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CR 06-040 Approve 2006/2007 Dispatcher Contract April 4, 2006 ~ Council Report 2006-040 APPROVE 2006/2007 DISPATCHER CONTRACT Proposed Action Staff recommends that the Council approve the following motion: Move approval of the 2006/2007 Contract with L.E.L.S. LOCAL #143 representing Hopkins' Dispatchers and Public Service Officers. This action will ratify the 2006/2007 contract with the Dispatchers and PSOs. Overview The contract calls for a 2.5% wage increase effective January 1,2006, a 1% wage increase effective June 25,2006 and a 2.5% wage increase effective January I, 2007 and a 1% wage increase effective July I, 2007. The contract also provides for an increase in the City's contribution for insurance of $86.00/month for 2006. The increase will apply for employees with family, Single +1, or Single + Children group health insurance. There is no increase for employees with single coverage. For 2007 the increase in the City's contribution for health insurance will equal 1/2 of the average increase in family insurance. There will be no increase for employees with single coverage. Primarv Issues to Consider . What other economic issues are included in the new contract? . How does this agreement fit in with the 2006/07 budget? . How does this agreement compare to other contract settlements for 2006/07 in terms of wage and benefit increases? s A. Genellie sistant City Manager Financial Impact: $ $13,000 in 2006 Budgeted: Y/N Yes Related Documents (CIP, ERP, etc.): Notes: Source: General Fund Council Report 2006-040 Page 2 Analvsis of the Issues What other economic issues are included in the new contract? . Dispatchers will receive an additional .11/hour on each step effective 1/1/2006 and 1/1/2007 as a market adjustment. How does this agreement fit in the budget? The City budgeted approximately 3% for wage increases in 2006. The cost of the split increase between January 1 and June 25 is approximately the same as a straight 3% effective January 1. The cost of the insurance increase is within the budget. Unfortunately the City experienced a 20% increase in insurance premiums in 2006. The City Council has not approved a budget for 2007. The proposed increase in wages, however, is approximately what the finance department has been using for planning purposes. How does this agreement compare to other contract settlements for 2006/07 in terms of wage and benefit increases? 2006 settlements for other cities have generally been coming in at 3% or above. There are not enough 2007 settlements to determine a trend. Alternatives 1. Approve the contract. Retroactive pay and benefit increases will be included in the next payroll. 2. Do not approve the contract. Staff would have to renegotiate the contract. Staff recommends Alternative #1. MASTER LABOR AGREEMENT BETWEEN CITY OF HOPKINS AND HOPKINS POLICE DISPATCHER AND PUBLIC SERVICE OFFICER L.E.L.S. LOCAL #143 January 1,2006 - December 31, 2007 TABLE OF CONTENTS ARTICLE I ARTICLE 2 ARTICLE 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 ARTICLE 21 ARTICLE 22 ARTICLE 23 ARTICLE 24 ARTICLE 25 ARTICLE 26 APPENDIX A APPENDIX B PURPOSE OF AGREEMENT .............................................................................. 3 RECOGNITION .................................................................................................... 3 DEFINITIONS....................................................................................................... 3 EMPLOYER SECURITY .....................................................................................4 EMPLOYER AUTHORITy.................................................................................. 4 UNION SECURITY ..............................................................................................4 EMPLOYEE RIGHTSGRIEV ANCE PROCEDURE .........................................5 SAVINGS CLAUSE.............................................................................................. 8 SENIORITY .......................................................................................................... 8 DISCIPLINE ...................................................................................................... 9 CONSTITUTIONAL PROTECTION ............................................................... 9 WORK SCHEDULES ....................................................................................... 9 OVERTIME..................................................................................................... 10 COURT TIME ................................................................................................. 10 CALL BACK TIME ........................................................................................ 11 WORKING OUT OF CLASSIFICATION ..................................................... 11 INSURANCE................................................................................................... 11 UNIFORMS ..................................................................................................... 