HomeMy WebLinkAbout[04b] Labor Agreement - LELSMEMORANDUM OF UNDERSTANDING
Between
LAW ENFORCEMENT LABOR SERVICES
LOCAL UNION No. 224
and
CITY OF ST. JOSEPH
This Memorandum of Understanding has been executed this day of , 2009, by and between
the City of St.loseph, hereinafter referred to as the "City" and Law Enforcement Labor Services Local Union 224
hereinafter referred to as "EELS" or the "Union".
WHEREAS, the City and EELS negotiated in good faith the Labor Agreement for the period January 1, 2009
through December 31, 2009; and
WHEREAS, the City of St. Joseph receives 34% of its general fund budget from Local Government Aid (EGA) and
due to the State deficits, Governor Pawlenty used his administrative powers and unallot certified LGA payments for
December. For St. Joseph, this reduction amounted to $ 103,000; and
WHEREAS,. based on current and projected economic conditions, it is uncertain if the 2009 General Fund Budget
will be funded as further reductions to LGA seem eminent and it will not be known until the Legislative Session end in
2009; and
WHEREAS, the City of St. Joseph has requested that all bargaining units agree to a one year freeze in pay; and
NOW THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED that execution of the Labor Agreement for the
period January 12009 to December 31, 2009 accepting a wage freeze is based on the following:
The City will not receive full LGA funding in 2009 creating. a budget deficit for the adopted 2009 General
Fund Budget; and
All Labor Unions and employees are part of a one year wage freeze, excluding employees eligible for a step
increase.
BE IT FURTHER RESOLVED THAT IT IS MUTUALLY UNDERSTOOD AND AGREED TO AS FOLLOWS:
If the after the Legislature ends in 2009, the City agrees to open section 15.1 of the Labor Agreement to re-
negotiate the wages for the contract period, January 12009 through December 31, 2009. It is understood
that the ability to increase wages will be dependent on the amount of certified LGA the City will receive in
2009.
If the City settles another Labor Contract or Agreement with an increase in wages, the City agrees to open
section 15.1 of the Labor Agreement to re-negotiate the wages for the contract period January 1 2009
through December 31, 2009.
The wage freeze only refers to the cost of living increase and employees eligible for a step increase will still
advance on the step system.
IN WITNESS WHEREOF the parties hereto have set their hands and seals this day of .2008.
CITY OF ST. JOSEPH LAW ENFORCEMENT LABOR SERVICES
Alan Rassier, Mayor
Judy Weyrens, Administrator
Nick Wetschka, Business Agent
Dwight Pfannenstein, Union Steward
betwecn LELS Loca1224 and the Citv of St.
Employees call in for court appearances during an off duty Accepted, contract has been amended
8.4 day or vacation shall receive a minimum of two (2) hours
pay at time and one half. 1F ..,...,. +"-...' ",.• °. +"^
+L... Cw...l.. .I, mot. .. L.++: .. L... .I. ..+....F ... . F..
If an employee is scheduled for a court appearance and the Accepted, contract language has been amended
8.5 matter is canceled after ~:^^ °~--~,-..^, +"~^ ~~,T twenty four (24)
hours before the scheduled appearance the employee shall
be compensated two (2) hours of pay. The compensation
will be paid atone and one half (1'/:)times the employees
straight time hourly rate of pay.
9 Holiday -would like to open this area up for discussion on Language will be amended in the contract to allow
probationary employees and use of holiday hours probationary employees who work on a holiday until the
end of their probationary period to use any banked hours.
Probationary employees cannot cash out any unused hours.
10.3 Employees are allowed to carry forward to the next Rejected, contract will not be amended
calendar year a maximum of 100 hours. All unused vacation
time in excess of 100 hours shall be forfeited. Employees
with ten (10) or more years of service are allowed to carry
forward to the next calendar year a maximum of one
hundred sixty (160) hours. For employees with ten (10)
years of service or more all unused vacation time in excess
of one hundred sixty (160) shall be forfeited.
11.2 Sick leave may be accumulated up to a maximum of seve+a
"~ •~•'°^'' ~^~"°•^^*•• "'^' "^ •~ one thousand two hundred
fifty (1250) hours. `"'"^^ ~^ nFF'.•... ":....1 .. .+., i-. ,.. , t Rejected, contract will not be amended
24.1 An employee shall be granted t#ee five (5) days leave with
pay in the event of the death in the immediate family Accepted, contract language has been amended
(spouse, children, father, mother, legal guardian, brothers,
sisters) and eFie three (3) days leave with pay for the funeral
of a mother-in-law, father-in-law, grandmother or
grandfather. In the event of unusual circumstances, sick
leave may be taken in addition to funeral leave on approval
of the Police Chief/Administrator.
