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HomeMy WebLinkAbout2012-07-18 PACKET 04.V.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA_ a MEETING ITEM # A w ww o DATE 7/18/2012 • PREPARED BY: Administration Joe Fischbach ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST: Consider approving the 2011 and 2012-2014 Firefighters labor contracts. STAFF RECOMMENDATION: Approve the 2011 and 2012-2014 Firefighters labor contracts. BUDGET IMPLICATION: $ $ BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION: DATE REVIEWED APPROVED DENIED ❑ PLANNING 1:1 ❑ ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES/RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS: MEMO/LETTER: Memo from Joe Fischbach dated 7/13/2012 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: OTHER: labor contracts ADMINISTRATORS COMMENTS: - 711 City Administrator Date COUNCIL ACTION TAKEN: EIAPPROVED ❑ DENIED [—] OTHER CITY OF COTTAGE GROVE MINNESOTA To: Honorable Mayor and City Council From: Joe Fischbach, Human Resources Coordinator Date: July 13, 2012 Subject: 2011 & 2012 -2014 Firefighter Labor Contracts Introduction The City and the Firefighters labor union have tentatively agreed to 2011 and 2012 -2014 labor agreements, subject to City Council approval. Background The City has a consistent history of parity regarding wages, handling of medical benefits, and most major language issues (such as leaves, overtime and the like) back to the early 1990's. This also includes consistency in external wage comparisons among individual labor groups and their external market. Over the past 15 years parity in wages among organized groups and non - represented personnel has only varied twice within the general wage adjustment. In both of those circumstances the variation was created by an arbitrator's award to an essential employee group. The most recent situation within which this occurred was in the most recent contract period, which was the two year 2010 -2011 contract. Within this contract all settled employee groups received a 1% cost of living adjustment effective January 1, 2011. The lone exception was that an arbitrator awarded the Police Patrol unit an additional 1% wage adjustment effective July 1, 2011. Over past several years, the Firefighters union has essentially done a "me too" with regards to wages with the Police Patrol union, whereby they would get the same annual wage adjustment. In doing our analysis of the data for our negotiations with the Firefighters union it is apparent that they have fallen behind the external market in terms of wages. Staff is recommending that the Firefighters union receive the same cost -of- living adjustment (COLA) as the 49ers, AFSCME Clerical and Non - represented groups received in 2011. In 2012, staff is recommending that the Firefighters union pay plan receive a 9% market adjustment on 8/13/2012. The City has made similar market adjustments when the data show they are warranted, with most of them occurring in the Non - represented Pay Plan. With this, staff is also recommending that the pay plan be adjusted to emulate the pay step plan of the Non - represented, Sergeants and 49ers pay plans. Staff is not recommending that the two incumbents make up the market adjustment in one adjustment on 8/13/2012. Alternatively, staff is recommending that they be given adjustments of approximately 4.7% for Firefighter and 4.8% for Fire Marshal on 8/13/2012. They would then experience the full wage adjustment on their anniversary date in 2013. Labor Contract Recommendations In summary, the 2011 Firefighters agreement calls for a COLA of 1% on 1/1/2011. This is the exact same adjustment that the 49ers, AFSCME Clerical and Non - represented received. The 2012 -2014 Firefighter agreement calls for 9% external market adjustment on 8/13/2012, COLAs of 2% on 1/1/2013 and 2% 1/1/2014. For 2014 we are also recommending a "look back" provision. Within the look back we will examine the market for all Police Patrol contracts settled as of July 1, 2014. To the extent that the market has accelerated beyond 2% for that year the Police Patrol unit, they would receive an additional market adjustment up to an additional 1 %, on 9/1/2014. The Firefighters would receive the same adjustment, if any, as the Police Patrol union as would personnel in any other settled agreement at this point in time. This language will ensure that our labor groups do not fall below the market for 2015. Other changes within the contract include creating a uniform allowance rather than a replace as necessary program. The amount will be the exact same as what the 49er union members receive, $500 per year. The program will be run exactly the same as is done for Police Patrol and Sergeants. They will also receive the same Short -term Disability Bank `Bank" that Council approved for Police Patrol, 49ers and Non - represented employees. All other changes were administrative language changes. The above contract