12 W AIVER.......................................................................................................... 12 SICK LEAVE .................................................................................................. 12 PAID TIME OFF ............................................................................................. 13 FLEX LEAVE ................................................................................................. 14 HOLIDAYS ..................................................................................................... 15 SEVERANCE PAy......................................................................................... 15 ADVANCE RESIGNATION NOTICE PROGRAM...................................... 16 DURATION..................................................................................................... 17 DISP ATCHER.................................................................................................. 18 PUBLIC SERVICE OFFICERS ....................................................................... 20 2 ARTICLE 1 PURPOSE OF AGREEMENT This Agreement is entered into between the City of Hopkins, hereinafter called the Employer, and the Hopkins Police Dispatcher and Public Service Officer, L.E.L.S. Local #143, hereinafter called the Union. It is in 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 Law Enforcement Labor Services, Inc. as the exclusive representative, under Minnesota Statutes, Section 179.71, Subdivision 3, for all police personnel in the following job classification: All Dispatchers and Public Service Officers employed by the City of Hopkins Police Department, Hopkins, Minnesota, whose employment service exceeds the lesser of 14 hours per week or 35 percent of the normal work week and more than 100 work days per year, excluding all other employees. 2.2 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 3 DEFINITIONS 3.1 UNION: The Hopkins Police Dispatcher and Public Service Officer, L.E.L.S. Local #143. 3.2 UNION MEMBER: A member of the Hopkins Police Dispatcher and Public Service Officer Local #143. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The City of Hopkins Police Department. 3.5 EMPLOYER: The City of Hopkins. 3.6 CHIEF: The Chief of the Hopkins Police Department. 3 3.7 OFFICER: Officer elected or appointed by the Hopkins' Police Dispatcher and Public Service Officer Local #143. 3.8 BASE PAY RATE: The Employee's hourly pay rate exclusive of overtime, court time payor any special allowance. 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. 3.11 RESTBREAKS: Periods during the SCHEDULED SHIFT during which the Employee remains on continual duty and is responsible for assigned duties. 3.12 TRAINING: ActwiJ. hours spent on assigned training shall be credited to the fulfillment of the normal work year. Travel time to and from training sessions will not be credited. 3.13 LUNCH BREAK: A period during the SCHEDULED SHIFT during which the Employee remains on continual duty and is responsible for assigned duties. ARTICLE 4 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 interference with the normal function of the Employer. ARTICLE 5 EMPLOYER AUTHOIDTY 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 oftechnology; 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 functions not specifically limited by this Agreement. 5.2 Any term and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. ARTICLE 6 UNION SECUIDTY 6.1 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. 4 6.2 The Union may designate Employees from the bargaining unit to act as Steward and an alternate and shall inform the Employer in writing of such choice and change in the position of Steward and/or alternate. 6.3 The Employer shall make space available on the Employee bulletin board for posting Union notice(s) and announcement(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 EMPLOYEE IDGHTS .GIDEV ANCE PROCEDURE 7.1 DEFINITION OF GRIEVANCE A Grievance is defmed 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 the 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 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 Union Representatives shall be allowed a reasonable amount oftime 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. 5 7.4 PROCEDURE Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedures: Step 1. Step 2. Sten 3. Step 4. An Employee claiming a violation concerning the interpretation or application of this Agreement shall within twenty-one (21) calendar days after such alleged violations have 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 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 he appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. 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. 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 then (10) calendar days following the Employer-designated representative's fmal answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. A grievance unresolved in Step 3 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. 