure of employment or contract of employment, as he/she may have heretofore been entitled. No employee shall be entitled to any daily pay, wages, or per diem for the days on which he/she engaged in a strike. ARTICLE V. EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all manpower,facilities and equipment;to establish functions and programs;to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. ARTICLE VI. UNION SECURITY 6.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing, an amount necessary to cover monthly Union dues, or a "fair share" deduction, as provided in Minnesota State Statute 179.65, Subd. 2, if the 3 t „ 11111 employee elects not to become a member of the Union. Such monies shall be remitted as directed by the Union. 6.2 The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. 6.3 The Employer shall make space available on the employee bulletin board for the posting of 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 VII. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Definition of a Grievance. A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 7.2 Union Representatives. The Employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names 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 in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Union Representative 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 of the Employer. 7.4 Procedure. Grievance, as defined in Section 7.1, shall be resolved in conformance with the following procedure: Step 1: An employee claiming a violation concerning the interpretation or 4 • • • application of this Agreement shall, within twenty-one(21)calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2: If appealed, the written grievance shall be presented by the Union and discussed with the Employer designated Step 2 representative. The Employer designated representative shall give the Union the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer designated representative'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. Step 3: If appealed, the written grievance shall be presented by the Union and discussed with the Employer designated Step 3 representative. The Employer designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer designated representative's final answer in Step 3. Any Grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4: A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the rules of the Bureau of Mediation Services. 7.5 Arbitrator's Authority: A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. 5 • t \ 110 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 and regulations having the force and effect of law. The arbitrator's decisions shall be submitted in writing within thirty(30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 7.6 Waiver. If a grievance is not presented within the time limits set forth above, it shall be considered 'waived.' If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union at each step. ARTICLE VIII. SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Oak Park Heights. In the event any provision of this Agreement shall be held to be contrary to law or 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 provisions may be renegotiated at the written request of either party. ARTICLE IX. SENIORITY 9.1 Seniority shall be determined by the employee's length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Employer on the basis of time in grade and time within a specific classification. 9.2 During the probationary period a newly hired or rehired employee may be 6 . . discharged at the sole discretion of the Employer. During the probationary period a promoted or reassigned employee may be replaced in his previous position at the sole discretion of the Employer. 9.3 A reduction of the work force will be accomplished on the basis of seniority. Employees shalt be recalled from layoff on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two (2) years of the time of his/her layoff before any new employee is hired. 9.4 Vacation periods shall be selected on the basis of seniority until March 15th of each calendar year. 9.5 Seniority shall prevail. Seniority qualified employees shall have first preference on the job. ARTICLE X. DISCIPLINE 10.1 The Employer will discipline employees for just cause only. Discipline will be in the form of: a . Oral reprimand; b. Written reprimand; c. Suspension; d. Demotion; or e. Discharge. 10.2 Suspensions, demotions and discharges will be in written form. 10.3 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 will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Discharges will be preceded by a five (5) day suspension without pay. 10.6 Employees will not be questioned concerning an investigation of disciplinary action unless they have advised that they have the opportunity to have a Union Representative present at such questioning. 7 O i • 10.7 Grievances relating to the Article shall be initiated by the Union in Step 2 of the grievance procedure under Article VII. ARTICLE XI. CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE XII. WORK SCHEDULE 12.1 The normal work year is two thousand and eighty (2,080) hours, to be accounted for by each employee through: a) scheduled hours of work in assigned shifts; b) assigned training; c) authorized leave time; d) holidays. 