proposals result in costs that are within the 2012 budget and the projected 2013 budget. The wage adjustments for 2012 are well above, but warranted based on the external market, other wage adjustments. We believe these wage adjustments for 2013 are slightly above the average wage adjustments that will occur within the marketplace and there is only one market settlement in 2014 to date which is at 2 %. Action Staff is recommending Council: Approve the 2011 and 2012 -2014 labor contracts with the Firefighters. i. AND . V. COTTAGE - Am s: I S I♦. ! It:.. = I. RECOGNITION 3 3 III. EMPLOYER AUTHORITY 4 4 V. CALLBACK 4 4 VII. DEFINITIONS 5 5 IX. ANNUAL LEAVE CONVERSION 6 6 X SHOFL CR11 [ [ISBILTY B BENEFITS x r . XI. SHIFT EXCHANGE 7 7 XIII. CERTIFIED PARAMEDIC DIFFERENTIAL 8 8 XIV WORKING £ £OIJf OF CLASSIF G GA#ION . * ..; * XV. HOLIDAYS 8 8 XVII. APPENDICES AND A MENDMENTS 9 9 Xi/ill:: t�N1,�O�M A�.Lfl111�E+ICE .. :: g g XIX. INSURANCE 9 9 XXI. JOB POSTING - APPLICATIONS 1 10 XXIII. GRIEVANCE PROCEDURE 1 11 Page 2 AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 2570 M J : J - k 4 Z fAJ &JJ q4F This AGREEMENT made and entered into by and between the CITY OF COTTAGE GROVE, hereinafter referred to as the EMPLOYER, and the INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL NO. 2570, hereinafter referred to as the The intent and purpose of this AGREEMENT is to: 1. Provide a procedure for the resolution of disputes concerning this AGREEMENT's interpretation and /or application; and 2. Establish a full and complete understanding of the parties concerning standards of wages, hours, terms, and other conditions of employment for the duration of the AGREEMENT. 1.1 The EMPLOYER recognizes the UNION as the exclusive representative for all full -time firefighters employed by the City of Cottage Grove, Minnesota, who are public employees within the meaning of Minnesota Statute 179A.03, Subdivision 14, excluding supervisory and confidential employees. 1.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job position, the issue shall be submitted to the Bureau of Mediation Services for determination. F-Al-641111 Lai 11=1 IM1111,11 • - In recognition of the UNION as the exclusive representative, the EMPLOYER shall: Page 3 2.1 Deduct from each payroll period an amount sufficient to provide the payment of dues established by the UNION from the wages of all employees authorizing in writing such deduction, and 2.2 Remit such deduction to the appropriate designated officer of the UNION. 2.3 The UNION may designate a certain employee from the bargaining unit to act as Steward and shall inform the EMPLOYER in writing of such choice. 2.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the City as e result of any action taken or not taken by the city under the provisions of this Article. . - 111061 - IVA 3.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 3.2 Any term and /or 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. O i .. C' 4.1 Employees will be compensated at one and one -half (1 -1/2) times the employee's rate of pay for hours worked in excess of the employee's scheduled shift. Changes of shift do not qualify an employee for overtime under this Article. 4.2 For the purpose of computing overtime compensation overtime worked shall not be pyramided or paid twice for the same hours worked. 5.1 An employee covered by this AGREEMENT who is called back to work from off - duty at a time other than the employee's normally scheduled shift, will be compensated for a minimum of two (2) hours' pay at one and one -half (1 -1/2) times the employee's basic pay rate. This provision shall not apply to early reports or extension of shifts. 5.2 An employee who is required to answer a medical pageout will receive a minimum of four (4) hours pay at one and one -half (1 -1/2) times the employee's base pay rate, regardless of whether it is the employee's scheduled day off or scheduled work day. Shift extension or early report to duty within four (4) hours of the commencement of a scheduled shift shall be treated under Section 13.1 and shall not be subject to the four (4) hour minimum. 6.1 The sole authority to establish and revise work schedules is that of the EMPLOYER. The normal work week shall be an averaged forty (40) hours. The work year will be 2080 hours. 