6 7.5 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 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 oflaw. 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 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. 7.6 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. If, as a result of the written Employer response in Step 3, the grievance remains unresolved, and if the grievance involved the suspension, demotion, or discharge of an Employee who had completed the required probationary period, the grievance may be appealed either to Step 4 of the Article 7 or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article 7, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article 7. 7 The aggrieved Employee shall indicate in writing which procedure is to be utilized-Step 4 of Article 7 or another appeal procedure-and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved Employee from making a subsequent appeal through Step 4 of Article 7. ARTICLE 8 SAVINGS CLAUSE This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Hopkins. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose 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 9 SENIORITY 9.1 Seniority shall be determined by the Employee's length of continuous employment with the City of Hopkins 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. Employees re-entering employment with the City of Hopkins, after less than one year from their date of separation, shall have their seniority as of the date of separation restored. 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. The probationary period for new employees shall be one year. 9.3 A reduction of work force will be accomplished on the basis of seniority. 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 years of the time of his layoff before any new Employee is hired. 9.4 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 Employees shall be given shift assignment preference after twelve (12) months of continuous full-time employment. 9.6 One continuous paid time off period shall be selected on the basis of seniority until March 31 ST each calendar year. 8 ARTICLE 10 DISCIPLINE 10.1 The Employer will discipline Employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or e) discharge. 10.2 Suspension, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspensions, 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. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer. 10.5 Discharges will be preceded by a five (5) day suspension without pay. 10.6 Employees will not be questioned concerning a matter that may lead to disciplinary action against the Employee unless the Employee has been given an opportunity to have an Union representative present at such questioning. 10.7 Grievances relating to this ARTICLE shall be initiated by the Union in Step 3 of the grievance procedure under Article 7. ARTICLE 11 CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE 12 WORK SCHEDULES 12.1 The normal work year is two thousand and eighty hours (2,080) to be accounted for by each Employee through: a) hours worked on assigned shifts; b) holidays; c) assigned training; d) authorized leave time. 9 12.2 Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum/maximum number of hours the Employer may assign Employees. ARTICLE 13 OVERTIME 13.1 Employees will be compensated at one and one-half (1 1/2) times the Employee's regular base pay rate for hours worked in excess of the Employee's regularly scheduled shift. Changes of shifts do not qualify an Employee for overtime under this Article. 13.2 Employer will offer overtime to dispatchers before offering overtime to PSOs whenever there is more than 24 hours advanced notice. 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. 13.5 Overtime will be calculated to the nearest fifteen (15) 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. ARTICLE 14 COURT TIME 14.1 An Employee who is required to appear in Court during his scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half (1 1/2) 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 three (3) hour minimum. 14.2 Employees required by the Employer to be on Standby for a court appearance shall be paid for such standby time at the rate of one hour's pay for each hour on standby. 14.3 An Employee shall receive twenty-five dollars ($25.00) for cancellation of a court appearance within 24 hours of the scheduled appearance. If an Employee has been on standby for court and the appearance is canceled, compensation shall be the greater of twenty-five dollars ($25.00) or the standby pay earned. 