LABOR AGREEMENT
BETWEEN
THE CITY OF ROBBINSDALE,MINNESOTA
AND
LAW ENFORCEMENT LABOR SERVICES,INC.
LOCAL NO. 179
(POLICE PATROL)
JANUARY 1, 2020 - DECEMBER 31,2021 TABLE OF CONTENTS
ARTICLE I - PURPOSE OF AGREEMENT 1
ARTICLE II - RECOGNITION 1
ARTICLE III - DEFINITIONS 1
ARTICLE IV - EMPLOYER SECURITY 3
ARTICLE V - EMPLOYER AUTHORITY 3
ARTICLE yi - UNION SECURITY 3
ARTICLE VII - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 3
ARTICLE VIII - SAVINGS CLAUSE 6
ARTICLE IX- SENIORITY 6
ARTICLE X - DISCIPLINE 6
ARTICLE XI - CONSTITUTIONAL PROTECTION 7
ARTICLE XII - WORK SCHEDULES 7
ARTICLE XIII - OVERTIME 8
ARTICLE XIV - STANDBY PAY 8
ARTICLE XV - COURT TIME 8
ARTICLE XVI - CALL BACK TIME 9
ARTICLE XVII - WORKING OUT OF CLASSIFICATION 9
ARTICLE XVIII - LONGEVITY AND EDUCATIONAL INCENTIVE PAY 9
ARTICLE XIX - JURY DUTY PAY 10
ARTICLE XX - SICK LEAVE 10
ARTICLE XXI - SEVERANCE PAY 11
ARTICLE XXII - FUNERAL LEAVE 12
ARTICLE XXIII - INJURY ON DUTY 12 ARTICLE XXIV - HOLIDAYS 12
ARTICLE XXV - VACATION 13
ARTICLE XXVI - LEAVE WITHOUT PAY 14
ARTICLE XXVII - UNIFORMS 14 ARTICLE XXVIII - WAIVER 15 ARTICLE XXIX - DURATION 16 APPENDIX A 17 LABOR AGREEMENT BETWEEN THE CITY OF ROBBINSDALE, MINNESOTA AND LAW ENFORCEMENT LABOR SERVICES,INC., LOCAL NO. 179
ARTICLE I - PURPOSE OF AGREEMENT
This AGREEMENT is entered into as of January 1, 2020 between the City of Robbinsdale, Minnesota hereinafter called the EMPLOYER,and the LAW ENFORCEMENT LABOR SERVICES,INC., LOCAL NO. 179, hereinafter called the UNION.
It is the intent and purpose of this AGREEMENT to:
1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and
1.2 Place in written form the parties' agreement upon 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 Statutes, Section 179.71, Subdivision 3, for all police personnel in the followingjob classifications: Police Officer Investigator/Detective
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: The Law Enforcement Labor Services, Inc., Local No. 179.
3.2 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc., Local No. 179.
3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit.
3.4 DEPARTMENT: The Robbinsdale Police Department.
3.5. EMPLOYER: The City of Robbinsdale, Minnesota.
1 3.6 CHIEF: The Chief of the Robbinsdale Police Department.
3.7 UNION OFFICER: Officer elected or appointed by the Law Enforcement Labor Services, Inc., Local No. 179.
3.8 INVESTIGATOR/DETECTIVE: An employee specifically assigned or classified by the EMPLOYER to the job classification and/or job position of INVESTIGATOR/DETECTIVE.
3.9 OVERTIME: Work performed at the express authorization of the EMPLOYER in excess of the employee's scheduled shift.
3.10 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break.
3.11 REST BREAKS: Periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties.
3.12 LUNCH BREAKS: A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties.
3.13 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 faithful and proper performance of the duties ofemployment for the purpose of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment.
