HomeMy WebLinkAbout2001-041 CCRMember Kay la.sman introduced the following resolution and
moved its adoption:
RESOLUTION NO. 2001-41
RESOLUTION AUTHORIZING LETTERS OF AGREEMENT WITH LAW
ENFORCEMENT LABOR SERVICES LOCALS NO. 82 AND 86
WHEREAS, attached hereto and incorporated herein by reference is Exhibits A
and B are Letters of Agreements with Law Enforcement Labor Services Local 82 and 86 that
would amend the collective bargaining agreements with each of those two unions to address
issues related to 12 hour shifts; and
WHEREAS, the substantive change in the Letters of Agreement actually
impacting the contracts would be the provision of holiday leave in blocks, rather than around the
named holidays; and
WHEREAS, the proposed Letters of Agreement appear to be reasonable and
1
proper.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Brooklyn Center, Minnesota that the Mayor and City Manager be and hereby are authorized to
enter into the Letters of Agreement set forth as Exhibits A and B to this resolution.
March 26, 2001
Date
ATTEST: In n Ad
}yL
I.& AU L City Clerk
® M or
The motion for the adoption of the foregoing resolution was duly seconded by member
Ed Nelson and upon vote being taken thereon, the following voted in favor thereof:
Myrna Kragness, Kay Lasman, Fd Nelson, and Bob Peppe;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.
RESOLUTION NO. 2001-41
EXHIBIT A
LETTER OF AGREEMENT
This agreement is entered into between Law Enforcement Labor Services, Inc., Local 82
and the City of Brooklyn Center. The Police Department of the City of Brooklyn Center wishes
to implement a schedule with twelve hour per day shifts. The adoption of this schedule will
affect the current labor agreement. The parties have met and discussed the matter and agree to
change the following provisions of the labor agreement to the language specified below.
ARTICLE 10 - Work Schedules
10.1 The normal work year is two thousand and eighty (2,080) hours to be accounted for by
each employee through:
(a)
hours worked on assigned shifts,
(b)
holiday hours,
(c)
assigned training, and
(d)
authorized leave time.
10.2 Authorized leave time (including holiday hours) is to be calculated on the basis of the
actual hours used for such leave based on the time that the employee would otherwise
have been scheduled to work.
10.3 Nothing 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 11- Discipline
11.1 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.
11.2 Suspensions, demotions, and discharges will be in written form.
11.3 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 and the Union will receive a copy of such reprimands and/or
notices.
11.4 Employees may examine their own individual personnel files at reasonable times under
the direct supervision of the Employer.
11.5 A single disciplinary action for failure to attend training, court or tardiness will be
removed from the personnel file after 18 months if, during that time, the single incident
of discipline for failure to attend training, court or tardiness, is the only occurrence of
discipline during that 18 month period.
RESOLUTION NO. 2001-41
EXHIBIT A
11.6 Discharges will be preceded by a five (5) day suspension without pay.
11.7 For purposes of discipline, a day will mean eight (8) hours.
11.8 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.
11.9 Grievances relating to this Article shall be initiated by the Union in Step 3 of the
grievance procedure under Article 12.
ARTICLE 26 - Holiday Leave
26.1 Employees shall receive eight (8) hours of holiday leave per month. Ninety-six (96)
hours of holiday leave shall be advanced to employees on January 1St of each calendar
year beginning on January 1, 2002. In the event an employee is not employed for the
entire calendar year, the employee's holiday leave shall be reduced by eight (8) hours for
each full month that the employee will not have worked in that calendar year.
In 2001, employees will receive eight (8) hours of holiday leave per month beginning
April 1, 2001, and shall be advanced seventy-two (72) hours of holiday leave on April 1,
2001. In the event an employee is not employed for the entire period April 1, 2001
through December 31, 2001, the employee's holiday leave shall be reduced by eight (8)
hours for each full month that the employee will not have worked in that calendar year.
26.2 Employees may use holiday leave with the approval of the Employer.
26.3 An employee who works on New Year's Day, Independence Day, Labor Day,
Thanksgiving Day, Christmas Day, Memorial Day, Veteran's Day, Columbus Day,
Martin Luther King Day, or President's Day shall receive one and one-half (1 %2) times
the employee's regular pay rate for all hours actually worked during the named holiday.
26.4 Except as provided in 26.3, overtime pay shall not be authorized for employees for hours
worked on holidays when such work is part of the planned schedule.
26.5 An employee may request a holiday off, which they are required to work, prior to
fourteen (14) calendar days before the holiday. The Employer shall post the open holiday
shift to be filled by another employee at the holiday rate of pay. The employee making
the request for the holiday off is responsible for working the holiday if the posting is not
filled five (5) days prior to the holiday.