10 ARTICLE 15 CALL BACK TIME An Employee who is called to duty during scheduled off-duty time shall receive a minimum of two (2) hours pay at one and one-half (1 1/2) times the Employee's base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the Employee for the two (2) hour minimum. ARTICLE 16 WORKING OUT OF CLASSIFICATION Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification shall receive the salary schedule of the high classification for the duration of the assignment. ARTICLE 17 INSURANCE 17.1 Effective January 1,2006, the EMPLOYER will contribute up to a maximum of Seven Hundred and Forty Dollars ($740.00) per month per employee with family, Single + 1, or Single + Children group health insurance and Four Hundred and Seventy-Five Dollars ($475.00) per month per employee with single group health insurance. Employees hired after July 1, 2004 who have single insurance will receive single health, dental, and life insurance at a cost not to exceed $475.00. Effective January 1,2007 - Increase for employees with family, Single + 1, or Single + Children group health insurance equal to 1/2 of the average increase in family insurance and Four Hundred and Seventy-Five Dollars ($475.00) per month per employee with single group health insurance. Employees hired after July 1,2004 who have single insurance will receive single health, dental, and life insurance at a cost not to exceed $475.00. 17.2 All employees shall receive a minimum of single group health insurance coverage. Employees with single insurance coverage, who were hired prior to July 1, 2004, will be eligible to commit the difference between single coverage expense and the EMPLOYER contribution of Four Hundred Seventy-Five Dollars ($475.00) to obtain certain mutually agreed appropriate benefits, such as deferred compensation, additional insurance, or cash. If the benefit is taken as cash, the amount will be reduced by payroll taxes. 17.3 Employees who choose to opt out of the City's health insurance program will receive $325.00 to obtain certain mutually agreed appropriate benefits. Employees wishing to opt out must provide proof of insurance coverage through another provider. In lieu of the $325.00, employees hired after September 1,2004 will receive $100.00 per month if they opt out of the City's health insurance program. 11 ARTICLE 18 UNIFORMS 18.1 The Employer shall provide required uniform and equipment items to all new Employees. In addition, the Employer will provide all outdoor clothing and equipment as necessary for those Employees who require them. Uniform item(s) which become damaged as a result of performing his/her job shall be replaced by the Employer. This excludes normal wear. All uniformed Employees shall receive an annual uniform and equipment allowance of five hundred fifteen ($515.00) effective January 1,2006 and five hundred sixty five ($565.00) effective January 1,2007. Allowance shall accrue on January 1st annually. The unused portion will be allowed to accumulate. An Employee under probation shall not receive a uniform allowance. Items purchased with this allowance are intended solely for use as an Employee of the city and are the property of the City of Hopkins. Uniform allowance may be used to purchase items not expressly prohibited by the Department. If any item needs replacement after an Employee's allowance has been exhausted, such replacement is the responsibility of the Employee. Upon termination of employment, the unused allowance is retained by the City. The Employee will return all City property as requested. ARTICLE 19 WAIVER 19.1 Any and all prior arrangements, resolutions, practices, policies, rules and regulations regarding terms arid conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 19.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any 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. The Employer and the Union each voluntarily and un- qualifiedly 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. ARTICLE 20 SICK LEAVE (Does not apply to employees receiving Flex Leave) 12 20.1 Sick leave with pay shall be granted to all probationary and permanent full time Employees at the rate of one (1) working day for each calendar month or major fraction thereof. Sick leave shall be computed on a calendar year basis and may be accumulated to a total of not more than one hundred twenty (120) working days, with banking after this maximum, which bank can only be used for extended illness. 20.2 Employees who receive Worker's Compensation payments shall be allowed to use sick leave to make up the difference between the worker's Compensation payments and their regular wage. 20.3 Sick leave may be granted when necessary for personal illness, legal quarantine or because of serious illness or death of spouse, children, grandchildren, parents, brothers, sisters, grandparents, mother-in-law, or father-in-law of the Employee. 20.4 In order to be eligible for sick leave for pay, the Employee shall: 1) report promptly to the department head the reason for his/her absence. 2) keep the department head, at all times, fully informed of his /her condition including permission for City Manager to make inquiries of such Employee's physician, surgeon or other health establishment. 3) furnish upon demand to the City Manager any other information or medical certificate that may be required. 