6.2 Except as outlined in Section 6.3, The City will give five (5) days' advanced written or oral notice to the employee affected by establishment of work days different from the employee's regular work schedule. Written notice shall not be given on days off. 6.3 The EMPLOYER may change the work schedule of an employee with less than five (5) working days advance notice in the event that work is required because of an emergency situation, breakdown of municipal equipment or facilities, or employee illness /injury. Temporary, non- emergency shift change requirements which involve less than five (5) days' advance notice will be posted requesting employees to volunteer for such shift changes. ARTICLE VII - DEFINITIONS 7.1 UNION: The International Association of Firefighters, Local 2570 7.2 DEPARTMENT HEAD: The Public Safety Director of the City of Cottage Grove or designated representative 7.3 EMPLOYER: The City of Cottage Grove 7.4 UNION MEMBER: A member of International Association of Firefighters, Local 2570 7.5 EMPLOYEE: A member of the formally recognized bargaining unit 7.6 SENIORITY: The length of continuous full -time service with the City of Cottage Grove 7.7 PROBATION: All new or rehired employees will serve a twelve (12) month probationary period 7.8 OVERTIME: Work performed at the express authorization of the EMPLOYER at times other than the normal hours of duty Page 5 7.9 UNION OFFICER: Officer elected or appointed by the International Association of Firefighters, Local 2570 8.1 Effective January 1, 1992, each full -time employee shall earn annual leave at a monthly rate which will total the following amount of annual leave: 0 through 7 years City employment 8 through 15 years City employment 15+ years City employment 144 hours per year 192 hours per year 208 hours per year 8.2 Except in the case of injury or illness, annual leave may only be taken upon approval of the employee's supervisor, which approval shall not be unreasonably withheld. Except in the case of injury or illness, no annual leave shall be granted until the employee has completed 1,040 hours of work. 8.3 Annual leave earned shall be accrued and the total number of earned annual leave hours shall be provided to the employee each pay period. Annual leave with pay may not be taken unless it has been earned. Except in the case of injury or illness, no employee shall be allowed to take more than 80 consecutive hours of annual leave at one time. 8.4 Employees who voluntarily resign their employment with the City in good standing (by providing the required 2 week advance notice and not in anticipation of a discharge) and have annual leave time remaining shall be paid for their accrued annual leave, except for probationary employees who have not achieved regular status employment. 8.5 An employee who uses annual leave for illness or injury may be required to present evidence that he /she is again able to perform the duties of his /her employment. 8.6 Annual leave must be taken in increments of no less than one (1) hour. 8.7 Except as provided in the conversion section below, no employee may carry over more than 240 hours of accumulated annual leave from one year to the next. In the event that an employee has in excess of 240 accumulated hours of annual leave after completion of the last full pay period in the calendar year, the employee's accrued annual leave shall be reduced to 240 hours. 9.1 Once per year, on either the first pay period after April 1 or the first pay period after October 1, any employee who has completed at least seven (7) years of service with the City may exchange up to twenty -four hours of accumulated annual leave for payment equal to twenty -four (24) hours of pay at his /her current rate. Any employee who has completed at least fifteen (15) years of service with the City may exchange up to forty (40) hours accumulated annual leave for payment equal to forty (40) hours of pay at his /her existing rate. 10.1 Employees will be covered by the City's short -term disability policy on the same basis as applicable to employees covered by the Non - represented Pay Plan, as outlined in the Personnel Policy. ARTICLE XI - SHIFT EXCHANGE 11.1 Employees shall have the right to exchange shifts with the approval of the Fire Chief or the Fire Chiefs designee, provided that such exchange does not result in overtime. ARTICLE XII - SALARY 12.1 Salaries effective January 1, 2011 through December 31, 2011. Classification Hourly Rate Hourly Rate Firefighter 2011 w/ 7% Paramedic 12/31/2010 1/1/2011 differential Start to 1 Year $21.23 $21.44 $22.94 After 1 Year $22.04 $22.26 $23.82 After 2 Years $23.10 $23.33 $24.96 After 3 Years $24.16 $24.40 $26.11 After 4 Years $25.22 $25.47 $27.26 After 5 Years $26.29 $26.55 $28.41 Fire Marshal $30.44 $30.74 $32.90 In addition, on July 1, 2011 the City will conduct a market comparison for all public works maintenance bargaining units, clerical bargaining units, and police patrol bargaining units of cities with populations between 20,000 and 60,000 that have wage amounts established as of June 1, 2011. The City will determine the average cost of living adjustments (COLA) of all three (3) combined bargaining unit groups by the recorded increase in the settled contracts. If the City's bargaining units are below the average COLA of the three (3) combined bargaining unit groups the City will apply that percentage to the base wage rates, less the 1 % received on January 1, 2011. The cities used in comparison are cities that the Met Council estimates are between 20,000 and 60,000 in population in 2007. Specifically, the cities are: Andover, Blaine, Fridley, Ramsey, Chanhassen, Chaska, Apple Valley, Hastings, Inver Grove Heights, Lakeville, Page 7 Rosemount, South St. Paul, Brooklyn Center, Champlin, Crystal, Edina, Golden Valley, Maple Grove, Minnetonka, New Hope, Richfield, Shoreview, St. Louis Park, Maplewood, New Brighton, Roseville, White Bear Lake, Prior Lake, Savage, Shakopee, Oakdale and Woodbury. The cities used in comparisons will be those from the above list that have a settled 2011 contract prior to June 1, 2011. 