3.14 POST RETIREMENT HEALTH CARE SAVINGS PLAN: The City will implement the Minnesota State Retirement System Post Retirement Health Care Savings Plan (PRHCSP), which allows employees to save money on a pre-tax basis to pay medical expenses and/or health insurance premiums after termination of public service. Employees will be able to choose among several investment options provided by the State Board of Investment. This plan is pursuant to Minnesota Statutes §352.98.
The Mirmesota State Retirement System will determine all provisions of this plan and an employee will deal directly with the State Retirement System on all account matters. The City's responsibility will be to process the initial employee enrollment in the plan and to forward the appropriate employee contributions.
The mandatory employee contribution into the PRHCSP will be according to sections 21.4 and 25.6. ARTICLE IV - EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT that the UNION 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.
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. 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 posting 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. The aggrieved EMPLOYEE and the 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 programs of the EMPLOYER.
7.4 PROCEDURE Grievances, as defined by 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 provision or provisions of the AGREEMENT allegedly violated, and the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representatives 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 unsolved 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 established by the State 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.
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 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 this AGREEMENT and to the facts of the grievance presented.
C. The fees and expenses for the arbitrator's services and proceedings shall be bome equally 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 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 VIII - SAVINGS CLAUSE
This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Robbinsdale. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision 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 as a sworn police officer with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specified classification(s).
9.2 During the 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 reassigned employee may be replaced in his or her previous position at the sole discretion of the EMPLOYER.
9.3 A reduction of 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 the opportunity to return to work within two years of the time of his or her layoff before any new employee is hired.
9.4 Senior employees will be given preference with regard to transfer,job classification assignments and promotions when the job-relevant qualifications of employees are equal.
9.5 Senior qualified employees shall be given shift assignment preference after eighteen (18) months of continuous full-time employment.
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 will be in written form. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employees personnel file shall be read and acknowledged by signature of the employee. Employees and the UNION 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 the employee has been given an opportunity to have a UNION representative present at such questioning.
10.7 Grievances relating to this Article shall be initiated by the UNION in Step 3 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 Constitutions.
ARTICLE XII - WORK SCHEDULES
12.1 The normal work year is two thousand and eighty hours (2080)to be accounted for by each employee through: a) hours worked on assigned shifts; b) holidays; c) assigned training; d)authorized leave time.
12.2 Holidays and authorized leave time is 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.
12.4 Excluding normal training, Employees required by the EMPLOYER to report for a work shift with less than twelve hours between employees work shifts will receive time and one half for the time worked within that twelve-hour period. Over-time compensation for training will not be compensated for until EMPLOYEE has fulfilled the obligation of the normal work year. ARTICLE XIII - OVERTIME
13.1 All hours deemed as eligible for payment at overtime rates shall be paid at one and one-half(l )times the base rate of pay or taken as compensatory time off at one and one half(1 '/a) times the overtime period worked as so directed by the Chief of Police. Changes of shifts do not qualify an employee for overtime under this article.
Compensatory time may be accumulated to and carried over to a maximum balance of sixty(60) hours. Employer allows option to cash out comp time twice each year April 15^^ and October 15'^
13.2 Overtime will be distributed as equally as practicable.
13.3 Overtime refused by employees will for record purposes under Article 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 the obligation to work overtime or call backs if requested by the EMPLOYER unless unusual circumstances prevent the employee from so working.
ARTICLE XIV - STANDBY PAY
Employees required by the EMPLOYER to standby shall be paid for such standby time at the rate of one hour's pay for each hour on standby.
ARTICLE XV - COURT TIME
An employee who is required to appear in Court during his or her scheduled off-duty time shall receive a minimum of three (3) hours' pay at one and one-half (1 Vz) times the employee's base pay rate or taken as equivalent compensatory time off subject to approval of Chief of Police or designee. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the three(3) hour minimum.