12.2 Holidays and authorized leave time are to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign employees. ARTICLE XIII. OVERTIME 13.1 Employees will be compensated at one and one-half (11/2) times the employee's regular base pay rate for hours in excess of the Employee's regularly scheduled shift. Changes of shift do not qualify an employee for overtime under this Article. Compensatory time (at time and one-half) may be taken, at the option of the employee, as payment for overtime worked in lieu of money. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will, for record purposes under Section 13.2, be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 13.5 Overtime will be calculated to the nearest fifteen (15) minutes. 13.6 Employees have an obligation to work overtime or call backs if requested by the 8 • Employer unless unusual circumstances prevent the employee from so working. 13.7 The use of compensatory time is subject to the prior review and approval of the Chief of Police. Compensatory time may be accrued up to a maximum of forty (40) hours. Unused accumulated compensatory time shall be cashed out on December 15"' of each year. ARTICLE XIV. COURT TIME An employee who is required to appear in Court during his/her scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half (1%) times the employee's base rate of pay. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the three (3) hour minimum. If a court appearance is canceled with less than two (2) business days notice, the employee shall receive two (2) hours pay at one and one-half(1%) times the employee's base rate of pay. If a court appearance is canceled with less than one (1) days notice, the employee shall receive three (3) hours pay at one and one-half (1%) times the employee's base rate of pay. ARTICLE XV. CALL BACK An employee who is called back to duty during his scheduled off-duty time shall receive a minimum of three(3)hours pay at one and one-half(1%)times the employees base rate of pay. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the three (3) hour minimum. ARTICLE XVI. WORKING OUT OF CLASSIFICATION Employees assigned by the Employer to assume the full responsibilities and authorities of a higher job classification for five (5) consecutive working days or more shall receive the salary schedule of the higher classification. ARTICLE XVII. SALARY SCHEDULE The salary schedule for employees under this contract, will be as in Appendix A; using the scale of three (3) years to reach the top salary in four (4) steps. ARTICLE XVIII. HOLIDAYS 18.1 Employer grants to each employee twelve (12) paid holidays per year at their base pay rate (base monthly pay divided by 173 hours x 8 hours x 12 holidays). Paid 9 • holidays being as follows: New Years Day Columbus Day Martin Luther King Day Veterans Day Presidents Day Labor Day Memorial Day Thanksgiving Day Independence Day Christmas Day Two (2) Floating days selected by the employee and subject to the approval of the Chief of Police. 18.2 Any employee required to work on any holiday listed in 18.1 above shall receive an additional one-half ('/) times pay for all hours worked on that shift in addition to regular pay and holiday pay. 18.3 Said holiday pay shall be issued on the first regular pay day in December of each year. ARTICLE XIX. VACATIONS 19.1 The Employer grants to each employee paid vacation as per the following schedule: 0 through 5 years of service 10 working days per year (5/6 day per month) 6 through 10 years of service 15 working days per year(1%day per month) 11 through 15 years of service 20 working days per year(1% day per month) 16 and over years of service One (1) additional day per year to a maximum • of 25 days per year. 19.2 Employees shall earn vacation during the probationary period, but shall not use vacation leave without the approval of the Employer. 19.3 Employees shall accrue vacation leave to a maximum of forty (40) working days. 19.4 Vacation leave may be used as earned, provided that the Chief of Police shall approve the requested time. 19.5 Any employee leaving City employment shall receive unused accumulated vacation leave if said employee has given proper notice [fourteen (14) days). 19.6 In addition to the vacations set forth above, after two (2) years of service, permanent employees shall be granted two(2)days personal leave with pay to take care of personal business that can only be taken care of during normal working 10 • • hours. Said leave will be non-accumulative and subject to prior approval of the Chief of Police. Personal leave may be taken in blocks of two (2) hours or more. ARTICLE XX. SICK LEAVE 20.1 The Employer grants to each employee paid sick leave at the rate of one (1) day per month for each month of employment, or major fraction thereof. 20.2 Employees shall earn sick leave during the probationary period, but shall not use sick leave without the approval of the Employer. 20.3 The Employer may require a medical certificate for any sick leave absence exceeding three (3) working days. 20.4 Each employee, in order to be eligible for sick leave pay, shall report to the Chief of Police or his/her duly appointed assistant at his/her home or office, prior to the start of his/her scheduled shift the reason for the use of the sick leave. 