13.1 A differential of seven percent (7 %) of the base hourly rate. 14.1 Any person covered by this AGREEMENT who is required to accept the full responsibility and carry out the duties of a position of rank within the bargaining unit above that which the employee normally holds, shall be paid at the rate for that position or rank while so assigned for more than two consecutive weeks. • 15.1 Each regular, full -time employee will receive twelve (12) paid holidays per year as follows: 1. New Years Day 2. Martin Luther King Birthday 3. Presidents' Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veterans' Day & Thanksgiving Day 9. Day after Thanksgiving Day 10. Christmas Eve Day 11. Christmas Day 12. Floating Holiday 15.2 If an employee is assigned to work on a holiday, said employee will be paid his /her regular salary plus time and one -half (1 -1/2). 16.1 Seniority will be the determining criterion for transfers, promotions and layoffs only when all job - relevant qualification factors are equal, as determined by the City. .- 16.2 Seniority will be the determining criterion for recall when the job - relevant qualification factors are equal, as determined by the City. Recall rights under this provision will continue for twelve (12) months after lay off. Recalled employees shall have ten (10) working days after notification of recall by registered mail at the employee's last known address to report to work or forfeit all recall rights. 17.1 All appendices and amendments to this AGREEMENT shall be lettered, dated and signed by the responsible parties and shall be subject to all the provisions of this AGREEMENT. i }1 , 18.1 The EMPLOYER agrees to pay up to $500 per year in 2011 as uniform allowance and uniform repair for all employees listed in this Agreement. Said style and color of uniforms are to be selected by the Director of Public Safety of the City. The EMPLOYER shall provide the required uniform allowance on a debit card. The balance on the card shall not exceed $1,200. The debit card shall be set up in such a way to allow the EMPLOYEE to remove funds via an ATM machine. 18.2 Any purchases made and /or cash withdrawn from an ATM within 60 calendar days of an employee's voluntary resignation or retirement on the uniform debit card will require reimbursement to the City for said purchases and withdrawals. The Employer may grant a waiver of this provision for replacement or repair of material damaged in the line of duty, or at the employer's discretion. 18.3 Upon commencing employment, newly hired employees shall receive an initial issue of necessary uniform items. New employees will not receive the uniform allowance until one year following the date of hire. The uniform allowance will be prorated. The month an employee passes his /her probationary period will not count towards the prorated allowance. 18.4 Initial Issue Payback — a) If employee fails to complete the probationary period they must reimburse the City for initial issue costs not recoverable to the City. b) If an employee voluntarily resigns within their probationary period, they will be required to reimburse the City of Cottage Grove for the costs of the initial provision of uniforms and equipment. c) This language does not apply when resignation is due to performance issues. . Kw I MIRUNNA 19.1 All eligible full -time employees shall participate in the Employer's insurance program. An eligible employee is defined as an individual who would be covered under the health insurance coverage provisions of both the City's personnel Page 9 policies and insurance plan documents between the City and insurer. For the term of this agreement, the Employer will contribute toward the premium for health insurance on the same basis and subject to the same conditions and restrictions as the basic program for employees covered by the Non - represented Pay Plan, as it may be amended from time to time. 19.2 The EMPLOYER will pay the premium for group life insurance for each employee; coverage to equal One Thousand Dollars ($1,000.00) per One Thousand Dollars ($1,000.00) of annual base wages. 