12 Insurance -Verification on the rate of deductible The City will contribute the following deductible rates for
contribution the employees in the HSA Insurance Plan: $ 2,000 single
coverage, $ 4,000 family coverage.
15 Wages -The union proposes a 4.5% cost of living increase LELS agreed through MOU to freeze wages and revisit this
for both 2009 and 2010. section after the legislative session is over.
15 Wages -Shift differential, The union proposes shift Rejected, contract language will not be amended.
differential be increased to .75 in 2009 and .85 in 2010.
16 Longevity -Discuss alternative options Agreed to drop this matter for this contract period
17 Uniforms-The Union proposes a uniform allowance of Accepted, contract language will be amended, an increase
$625 in 2009 and $ 650 in 2010 of $ 25 for 2D09 only.
24 Duration -The Union proposes a two year agreement Due to the wage freeze, it was agreed to enter into only a
one year contract.
Labor Agreement between the
City of St. Joseph
and
Law Enforcement Labor Services (LEES)
Contract Period: January 1, 2009 -December 31, 2009
Labor Agreement between the City of St. Joseph and LELS
Index
Article 1 Purpose of the agreement 1
1.1 Purpose of the agreement -Interpretation 1
1.2 Purpose of the agreement -Terms and conditions 1
Article 2 Recognition 1
2.1 LELS as exclusive representative 1
Article 3 Definitions 1
3.1 LELS 1
3.2 LELS member 1
3.3 Employee 1
3.4 Regular employee 1
3.5 Introductory employee 1
3.6 Department 1
3.7 Employer 1
3.8 Chief 1
3.9 Scheduled shift 1
Article 4 Employer Authority
4.1 Employer retains right to manage the employees
1-2
1-2
Article 5 Employee Security 2
5.1 LELS to designate and make Employer aware of stewards/alternate 2
5.2 Discrimination 2
5.3 Payment of union dues 2
5.4 Employer to furnish a counsel to defend Officers 2
Article 6 Employer Rights and Grievance Procedure 2-5
6.1 Definition of a grievance 2
6.2 Union representatives 2
6.3 Processing of a grievance 2-3
6.4 Procedure 3-4
6.5 Arbitrator's Authority 4-5
6.6 Waiver S
Article 7 Hours of Work 5
7.1 Employer to determine work schedules 5
7.2 Normal work day 5
7.3 Normal workweek 5
7.4 Work Schedules to be posted 5
7.5 "Emergency" circumstances 5
7.6 Shifts to be rotated 5
7.7 Sundays and Holidays 5
Article 8 Overtime and Premium Pay 5-6
8.1 Work beyond the normal work day 6
8.2 Employees to receive equal amounts of overtime 6
8.3 Employees returning to duty 6
8.4 Employees calved in for court appearances 6
8.5 Employees called in for court appearances/court cancelled 6
8.6 Overtime computation 6
8.7 Overtime not to be compounded 6
Article 9 Holidays 6-7
9.1 Paid Holidays 6
9.2 Regular Employees working on a paid holiday 7
9.3 Personal Holiday 7
Article 10 Vacations 7-8
10.1. Regular Employees 7
10.2 Employees leaving employment 8
10.3 Amount to carry over 8
10.4 Working on a scheduled vacation day 8
10.5 Vacation preferences 8
10.6 Emergency 8
Article 11 Sick leave 8-9
11.1 Sick leave earned 8
11.2 Maximum sick leave accumulation 8
11.3 Retirement/Termination 8-9
11.4. Purpose of sick leave 9
11.5 Certification of sick leave 9
11.6 Requirement to notify police chief 9
11.7 Cause for disciplinary action 9
11.8 Funeral leave 9
11.9 Military leave 9
Article 12 Insurance
12.1 Employer to offer two health insurance plans
12.2 Life Insurance
9-10
9-10
10
Article 13 Introductory Period, Seniority and Resignation 10
13.1 One year introductory period for new officers 10
13.2 Employees to become regular employees 10
13.3 No regular employee to be laid off while an introductory employee employed 10
13.4 Employees written notice of intent to resign 10
Article 14 Discipline 10-11
14.1 Forms of discipline 10-11
14.2 Suspensions, demotions and discharges to be in written form 11
14.3 Employees and LELS to receive copies of all written notices 11
14.4 Employees to examine their personnel files 11
14.5 Investigation of disciplinary action 11
14.6 Grievances to be initiated by LELS 11
Article 15 Wages 11
15.1 Employees to be paid in accordance with Schedule "A" 11
15.2 Differential pay 11
15.3 Field Training Officer (FTO) 11
15.4 Employee promoted to sergeant 11
Article 16 Longevity 11
16.1 Employees eligible for longevity payment 11
16.2 Longevity payment to be paid 11
Article 17 Uniforms 11-12
