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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.
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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.
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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
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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
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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.
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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.
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.
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
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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.
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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.
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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.
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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
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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.
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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
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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
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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.
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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
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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
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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
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premium payments.
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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
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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.
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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
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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.
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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.
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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
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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
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