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Home My WebLink About1997-096 CCRMember Debra ;15'MM introduced the following resolution and moved • its adoption: RES OLUTION NO. RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT LABOR SERVICES (LELS) AND THE CITY OF BROOKLYN CENTER FOR THE CALENDAR YEARS 1997 & 1998 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 LELS 82 (Police) for a contract for the years 1997 and 1998 as attached; excluding sergeants pay and cafeteria benefit plan language to be determined by Interest Arbitration Case Number 96 -PN -540. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to authorize the Mayor and City Manager to execute the attached contract with LELS 82 (Police) for calendar years 1997 and 1998; excluding the issues to be determined by Interest Arbitration Case Number 96 -PN -540; and BE IT FURTHER RESOLVED that authorized wage and benefit adjustments not is to exceed the maximum contained herein shall become effective according to the schedule of the contract which commences January 1, 1997. sl 37 119 -7 Date Mayor ATTEST: *A� City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member i 6t+b)een Carrrcd�l and upon vote being taken thereon, the following voted in favor thereof: f "rna- };ra9ne35, W6V- )bI57+ M, } a+,I Pen OArrmJI) k4y Loft an kki4 and the following voted against the same: �10t'le whereupon said resolution was declared duly passed and adopted. • RESOLUTION NO. 97-96 U LABOR AGREPYIENT BETWEEN THE CITY OF BROOKLYN CENTER LAW ENFORCEMENT LABOR SERVICES, LOCAL NO. 82 JANUARY 1, 1997 - DECEMBER 31, 1998 • 0 RESOLUTION NO. 97-96 TABLE OF CONTENT . ARTICLE 1. PURPOSE OF AGREEMENT .................. ,,, 1 ARTICLE 2. RECOGNITION .................... ARTICLE 3. DEFINITIONS ............... 1 ......................................................... ARTICLE 4. EMPLOYER SECURITY .................... ARTICLE 5. EMPLOYER AUTHORITY .............. 2 ................................................. ARTICLE 6. UNION SECURITY............ ARTICLE 7. SAVINGS CLAUSE........... ARTICLE 8. CONSTITUTIONAL PROTECTION3 .................................................... ARTICLE 9. SENIORITY.......... ARTICLE 10. WORK SCHEDULES ...................................................................... 4 ARTICLE 1I. DISCIPLINE ................................................................................. 4 ARTICLE 12. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE ..................... " ARTICLE 13, OVERTIME.. 7 ARTICLE 14. COURT TIME ............................................................................... 8 • ARTICLE 15. CALL BACK TI;VfE........................................................................ 8 ARTICLE 16. WORKING OUT OF CLASSIFICATION 9 .............................................. ARTICLE 17. STANDBY PAY ............................................................................ 9 ARTICLE 13. LEAVES OF ABSENCE ................................................................... 9 ARTICLE 19. SEVERANCE ................................................................................9 ARTICLE 20. INJURY ON DUTY........................................................................ 10 ARTICLE 21. FALSE ARREST INSURANCE10 ........................................................ ARTICLE22. TRAINING ................................................................................. 10 ARTICLE23. UNIFORIIS................................................................................ I I ARTICLE 2-'.. LONGEVITY AND EDUCATIONAL INCENTIVE ................................ I ARTICLE 25. HOLIDAY LEAVE.......... ARTICLE 26. VACATIONS ...............................................................................12 ARTICLE 27. SICK LEAVE .............................................................................. 13 ARTICLE 28. INSURANCE ARTICLE ?9. ..................................................... ....................... 14 WAGE RATES ............................................................................ 15 RESOLUTION NO. 97-96 MASTER LABOR AGREEMENT • BETWEEN CITY OF BROOKLYN CENTER AND LAW ENFORCELMENT LABOR SERVICES, LOCAL NO. 82 ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into between the City of Brooklyn Center, hereinafter called the EMPLOYER, and Law Enforcement Labor Services, Local No. 82, 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 2 RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statues, Section 179A.03, Subdivision 14, for all police personnel in the following job classifications: Sergeant Police Officer In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or • r exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3 DEFLi ITIOtiS 1.1 UNION: Law Enforcement Labor Services, Local No. 82. 3.2 UNION MEMBER: A member of Law Enforcement Labor Services, Local No. 82. 3.3 DEPARTMENT: The City of Brooklyn Center Police Department. 