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Police Dispatcher's/ PSO 1981 Wage SettlementLABOR AGREEMENT BETWEEN CITY OF HOPKINS AND HOPKINS POLICE DISPATCHER AND PUBLIC SERVICE OFFICER ASSOCIATION ARTICLE I PURPOSE OF AGREEMENT This AGREEMENT is entered into as of between the CITY OF HOPKINS, hereinafter called the EMPLOYER, and the HOPKINS POLICE DISPATCHER AND PUBLIC SERVICE OFFICER ASSOCIATION, hereinafter called the ASSOCIATION. It is the intent and purpose of this AGREEMENT to: 1.1 Establish procedures for the resolution of disputes con- cerning 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 II RECOGNITION 2. 1 The EMPLOYER recognizes the ASSOCIATION as the exclusive representative, under Minnestoa Statutes, Section 179.71, Subdivision 3, for personnel in the following job classifi- cations: March 18, 1981 All Dispatchers and Public Service Officers employed by the City of Hopkins Police De- partment, Hopkins, Minnesota, whose employ- ment 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, exclud- ing all other employees. 2.2 In the event the EMPLOYER and the ASSOCIATION are unable to agree as to the inclusion or exclusion of a new modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III DEFINITIONS 3.1 ASSOCIATION: HOPKINS POLICE DISPATCHER AND PUBLIC SERVICE OFFICER ASSOCIATION. 3.2 ASSOCIATION MEMBER: A member of the Hopkins Police Dispatches and Public Service Officer Association. 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 SUPERINTENDENT: The Superintendent of the Hopkins Police Department. 3.7 ASSOCIATION OFFICER: Officer elected or appointed by the Hopkins Police Dispatcher and Public Service Officer Asso- ciation. 3.8 BASE PAY RATE: The employee's hourly pay rate exclusive of overtime, Court time pay or 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 breaks and /lunch break. A consecutive work period including rest 3.11 REST BREAKS: Periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsi- ble for assigned duties. 3.12 TRAINING: Actual hours spent on assigned training shall b credited to the fulfillment of the normal work year Travel time to and from training sessions will not be credited. 3.13 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stopage 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 purposes of inducing, influencing or coercing a chant in the conditions or compensation or the rights, privileges or obligations of employment. ARTICLE IV EMPLOYER SECURITY The ASSOCIATION agrees that during the life of this AGREEMENT that the ASSOCIATION will not cause, encourage, participate in or support ana strike, slow -down or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operat and manage all manpower, facilities, and equipment; to estab- lish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel to establish work schedule and to perform any inherent managerial function not specifi- cally limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically estab- lished or modified by this AGREEMENT shall remain solely with- in the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE VI ASSOCIATION SECURITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly ASSOCIATION dues. Such monies shall be remittec as directed by the. ASSOCIATION. 6.2 The ASSOCIATION 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 6.3 The EMPLOYER shall make space available on the employee bulle- tin board for posting ASSOCIATION notice(s) and announcements 6.4 The ASSOCIATION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judge- ments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the pro visions 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 condi- tions of this AGREEMENT 7.2 ASSOCIATION REPRESENTATIVES The EMPLOYER will recognize REPRESENTATIVES designated by the ASSOCIATION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The ASSOCIATION shall notify the EMPLOYER in writing of the names of such ASSOCIATION RESPRESENTATIVES and 5... 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 ASSOCIATION and the EMPLOYER that the processing of grievances as hereinafter pro vided 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 an ASSOCIATION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay wher a grievance is investigated and presented to the EMPLOYER dur- ing normal working hours provided that the EMPLOYER and the ASSOCIATION REPRESENTATIVE have notified and received the approval of the designated supervisor who had determined that such absence is reasonable and would not be deterimental to the work programs of the EMPLOYER. 7.4 PROCEDURE Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: Step 1. An EMPLOYEE claiming a violation concerning the inter- pretation or application of this AGREEMENT shall, within twent' such one (21) calendar days after /alleged violation has occurred, present such grievance to the EMPLOYEE's supervisor as designa- ted by the EMPLOYER. The EMPLOYER designated representative will discuss and give an answer to such Step 1 grievance withi] ten (10) calendar days after receipt. A grievance not resolve in Step 1 and appealed to Step 2 shall be placed in writing se ting forth the nature of the grievance, the facts on which it _6_ is based, the provision or provisions of the AGREEMENT alleged- ly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER design: ted representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the ASSOCIATION within ten (1C calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the ASSOCIATION and discussed with the EMPLOYER designated Step 2 representative. The EMPLOYER- designated representative shall give the ASSOCIATION 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 grievanc not appealed in writing to Step 3 by the ASSOCIATION within t (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the ASSOCIATION and discussed with the EMPLOYER designated Step 3 representative. The EMPLOYER designated representative shall give the ASSOCIATION the EMPLOYER'S answer in writing wi in ten (10) calendar days after receipt of such Step 3 grievant A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the. EMPLOYER designates representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the ASSOCIATION within ten (1 calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step by the ASSOCIATION shall be submitted to arbritration subject the provisions of the Public Employment Labor Relations Act of _7_ 1971. The selection of an arbitrator shall be made in accord ance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment. Relations Board. 