The employee is responsible to contact the EMPLOYER to verify scheduled court appearance. If employee contacts EMPLOYER at 5:00 p.m. or later for a court appearance scheduled on the next day and court has not been canceled at time of employee contact but is subsequently canceled, employee is eligible for a payment equal to three hours straight time or taken as two hours compensatory time subject to approval of Chief of Police or designee. ARTICLE XVI - CALL BACK TIME
An EMPLOYEE who is called to duty during his/her scheduled off-duty time shall receive a minimum of three hours (3) pay at one and one-half (1 V2)times the employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the three (3) hour minimum.
ARTICLE XVII - WORKING OUT OF CLASSIFICATION
17.1 Employees assigned by the EMPLOYER to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the higher classification for the duration of the assignment.
17.2 In the case where no sergeant is on duty due to vacation, sick leave, holiday or other similar off-duty scheduling, an officer will be scheduled to assume the Officer in Charge duties. The scheduled officer will be expected to report for duty fifteen (15) minutes prior to the start of the scheduled shift to be eligible for the shift preparation fee. The shift preparation fee will be at the rate of 1.5 times the officer's base rate. Eligibility and scheduling of Officers in Charge will be made at the sole determination of the chief and will not be based solely on seniority.
17.3 When there is no supervisor on duty, the assigned officer will fill out a request for "work out of classification pay" to the nearest hour. A patrol officer assigned to work as Officer in Charge will be paid at the rate established in Appendix A.
ARTICLE XVIII - LONGEVITY AND EDUCATIONAL INCENTIVE PAY
18.1 After four (4) years of continuous employment each employee shall choose to be paid three percent(3%) of the employee's base rate or supplementary pay based on educational credits as outlined in 18.6 of this Article.
18.2 After eight(8) years of continuous employment each employee shall choose to be paid supplementary pay of five percent(5%) of the employee's base rate or supplementary pay based on educational credits as outlined in 18.6 of this Article.
18.3 After twelve (12) years of continuous employment each employee shall choose to be paid supplementary pay of seven percent(7%) of the employee's base rate or supplementary pay based on educational credits as outlined in 18.6 of this Article. 18.4 After sixteen (16) years of continuous employment each employee shall choose to be paid supplementary pay of nine percent(9%) of the employee's base rate or supplementary pay based on educational credits as outlined in 18.6 of this Article.
18.5 Eligible employees may choose supplementary pay cither for length of service or for educational credits no more often than once every twelve(12) months. 18.6 Supplementary pay based on educational credits will be paid to employees after twelve (12) months of continuous employment at the rate of:
Education Credits Stated In Terms of College Credits Quarter Semester Percentage Pay OR Dearecs Plus MN POST CEU's Increment 90-134 61-90 3% of base rate 135-179 91-119 5% of base rate Associates degree + 250 Post Ceu's 180 or more Bachelor's degree 7% of base rate • Associates degree + 450 Post Ceu's Master's degree in job related field 9% of base rate Bachelor's degree + 600 Post Ceu's
TThe EMPLOYER shall determine which courses are job related. Disputes are grievable based on the criteria outlined in the award of Minnesota Bureau of Mediation Services Case No. 78-PN-370-A.
CEU's(Continuing Education Units) in job-related seminars, short courses, institutes, etc. may apply toward education incentive if they have been converted to college credits and applied toward a degree through an accredit college. No MN POST CEU credits will be given for mandatory courses.
MN POST CEU's currently eamed by officers through employment with the City of Robbinsdalc or any previous agencies shall be counted. Employees hired by the City prior to October 16, 2002 will not have a reduction in educational incentive pay.
ARTICLE XIX - JURY DUTY PAY
Any employee who is called to and reports for jury duty shall be paid for each day partially or wholly spent in performing jury duty, if the employee otherwise would have been scheduled to work, an amount equal to the difference between the employee's regular base rate and the daily jury duty rate paid by the court(not including travel allowance).