3.1 EMPLOYEE: A member of the exclusively recognized bargaining unit 3 ; EIPLOYER: The City of Brooklyn Center. y y 3.6 CHIEF: The Chief of the Brooklyn Center Police Department. 3.7 UNION OFFICER: Officer elected or appointed by Law Enforcement Labor Services, Local No. 82. 3.8 DETECTIVE: An employee specifically assigned or classified by the EMPLOYER to the job classification and/or job position of 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. =, i 1 REST BREAKS: Period during the SCHEDULED SHIFT during which the employee remains on continuai duty and is responsible for assigned duties. 0 RESOLUTION NO. 97-96 3.13 LUNCH BREAKS: A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.13 REGULAR BASE PAY RATE: The employee's hourly or monthly base pay rate, • including educational incentive pay, longevity pay, and differential for detective and school liaison officer excluding any other special allowance. 3.14 STRIKE: Concerned action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment for the purposes of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges, or obligations of employment. ARTICLE 4 EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT the UNION will not cause, encourage, participate in, or support any strike, slowdown, or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE 5 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. 5.3 Any term and condition of employment not specifically established or modified by this • AGREE1ti1ENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE 6 UNION SECURITY 6.1 The EMPLOYER shall deduct 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. 6.3 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 andlor alternate. 6.3 The EtifPLOYER shall make space available on the employee bulletin board for posting UNION notice(s) and announce ment(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 7 SAVViGS CLAUSE Tris AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of Brooklyn Center. In the event any provision of the AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final • RESOLUTION NO. 97-96 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 provision may be renegotiated at the written request of either party. ARTICLE 8 CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota Constitutions. ARTICLE 9 SENIORITY 9.1 Seniority shall be determined by continuous length of service in all of the job classifications covered by this AGREEMENT. Employees promoted from classifications covered by this AGREEMENT to a position outside the bargaining unit will continue to accrue seniority under this AGREENIENT until the completion of their promotional Probationary period or for no longer than twelve (12) months. The seniority roster shall be based on length of service in all of the job classifications covered by this AGREEMENT. Employees lose seniority under this AGREEMENT under the following circumstances: resignation, discharge for cause, or transfer or promotion to a classification not covered by this AGREEMENT after completion of the promotional probationary period or for no longer than twelve (12) months after transfer or promotion. 9.2 There shall be an initial probationary period for new employees of twelve (12) months. • 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 their previous position at the sole discretion of the EMPLOYER. 9. ; A reduction of work force will be accomplished on the basis of seniority. The EMPLOYER shall give the UNION and the employees at least two (2) weeks written notice in advance of any layoff. 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 layoff before any new employee is hired. 9.Y 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 employe..s shall be given shift assignment preference after eighteen (IS) months of continuous full-time employment. Except as noted in the preceding sentence, shift assignments shall be bid on the basis of seniority at least annually and after any permanent change in the work schedule. Employees will not be subject to shift rotation more often ;han every four (4) months. RESOLUTION NO. 97-96 9.6 The EMPLOYER shall recognize reverse seniority by classification as the primary factor when calling off-duty employees to duty and when considering scheduled duty changes if such employees are qualified. • 9.7 One continuous vacation period shall be selected on the basis of seniority until April 1 of each calendar year. • 9.8 The EMPLOYER shall recognize seniority as the primary factor when authorizing holiday leave and compensatory time leave. 9.9 No time shall be deducted from an employees seniority accumulation due to absences occasioned by an authorized leave with pay, any military draft or government call-up to Reserves or National Guard, or for layoffs of less than two (2) years in duration. 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. holidays. C. assigned training, and d. authorized leave time. 10.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 10.