17.1 New employees to be provided proper uniform 12
17.2 Employer to make direct payment to vendors 12
17.3 Ability to use uniform allowance for dry cleaning services 12
17.4 Uniform allowance to be used for items on Attachment "B" 12
17.5 Employer to designate two vendors and accrual of uniform allowance 12
17.6 Ability to carry over unused uniform allowance 12
17.7 Employer to cover all costs of glasses damaged in line of duty 12
17.8 Employer to pay for repair or replacement of watches in line of duty 12
Article 18 Weapons 13
18.1 Employer to furnish ammunition for practice 13
18.2 Employer to furnish ammunition for duty 13
Article 19 Licenses 13
19.1 Employer to pay the annual POST license fee 13
Article 20 Retirement Contributions 13
20.1 Employer and Employee to contribute to PERA 13
20.2 Deferred Compensation program to be made available 13
Article 21 Post Retirement Health Care Savings 13-14
21.1 Establishment of VEBA 13
21.2 Severance Pay 13
21.3 Contribution -Unused Sick Leave 13
21.4 Contribution -Unused Vacation 14
21.5 Administrative Fee 14
Article 22 Police Policy and Procedure Manual and Employee Manual 14
22.1 Collective bargaining agreement shall govern over the Employee Manual 14
Article 23 Waiver 14
23.1 All prior agreements, etc to be suspended 14
23.2 Agreement to be opened only upon consent of both the Employer and Union 14
Article 24 Savings Clause 14-15
24.1 Provisions to be voided if contrary to law
14-15
Article 25 Duration 15
25.1 Agreement to be automatically renewed annually unless desire to terminate 15
Attachments 16-17
Attachment "A" 16
Attachment "B" 17
ARTICLE 1 PURPOSE OF THE AGREEMENT
This agreement is entered into between the City of St. Joseph, hereinafter called the "Employer",
and the Law Enforcement Labor Services, Inc. hereinafter called the "LELS". It is the intent and
purpose of the Agreement to:
1.1 Establish procedures for the resolution of disputes concerning this Agreement's
interpretation add/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 LELS as the exclusive representative under Minnesota Statues,
Section 179A.03, Subdivision 8, for all employers of the St. Joseph Police Department
who work more than fourteen (14) hours per week or 67 days per year, excluding the
Chief of Police and all other non-police Employees of the City of St. Joseph.
ARTICLE 3 DEFINITIONS
3.1 LELS: Law Enforcement Labor Services, Inc.
3.2 LELS Member: A member of the St. Joseph Police Department as described in Paragraph
2.1.
3.3 Employee: A member of the exclusively recognized bargaining unit.
3.4 Regular Employee: Employee who has completed the introductory period.
3.5 Introductory Employee: Employee who has not yet completed the introductory period.
3.6 Department: The City of St. Joseph Police Department.
3.7 Employer: The City of St. Joseph.
3.8 Chief: Police Chief, City of St.loseph
3.9 Scheduled Shift: A continuous work period including two fifteen (15) minute paid rest
breaks and cone-half (1/2) hour paid lunch break.
ARTICLE 4 EMPLOYER AUTHORITY
4.1 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
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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 and inherent managerial functions not
specifically limited by this Agreement.
ARTICLE 5 EMPLOYEE SECURITY
5.1 LELS may designate employees from the bargaining unit to act as steward and alternate
and shall inform the Employer in writing of such choice and changes in the position of
steward and/or alternate.
5.2 There shall be no discrimination, by the Employer or LELS against any employee because
of, race, color, creed, religion, national origin, sex, marital status, status with regard to
public assistance, membership or activity in a local commission, disability, sexual
orientation, age or non-membership in LELS.
5.3 For such employees as authorize it in writing, the Employer shall deduct from the first
pay of each month an amount equal to the regular monthly LELS dues and shall remit
such monies to the Treasurer of LELS.
5.4 The Employer and LELS recognize the provision of Minnesota Statutes 471.44 regarding
the furnishing of a counsel to defend Officers in certain circumstances arising from the
performance of their official duties, for action brought by citizens.