20.1 An employee injured in the line of duty, covered by Worker's Compensation laws of the State of Minnesota and eligible for Worker's Compensation pay and other insurance, shall be guaranteed the employee's regular pay by the EMPLOYER for sixty (60) days less the first three (3) days the employee is off work due to injury. The EMPLOYER will pay the difference between the Firefighters' weekly pay and Worker's Compensation check. At the end of the sixty- (60) day period, the _Firefighter_ may draw on accumulated annual leave and holidays. The EMPLOYER will require the injured Firefighter to provide a doctor's certificate that the Firefighter is capable of returning to work and to resume normal duties. The injured employee will allow the EMPLOYER access to medical records on file with the Worker's Compensation insurance carrier or State Worker's Compensation Commission. 21.1 When vacancies occur in positions covered by this AGREEMENT, or when new positions are created, notice of such vacancies and /or newly created positions shall be posted on appropriate bulletin boards immediately for a period of six (6) working days. A copy of such posting shall be supplied to the President of the Local Union. 21.2 Employees will be allowed a probationary period of one year. If, during that period, said employee, in the opinion of the EMPLOYER, fails to perform satisfactorily the duties of the new position, the employee will be terminated or, if the position is promotional, permitted to return to the employee's original position without loss of seniority. It is the intention of this clause to normally return an unsuccessful promotional bidder to their original position. In the case of personnel reduction: 22.1 No new employee shall be hired into the bargaining unit until the laid off employee has been given the opportunity of returning to work. Page 10 23.1 This grievance procedure is established to resolve any specific dispute between the employee and the EMPLOYER concerning and limited to the interpretation or application of the provisions of this AGREEMENT. The UNION will notify the EMPLOYER annually of members of the grievance committee and of changes to same. 23.2 A grievance shall be resolved in the following manner: The grievance shall set forth the nature of the grievance, the facts on which it is based, the specific provision or provisions of the contract allegedly violated, and the relief requested. Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty -one (21) calendar days after such alleged violation has occurred, present such grievance to the FIRE CHIEF in writing. The FIRE CHIEF 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, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the FIRE CHIEF'S final answer in step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2, if appealed, the written grievance shall be presented by the UNION and discussed with the PUBLIC SAFETY DIRECTOR. The PUBLIC SAFETY DIRECTOR 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 PUBLIC SAFETY DIRECTOR'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. Step 3. if appealed, the written grievance shall be presented by the UNION and discussed with the CITY ADMINISTRATOR OR DESIGNEE. The CITY ADMINISTRATOR OR DESIGNEE shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the CITY ADMINISTRATOR'S OR DESIGNEE'S final 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. Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the Page 11 EMPLOYER'S final answer in Step 4. Any grievance not appealed in writing to Step 5 by the UNION within ten (10) calendar days shall be considered waived. Step 5. A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subject to the provisions of the public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Minnesota Bureau of Mediation Services. 23.3 The decision of the arbitrator shall be final and binding on both parties. The fee and expense of the arbitrator shall be divided equally between the EMPLOYER and the UNION, provided however, 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. 23.4 The EMPLOYER and the UNION mutually agree that the grievance and arbitration procedures contained in this AGREEMENT are the sole and exclusive means of resolving all grievances arising under this AGREEMENT. 23.5 An employee presenting a grievance may elect to be represented by a UNION representative of the employee's choice at any step in the grievance procedure. 23.6 The time limits established by this Article may be extended by mutual written consent of the EMPLOYER, the employee, and the UNION. 23.7 If the finding of a resolution of a grievance at any step in the procedure is not continued within the prescribed time limits, said grievance shall be considered resolved on the basis of the EMPLOYER'S last answer provided, and there shall be no further appeal or review. Should the EMPLOYER not respond within the prescribed time limits, the grievance will proceed to the next step. 24.1 Each full -time employee will complete one (1) full year of service upon the anniversary of the employee's entrance into the Fire Department as a full -time employee. Volunteer service will not be considered for service time. 25.1 Jury Duty: An employee who is summoned to serve on a jury shall be granted compensation equal to the difference between the employee's regular rate of pay and compensation paid to the employee for serving on a jury. An employee who is excused from jury duty prior to the completion of an eight (8) hour work day is expected to return to work for the completion of that day. An employee shall Page 12 notify his /her supervisor upon receipt of a summons to appear for jury duty, in order to claim jury leave. 