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the EIMPLOYER may assign employees. ARTICLE 11 DISCIPLLN7E 11.1 The EMPLOYER will discipline employees for just cause only one or more of the following forms: a. oral reprimand: b. written reprimand: C. suspension: d. demotion: or e. discharge, 11.2 Suspension, demotions, and discharges will be in written form. Discipline will be in 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. WE RESOLUTION NO. 97-96 11.4 Employees may examine their own individual personnel tiles at reasonable times under direct supervision of the EMPLOYER. 0 11.5 Discharges will be preceded by a five (5) day suspension without pay. 11.6 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. 11.7 Grievances relating to this Article shall be initiated by the UNION in Step 3 of the grievance procedure under ARTICLE 12. ARTICLE 12 EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 12.1 DEFINITION OF A GRIEVANC - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT T. 12.2 UNION R PR SFNTATIV S - 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. • 12. 3a OF AGRIEVANCE - 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 REPRESS [TATIVE 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 programs of the EMPLOYER. 12.E PROCFD TR.E - Grievances, as defined by Section 12. 1, shall be resolved in conformance with the following procedure: Sru_ I. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after, g such alleged violation has occurred. present such grievance to the El1PLOYEE'S ~ supervisor as designated by the EMPLOYER. The FNfPLO YER-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 RESOLUTION NO. 97-96 provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days aper 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 ?. 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. SLep_3L 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 E�nated representative's final answer to Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. S gglaa If the grievance is not resolved at Step 3 of the grievance procedure, the parties, by mutual agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the zrievance to mediation preserves • timeliness for Step 4 of the grievance procedure. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days of mediation shall be considered waived. Sten J. A grievance unresolved in Step 3 or Step 3a 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. 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. 122.5 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 AGREEDYIENT. 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 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 -6- RESOLUTION NO. 97-96 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. 12.6 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 13 OVERTIi IE 13.1 Employees will be compensated at one and one-half (1'/z) times the employee's regular • base pay rate for hours worked in excess of the employee's regularly scheduled shift. Changes of shift do not qualify an employee for overtime under this Article. 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. -7- RESOLUTION NO. 97-96 13.5 Overtime will be calculated to the nearest six (6) 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. 13.7 When uniformed patrol employees have less than twelve (12) hours of duty-free time between assigned shifts, they will be compensated at a rate of one and one-half (11/2) times the employee's regular base pay rate for the next shift. For purposes of ihis Article, shift extensions, elected overtime, voluntary changes of shifts, City -contracted work, training, and court time are considered as duty-free time. The twelve (12) hour requirement may be waived by mutual agreement between the Employee and the Police Administration. 13.8 As an option to monetary compensation for overtime, a uniformed patrol officer may annually elect compensatory time off at a rate of one and one-half GV:) time, and an employee qualifying for detective differential on a long-term basis may annually elect compensatory time off at a rate of straight time plus one-half (1/3) hour monetary compensation. An employee's compensatory time bank shall not exceed forty (40) hours at any time during a calendar year. On or about December 1 of each year, the City will pay off by check the balance of compensatory time accumulated by each police officer. No compensatory time will be accumulated or used during the month of December. Special overtime duty assignments made available to all positions by the Chief of Police at the police officer's rate of compensation will not be eligible for compensatory time. Compensatory time off shall be granted only at the convenience of the EMPLOYER with • prior approval of the EMPLOYER -designated supervisor. 