ARTICLE 6 GRIEVANCE PROCEDURE
6.1 DEFINITION OF 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. The Union will notify the EMPLOYER in writing of the names of such
Union Representatives and of the successors.
6.3 PROCESSING OF A GRIEVANCE
It is recognized and accepted by the Union and EMPLOYER the processing of grievances
is limited by the job duties and responsibilities of the employees and will therefore be
accomplished during normal working hours when consistent with such employees'
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duties and responsibilities. The aggrieved employee and the Union Representative will
be released from work, without loss of pay, to investigate a grievance and to attend
meetings or hearings pursuant to this Article provided the employee and the Union
Representative have notified and received the approval of the EMPLOYER who has
determined such absence is reasonable and would not be detrimental to the work
programs of the EMPLOYER.
6.4 PROCEDURE
Grievances, as defined by Section 6.1, shall be resolved in a conformance with the
following procedure:
Step 1. An Employee claiming a violation concerning the interpretation or application of
this Agreement will, within twenty-one (21) calendar days after such alleged violation
has occurred, present such grievance to the Police Chief. The Chief will discuss and give
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 violate, and the remedy requested, and will be
appealed to Step 2 within ten (10) calendar days shall be considered waived.
Step 2. If appealed, the written grievance will be presented by the Union and discussed
with the City Administrator. The City Administrator will give an answer to the Step 2
grievance in writing within ten (10) calendar days after receipt.
A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) days
following the City Administrator's 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 City Council. The City Council will give an answer to such Step 3 grievance in
writing within (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 City Council's fins! answer in Step 3.
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Any grievance not appealed in writing in Step 4 by the Union within ten (10) calendar
days shall be considered waived.
Step 3A. A grievance unresolved in Step 3, may, by mutual agreement of the parties be
submitted to mediation through the Bureau of Mediation Services. A submission to
mediation preserves the time lines for filing.
Step 4. A grievance unresolved in Step 3 and appealed to Step 4 will be submitted to
arbitration subject to the provisions of the Public Employment Labor Relations Act of
1971 as amended. The selection of an arbitrator will 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 will 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 will have no authority to make a decision on any other issue not
so submitted.
B. The arbitrator will 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 will 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 in writing to an
extension. The decision will be binding on both the Employer and the Union and
will be based solely on the arbitrator's interpretation or application of the express
terms of this contract and to the facts of the grievance presented.
C. The fees and expenses for the arbitrator's services and proceedings will be borne
equally by the Employer and the Union provided that each party will 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,
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providing it pays for the record. If both parties desire a verbatim record of the
proceedings, the cost will 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 the 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.
ARTICLE 7 HOURS OF WORK
7.1 The Employer shall be the sole authority in determining the work schedules.
7.2 The normal work day shall consist of ten (10) hours. The Employer may change the
normal work day to eight (8) hour days be a 4/Sth vote of the City Council after
consulting with and receiving a recommendation from the Chief of Police. The Employer
shall provide LELS with sixty (60) days written notice prior to implementing any change
in the work day, unless LELS agrees to shorter notice or the change is necessitated by an
emergency.
7.3 The normal work year shall consist of 2080 hours.
7.4 Work schedules shall be posted one (1) week in advance, subject to change due to
emergency circumstances. Trading of shifts will be allowed if approved by the Chief. Any
department initiated changes less than one (1) week in advance after posting will be
paid at the overtime rate.
7.5 "Emergency" circumstances relate solely to health and safety issues.
7.6 Shifts will be rotated insofar as practical except where some other arrangement
mutually has been agreed upon.
7.7 So far as possible, Employees shall receive an equal number of Sundays and Holidays off
each year.
ART-CLE 8 OVERTIME AND PREMIUM PAY
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8.1 All work in excess of ten (10) hours per day or work beyond the normal scheduled
work time shall be paid for one and one-half (1 1/2) times the Employee's regular
straight time rate of pay.
8.2 So far as possible, Employees shall receive approximately the same amount of
scheduled overtime in any one year.
8.3 An employee called back to duty during his/her off-duty hours shall receive a minimum
of two (2) hours at time and one half.
8.4 Employees called in for court appearances during an off duty day or vacation day shall
receive a minimum of two (2) hours pay at time and one-half.
8.5 If an employee is scheduled for a court appearance and the matter is canceled twenty-
four (24) hours before the schedule appearance the employee shall be compensated
two (2) hours of pay. The compensation will be paid at one at one half (1 %) times the
employee's regular straight time hourly rate of pay.
