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HomeMy WebLinkAbout2001-163 CCR1 Member Fd Nelson introduced the following resolution and moved its adoption: RESOLUTION NO. 2001-163 RESOLUTION APPROVING CONTRACT WITH MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION LOCAL NO. 320 FOR THE CALENDAR YEARS 2001 AND 2002 WHEREAS, Section 2.07 of the City Charter for the City of Brooklyn Center states that the City Council is to fix the salary or wages of all officers and employees of the City; and WHEREAS, the City has negotiated in good faith with the Minnesota Teamsters Public and Law Enforcement Employees' Union Local No. 320 for a contract for the years 2001 and 2002 as attached. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and the City Manager to execute a contract with Teamsters Local 320 effective January 1, 2001 through December 31, 2002. BE IT FURTHER RESOLVED that authorized wage and benefit adjustments shall become effective according to the schedule of the agreement which commences January 1, 2001. November 13, 2001 Date X11.6-4ix~ A Mayo{ ATTEST: r City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Kay Lasman and upon vote being taken thereon, the following voted in favor thereof: Myrna Kragness, Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 2001-163 between CITY OF BROOKLYN CENTER and 1 MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES': UNION, LOCAL. NO. 320 REPRESENTING DEPARTMENT HEADS & CAPTAINS Effective January 1, 2001 through December 31, 2002 RESOLUTION NO. 2001-163 TABLE OF CONTENTS 1 ARTICLE I Purpose of Agreement II Recognition III Definitions IV Employer Authority V Union Security VI Employee Rights - Grievance Procedure VII Savings Clause VIII Discipline IX Salaries X Sick Leave XI Jury Duty/Court Appearance xII Layoffs XIII Holidays XIV Vacation XV Insurance XV1 Leave Without Pay XVII Mileage Reimbursement/Car Allowance XVIH Retirement Paid Health Insurance XIX Waiver XX Post License Fees XXI Uniforms XXII False Arrest Insurance XX Duration Appendix A PAGE 1 1 1 1 2 2 4 5 5 5 6 6 7- 7 8 8 8 9 9 9 9 9 10 11 RESOLUTION NO. 2001-163 ARTICLE I. PURPOSE OF AGREEMENT This Agreement is made and entered into between the City of Brooklyn Center, hereinafter called the "EMPLOYER", and the 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 resolution 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 the Agreement. ARTICLE II. RECOGNITION 2.1 The Employer recognizes the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320 as the exclusive representative, of all public employees who are within the meaning of Minnesota State Statute, Section 179A.03, Subdivision 14, for licensed Department Head and Captains. 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE M. DEFINITIONS 3.1 UNION: 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 EMPLOYER: The City of Brooklyn Center. 3.5 PROBATIONARY PERIOD: Employees hired on or after January 1, 1996 shall serve a probationary period of twelve (12) months from the date of hire. Probationary employees may use sick leave in accordance with Article X, and may use vacation after six months. Probationary employees may be terminated at the sole discretion of the Employer. 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 RESOLUTION NO. 2001-163 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 a °fair share" deduction as provided 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 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. 5.3 The Employer shall make space available on the employee bulletin board for posting Union notices and announcements. 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 Identified Business Agents of 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 the duties and responsibilities established by this Article. This 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 2 RESOLUTION NO. 2001-163 duties and responsibilities of the employee 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 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 ten (10) 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. Sten 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 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 answer in Step 2. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived Sten 2a. If a grievance is not resolved at Step 2 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. Sten 3. A grievance unresolved in Step 2a 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 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(s) submitted in writing by the Employer RESOLUTION N0. 2001-163 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 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 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. 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. 6.7 CHOICE OF REMEDY: If, as a result of the Employer response in Step 2, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 3 of Article VI or a procedure such as Civil Service, Veterans Preference of Fair Employment. If appealed to any procedure other than Step 3 of Article VI, the grievance is not subject to the arbitration procedure as provided in Step 3 of Article VI. The aggrieved employee shall indicate in writing which procedure is to be utilized, Step 3 of Article VI or another appeal procedure, and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 3 of Article VI. ARTICLE VII. SAVINGS CLAUSE 7.1 In the event any provision of this Agreement shall be held to be contrary to law by a court of competition jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be void 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. RESOLUTION NO. 2001-163 ARTICLE VIII. DISCIPLINE 8.1 The Employer will discipline employees who have completed the required probationary period only for just cause: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge 8.2 Suspension, 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. 