13.9 Employes given less than sixteen (16) hours notice of a scheduled duty change other than their regularly scheduled work period shall be compensated at one and one-half (1'i) times the employee's regular pay rate for hours worked outside of the scheduled work period. ARTICLE 1.3 COURT TafE An employee who is required to appear in court during their scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (11/-_) times the employee's base pay rate. An employee reporting to court after a scheduled "dog- watch" shift or any other shift ending between 0300 and 0600 hours shall receive a minimum of three (3) hours' pay at one and one-half (1'/--) times the employee's base pay rate. An extension or early report to a regularly scheduled shift for court appearance does not qualify the employee for the two (2) hour minimum. Employees shall not be required to work office or street duty to qualify for the court time minimum. ARTICLE 15 CALL BACK TLtiIE An employee who is called tc duty during their scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (1 ;:) times the employee's base pay RESOLUTION NO. 97-96 rate. An extension or early report to a regularly scheduled shift for duty does not quality the employee for the two (2) hours minimum. • ARTICLE 16 WORKING OUT OF CLASSIFICATION Employees assigned by the EIVfPLOYER 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. ARTICLE 17 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 18 LEAVES OF ABSENCE 18.1 In cases of demonstrated need and where sick leave has not been abused, the EMPLOYER shall Grant to employees a leave of absence without pay for extended personal illness after the accumulative sick leave has expired. Such leaves of absence shall not exceed ninety (90) calendar days. Upon granting such unpaid leave of absence, the EMPLOYER will not permanently till the employee's position and the employee's benefits and rights shall be retained. 1q.2 An employee called to serve on a jury shall be reimbursed the difference between the amount paid for such service (exclusive of travel and expense pay) and his compensation for regularly scheduled working hours lost because of jury service. IS -3 Employees ordered by proper authority to National Guard or Reserve Military Service not exceeding fifteen (15) working days in any calendar year shall be entitled to leave of absence without loss of status. Such employees shall receive compensation from the EMPLOYER equal to the difference between his regular pay and his lesser military pay. 1S.4 EmpIoyees called and ordered by proper authority to active military service in time of war or other properly declared emergency shall be entitled to leave of absence without pay during such service. Upon completion of such service, employees shall be entitled to the same or similar employment of like seniority, status, and pay as it such leave had not been taken. subject to the specific provisions of Chapter 192 of the Minnesota Statutes. ARTICLE 19 SEVERANCE 19.1 An employee shall give the EMPLOYER two (2) weeks notice in writing before terminating his employment. 19.2 Severance pay in the amount of one-third (1/3) the accumulated sick leave employees have to their credit at the time of resignation or retirement, times their respective regular pay rate. shall be paid to employees who have been employed for at least five (5) consecutive years. If discharged for just cause. severance pay shall not be allowed. • -9- RESOLUTION NO. 97-96 ARTICLE 20 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 employee's regular pay and Workers' Compensation insurance payments for a period not to exceed ninety (90) working days per injury, not charged to the employee's vacation, sick leave, or other accumulated paid benefits, after a three (3) working day initial waiting period per injury. The three (3) working day waiting period shall be charged to the employee's sick leave account less Workers' Compensation insurance payments. ARTICLE 21 FALSE ARREST II1SURAINCE The EMPLOYER will provide each employee and pay 100% of the premium due thereon, with Use arrest insurance provided, however, that the EMPLOYER will not be obligated to contribute to the purchase of coverage for any punitive damage claims which may constitute a portion of such false arrest insurance. In the event that separate coverage cannot be obtained (i.e., for false arrest insurance coverage not including punitive damage claims), then the EMPLOYER shall not be obligated to pay for any premium which may become due for such insurance. In that event, the UNION may, on behalf of its members, obtain quotes for such insurance, including insurance containing separate coverage for punitive damage claims arising out of false arrest, and the EMPLOYER shall make contributions to the purchase of such insurance as shall be otherwise required according to the First sentence of this Article. ARTICLE 22 TRAINING • '2.1 The EMPLOYER shall reimburse each employee who is required to maintain a license as a law enforcement officer under Minnesota Statutes, Section 626.84, ec 1�14, for actual expenses of tuition, meals, travel, and lodging incurred in