7.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullif 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 ASSOCIATION, and shall have no authority tc make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions con- trary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations havin: the force and effect of law. The arbitrator's decision sha: 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 EMPLOY= and the ASSOCIATION and shall be based solely on the arbitra- tor'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 pro- ceedings shall be borne equally by the EMPLOYER and the ASSOCIATION provided that each party shall be responsible f compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the pro- ceedings the cost shall be shared equally. 7.6 WAIVER If a grievance is not presented within the time limits set fort above, it shall be considered "waived." If a grievance is not appealed to the next step within the specific time limit or anl 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 ASSOCIATION 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 ASSOCIATION in each step. 7.7 CHOICE OF REMEDY If, as a result of the written EMPLOYER response in Step 3, thE grievance remains unresolved, and if the grievance involves thE suspension, demotion, or discharge of an employee who has com- pleted the required probationary period, the grievance may be appealed either to Step 4 of Article VII or a procedure such as: Civil Service, Veteran's Preference, or Fair Employment. I� appealed to any procedure other than Step 4 of Article ViI the grievance is not subject to the arbitration procedure as pro- vided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized Step 4 of Article VII 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 appec through Step 4 of Article VII. ARTICLE VIII 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 com getent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisi ons 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 niorit shall be determined by the employee's length of con- t P inuous employment with the City of Hopkins and posted in an appropriate location. Senority rosters may be maintained by the Superintendent on the basis of time in grade and time with in specific classifications. 9.2 During the probationary period a newly hired or rehired employ may be discharged at the sole discretion of the EMPLOYER. Durin g the probationary period a promoted or reassigned em- Ply ee may be replaced in his previous position at the sole y discretion of the EMPLOYER. 9.3 A reduction of work force will be acconplishedon the basis of seniority. iorit Employees shall be recalled from layoff on the basis of seniority. An employee on layoff shall have an oppo tunity it to return to work within two years of the time of his layoff before any new employee is hired. 9.4 Senior employees '`or em loyees will be given preference with regard to tran fer, job classification assignments and promotions when the job relevant qualifications of employees are equal. 9.5 qualified Senior employees shall be given shift assignment lox -10- ference after eighteen (18) months of continuous full -time employment. 9.6 One continuous vacation period shall be selected on the basis of seniority until March 31st of each calendar year. ARTICLE X 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 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension, and notices of dis- charge which are to become part of an employee's personnel file shall be read and acknowledged by signature of the empl© Employees and the ASSOCIATION will receive a copy of such re- primands 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 with out pay. 10.6 Employees will not be questioned concerning an investigation disciplinary action unless the employee has been given an opportunity to have an ASSOCIATION representative present at such questioning. 10.7 Grievances relating ASSOCIATION in Step VII. to this Article shall be initiated by the 3 of the grievance procedure under Articl -11 ARTICLE XI CONSTITUTIONAL PROTECTION Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE XII WORK SCHEDULE 12.1 The norm 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 12.2 Holidays and authorized leave time is to be calculated on.th( basis of the actual length of time of the assigned shifts. 12.3 Nothing contained in this or any other Article shall be inte] preted to be a guarantee of a minimum or maximum number of hours the EMPLOYER may assign employees. ARTICLE XIII OVERTIME 13.1 Employees will be compensated at one and one -half (11) times the employee's regular base pay rate for hours worked in ex- cess of the employee's regularly scheduled shift. Changes o shifts do not qualify an employee for overtime under this Article. 13.2 Overtime will be distributed as equally as practicable. 13.3 Overtime refused by employees will for record purposes under Article 13,2 be considered as unpaid overtime worked. 13.4 For the purpose of computing overtime compensation overtime hours worked shall not be pyramided, compounded or paid twic for the same hours worked. 