8.4 Employees may examine their own individual personnel files at reasonable times under direct supervision of the Employer. 8.5 Discharges of non veterans will be preceded by a five (5) day suspension without pay. 8.6 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. 8.7 Grievances relating to this Article shall be initiated by the Union in Step 2 of the Grievance Procedure under Article VI. ARTICLE IX. SALARIES 9.1 Employees shall be paid in accordance with the attached salary pay schedules marked Appendix A (Salary). 9.2 The starting salary, sick leave and vacation shall be anywhere within the pay range for new hires with experience. ARTICLE X. SICK LEAVE 10.1 Eligibility. Sick leave with pay shall be granted to probationary and permanent employees at the rate of eight hours for each calendar month of full-time service or major fraction thereof. 10.2 Usage. Sick leave shall be used normally for absence 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 child of the employee. Sick leave may be used for the purpose of attending the funeral of immediate family members plus brothers-in-law, sisters-in-law, aunts, uncles, nieces, 5 RESOLUTION NO. 2001-163 nephews, grandparents, grandparents-in-law, and grandchildren of the employee. 10.3 Accrual: Sick leave shall accrue at the rate of eight (8) hours per month until 960 hours have been accumulated. After 960 hours have been accumulated, sick leave shall accrue at the rate of four hours per month, and simultaneously vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two hours per month. Employees using earned vacation leave or sick leave shall be considered to be working for the purpose of accumulating additional sick leave. Workers' Compensation benefits shall be credited against the compensation due employees during sick leave. 10.4 Upon layoff from the City, full-time employee would receive 33% of accumulated sick leave at current pay rate. Upon retirement from the City, full-time employee would receive 3 3 % of accumulated sick leave at his/her current rate of pay. 10.5 Procedure: In order to be eligible for sick leave with pay employees must: a. Notify their superior prior to the time set for the beginning of their normal work day. b. Keep their superior informed of their condition. C. Furnish a statement from a medical practioner upon the request of the Employer. 10.6 Misuse Prohibited. Employees claiming sick leave when medically fit, except as otherwise specifically authorized in Section 10.2 shall be subject to disciplinary action up to and including discharge. ARTICLE XL JURY DUTY/COURT APPEARANCE 11.1 Employees summoned for jury duty or subpoenaed to testify in court on behalf of the Employer shall receive an amount of compensation which will equal the difference between the employee's regular pay and jury duty or witness fee compensation received. ARTICLE XII. LAYOFFS 12.1 Employees who are employed in a full-time capacity as a benefits earning employee with the City of Brooklyn Center at the time of their layoff and who will not be re-employed by the City of Brooklyn Center in another full-time position will qualify for the Severance Benefits for Laid-Off Employees Program. Employees participate in this program on a voluntary basis. 12.2 After sixty (60) calendar days prior written notice, the City Manager may lay-off permanent employees because of shortage of work or funds, abolition of positions, or other reasons outside the employee's control which do not reflect discredit on the service of the employee. Employees laid off will receive compensation equal to 25% of the last approved annual salary. 6 RESOLUTION NO. 2001-163 ARTICLE X L HOLIDAYS 13.1 The holidays shall be as follows: _ 13.2 The scheduling of a floating holiday is subject to prior approval of the employee's supervisor. The floating holiday must be taken within the calendar year and shall not carry over from year to year. New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Floating Holiday Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day Floater Holiday 13.3 When New Year's Day, Independence Day, Veteran's Day, or Christmas Day falls on Sunday, the following day shall be observed as a holiday. When they fall on Saturday, the preceding day shall be observed as a holiday. Employees absent from work on the day following or the day preceding such athree-day holiday weekend without the express authorization of the Employer shall forfeit rights to holiday pay for that holiday. 13.4 To be eligible for holiday pay, employees must have been on paid status on the day before and the day after the holiday. Paid status includes paid vacation or other paid leave for which the employee received prior approval. 