meeting the continuing education requirements of the Minnesota Police Officers Standards and Training Board, not to exceed 48 hours of such training every three (3) years. The EMPLOYER need not make such reimbursement for attendance at a course located more than sixty (60) miles from the City of Brooklyn Center and such reimbursement shall not exceed similar allowances for state employees. If the EMPLOYER provides in-service training to its empiovees which meets the continuing education requirements of the Minnesota Police Officers Standards and Training Boar... and if the EMPLOYER provides its employees with an opportunity to attend such in-service training courses, to the extent that such Opportunity is provided to each employee, the obligation of the EMPLOYER to reimburse such employee for expenses incurred in attending continuing education courses shall be reduced. ?2.? The EMPLOYER shall pay each employee their regular salary while attending continuing education courses whether or not such courses attended are in-service training courses or courses given by instructors other than the EMPLOYER. The obligation of the EMPLOYER to pay such salaries shall not exceed a total of forty-eight (48) hours every three (3) years. L RESOLUTION NO. 97-96 ARTICLE 23 UNIFORMS The EMPLOYER shall provide required uniform and equipment items. In addition, the • EMPLOYER shall pay to the uniformed officers a maintenance allowance of $85.00 per Year. Plainclothes officers, including the trainee, shall be paid a clothing allowance of $400.00 per year. ARTICLE 24 LONGEVITY AND EDUCATIONAL INCENTIVE Effective January 1, 1995, the following terms and conditions are effective: 24.1 After four (4) years of continuous employment, each employee shall choose to be paid supplementary pay of $102 per month or supplementary pay based on educational credits as outlined in 24.6 of this Article. 24.2 After eight (8) years of continuous employment, each employee shall choose to be paid supplementary pay of $169 per month or supplementary pay based on educational credits as outlined in 24.6 of this Article. 24.3 After twelve (12) years of continuous employment, each employee shall choose to be paid supplementary pay of $237 per month or supplementary pay based on educational credits as outlined in 24.6 of this Article. 2" After sixteen (16) years of continuous employment, each employee shall choose to be paid supplementary pay of 5305 per month or supplementary pay based on educational credits as outlined in 24.6 of this Article. • 214.5 Employees may choose supplementary pay either for length of service or for educational credits no more often than once every twelve (12) months. 2T.6 Supplementary pay based on educational credits will be paid to employees after twelve (1?) months of continuous employment at the rate of: Educational Credits Stated in Terms Percentage Pay of C'ni1PaP nuartpr Credits Increment 45- 89 $102 per month 90 - 134 S169 per month 135- 179 5237 per month 180 or more 5305 per month Not all courses are to be eligible for credit. Courses receiving qualifying credits must be job related. (Thus, a four-vear degree is nor automatically 180 credits; or a two-year certificate is nor automatically 90 credits.) Job-related courses plus those formally required to enter such courses shall be counted. If Principles of Psychology (8 credits) is required before Lakin; RESOLUTION NO. 97-96 The 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. ARTICLE 25 HOLIDAY LEAVE 25.1 Holiday leave shall be granted for the following holidays: New Year's Day Columbus Day Martin Luther King Day Veterans' Day Presidents' Day Thanksgiving Day Memorial Day Christmas Day Independence Day Two (2) floating holidays Labor Day 25.2 Employees shall receive compensatory time off for each of the earned and accrued holidays. Such time off shall be taken as soon as practicable before or after the holiday for which it is accrued and as approved by the EMPLOYER. 25.3 An employee who works on New Year's Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, Memorial Day, Veterans' Day, Columbus Day, Martin Luther King's Day, or Presidents' Day shall receive time and one-half (1'/z) his regular pay rate for all hours worked in addition to straight compensatory time off for the holiday. • 35.4 Except as provided in 25.3, overtime pay shall not be authorized for employees for hours worked on holidays wheat such work is part of the planned schedule. 