ARTICLE XX - SICK LEAVE
20.1 All permanent employees shall be eligible for eight hours of sick leave for each full calendar month of employment. Sick leave granted probationary employees shall not be available for use until satisfactory completion of the initial (not promotional) probationary period. Layoffs, suspension, unauthorized leaves or leaves of absence
10 without pay shall not be counted in computation of a full calendar month of continuous employment. If an employee is being paid for less than the full calendar month, his/her sick leave accruals shall be lost during that calendar month.
20.2 Unused sick leave shall accrue up to a maximum of nine hundred sixty (960) hours. Additions to or deductions from each employee's sick leave account shall be made monthly.
20.3 Eligible employees shall be paid four hours for each eight hours of sick leave accumulated over nine hundred sixty (960) hours, not to exceed a maximum of forty- eight hours pay for one (1)full calendar year.
20.4 Employees who claim sick leave when physically and mentally fit, unless under specific provision of this agreement, shall be subject to disciplinary action, including but not limited to transfer, suspension, demotion or dismissal.
ARTICLE XXI - SEVERANCE PAY 21.1 Employees who leave the service of the City in good standing afler providing proper notice of their termination of employment shall be compensated for a percentage of accumulated sick leave at their current wage at the following rate: Afler 20 years of service 50% After 17 years of service 40% After 13 years of service 35% After 8 years of service 25% After 2 years of service 15%
Except under emergency circumstances, any employee terminating after 20 years of service shall give the employer three (3) weeks notice. Employees who are discharged or who terminate employment without giving two weeks advance notice shall not be eligible for severance pay.
21.2 Upon the death of a permanent employee, his or her designated beneficiary shall be paid sick leave severance owed the employee pursuant to Section 21.1.
21.3 Employees who leave the service of the City, in good standing, for reasons other than retirement, after providing proper notice of their termination of employment, shall be compensated for the eligible amount of sick leave accrued and unused at the date of their separation.
21.4 Employees who leave the service of the city, in good standing, and eligible for retirement according to PERA shall be compensated for the eligible amount of sick leave accrued and unused at the date of their separation, pursuant to Section 21.1. 100% of the eligible sick leave payout will be paid to the Post Retirement Health Care Savings Plan, administered by the Minnesota State Retirement System. The payment will be made at 11 the time of termination.
ARTICLE XXII - FUNERAL LEAVE
Employees shall receive with permission of the EMPLOYER up to a maximum of twenty-four (24) working hours paid leave with pay during each twelve (12) months of employment after completion of the initial probationary period because of a death in the immediate family of the employee. "Immediate Family" means spouse, child, child's spouse, parent, sibling, sibling's spouse or child, grandparent, grandchild, and spouses child, parent, grandparent, sibling, and sibling's spouse or child. Funeral leave may be accrued from one year to the next. The accrual will be limited to 48 hours. There will be no termination payment for unused funeral leave.
ARTICLE XXni - INJURY ON DUTY
Employees injured during the performance of their duties for the EMPLOYER and thereby rendered unable to work for the EMPLOYER will be paid the difference between the total amount of other EMPLOYER injury related benefits, e.g. Workers Compensation, and the employee's normal net rate of pay, after subtraction of Federal and State withholding and retirement contributions for a period not to exceed one hundred twenty (120) working days per injury. Such supplementary payments shall not be charged to the employee's vacation, sick leave or other accumulated paid benefits. Further, such supplementary payments will not begin until after a three (3) working day initial waiting period per injury has passed. The three (3) working day initial waiting period shall be charged to the employees sick leave account less Worker's Compensation insurance payments.
ARTICLE XXIV - HOLIDAYS
24.1 The Employer shall provide ninety-six (96) hours of paid holiday time each year which may be used starting January 1. In the event the employee terminates employment with the City before December 31, the employee must reimburse the City for any holiday time used before the actual holiday. Employees shall be on the payroll on the workday immediately preceding and the workday immediately following a holiday to be eligible for that holiday pay.
24.2 Employees assigned by the EMPLOYER to work on New Year's Day, Martin Luther King Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, or Christmas Day shall receive an additional one (1) hour holiday pay Under Article XII for each two (2) hours worked on these days and shall be allowed to chose between compensatory time off or compensation.