8.6 Overtime work performed which is compensated for by time and one half time off, in
lieu of overtime shall be called compensatory time. It may be taken in hourly or half
hour increments. Employees may accumulate up to 80 hours of compensatory time and
carry forward to the next calendar year forty (40) hours.
8.7 For purposes of computing overtime compensation, overtime hours worked shall not
be pyramided, compounded, or paid twice for the same hours worked.
ARTICLE 9 HOLIDAYS
9.1 The following twelve days shall be paid holidays for regular Employees:
New Years Day January 15t
Martin Luther King Std Monday in January
President's Day 3`d Monday in February
Good Friday 1/2 day and % day floating
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 15t Monday in September
Veteran's Day November 11t"
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving 4th Friday in November
Christmas Eve December 24tH
Christmas Day December 25tH
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9.2 Regular Employees who work on a paid holiday shall receive some other day off with
pay. Probationary Employees who work on a holiday shall receive another day off.
However, that day must be used before the end of the probationary period or the hours
are forfeited. An Employee is considered to have worked on a holiday only if the
Employee's shift commenced on a holiday regardless of when the shift ended. Should a
paid holiday occur during an Employee's scheduled day off, the Employee shall receive
some other day off with pay. If the Employee fails to take another day off prior to June
1st (for holidays falling on or between December 1st and May 31st) or December 1st
(for holidays falling on or between June 1st and November 30th), the Employee shall be
compensated for the holiday at the regular rate of pay in exchange for the day off. In
addition, full time employees shall be paid at a rate of time and one half for all hours
worked on the following holidays:
New Years Day, Martin Luther King Day, Good Friday, Easter, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Eve,
Christmas Day, President's Day.
9.3 Each regular employee shall receive a Personal Holiday to be used at the discretion of
the employee upon approval of the immediate supervisor. The Personal Holiday hours
may not be taken in increments and will be equal to the hours worked on a typical work
day. Personal Holiday hours not used before December 31 of any calendar year shall be
forfeited. The Personal Holiday cannot be used if the employee has unused holiday
hours from the schedule listed above.
ARTICLE 10 VACATIONS
Full time employees are eligible for paid vacation. An employee is not eligible to use paid
vacation during their first six months of employment. Vacation accrues from the first day of
employment.
10.1 Regular full time Employees shall earn vacation benefits as follows:
a.) Vacation hours will be credited each pay period.
b.) One full year of service equals 40 hours earned.
c.) Two full years through four full years of service, 80 hours are earned
per year.
d.) Five full years through nine full years of service, 120 hours are earned
per year.
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e.) Ten full years through fourteen full years of service, 160 hours are
earned per year.
f.) Fifteen full years and every year thereafter, 200 hours are earned per
year.
10.2 Employees leaving employment in good standing after giving proper notice of
termination shall be compensated for vacation leave earned and unused to the date of
separation.
10.3 Employees are allowed to carry forward to the next calendar year a maximum of eighty
80 hours. All unused vacation time in excess of 80 hours shall be forfeited.
10.4 No Employee may waive vacation leave in order to receive double pay. An Employee
who works on a day when he or she is also taking vacation leave shall not receive
overtime pay for the hours worked, unless actually working more than ten (10) hours.
10.5 Vacation preferences shall be designated by March 30, and seniority shall govern in
cases of conflict. Officers shall schedule at least eighty (80%) of their vacation time by
May 15t of each year.
10.6 An Employee deprived of vacation or any part thereof due to an emergency, shall be
compensated in cash for the vacation time lost, or be allowed the vacation time taken at
a later date on approval of the Employer, at the Employer's discretion.
ARTICLE 11 SICK LEAVE
Full time employees are eligible to earn sick leave. An employee is not eligible to use
sick leave during their first six months of employment. Sick leave accrues from the first
day of employment.
11.1 Sick Leave with pay shall be earned by each regular full time employee on a basis of
eight (8) hours for each month of service.
11.2 Sick leave may be accumulated up to a maximum of seven hundred and twenty (720)
hours. When an officer hired prior to January 1, 2002 has reached the maximum
accumulation of sick days, s/he will be paid for eight hours each month that sick leave is
earned and not used. When an Officer hired after January 1, 2002 has reached the
maximum accumulation of sick days, s/he will be paid four hours worked each month
that sick time is earned but not used.
11.3 Upon retirement or termination in good standing and after three or more years of
service, Employees shall receive four (4) hours pay for each month of unused
accumulated sick leave. When an employee separates employment in good standing,
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with over 10 years of service, they will receive 100% of the accumulated balance that
must be rolled into an IRS approved medical spending account as established by the
Employer.