13.5 Overtime will be calculated to the nearest fifteen (15) minutes. --12- 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 XIV COURT TIME An employee who is required to appear in Court during his scheduled off -duty time shall receive a minimum of two (2) hours' pay at one and one -half (11/2) 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 two (2) hour minimum. ARTICLE X V CALL BACK TIME An employee who is called to duty during his scheduled off -duty time shall receive a minimum of two (2) hours' pay at one and one -half (1 times the employee's base pay 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 XVI WORKING OUT OF CLASSIFICATION Employees assigned by the EMPLOYER to assume the full responsibili- ties and authority of a higher job classification shall receive the salary schedule of the higher classif ication for the duration of the assic ment. ARTICLE XVII INSURANCE The EMPLOYER will contribute up to a maximum of $100 per month per employee for group health and life insurance, including dependent cover- age beginning with the January 1981 insurance premium and through the premium covering the month of December 1981. The EMPLOYER will contribute $7.00 per month per employee for dent: insurance coverage, beginning with the January 1981 insurance premium a: through the premium covering the month of December 1981. ARTICLE XVIII UNIFORMS Required uniforms will be provided by EMPLOYER. -13- ARTICLE XIX WAIVER 1) Any and all prior arrangements, resolution, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereb' superceded. 2) The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and oppor. tunity to make demands and proposals with respect to any term or condi- tion of employment not removed by law from bargainincr. 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 ASSOCIATION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and condi- tions 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 bow: of the parties at the time this contract was negotiated or executed. ARTICLE XX SICK LEAVE 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 Probationary employees shall not be eligible to use sick leav during the first six (6) months of their probation. 20.3 Sick leave may be granted when necessary for personal illness, -14- legal quarantine or because of serious illness or death of spouse, children, grandchildren, parents, brothers, sisters, 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 his department head the reason for his absence; 2) Keep the employee's department head, at all times, fully informed of his condition including permission for the 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 informa- tion or medical certificates at any time that they may be required. 4) No sick leave shall be granted as permitted in this Article or ordinance, and the claiming of sick leave whenever here- in prohibited may be cuase of disciplinary action, includ- ing transfer, suspension, demotion or dismissal by the City Manager. 5) No sick leave benefits of any kind shall be granted after termination of employment 6) The regular shift working time consumed by the employees using earned vacation or sick leave shall be considered to be working time for the purpose of accumulating additional vacation or sick leave. ARTICLE XXI VACATION 21.1 All employees shall be eligible for vacation leave except tha no employee shall be allowed to use vacation leave until afte the completion of six months (6) of the employee's probation- ary period. -15- 21.2 Employees shall earn vacation leave according to the foliowin schedule: 0 5 years of service 10 days per year 6 10 years of service 15 days per year Over 10 years of service One additional day per year, not to exceed 20 days. 21.3 Vacation leave may be used as earned, provided that the City Manager shall in each case determine the time when such vaca- tion leave may be taken. 21.4 Employees may acrue vacation leave to a maximum of 1500 of their annual entitlement. Any vacation leave days in excess of the amount hereunder permitted to be accrued may be taken by the employee after proper notice to and consent by the City Manager by absence from work on a day to day basis, sub- ject, however, to call for work by the City Manager. 21.5 Any employee leaving the municipal service in good standing after giving proper notice of such termination of employment shall be compensated for all vacation leave accrued to the date of separation. 21.6 No employee shall be permitted to waive vacation leave for the purpose of receiving double pay ARTICLE XXII HOLIDAYS Employees shall receive twelve (12) holidays per year towards the two thousand and eighty (2,080) hour work year requirement. An EMPLOYEE required to work a shift on New Year's Day, Easter, Memorial Day, 4th of July, Labor Day, Thanksgiving Day, 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 above holiday: 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 -16- holiday pay shall be paid. Holiday pay shall be 1/2 times the basic hourly pay rate, making th full compensation for a holiday shift one and one- half (11) times the basic pay rate. Under no circumstances will the total compensation for the work on a holiday exceed one and one -half (11) times the basic pay rate. ARTICLE XXIII SEVERANCE PAY After completion of five years continuous City employment, EMPLOYEE shall be entitled to severance pay calculated by multiplying the total number of continuous years in the City employ by the daily wage prevail- ing at date of severance, at one day per year of such employment, to a maximum of 20 days. Such severance money shall be paid in case of separ tion caused by death, retirement after age 65, medically attested dis- ability preventing employee from performing the major duties of his pos tion or separation for non disciplinary reasons. ARTICLE XXIV INJURY ON DUTY Employees on Workmen's Compensation will have a maximum of ninety (90) working days benefits (excluding the first 5 days which are deducte( from sick leave) received from Workmen's Compensation. This will be de- ducted from the employee's regular rate of pay so that compensation is equal to the normal base pay rate. In witness whereof, the parties hereto have executed this AGREEMENT 18th on this day of March 1981. FOR THE ITY OF 'DINS Jerre A. Miller, Mayor William P. Craig, City Manage) THE ASSOCIATION: Constance Umbarger, President a -17- NOTE: 100* additional for people who have been with the City 5 years as 1 -1 -80 10* 50* 5* 5* 5* *per hour 1981 DISPATCHER /PSO III 1157 (from date of hire through probation; first 12 months) DISPATCHER /PSO II 1207 (from end of probation through 6 months DISPATCHER /PSO I 1257 n n n WAGE APPENDIX MONTHLY n n n n /f 11 n 11 10 II t4 II in n n n n n n 12 n n n n tt ti 11 it 1t If 14 n 0 n n n II 11 n n n 16 n tl 11 n n n n 11 If 18 n