12 24.3 Employee must furnish the City written authorization to deduct holiday pay from employee's last paycheck in accordance with the requirement outlined in Article XXIV.
ARTICLE XXV - VACATION
25.1 All permanent employees shall eam vacation with pay at the rate of pay for the grade to which the employee is permanently assigned. Employee shall be credited with vacation during the first six months of full-time City employment but vacation shall not be granted until the end of this time as eamed for the six-month period.
Vacation leave shall not be eamed by employees on a part-time, student, intermittent or temporary basis. Layoffs, suspension, unauthorized leaves, or leaves of absence without pay shall not be counted in computation of full calendar months of continuous service. If an employee is being paid for less than a full calendar month, his or her vacation accruals shall be lost during that calendar month.
25.2 All permanent employees shall earn vacation at the rate of 80 hours vacation each year, during the first five years of service. Starting on the sixth year of employment and through the tenth year, vacation shall be eamed at a rate of 120 hours per year. After ten full years of service, eight additional hours will be accmed each year to a maximum of 160 hours. After twenty full years of service, eight additional hours will be accrued each year to a maximum of two hundred (200) hours. Vacation shall be eamed for full calendar months of employment only.
25.3 Employees may accrue vacation leave to a maximum of forty hours more than that amount of vacation, which they are entitled to accrue each year, which may be carried over from one year to the next.
25.4 One continuous vacation period shall be selected on the basis of seniority until March 15th of each calendar year.
25.5 Other than continuous vacation period identified in section 25.4, any time off request shall be approved based upon the department seniority list when the requested day(s) off are 45 or more days in advance of the requested time off commencing. Any time off requests received in a period of less than 45 calendar days before the requested time off commencing will be approved on a first-come, first-served basis, not based on department seniority. Scheduling of vacation does not limit management rights established in Article V to modify work schedules related to department need.
25.6 Employees who leave the service of the city for reasons other than retirement, after providing proper notice of termination of employment, shall be compensated for the eligible amount of vacation leave accrued and unused at the date of their separation.
13 25.7 Employees who leave the service of the city and are eligible for retirement according to PERA shall be compensated for the eligible amount of vacation leave accrued and unused at the date of their separation. 100% of the eligible vacation leave payout will be paid to the Post Retirement Health Care Savings Plan, administered by the Minnesota State Retirement System. The payment will be made at the time of termination.
ARTICLE XXVI - LEAVE WITHOUT PAY
26.1 Extended leave related to illness or disability. An employee may request an extended leave of absence without pay or benefits (in addition to leave available under the Family Medical Leave Act) for a period not to exceed 240 hours for sickness, disability, disability related to childbirth, or child care leave. The granting of this extended leave is at the sole discretion of the City Manager.
26.2 Leave Without Pav For Reasons Not Related to Illness or Disability. An employee may request a leave of absence without pay or benefits for a period not to exceed 720 hours for reasons not related to illness or disability, but which constitute good and sufficient
reasons which are to be in the best interests of the municipality. The granting of this leave is to be at the sole discretion of the City Manager.
26.3 Return to Work. At the end of a leave of absence without pay, the employee shall be reinstated to the original job or an available comparable job. This provision does not prevent employee from being subject to lay off.
26.4 Benefits Not Accruablc. No benefits shall accrue to any employee when on leave of absence without pay. Insurance coverage may be obtained during a leave granted under sections 26.1 or 26.2 by employee paying full premium.
26.5 Proof Required for Sickness. Disability Leave. The Chief or City Manager may require written documentation on a regular basis from the employee's physician pertaining to a leave of absence without pay for sickness, disability, and disability related to childbirth in order to certify the employee's condition. An employee may also be required to undergo an examination by a physician designated by the City at its expense.