13.5 An employee shall have the option to work a holiday in exchange for a floater holiday with the approval of the City Manager. ARTICLE XIV.VACATION five consecutive years of service through ten consecutive years of service shall earn 14.1 Amount: Permanent employees shall earn vacation leave at a rate of 6.67 hours for each calendar month of &U-time service or major fraction thereof. Permanent employees with vacation at the rate of 120 hours per year. Permanent employees with more than ten consecutive years of service shall earn vacation leave according to the following schedule: During 11* year of service 128 hours per year During 12'b year of service 136 hours per year During 13' year of service 144 hours per year During 14' year of service 152 hours per year During 15' year of service 160 hours per year Employees using earned vacation leave or sick leave shall be considered to be working for purposes of accumulating additional vacation leave. 14.2 Usage. Vacation leave may be used as earned, except that the Employer shall approve the time at which the vacation leave may be taken. 7 RESOLUTION N0. 2001-63 14.3 Vacation begins accumulating in accordance with date of hire. Vacation accumulation, including the current vacation earned from year to year, may not exceed a total accumulation equal to one and one-half times the number of hours the employee is currently earning in one year. The total number of vacation hours accrued may not exceed 230 hours, except where approved in writing by the City Manager. ARTICLE XV. INSURANCE 15.1 Effective 1/l/01, the City will contribute payment of four hundred and fifty dollars ($450) per month per employee for use in the Employer's Cafeteria Benefit Plan. 15.2 Effective 1/1/02, the City will contribute payment of four hundred and seventy dollars ($470) per month per employee for use in the Employer's Cafeteria Plan 15.3 Life Insurance and Balance of Cafeteria Funds: The City of Brooklyn Center will provide payment for premium of basic life insurance in the amount of $10,000. The employee may use the remainder of the contribution (limits as stated above) for use as provided in the Employer's Cafeteria Benefit Plan. ARTICLE XVI. LEAVE WITHOUT PAY 16.1 Leaves of absence without pay may be granted by the City Manager where the best interest of the City will not be harmed. Such leaves shall not exceed periods of ninety (90) calendar days unless based on disability or other good reasons. Vacation and sick leave benefits shall not accrue during periods of leaves of absence without pay. 16.2 Employees are obligated to return to work on the first work day following the period of approved leave unless prior approval for an extension of the leave has been granted by the Employer. 16.3 All City contributions toward employee leave accruals and insurance coverage will cease for non-medical leaves without pay. Insurance benefits will continue if fully subsidized by the employee except that the City Manager may authorize the continuation of the City's contribution for employee insurance premiums during a leave of absence for medical reasons. If the employee chooses not to continue insurance coverage during a non-medical leave of absence upon return the insurance coverage will start the first day of the month following thirty days of re-employment. ARTICLE XVII. MILEAGE REMURSEMENT/CAR ALLOWANCE 17.1 Employees of the City who are required to drive a City vehicle to their home and keep it there while off duty to respond to emergency. situations cannot use City vehicles for personal use. The Chief of Police and Police Captains are authorized to keep a City vehicle at their home on a regular basis, provided the home is located within a 25 mile radius of the City of Brooklyn Center. RESOLUTION NO. 2001-163 ARTICLE XVIM RETIREMENT PAID HEALTH INSURANCE 18.1 The Employer shall provide to members of this bargaining unit the same contribution the Employer provides for other City employees. ARTICLE XIX. WAIVER 19.1 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. 19.2 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 condition 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. ARTICLE XX. POST LICENSE FEES 20.1 The Employer shall be pay up to $90 for the cost of POST license fees for all employees requiring such license during each license period. ARTICLE XXL UNIFORMS 21.1 The Employer shall provide required uniform and equipment items. In addition, the Employer shall pay a maintenance allowance of $100.00 per year and a clothing allowance of $500.00 per year. ARTICLE XXII.FALSE ARREST INSURANCE 22.1 The City of Brooklyn Center maintains liability insurance that includes a provision for unlawfully detaining an individual when an employee is acting within the scope of their duties on behalf of the City of Brooklyn Center. 9 RESOLUTION NO. 2001-163 ARTICLE III. DURATION This AGREEMENT shall be effective as of January 1, 2001, and shall remain in full force and effect until the thirty-first (31) day of December, 2002. In the event a new Agreement is not in effect January 1, 2003, all compensation, worldng conditions and benefits shall remain in effect as set forth in this Agreement until a successor Agreement is effected IN WITNESS THERETO, the parties have caused this AGREEMENT to be executed this day of , 2001 FOR THE CITY OF BROOKLYN CENTER Mayor FOR LAW ENFORCEMENT TEAMSTERS LOCAL .#320 Business Agent " City Manager 1 Union Steward 10 RESOLUTION NO. 2001-163 APPENDIX A MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 SALARY SCHEDULE - 2001 & 2002 2001 1 Chief of Police: $66,209 - no maximum Police Captain: Step A Step B Step C Step D Step E. Step F Step G $4866 $5108 $5363 $5497 $5635 $5776 $5920 2002 Chief of Police: Police Captain: Step A Step B Step C $5085 $5338 $5604 $69,188 -no maximum Step D Step E Stec F Step G $5744 $5889 $6036 $6186 11