26.6 Employees beginning employment after January 1St of a calendar year shall receive eight
(8) hours of holiday leave per month beginning on the first month in which they are
working as of the first day of that month. Such employees shall receive an advance of
holiday leave hours equal to eight (8) hours multiplied by the number of whole months
they will work through December of the year in which they were first employed.
1
RESOLUTION NO. 2001-41
EXHIBIT A
26.7 Any holiday leave not used on or before December 31St of each year will be deemed
forfeited and shall not carry over into the next calendar year.
The above language constitutes the complete agreement of the Parties regarding changes to the
labor agreement as a result of implementation of the new schedule.
For the City of Brooklyn Center:
Date
Date
For Law Enforcement Labor Services, Inc.:
Date
Date
RESOLUTION NO. 2001-41
EXHIBIT B
LETTER OF AGREEMENT
This agreement is entered into between Law Enforcement Labor Service, Inc., Local 86
and the City of Brooklyn Center. The Police Department of the City of Brooklyn Center wishes
to implement a schedule with twelve hour per day shifts. The adoption of this schedule will
affect the current labor agreement. The parties have met and discussed the matter and agree to
change the following provisions of the labor agreement to the language specified below.
ARTICLE 10 - Work Schedules
10.1 The normal work year is two thousand and eighty (2,080) hours to be accounted for by
each employee through:
(a) hours worked on assigned shifts,
(b) holiday hours,
(c) assigned training, and
(d) authorized leave time.
10.2 Authorized leave time (including holiday hours) is to be calculated on the basis of the
actual hours used for such leave based on the time that the employee would otherwise
have been scheduled to work.
10.3 Nothing 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 11 - Discipline
11.1 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.
11.2 Suspensions, demotions, and discharges will be in written form.
11.3 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 and the Union will receive a copy of such reprimands and/or
notices.
11.4 Employees may examine their own individual personnel files at reasonable times under
the direct supervision of the Employer.
11.5 A single disciplinary action for failure to attend training, court or tardiness will be
removed from the personnel file after 18 months if, during that time, the single incident
of discipline for failure to attend training, court or tardiness, is the only occurrence of
discipline during that 18 month period.
RESOLUTION NO. 2001-41
EXHIBIT B
11.6 Discharges will be preceded by a five (5) day suspension without pay.
11.7 For purposes of discipline, a day will mean eight (8) hours.
11.8 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.
11.9 Grievances relating to this Article shall be initiated by the Union in Step 3 of the
grievance procedure under Article 12.
ARTICLE 25 - Holiday Leave
25.1 Employees shall receive eight (8) hours of holiday leave per month. Ninety-six (96)
hours of holiday leave shall be advanced to employees on January 1St of each calendar
year beginning on January 1, 2002. In the event an employee is not employed for the
entire calendar year, the employee's holiday leave shall be reduced by eight (8) hours for
each full month that the employee will not have worked in that calendar year.
In 2001, employees will receive eight (8) hours of holiday leave per month beginning
April 1, 2001, and shall be advanced seventy-two (72) hours of holiday leave on April 1,
2001. In the event an employee is not employed for the entire period April 1, 2001
through December 31, 2001, the employee's holiday leave shall be reduced by eight (8)
hours for each full month that the employee will not have worked in that calendar year.
25.2 Employees may use holiday leave with the approval of the Employer.
25.3 An employee who works on Martin Luther King, Jr. Day, Memorial Day, Independence
Day or Labor Day shall receive 1'/2 times the employee's regular pay rate for all hours
actually worked during the named holiday.
25.4 An employee who works on New Year's Day, Thanksgiving Day, or Christmas Day shall
receive two times the employee's regular pay rate for all hours actually worked during
the named holiday.
25.5 Except as provided in 25.3, overtime pay shall not be authorized for employees for hours
worked on holidays when such work is part of the planned schedule.
25.6 An employee may request a holiday off, which they are required to work, prior to
fourteen (14) calendar days before the holiday. The Employer shall post the open holiday
shift to be filled by another employee at the holiday rate of pay. The employee making
the request for the holiday off is responsible for working the holiday if the posting is not
filled five (5) days prior to the holiday.
25.7 Employees beginning employment after January 1St of a calendar year shall receive eight
(8) hours of holiday leave per month beginning on the first month in which they are
working as of the first day of that month. Such employees shall receive an advance of
RESOLUTION NO. 2001-41
EXHIBIT B
1
25.8 Any holiday leave not used on or before December 31St of each year will be deemed
forfeited and shall not carry over into the next calendar year.
holiday leave hours equal to eight (8) hours multiplied by the number of whole months
they will work through December of the year in which they were first employed.
The above language constitutes the complete agreement of the Parties regarding changes to the
labor agreement as a result of implementation of the new schedule.
For the City of Brooklyn Center:
Date
Date
For Law Enforcement Labor Services, Inc.:
Date
Date