ARTICLE XXVII - UNIFORMS
27.1 The EMPLOYER will pay uniformed officers, investigators, School Liaison Officer, and Police/Community Action Coordinator(PCAC) an annual uniform allowance of $900 per year for 2020in a lump sum thru payroll on January 15. The annual uniform allowance will move to $930 per year for 2021. This amount is to cover all maintenance and replacement of an employee's uniform except department provided bulletproof vest, firearm and holster, and tascr and holster. Employees are to maintain uniforms in good
14 condition and to select uniform items from the department uniform list. For probationary officers EMPLOYER will provide initial uniform according to police department uniform list, and body armor/ bulletproof vest, firearm and holster and taser and holster.
Probationary officers are not eligible for a uniform allowance during their first 12 months of employment and shall receive a pro-rated allowance during the calendar year probation is completed.
If an employee wishes to purchase a different style of holster than provided by the department, this would be at employee expense and subject to approval of the holster by Police Chief.
ARTICLE XXVIII - WAIVER
28.1 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 this AGREEMENT,are hereby superseded.
28.2 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 terms or conditions 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 conditions of employment not specifically referred to or covered by this AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both parties at the time this contract was negotiated or executed.
15 ARTICLE XXIX - DURATION
This AGREEMENT shall be effective as of January 1, 2020 except as herein noted, and shall remain in full force and effect until the 31st day of December 2021.
IN WITNESSWITOESS TFTHEJifOF, the parties hereto have executed this AGREEMENT on this 2^ y day of 2020.
FOR THE CITY OF ROBBINSDALE: ICE PATROL:
City Manager, Marcia Glick Business Agent
Union Steward
Unroo^tcward
16 APPENDIX A 1. WAGES
A. WAGE SCHEDULE
1/1/2020 7/1/2020 1/1/2021 Start 26.52 26.79 27.59
6 Months 29.07 29.36 30.24
1 year 31.62 31.94 32.89
2 year 34.14 34.48 35.52 3 year 38.03 38.41 39.56
B. INVESTIGATOR/DETECTIVE PAY Employees classified or assigned by the EMPLOYER to the Investigator job classification or position will be paid at the rate 5% above their base monthly rate.(See Subsection A above).
C. FIELD TRAINING OFFICER RECOGNITION Officers assigned to work as field training officers will receive an additional $4.00 per hour for each hour assigned to FTO duty.
D. INSTRUCTOR/TRAINER PAY Officers assigned as certified trainers in the areas of defensive tactics, firearms and taser will receive an additional $2.00/hour for each hour assigned to train in the role of an instructor for this agency including one hour of prep time and for firearms instructors, one additional hour for clean-up. Training must be in accordance with departmental policies/procedures.
E. OFFICER IN CHARGE Officers assigned as Officer in Charge under Articles 17.2 and 17.3 to be paid at 8% above the employee's base rate.
F. PCAC- POLICE COMMUNITY ACTION COORDINATOR PAY Effective August 22,2011 reclassify the PCAC as a full time investigator including a 5% increase in pay.
G. SHIFT DIFFERENTIAL Employees working the 6:00 p.m. to 6:00 a.m. shift receive a shift differential of $0.85 per Hour beginning 1-1-2020. An officer not normally assigned this shift who works this 6:00 p.m. to 6:00 a.m. shift as overtime (or by some other schedule change) then this employee is entitled to the shift differential. No other shifts qualify for this differential.
2. INSURANCE The EMPLOYER will contribute up to a maximum of $1,110 each month for 2020, toward medical, dental, life, long-term disability insurance or other similar benefits offered by the
17 Employer. After deduction of medical and life insurance benefits, any unused funds may be directed at employee's discretion to employer sponsored deferred compensation program or taken as taxable cash. The contract will reopen for the 2021 contribution.
3. POST LICENSE EMPLOYER shall reimburse to each employee the fee for the license required by M.S.A.626.846, subdivision 1.