11.4 Sick leave may be granted only for absence from duty due to personal illness, legal
quarantine, or death or serious illness in the employee's immediate family, and what
amount of sick leave that may be used for death in the immediate family, and what
constitutes "immediate family" shall be a spouse, child, parent, or sibling living in their
home.
11.5 Certification by a physician may be required in any request for sick leave, according to
the City Personnel Policy.
11.6 In order for an eligible Employee to receive sick leave, the employee must report prior
to Scheduled work to the Chief the reason for a proposed absence from duty and keep
the Chief informed of his condition of the absence if it is for more than three (3) days.
11.7 Claiming sick leave when physically fit except as provided by this Article may be cause
for disciplinary action, including suspension, demotion or dismissal.
11.8 Funeral Leave:
An employee shall be granted five (5) days leave with pay in the event of a death in the
immediate family (spouse, children, father, mother, legal guardian, brothers and sisters)
and three (3) days leave with pay for the funeral of a mother-in-law, father-in-law,
grandmother or grandfather. In the event of unusual circumstances, sick leave may be
taken in addition to funeral leave on approval of the Police Chief/City Administrator.
11.9 Military Leave:
Every Employee to whom Minnesota Statutes Section 192.26 or 192.261 applies is
entitled to the benefits afforded by those sections. The state laws giving 15 working
days leave per year to National Guard and Reserve personnel for training or when called
into active duty is mandatory and applies to every city whether or not included in the
ordinance. The section is included simply to make city officers and employees aware of
the fact that the state law applies.
ARTICLE 12 INSURANCE
12.1 The Employer will pay offer the following two health insurance plans:
High Deductible Health Plan 100 (HSA). For this plan the City will pay 80% of the
insurance premium. In addition the City will fund the following deductible for the
calendar year: 2009 Single $ 2,000 and Family $ 4,000. The City will deposit one half of
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the deductible January and the remaining deductible will be deposited with each regular
pay check.
Aware Gold with copay. For this plan the City 70% of the insurance premium with the
employee paying 30%.
The Employer with pay 80% of the dental insurance premium and the employee shall
pay 20% of the premium, for regular full time employees, their spouses, and their
dependants.
12.2 The Employer shall provide regular full time employees with term Life Insurance with
death benefits in the amount of at least $25,000.
ARTICLE 13 INTRODUCTORY PERIOD, SENIORITY, AND RESIGNATION
13.1 All newly sworn police officers shall serve a one (1) year introductory period upon
completion of basic training, and all other Officers with one year full time previous
experience in the State of Minnesota shall serve a six (6) month introductory period.
During their introductory period, employees may be terminated at the sole discretion of
the Employer.
13.2 Upon completion of the introductory period, employees shall become regular
Employees within the meaning of this Agreement and shall have seniority dating from
the beginning date of their continuous employment.
13.3 In the event of a layoff or recall, seniority shall govern provided: that no regular
Employee shall be laid off while introductory employees are employed.
13.4 The Employee shall provide at least fourteen (14) calendar day's written notice of an
intent to resign, specifying the termination date, and reason for resignation. Failure to
provide such notice may mean a loss of termination benefits due under this Agreement.
An unauthorized leave of more than three (3) working days shall be deemed to be a
resignation without notice.
ARTICLE 14 DISCIPLINE
14.1 The Employer will discipline employees for just cause only. Discipline shall be in one of
the following forms:
a.) oral reprimand
b.) written reprimand
c.) suspension
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d.) demotion, or
e.) discharge
14.2 Suspensions, demotions and discharges will be in written form.
14.3 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 LELS shall receive a copy of such reprimands
and/or notices.
14.4 Employees may examine their own individual personnel files at reasonable times under
the supervision of the Employer.
14.5 Employees will not be questioned concerning an investigation of disciplinary action
unless the employee has been given an opportunity to have an LELS representative
present at such a meeting.
14.6 Grievances relating to this Article and involving suspension, demotion or discharge shall
be initiated by LELS in Step 2 of the Grievance Procedure, under Article 6.
ARTICLE 15 WAGES
15.1 All Employees shall be paid in accordance with Schedule "A" attached hereto and made
a part of this Agreement.