20.5 Each employee shall keep the department informed of his/her condition if the absence is of more than one (1) day. 20.6 Each employee shall be allowed a maximum accumulation of one hundred forty eight (148) days of sick leave. After the maximum accumulation is reached, each employee shall earn sick leave at the rate of one-half (%) day banked sick leave. Banked sick leave shall be used only after all of the Employee's accumulated sick leave is exhausted. 20.7 Sick leave shall be used normally for absences from duty because of personal illness or legal quarantine of the employee, or because of serious illness in the immediate family. Immediate family shall mean brother, sister, parent, parents-in- law, or spouse of the employee. Sick leave shall be used for employee's children on the same terms the employee is able to use sick leave for the employee's own illness, pursuant to Minn. Stat. §181.9413. 20.8 When necessary and upon approval by the Employer, up to five (5) days of sick leave with pay shall be used in case of death in the family. The degree of relationship includes spouse, parents, spouse's parents, children, brothers and sisters, brothers-in-law, sisters-in-law, grandparents, grandchildren, and step- children. ARTICLE XXI. FALSE ARREST INSURANCE The Employer will contribute twenty-five dollars ($25.00) per year per employee toward 11 • I Team Legal, the Teamsters Legal Defense Fund. ARTICLE XXII. HEALTH INSURANCE 22.1 Effective in the year 1996, there will be a $10.00 co-pay per office visit, and a $25.00 co-pay per hospital outpatient visit, which the employees will pay. Oral contraceptives will be covered under the policy. There will be no employee cost for coverage. 22.2 Effective January 1, 1999, the Employee shall contribute$115.00 per month toward the cost of dependent health coverage for the term of this Agreement. The Employer shall pay the balance of the premium not paid by the employee for employee and dependent health insurance coverage. ARTICLE XXIII. TRAINING The Employer will post announcements of those special training schools to which employees may be sent. Selection of attendees will be made by the Chief of Police. ARTICLE XXIV. CLOTHING ALLOWANCE 24.1 The Employer agrees to provide each new employee with a complete uniform and all necessary equipment needed to carry out the required duties of a Police Officer for the City of Oak Park Heights. If an employee does not complete the required probationary period, all uniforms and equipment will be returned to the Employer before the employee receives his final payroll check. 24.2 The Employer agrees to provide each employee with an annual clothing allowance as follows: $615.00 per year. The voucher system will be re-established and a provision will be added that dry cleaning bills can be submitted and approved as a part of the uniform allowance. 24.3 Clothing damaged in the line of duty to be replaced by the Employer at no cost to the employee. ARTICLE XXV. SAFETY The employee adheres to the principle that employees should work in a safe environment. Accordingly, each employee has an obligation to observe safe working practices and to alert his/her supervisor to the existence of specific safety hazards. 12 • • ARTICLE XXVI. UNION MEETINGS An employee may not attend union meetings during his/her normally scheduled shift without prior approval of the Employer. ARTICLE XXVII. SEVERANCE PAY All permanent employees who have completed ten (10)years of service with the City shall be entitled to fifty percent(50%)of the unused sick leave as severance pay, such payment not to exceed 75 days maximum upon retirement or if they become disabled so they must terminate their employment. In the case of death, their beneficiary shall be entitled to their severance pay, such payment not to exceed fifty (50) days maximum. Beneficiaries of the demised employees shall be entitled to receive One hundred percent (100%) of the severance pay the deceased employee was entitled to at the date of his death. ARTICLE XXVIII. INJURY ON DUTY Any employee injured on duty shall receive up to twelve (12) months pay without loss to any accrued sick leave or vacation leave provided as follows: a. The employee reports the injury as soon as possible to the Chief of Police; b. The injury is of a nature which is covered by Workers Compensation; c. If requested and paid for by the Employer, the employee shall submit to an examination by a competent medical practitioner; d. The employee shall report the amount of Workers Compensation to the Employer. The Employer shall pay the employee the differences between Workers Compensation and the employee's regular salary. ARTICLE XXIX. INCENTIVE PAY 29.1 The Employer agrees to pay ,incentive pay based upon longevity as per the following: Effective January 1, 1985: After four (4) years of service 3% of salary of month After eight (8) years of service 5% of salary of month After twelve (12) years of service 7% of salary of month After sixteen (16) years of service 9% of salary of month 13 • S 29.2 As an alternative to incentive pay based up on longevity, the employer agrees to pay educational incentive pay and fitness/wellness pay as per the following: SALARY PER MONTH TOTAL After one (1) year of post- 1% 1% high school education After two (2) years of post- 1% 2% high school education After three (3) years of 2% 4% post-high school education After