25.6 An employee may request a holiday off, which he/she is required to work, prior to fourteen calendar days before the holiday. The employer shall post the open holiday Shift to be tilled by another emplovee 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. ARTICLE 26 VACATIONS 1-6.1 Permanent full-time employees shall earn vacation leave with pay as per the following schedule: 0 through 5 years of service - eighty (80) hours per year (accrued at 3.08 hours per pay period) 6 through 10 years of service - one hundred twenty (120) hours per year (accrued at =1.62 hours per pay period) eight (8) additional hours per year of service to a maximum of one hundred sixty (160) hours atter tifte-In (15) years of service • RESOLUTION NO. 97-96 11 years - 4.92 hours per pay period 12 years - 5.23 hours per pay period • 13 years - 5.54 hours per pay period 14 years - 5.85 hours per pay period 15 years - 6.15 hours per pay period 26.2 Employees using earned vacation leave or sick leave shall be considered working for the purpose of accumulating additional vacation leave. 26.3 Vacation may be used as earned, except that the EMPLOYER shall approve the time at which the vacation Ieave may be taken. No employee shall be allowed to use vacation leave during his initial six (6) months of service. Employees shall not be permitted to waive vacation leave and receive double pay. 26.4 Employees with less than five (5) years of service may accrue a maximum of one hundred twenty (120) hours of vacation leave. Employees with more than five (5) but less than fifteen (15) consecutive years of service (uninterrupted except for Iayoff not exceeding two (2) years duration in any single layoff period) may accrue a maximum of one hundred sixty (160) hours of vacation leave. Employees with fifteen (15) consecutive years or more of service (uninterrupted except for layoff not exceeding two (2) years duration in any single layoff period) may accrue a maximum of two hundred thirty (230) hours of vacation leave. • 26.5 Employees leaving the service of the EMPLOYER in good standing, after having given the EMPLOYER proper notice of termination of employment, shall be compensated for vacation leave accrued and unused. ARTICLE 27 SICK LEAVE 27.1 Sick leave with pay shall be granted to probationary and permanent employees at the rate of eight (8) hours per month or ninety-six (96) hours per year (computed at 3.69 hours per pay period) of full-time service or maior fraction thereof, except that sick leave granted probationary employees shall not be available for use during the first six (6) months of service. 2 7.2 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 children 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, grandparents, grandparents -in-law, and grandchildren of the employee. In addition to the preceding conditions, supervisors may approve the use of sick leave, up to a maximum of four (4) days (32 hours) per calendar year. for the care of the employee's children or spouse when the employee's supervisor determines that the situation requires the employee's presence. The four (4) special -use days (32 hours) cannot be accumulated from one • year to the next. and if they are not used, thev are included in the emplovee's normal sick -leave accumulation. -13- RESOLUTION NO. 97-96 27.3 Sick leave shall accrue at the rate of eight (8) hours per month or ninety-six (96) hours per year until nine hundred sixty (960) hours have been accumulated (sha11 be computed at 3.69 hours per pay period). Effective January 1, 1994, after nine hundred sixty (960) hours have been accumulated, sick leave shall accrue at the rate of four (4) hours per month or forty-eight (48) hours per year (computed at 1.85 hours per pay period), and simultaneously vacation leave, in addition to regular vacation leave accrual, shall accrue at the rate of two (2) hours per month or twenty-four (24) hours per year (computed at .925 hours per pay period). Employees using earned vacation 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 utilizing sick leave. 27.4 In order to be eligible for sick leave with pay, an employee must: a. notify the EMPLOYER prior to the time set for the beginning of their normal scheduled shift; b. keep the EMPLOYER informed of their condition if the absence is of more than three (3) days duration; C. submit medical certificates for absences exceeding three (3) days, if required by the EMPLOYER. 27.5 Employees abusing sick leave shall be subject to disciplinary action. ARTICLE 28 PiSITRANCE • 28.1 1997 Full-time employees selecting dependent health insurance coverage with eligible dependent(s). Effective 1/1/97, the City will contribute payment of three hundred fifty-five dollars (S3 55) per month per employee for use in the Employer's Cafeteria Benefit Plan. Additional benefits may be purchased by the employee as made available through the Employer's Cafeteria Benefit Plan. 28.2 1997 Full-time employees selecting single health insurance. Effective 3/1,97, the City will contribute up to a maximum of two hundred fifty five dollars (5255) per month per emplovee for use in the Employer's Cafeteria Benefit Plan. Additional benefits may be purchased by the employee as made available through the Emplover's Cafeteria Benefit Plan. 28.3 1995 Full-time employees selecting dependent health insurance coverage with eligible dependent(s). Effective 1/1/98, the City will contribute payment of three hundred and sixty dollars (5360) per month per employee for use in the Employer's Cafeteria Benefit Plan. Additional benefits may be purchased by the employee as made available through the Employer's Cafeteria Benefit Plan. v 28.' 