15.2 Differential pay will be applied to regularly scheduled work hours from 5:00 PM through
7:00 AM. (Not to include overtime hours). It is payable in multiples of one hours,
scheduled between 5:00 PM and 7:00 AM of the next day. The rate shall be as follows:
2009 $.65 per hour
15.3 The designated Field Training Officer (FTO) shall receive one hour of comp time for each
shift they function as FTO
15.4 An employee promoted to sergeant shall move to the sergeant pay scale with a
minimum wage increase of 5%.
ARTICLE 16 LONGEVITY
16.1 All Officers hired prior to January 1, 2002 shall receive a longevity payment of $20.00
per full year of service.
16.2 Officers receiving longevity pay shall receive payment in December of each year.
ARTICLE 17 UNIFORMS
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17.1 All new Employees shall be provided with an initial proper uniform, provided that any
employee terminated during her/her introductory period shall return all uniform items,
leather, and weapons to the Employer. The City shall provide the following basic
uniform for new personnel:
Patrol Basic Clothing issue:
One cap each-summer and winter style
Two pair of shoes
One jacket
One overcoat
Three shirts each-summer and winter style
Three pants each-summer and winter style
One pair gloves
Two ties
17.2 As a uniform allowance, the Employer shall make direct payment to approved vendors
for uniform items purchased by the Employee. The uniform expenses paid by the
Employer per year for each officer shall not exceed the following amounts:
2009 $ 625
Any uniform purchases in excess of the above stated amounts shall be an expense of the
employee.
17.3 Officers shall be allowed to use up to one-half of the uniform allowance for dry cleaning
services. The St. Joseph Laundromat shall be the designated vendor and the City will
establish an account so that the City is billed directly for the cleaning. Dry cleaning
services are limited to approved police apparel.
17.4 The uniform allowance provided in section 17.2 must be used to purchase items listed in
Attachment B of this agreement.
17.5 The Employer shall designate at least two approved vendors, based upon the
recommendation of LELS. New employees shall not accrue uniform allowance until
completion of their six (6) month introductory period. Upon completion of their
introductory period, new officers shall be entitled to a uniform allowance prorated for
the remainder of the calendar year in which the introductory period ends.
17.6 Officers shall be allowed to carry forward a total of $100 of unused uniform allowance
from one calendar year to the next.
17.7 The Employer shall cover all costs on glasses damaged or destroyed in the line of duty.
17.8 The Employer shall pay up to twenty-five (25) dollars for repair or replacement of
watches in the line of duty.
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ARTICLE 18 .WEAPONS
18.1 The employer shall furnish each officer with up to two boxes of ammunition (100
rounds) per month for practice. The officer shall sign a receipt indicating that they have
received the ammunition for target practice. Each Officer shall be issued four targets for
each one hundred rounds of ammunition. All targets shall be returned on July 1 and
January 1 of each calendar year.
18.2 The employer shall furnish each officer with the required duty ammunition once per
year.
ARTICLE 19 LICENSES
19.1 The Employer shall pay annually the POST license for all full time regular employees.
ARTICLE 20 RETIREMENT CONTRIBUTIONS
20.1 The Employer shall contribute to PERA for each employee as required by Minnesota
Statute; the Employees shall contribute as required by Minnesota Statute.
20.2 The Employer shall make a deferred compensation program available to all Officers. The
Employer will not contribute to the program.
ARTICLE 21 POST RETIREMENT HEALTH CARE SAVINGS
21.1 Establishment of VEBA. The Employer will establish an Employer-sponsored
Post Retirement Health Care Savings Plan (HCSP) as provided for in the Laws of
MN 2001, Chapter 352.98, for participation of regular full time employees.
21.2 Severance Pay. Upon severance through retirement or termination of
employment the employee shall be entitled to 100% of their allowable
accumulated sick leave and vacation hours for severance purposes. Payment
shall be determined on the basis of the employee's rate of pay in the last pay
period prior to severance.
21.3 Contribution -Unused Sick Leave. Within sixty (60) days of the effective date of
severance, the Employer shall deposit into the individual HCSP account 100% of
the accumulated, unused sick leave. Employees will not be entitled to receive
this amount in the form of taxable cash compensation.
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21.4 Contribution -Unused Vacation. Within sixty (60) days of the effective date of
severance, the Employer shall deposit into the individual HCSP account 100% of
the accumulated, unused vacation hours. Employees will not be entitled to
receive this amount in the form of taxable cash compensation
21.5 Administrative Fee. Annual investment fee charges and administrative fees to
administer the Plan are deducted from the employee HCSP Account.