4) No sick leave shall be granted except as permitted in this Article or ordinance, and the claiming of sick leave whenever herein prohibited may be cause of disciplinary action including transfer, suspension, demotion or dismissal by the City Manager. 5) The regular shift working time consumed by the Employees using earned paid time off or sick leave shall be considered to be working time for the purpose of accumulating additional paid time off or sick leave. ARTICLE 21 PAID TIME OFF (Does not apply to any employee receiving Flex Leave) 21.1 All EMPLOYEES shall be eligible for paid time off except that no EMPLOYEE shall be allowed to use paid time off until after the completion of the first six (6) months ofthe probationary period, without the specific permission of the Employer. Paid time off is accrued on a per pay period basis and may be used subsequent to the pay period in which it was earned. 13 21.2 EMPLOYEES shall earn paid time off according to the following schedule: 2007 Vacation 2007 Holiday Hours 2006 PTO o - 5 years 11 days (88 hours) 96 hours 184 hours After 5 years 16 days (128 hours) 96 hours 224 hours After 10 years 17 days (136 hours) 96 hours 232 hours After 11 years 18 days (144 hours) 96 hours 240 hours After 12 years 19 days (152 hours) 96 hours 248 hours After 13 years 20 days (160 hours) 96 hours 256 hours After 14 years 21 days (168 hours) 96 hours 264 hours After 25 years 26 days (208 hours) 96 hours 304 hours 21.3 Paid Time Off may be used as earned, provided that the Employer shall in each case determine the time when such paid time off may be taken. 21.4 Employees may accrue paid time off to a maximum of 200% of their annual entitlement. Any employee whose accrued paid time off exceeds their cap on December 31 of any year will lose all of the time that exceeds the cap. An employee may appeal to the City Manager to exceed the cap if department scheduling problems or other unusual circumstances prevent the employee from using sufficient paid time off during the year. The employee's supervisor must attest to the existence of the problem. 21.5 Conversion Option - Every employee may convert up to 40 hours of paid time off to the City's deferred compensation program or cash each year. After 15 years an employee may convert up to 80 hours. After 25 years an employee may convert up to 120 hours. An employee may appeal to the City Manager to convert a higher number of hours if department scheduling problems or other unusual circumstances prevent the employee from using sufficient leave during the year. The employee's supervisor must attest to the existence of the problem. 21.5 No Employee shall be permitted to waive leave for the purpose of receiving double pay. ARTICLE 22 FLEX LEAVE 22.1 The Hopkins Police Dispatcher and Public Service Officer Union hereby adopts the City of Hopkins Flex Leave Program. 22.2 Union members can continue on the existing paid time off and sick leave program or choose to participate in the Flex Leave Program. Employees who choose to participate in the Flex Leave Program cannot return to the paid time off and sick leave program. 14 22.3 Union employees hired after July 1,2002 shall participate in the Flex Leave Program without option. 22.4 No Diminution of Benefits. The employer will not diminish or decrease benefits available under the Flex Leave Program while this Agreement is in effect. ARTICLE 23 HOLIDAYS 23.1 An Employee required to work a shift on New Year's Day, Martin Luther King's Birthday, Easter, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, Christmas Eve or Christmas, shall be eligible for holiday pay. For the purpose of this section, if the major portion of a full work shift falls on one of the holidays, the full shift shall be compensated at holiday pay. If less than the major part of any full shift falls on one of the above holidays, no holiday pay shall be paid. 23.2 Holiday pay shall be \I, times the basic hourly rate, making the full compensation for a holiday shift one and one-half (1 \1,) times the basic hourly pay rate. Under no circumstances will the total compensation for the work on a holiday exceed one and one- half (1 \1,) times the basic pay rate. ARTICLE 24 SEVERANCE PAY (Does not apply to employees receiving Flex Leave) Employees shall receive severance pay upon separation of employment according to the following schedule: a) After five (5) years of service: 1.5 days per year of service. OR a) After five (5) years of service: 20% of accumulated sick leave. b) After fifteen (15) years of service: 25% of accumulated sick leave. c) After twenty (20) years of service: 33.33% of accumulated sick leave. The Employee may choose whichever formula provides the higher payoff. 