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HomeMy WebLinkAboutResolution 80-70RESOLUTION 80~0 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that: WHEREAS, negotiations have proceeded between the Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320, representing Sergeants of the City's Police Department, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract, for the calendar years 1980 and 1981, NOW, THEREFORE, BE IT RESOLVED, that the contract agreement as negotiated, be and are hereby established as the salary and fringe benefit program for calendar years 1980 and 1981 for Sergeants of the Columbia Heights Police Department. BE IT FURTHER RESOLVED, that the Mayor and City Manager be authorized to execute this agreement. Passed this 27 day of October, 1980. Offered by: Heintz Seconded by: Hentges Roll Call: All ayes Bruce G Nawrockm, Mayor anke Student, Ct~cil Secretary LABOR AGREEMENT BETVEEN CITY OF COLUMBIA HEIGHTS AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320 ARTICLE I PURPOSE OF AGREEMEUT This AGREEMENT is entered into between the City of Columbia Heights, hereinafter called the EMPLOYER, and the MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320, 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'5 interpretation and/or appllcation; and 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE II 2.1 2.2 RECOGNITION The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, for police personnel in the following job classification: Police Sergeant In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III DEFINITIONS 3.1 UNION: The Minnesota Teamsters Public and Law Enforcement Employees' Union, Local No. 320. 3.2 UNION MEHBER: A member of the Minnesota Teamsters Public and Law Enforcement Employees~ Union, Local No. 320. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The Columbla Helghts~ Police Department. 3.5 EMPLOYER: The City of Columbia Heights. 3.6 CHIEF: The Chief of the Columbia Heights~ Police Department. 3.7 UNION OFFICER: Officer elected or appointed by the Minnesota Teamsters Public and Law Enforcement Employees~ Union, Local No. 320. 3.8 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.9 REST BREAKS: Periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.10 LUNCH BREAK: A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.11 STRIKE: CoNcerted action in failing to report for duty, the wi]lful absence from one's position, the stoppage of work, slow- down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purpose of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. -2- ARTICLE IV EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT that the UNION will not cause, encourage, participate in or support any strike, slow- down or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V 5.1 5.2 EMPLOYER AUTHORITY 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 organi- zational 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. Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE VI 6.1 6.2 6.3 UNION SECURITY The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. The UNION may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of steward and/or alternate. The EMPLOYER shall make space available on the employee bulletin board for posting UNION notice(s) and announcement(s). -3- The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgements brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. ARTICLE VII EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 UNION REPRESENTATIVES The EMPLOYER will recognize REPRESENTATIVES designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION REPRESENTATIVES and of their successors when so designated as provided by 6.2 of this AGREEMENT. 7.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responslbilities 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 REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the UNION REPRESENTA- TIVE have notified and received the approval of the designated supervisor who has determlned that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 7.4 PROCEDURE Grievances, as defined by Section 7.1, shall be resolved in con- formance with the following procedure: Step 1. An EMPLOYEE claiming a violation concerning the inter- pretation or application of this AGREEMENT shall, within twenty- one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be con- sidered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 repre- sentative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (lO) 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 flnal Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be con- sidered waived. -5- 7.5 Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not re- solved in Step 3 may be appealed to Step q within ten (10) calendar days following the EMPLOYER-designated representative's final answer in 5rep 3. Any grievance not appealed in writing to Step q by the UNION within ten (10) calendar days shall be considered waived. Step 4, A grievance unresolved in Step 3 and appealed to Step 4 by the UNION shall be submitted to arbitration subject to the pro- visions 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 Public Employment Relations Board, ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, 7.6 whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbltrator's interpreta- tion or appllcation of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbltrator~s services and pro- ceedings 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. WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered ~swaived'~. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION in each step. ARTICLE VIII SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Columbia Heights. In the event any pro- vision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from ~vhose final 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 IX SENIORITY 9.1 Seniority shall be determined by the employee's length of employ- ment in job classifications within this bargaining unit and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2 During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period a promoted or reassigned employee may be replaced in his/her previous position at the sole discretion of the EMPLOYER. A reduction of work force will be accomplished on the basis of job classification seniority. Employees shall be recalled from layoff on the basis of job classification seniority. An employee on layoff shall have an opportunity to return to work within two years of the time of his/her layoff before any new employee is hired. Recalled employees shall have ten (10) working days after notifica- tion of recall by registered mail at the employee's last known address to report to work or forfeit all recall rights. 9.4 Senior employees will be given preference with regard to changes in job classification through assignment or promotion when the job-relevant qualifications of employees are equal. 9.5 One continuous vacation period shall be selected on the basis of seniority until May ! of each calendar year. ARTICLE X IO.1 10.2 lO.3 10.4 DISCIPLINE The EMPLOYER will disclpline employees for just cause only. Disci- pline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge. Suspensions, demotions and discharges will be in written form. 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. Employees may examine their own individual personnel files at reasonable times under the direct supervision of of the EMPLOYER. ARTICLE Xl INSURANCE 11.1 The EMPLOYER will contribute up to a maximum of: a) eighty-five dollars ($85) per month per employee for calendar year 1980; b) ninety-five dollars ($95) per month per employee for calendar year 1981 for group health and life insurance including dependent coverage. 11.2 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health and group life insurance. !1.3 Additional life insurance can be purchased by employees at the employee's expense to the extent allowed under the EMPLOYER'S group policy. -9- ARTICLE Xll UNIFORMS The EMPLOYER shall provide required uniform and.equipment items. ARTICLE XlII 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 Worker's 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 five (5) working day initial waiting period per injury. The five (5) working day waiting period shall be charged to the employee's sick leave account less Worker's Compensation insurance payments. ARTICLE XlV HOLIDAYS In lieu of holidays, employees shall be paid eleven (11) eight-hour days per year. ARTICLE XV SICK LEAVE 15.1 Sick leave shall be earned by al1 permanent and probationary employees at the rate of one (1) working day for each calendar month of full-time service or major fraction thereof. Sick leave shall not be available for use by probationary employees until satisfactory comp]etlon of the initial probationary period. Promotional probationary employees may make use of slck leave, however, the probationary period may be extended a like period of time at the discretion of the EMPLOYER. 15.2 Sick leave may be accumulated to a maximum of 120 days. One- half (½) of the sick leave in excess of 120 days shall be granted as addltional vacation leave the calendar year after such surplus is earned. 15.3 15.4 Sick leave may be granted only for absence from duty because of personal illness or disability, legal quarantine, or serious illness in the immediate family. The immediate family is defined as the following kin of the employee: spouse, children, mother, father, sister, brother, grandparent, grandchild, or spouse's mother, or spouse's father. Severance pay equivalent to one-third (1/3) of accumulated sick leave will be paid upon retirement; or, upon death, to the employee's beneficiary. ARTICLE XVl FUNERAL LEAVE Employees will be allowed funeral leave of up to three (3) days with pay for death in the immediate family, as defined in Article XV. ARTICLE XVll 17.1 17.2 17.3 VACATION Each permenant and probationary employee shall accrue vacation time on the following basis: Upon com Upon com Upon com Upon com Upon com Upon eom Upon com Upon com ~letion of one year ~letion of 2nd through 5th year ~letion of 6th through loth year ~letion of 11 years ~letion of 12 years ~letion of 13 years ~letion of 14 years ~letion of 15 years 10 days I0 days per year 15 days per year 16 days per year 17 days per year 18 days per year 19 days per year 20 days per year Any employee leaving the municlpal service in good standing after giving proper notice of such termination of employment shall be compensated for vacation leave accrued to the date of separation. Vacation leave is intended as a period of rest and relaxation and may not be waived by an employee for the purpose of receiving double pay. ARTICLE XVlll FALSE ARREST INSURANCE False arrest insurance will be provided for all sergeants by the EMPLOYER. -11- ARTICLE XlX WAGE RATES During !~80, employees with 0-12 months of service: employees with over 12 months service: During 1~81, employees with 0-12 months of service: employees with over 12 months service: $2,00~ per month $2,128 per month $2,1~0 per month $2,320 per month ARTICLE XX WAIVER 22.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employ- ment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superceded. 22.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bar- gaining. 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 volun- tarily 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 AGREEHENT, 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. -12- ARTICLE XXI DURATION This AGREEMENT shall be effective as of the first payroll in January, 1980, and shall remain in full force and effect until the last payroll of December, 1951. In witness whereof, the parties hereto have exe- cuted this AGREEMENT on this 27th day of October , 1980. -13-