ARTICLE 22 POLICE POLICY AND PROCEDURE MANUAL AND EMPLOYEE MANUAL
22.1 Where the Collective Bargaining Agreement conflicts with the Employee manual, the
Collective Bargaining Agreement shall govern. Otherwise, the Police Officers shall be
subject to the terms and conditions of the Employee Manual.. The Police Officers shall
also be subject to the policies and procedures set forth in the Police Policy and
Procedure Manual. Where the terms of the Police Policy and Procedure Manual conflicts
with either the Collective Bargaining Agreement or the Employee Manual, the Collective
Bargaining Contract and the Employee Manual shall govern.
ARTICLE 23 WAIVER
23.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations
regarding terms and condition of employment to the extent inconsistent with the
provision of the Agreement, are hereby superseded.
23.2 All agreements and understandings arrived at by the parties are set forth in writing in
this Agreement for its specified term. The Employer and the Association agree that only
upon written consent of both parties may this agreement be opened during its life for
purposes of negotiations on terms or conditions of employment covered by this
Agreement or those not specifically referred to or covered by this Agreement.
ARTICLE 24 SAVINGS CLAUSE
24.1 The Agreement is subject to the laws of the United States, the State of Minnesota and
the City of St. Joseph. In the event any provision of this Agreement shall be held
contrary to law by court of competent jurisdiction form whose final judgment or decree
no appeal has been taken within the time provided, such provisions shall be voided. All
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other provisions of the Agreement shall continue in full force and effect. The voided
provisions may be renegotiated at the written request of either party.
ARTICLE 25 DURATION
25.1 This Agreement shall be in effect from January 1, 2009 to December 31, 2009 and shall
remain in effect from year to year thereafter unless either party gives written notice 90
day prior to any anniversary date of its desire to amend or terminate the agreement.
IN WITNESS WHEREOF the parties hereto have set there hands and seals this day of
.2009.
CITY OF ST. JOSEPH
LAW ENFORCEMENT LABOR SERVICES
By: By:
Alan Ressler, Mayor Nick Wetschka, Business Agent
By: By:
Judy Weyrens, Administrator Dwight Pfannenstein, Union Steward
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Attachment "A"
2009 Wage Schedule -Police Officer and Police Sergeant
Patrol Officer -Step One 18.71 `Police Sergeant -Step One 20.21
2009- - 0.00% 18.71 2009 - 0.00% 20.21
Patrol Officer -Step Two 19.56 ;. Police Sergeant -Step Two 21.12
2009 - 0.00% 19.56 2009 - 0.00% 21.12
Patrol Officer -Step Three 20.44 ~ Police Sergeant -Step Three 22.07
2009- 0.00% 20.44 2009 - 0.00% 22.07
Patrol Officer -Step Four 21.35 Police Sergeant -Step Four 23.06
2009 - 0.00% 21.35 2009- 0.000% 23.06
Patrol Officer -Step Five 22.35 Police Sergeant -Step Five 24.10
2009 - 0.00% 22.35 2009 - 0.00% 24.10
Patrol Officer -Step Six 23.32 Police Sergeant -Step Six 25.19
2009 - 0.00% 23.32 2009 - 0.00% 25.19
Patrol Officer -Step Seven 24.37 Police Sergeant -Step Seven 26.32
2009 - 0.00% 24.37 2009 - 0.00% 26.32
Patrol Officer -Step Eight 25.47 Police Sergeant -Step Eight 27.50
2009 - 0.00% 25.47 2009 - 0.00% 27.50
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Attachment "B" Uniform Allowance
The following is a list of uniforms items, which can be purchased with the uniform allowance,
provided each officer by the City of St. Joseph. Once purchased these items become the
property of the Officer. All uniform purchases must be accompanied with a purchase order
signed by the Police Chief.
Long & Short Sleeve Shirts
Summer and Winter pants
Uniform Turtleneck
Summer/Winter/Dress Hat
Ties & Tie Clasp
Black Shoes/Boots
Bullet Proof vest cover
Winter/Spring/Fall Coats
Gloves
Bike Patrol Officers -Uniforms/gear
Protective Glasses - not to exceed 25% of annual allowance
Mini Belt type Flashlight/holder/bulbs/batteries/chargers
Weapon Light and holder
2"d Set of Handcuffs
Duty Belt /Inner Belt
Belt/Key Keeper
Shoe & leather polish, inserts, laces
Raid type jacket or jump suit
Rain Gear
LD. & Badge holder
Name tag/collar brass/rank insignia
Brief Case/organizer/clip board
Plain Clothes Holster
Knife/seat belt cutter/multi-tool
Pens/refill
City Apparel - based on the City contract (limited to $ 50 annually)
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