1995 Full-time employees selecting single health insurance Effective I "1/98, the City will contribute up to a maximum of three hundred ten dollars • (S310) per month per employee for use in the Employer's Cafeteria Benefit Pian. RESOLUTION NO. 97-96 Additional benefits may be purchased by the employee as made available through Employer's Cafeteria Benefit Plan. • 23.5 Required employee contribution for participation in the Employer's Cafeteria Benefit Plan Single Health Coverage; Basic S10,000 Life Insurance. The employee may use the remainder of the contribution (limits as stated above) for use as provided in the Employer's Cafeteria Plan. Such options (to be determined by Arbitration - Case No. 96 -PN -540) group dental, supplemental life, long-term disability, deferred compensation or cash benefits. ARTICLE 29 WAGE RATES REGULAR BASE PAY RATE: The employee's hourly or monthly base pay rate, including educational incentive pay, longevity pay, and differential for detective, and school liaison officer: and excluding any other special allowance. 29.1 Effective tan Lary 1 1997 Police Officer base rate - (P5) After 36 months of continuous employment 53,716 per month (P4) After 24 months of continuous employment 93 0 of After 36 months rate (P3) After 12 months of continuous employment 864'0 of After 36 months rate (P2) After 6 months of continuous employment 7917o of After 36 months rate (P1) Starting rate 72 o' of ,After 36 months rate • Sergeant 1997 Rates to be Determined by Arbitration - Case No. 96 -PN -540 Administrative Sat 1997 Rates to be Determined by Arbitration - Case No. 96 -PN -540 Comm. Services Sat 1997 Rates to be Determined by Arbitration - Case: No. 96 -PN -540 29.2 Effective January I 1Q98Police Officer base rate: (P5) After 36 months of continuous employment 53,828 per month (PT) After 24 months of continuous employment 93 % of After 36 months rate (P3) After 12 months of continuous employment 8617o of After 36 months rate (P2) After 6 months of continuous employment 79`"0 of After 36 months rate (P1) Starting rate 72% of After 36 months rate • Sergeant 1998 Rates to be Determined by Arbitration - Case No. 96 -PN -540 Administrative Sgt 1998 Rates to be Determined by Arbitration - Case No. 96 -PN -540 Comm. Services Sgt 1998 Rates to be Determined by Arbitration - Case No. 96 -PN -540 29.3 Employees classified or assigned by the EMPLOYER to the following job classifications or positions will receive one hundred seventy five dollars (S175) per month or one hundred seventy five dollars (S 175) prorated for less than a full month in addition to their regular wage rate: Detective School Liaison Officer - 15 - RESOLUTION NO. 97-96 39.4 Employees classified by the E��IPLOYER to the canine handler classification will receive the following in addition to their regular wage rate: . a. The officer will receive the last thirty (30) minutes of each scheduled shift for dog maintenance and care at the officer's home. b. The officer will receive forty-five (45) minutes of overtime pay for dog maintenance, care, and training for each of the officer's scheduled days off. c. When the officer uses time off (sick, vacation, or comp time) for any whole scheduled shift, he must take time equivalent to one-half hour less than whole shift and be paid for whole shift. d. When the officer uses holiday time for any whole schedule shift, he must take eight (8) hours of leave time and will be paid for eight (8) hours. CD e. When the officer uses a portion of a scheduled shift as sick or vacation time, which is less than the full eight (8) hours, he must take the actual time used in leave time. f. When dog is out of the care of the canine officer, all above items do not apply. ARTICLE 30 AGREEIMENT LNIPLEMENTATION EMPLOYER shall implement the terms of this AGREEMENT in the form of a resolution. If the implementation of the terms of this AGREEMENT require the adoption of a law. ordinance. or charter amendment, the EMPLOYER shall make every reasonable effort to propose and secure the enactment of such law, ordinance, resolution, or charter amendment. • ARTICLE 31 WAIVER 30.1 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 AGREEtitENT. are hereby superseded. 30.3 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 or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. • RESOLUTION NO. 97-96 ARTICLE 32 DURATION This AGREEMENT shall be effective as of January 1, 1997, and shall remain in full force • and effect until the thirty-first (31) day of December, 1998, as noted in the contract. IN WITNESS THERETO, the parties have caused this AGREEMENT to be executed this day of , 1997. FOR THE CITY OF BROOKLYN CENTER Mayor City Manager - 17- FOR LAW ENFORCEMENT LABOR SERVICES NO. 82 n � Business Agent Union Steward