18 CITY OF ROBBINSDALE POLICY
EDUCATION REIMBURSEMENT AFTER REACHING MAXIMUM SUPPLEMENTAL PAY
1. Continuing Education. After reaching the maximum supplemental pay for either length of service or educational credits, employees will be reimbursed for pre-approved,job related courses upon presentation of receipts and a grade report indicating a grade of "C" or better.
Job relatedness is to be determined by the City Manager and Chief of Police prior to enrollment in the course based on information provided by the employee. Job relatedness shall be defined in terms of the value the course brings to the employee in his/her present position or position, which the employee will assume in the near future. For the employee to be eligible for educational reimbursement, he/she must agree to stay with the City for a minimum of six months after completing the course and must sign an agreement that if they leave city employment prior to expiration of the six month period, the educational reimbursement will be repaid to the city. Employees receiving Veterans Assistance or other forms of grant or scholarship are not eligible for education reimbursement. Employees desiring to take more than eight(8) quarter credits per year must provide notice of intent to take courses to the department head during development of the annual budget.
EFFECTIVE: January 1,1994
19 MEMORANDUM OF UNDERSTANDING
Law Enforcement Labor Services, Inc.(Local #179) and City of Robbinsdale
It is the understanding of both the City and the Union that the staffing of investigators on weekends shall continue under the current voluntary system.
It is also understood that no discipline will be imposed because an employee is unavailable for a call out during their off duty time.
It is understood that if it becomes necessary to place investigators "on-call" for weekends, the City and the Union will negotiate the terms and conditions of such status.
The memorandum shall be in effect concurrent with the current labor agreement(January 1, 2020 to December 31, 2021).
FOR THE CITY OF ROBBINSDALE: ''/yj Marcia Glick, City Manager
FOR 1/lW enforcement LABOR SERVICES, INC. m ,cnt
Union Steward
Uru^^cwar
20 Law Enforcement Labor Services, Inc.(Local #179) and City of Robbinsdale
HEALTH CARE SAVINGS PLAN Beginning in January, 2010 active employees will begin contributions into the Minnesota State Retirement System's(MSRS) Health Care Savings Plan (HCSP). The mandatory employee contribution into the HCSP will be 0-15 years of service $25 and over 15 years of service $75 deducted on a pre-tax basis each pay period.
The City has already implemented the Minnesota State Retirement System Post Employment Health Care Savings Plan (PEHCSP), which allows employees to save money on a pre-tax basis to pay medical expenses and/or health insurance premiums after termination of public service.
The Minnesota State Retirement System will determine all provisions of this plan and an employee will deal directly with the State Retirement System representatives on all account matters. The City's responsibility will be to process the initial employee enrollment in the plan and to forward the appropriate employee contributions.
FOR THE CITY OF ROBBINSDALE:
Marcia Click, City Manager
FOR LAW E>iFORCEMENT LABOR SERVICES, INC.
Union Steward
Umoiy^teward
21 MEMORANDUM OF UNDERSTANDING
Law Enforcement Labor Services, Inc.(Local #179) and City of Robbinsdale
12.4.1 Employees required by the EMPLOYER to report for a work shift with less than twelve hours between employees work shifts will receive time and one half for time worked within that twelve-hour period. Over-time compensation for training will not be compensated for until Employee has fulfilled the obligation of the normal work year.
This section was written at a time when there were 8 hour work shifts and for the past several years there have been 12 hour work shifts wherein any overtime worked would mean less than 12 hours between shifts if the employee was scheduled to work the following day. Full application of this section would result in the Employer considering changing to something less than 12 hour work shifts.
However, where the Employee is required by the Employer to extend the work day by 4 hours or more, the Employee will receive time and one half for time worked on the following scheduled work day which is less than 12 hours from their release time.
FOR THE CITY OF ROBBINSDALE:
Marcia Glick, City Manager
FORi^W ET^ORCEMENT LABOR SERVICES, INC.
Bus
Union Steiward
Unioa^teward
22