15 ARTICLE 25 ADVANCE RESIGNATION NOTICE PROGRAM The City of Hopkins Advance Resignation Notice Program is hereby adopted. The City's Advance Resignation Notice Program is designed to improve the efficiency and stability of the City's workforce by encouraging employees to give the City advance notice of their intent to resign. The purpose of this program is to begin the process of replacing an employee who is leaving the City as soon as possible after notice is received. This will reduce the time that the position remains unfilled.l This program is available to regular full-time non-union employees and any regular full-time union employees whose union has adopted this policy into their contract. In order to be eligible for an Advance Notice payment an employee must give at least 60 days notice before his or her last day ofwork2. The agreement must be signed by both the employee and the City Manager in order to be effective. The City reserves the right to refuse to enter into this agreement with any employee. The City will provide the following compensation for advance notice: Sixty (60) days: $250.00 Ninety (90) days: $450.00 One Hundred and Twenty (120) days: $700.00 Payment will be made after the termination date3. An employee has ten (10) days from the date they sign the agreement to rescind the decision. After this, it is not possible for an employee to change their mind about resigning. There will no longer be a position available after the agreed upon termination date. Refusing the Advance Notice payment will not void the agreement. 1 The City reserves the right to not replace any employee who resigns or to modify the position and duties prior to hiring a new employee. This decision will not affect an employee's eligibility for an Advanced Notice payment. 2 The last day of work is defined, for this program, as the last day that an employee will be actively working for the City. The employee may use accumulated paid time off or flex leave to extend his or her termination date, which is defined as the last day the employee is on the payroll. 3 Payments are subject to taxation. 16 ARTICLE 26 DURATION This Agreement, between the Hopkins Police Dispatchers and Public Service Officer and the City of Hopkins, shall be effective as of January 1, 2006, through December 31, 2007, and continue thereafter until amended or modified by mutual agreement by the parties. Notice shall be given at least sixty (60) days prior to the expiration of the Contract of the intent to amend or modify. IN WITNESS WHEREOF, the parties have executed this Agreement on the 4th day of April 2006. FOR THE CITY OF HOPKINS FOR LOCAL #143 17 APPENDIX A DISPATCHER Effective: 1/1/2006 6/27/2006 YEAR STEP WAGE WAGE Start A $3,090.92 $17.83 $3,121.83 $18.01 After 1 Year B $3,243.72 $18.71 $3,276.15 $18.90 After 2Years C $3,400.06 $19.62 $3,434.06 $19.81 After 3 Years D $3,565.29 $20.57 $3,600.95 $20.77 After 4Years E $3,742.96 $21.59 $3,780.39 $21.81 After 6Years F $3,920.63 $22.62 $3,959.83 $22.85 Effective: 1/1/2007 7/1/2007 YEAR STEP WAGE WAGE Start A $3,218.80 $18.57 $3,250.99 $18.76 After 1 Year B $3,376.53 $19.48 $3,409.47 $19.67 After 2Years C $3,539.47 $20.42 . $3,574.86 $20.62 After 3 Years D $3,709.33 $21.40 $3,746.43 $21.61 After 4Years E $3,894.80 $22.47 $3,933.75 $22.69 After 6Years F $4,078.53 $23.53 $4,119.32 $23.77 CTO Pay: A dispatcher specifically designated "Communication Training Officer," shall receive pay of$I.85 per hour during the hours that they are actually training new dispatchers. C.T.O. pay will be paid to dispatchers who have attended and successfully completed an approved communications training officer course (e.g. APCO.) Any employee who has been assigned to do training by the Administrative Services Manager shall receive training pay. Employees will receive applicable step movement during the year. Effective: YEAR Start After 1 Year After 2 Years After 3 Years After 4 Years After 6 Years Lead Dispatcher Wage Scale STEP A B C D E F 1/1/2006 WAGE $4,075.58 $23.51 $4,180.13 $24.12 $4,284.68 $24.72 $4,391.10 $25.33 $4,497.51 $25.95 $4,609.53 $26.59 6/27/2006 WAGE $4,116.33 $23.75 $4,221.93 $24.36 $4,327.53 $24.97 $4,435.01 $25.59 $4,542.49 $26.21 $4,655.63 $26.86 18 Effective: 1/1/2007 7/1/2007 YEAR STEP WAGE WAGE Start A $4,219.24 $24.34 $4,261.44 $24.59 After 1 Year B $4,327.48 $24.97 $4,370.75 $25.22 After 2 Years C $4,435.71 $25.59 $4,480.07 $25.85 After 3 Years D $4,545.88 $26.23 $4,591.34 $26.49 After 4 Years E $4,656.05 $26.86 $4,702.61 $27.13 After 6 Years F $4,772.02 $27.53 $4,819.74 $27.81 19 APPENDIX B Effective: YEAR Start After 1 Year After 2 Years After 3 Years After 4 Years After 6 Years Effective: YEAR Start After 1 Year After 2 Years After 3 Years After 4 Years After 6 Years PUBLIC SERVICE OFFICERS STEP A B C D E F STEP A B C D E F 1/1/2006 WAGE $2,929.72 $16.90 $3,078.96 $17.76 $3,229.98 $18.63 $3,395.21 $19.59 $3,569.32 $20.59 $3,745.21 $21.61 1/1/2007 WAGE $3,033.33 $17.50 $3,187.60 $18.39 $3,343.60 $19.29 $3,515.20 $20.28 $3,695.47 $21.32 $3,877.47 $22.37 6/27/2006 WAGE $2,959.02 $17.07 $3,109.75 $17.94 $3,262.28 $18.82 $3,429.16 $19.78 $3,605.02 $20.80 $3,782.67 $21.82 7/1/2007 WAGE $3,063.67 $17.68 $3,219.48 $18.57 $3,377.04 $19.48 $3,550.35 $20.48 $3,732.42 $21.53 $3,916.24 $22.59 Any PSO who dispatches as their assigned shift, shall be paid at the Dispatcher rate for their step. 20