four (4) years of post- 2% 6% high school education The employer agrees to pay an additional two percent (2%) if an employee receives a Masters Degree, graduates from the FBI Academy, or completes sixty (60) hours of additional accredited course work per year. At such time as an employee achieves fifty percent (50%) of the next year's goal, the employee would be entitled to the next percentage of salary increase (i.e., the employee who achieves 2%years of post-high school education is therefore entitled to four percent [4%) of salary per month). Fitness/Wellness Pay Fitness: The physical tests shall consist of push-ups, sit-ups, and the 2 mile run according to APFT Standards (see Appendix B-1). The officer must complete each test with at least the minimum score for his/her age group and sex. A comparable alternative test would be allowed if an employee could not do a particular test due to a specific injury. Completion of all three physical tests with at least a minimum score and meeting height/weight standards(see Appendix B-2)would entitle the employee to one percent(1%)of salary per month. Wellness: If an employee is completely smoke/tobacco free, he/she is entitled to one percent (1%) of salary per month; if an employee smokes, he/she shall lose one percent (1%) of salary per month. If an employee elects the alternative incentive pay program as set forth above, the elect is irrevocable, and the employee would no longer be entitled to receive incentive pay based upon longevity. 14 • S r ARTICLE XXX. EXTRA VACATION DAY Any employee that maintains a sick leave balance of 100 days annually shall receive one (1) additional day's vacation per year. ARTICLE XXXI. SHIFT DIFFERENTIAL PREMIUM The afternoon shift shall receive $1.25 per shift differential, and the evening shift shall receive $1.75 per shift differential with no set times being established for the commencement of the shifts. ARTICLE XXXII. DENTAL INSURANCE The Employer shall provide dental insurance on all employees and dependents and shall pay 100% of the premium due thereon. ARTICLE XXXIII. JURY DUTY In the event a employee covered by this Agreement is called for Jury Duty, the employee shall give the Employer any payment received (less any meal or mileage allowance) in exchange for full wages from the Employer for any days the employee serves on Jury Duty. ARTICLE XXIV. WAIVER 34.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment to the extent inconsistent with the provisions of the Agreement are hereby superseded. 34.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms and conditions may not have been within the knowledge or contemplation of either or both parties at the time this Agreement was negotiated or executed. 15 r ARTICLE XXXV. DURATION This Agreement shall be in effect from January 1, 1999, and shall remain in full force and effect until the thirty-first day of December, 2001, or until a new contract is signed with the exclusive representative of the Police Department. N WITNES WHEREOF, the parties hereto have executed this Agreement on this day of !JJa17i/�l , 1999. THE CITY OF OAK PARK HEIGHTS TEAMSTERS LOCAL #320 4 . . ‘41‘424L--- Mayor Paula Johnston, Business Agent Attest: City Administrator teward 16 • • APPENDIX A-1 SALARY SCHEDULE EFFECTIVE JANUARY 1, 1999, FOR POLICE OFFICERS Year 1 $2,790.00 (70% of Top Patrol) Year 2 $3,190.00 (80% of Top Patrol) Year 3 $3,585.00 (90% of Top Patrol) Year 4 $3,985.00 Top Patrol APPENDIX A-2 SALARY SCHEDULE EFFECTIVE, JANUARY 1, 2000, FOR POLICE OFFICERS Year 1 $2,875.00 (70%70% of ( Top Patrol) Year 2 $3,285.00 (80% of Top Patrol) Year 3 $3,695.00 (90% of Top Patrol Year 4 $4,105.00 Top Patrol APPENDIX A-3 SALARY SCHEDULE EFFECTIVE, JANUARY 1, 2001, FOR POLICE OFFICERS Year 1 $2,960.00 (70% of Top Patrol) Year 2 $3,385.00 (80% of Top Patrol) Year 3 $3,805.00 (90% of Top Patrol) Year 4 $4,230.00 Top Patrol APPENDIX A-4 SALARY SCHEDULE EFFECTIVE JANUARY 1, 1999 FOR THE DURATION OF THE AGREEMENT FOR THE POSITION OF INVESTIGATOR SHALL BE FIVE PERCENT(5%) OVER WHATEVER THE OFFICERS' SALARY WOULD BE WERE THEY NOT AN INVESTIGATOR. 17 I • • APPENDIX B-1 NEW APFT STANDARDS SIT-UPS PUSH-UPS - AGE MALE/FEMALE AGE MALE FEMALE GROUP GROUP - MIN MAX MIN MAX MIN MAX 17-21 53 78 17-21 42 71 19 42 - 22-26 50 80 22-26 40 75 17 46 27-31 45 82 27-31 39 77 17 50 32-36 42 76 32-36 36 75 15 45 37-41 34 73 13 40 37-41 38 76 42-46 30 66 12 37 42-46 32 72 47-51 25 59 10 34 47-51 30 66 52-56 20 56 9 31 52-56 28 66 57-61 18 53 8 28 57-61 27 64 62+ 16 50 7 25 62+ 26 63 2-MILE RUN AGE MALE FEMALE GROUP - MIN MAX MIN MAX 17-21 15:54 13:00 18:54 15:36 22-26 16:36 13:00 19:36 15:36 27-31 17:00 13:18 20:30 15:48 32-36 17:42 13:18 21:42 15:54 37-41 18:18 13:36 22:42 17:00 42-46 18:42 14:06 23:42 17:24 47-51 19:30 14:24 24:00 17:36 52-56 19:48 14:42 24:24 19:00 57-61 19:54 15:18 24:48 19:42 62+ 20:00 15:42 25:00 20:00 18 • APPENDIX B-2 DESIRABLE WEIGHT RANGES MALES FEMALES HEIGHT WEIGHT HEIGHT WEIGHT 5'4" 117- 163 5'0" 96- 138 5'5" 120- 167 5' 1" 99- 141 5'6" 124- 173 5'2" 102- 144 5' 7" 128- 178 5'3" 105- 149 5' 8" 132- 183 5'4" 108- 152 5' 9" 136- 187 5' 5" 111 - 156 5' 10" 140- 193 5'6" 114- 161 5' 11" 144- 198 5'7" 118- 165 6' 0" 148-204 5'8" 122- 169 6' 1" 152-209 5'9" 126- 174 6'2" 156-215 5' 10" 130-179 6 3 160-220 5 11 134- 185 6'4" 169-231 6' 0" 138-190 6'5" 174-238 19