25.2 Court Time: An employee who is required to appear in court on Fire Department business during the employee's scheduled off -duty time shall receive a minimum of three (3) hours' pay at one and one -half (1 -1/2) times his /her regular rate of pay. The employee does not qualify for the two (2) hour minimum when the court appearance falls during his /her regularly scheduled shift. 25.3 An employee who is required to appear in court on his /her scheduled day off will receive a minimum of three (3) hours pay at one and one -half (1 -1/2) times the employee's base pay rate. If a court appearance on off -duty time is canceled with less than eight hours notice to the employee, the employee shall receive a minimum of two hours pay at one and one -half times the employee's base rate. ARTICLE XXVI - DISCIPLINE 26.1 The EMPLOYER will discipline employees only for just cause. ARTICLE XXVII - SAVINGS CLAUSE 27.1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and Washington County. In the event any provision of this AGREEMENT shall be held 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 shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. 28.1 This contract represents the complete AGREEMENT between the EMPLOYER and the UNION and shall be effective as of the 1st day of January 2011, and shall be in full force and effect until the 31 st day of December 2011. 29.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 29.2 The parties mutually acknowledge that during the negotiations which resulted in the AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any terms or condition of employment Page 13 not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment 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 parties at the time this contract was negotiated or executed. IN WITNESS THEREOF, the parties hereto have executed this AGREEMENT effective January 1, 2011. FIREFIGHTERS UNIT GROVE Mayor City Administrator Page 14 E�YACOTLOZSUUTc3: M :Z0]Tl UNIT 7 T' 8 9 9: 9 ' 10 10 10 11 12 12 �3. 13 13 13 BETWEEN reli V&SI&S161 - • i LOCAL • 2570 1 This AGREEMENT made and entered into by and between the CITY OF COTTAGE GROVE, hereinafter referred to as the EMPLOYER, and the INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL NO. 2570, hereinafter referred to as the UNION. The intent and purpose of this AGREEMENT is to: 1. Provide a procedure for the resolution of disputes concerning this AGREEMENT's interpretation and /or application; and 2. Establish a full and complete understanding of the parties concerning standards of wages, hours, terms, and other conditions of employment for the duration of the AGREEMENT. 1.1 The EMPLOYER recognizes the UNION as the exclusive representative for all full -time firefighters employed by the City of Cottage Grove, Minnesota, who are public employees within the meaning of Minnesota Statute 179A.03, Subdivision 14, excluding supervisory and confidential employees. 1.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job position, the issue shall be submitted to the Bureau of Mediation Services for determination. In recognition of the UNION as the exclusive representative, the EMPLOYER shall: Page 3 2.1 Deduct from each payroll period an amount sufficient to provide the payment of dues established by the UNION from the wages of all employees authorizing in writing such deduction, and 2.2 Remit such deduction to the appropriate designated officer of the UNION. 2.3 The UNION may designate a certain employee from the bargaining unit to act as Steward and shall inform the EMPLOYER in writing of such choice. 2.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the city under the provisions of this Article. ■ * Z - w 3.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; - to_select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 3.2 Any term and /or 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. eIT:400I>A�6 ]r14 A lilPilA 4.1 Employees will be compensated at one and one -half (1 -1/2) times the employee's rate of pay for hours worked in excess of the employee's scheduled shift. Changes of shift do not qualify an employee for overtime under this Article. 4.2 For the purpose of computing overtime compensation overtime worked shall not be pyramided or paid twice for the same hours worked. F - 1 1 : I Lei I WAX01 5.1 An employee covered by this AGREEMENT who is called back to work from off - duty at a time other than the employee's normally scheduled shift, will be compensated for a minimum of two (2) hours' pay at one and one -half (1 -1/2) times the employee's basic pay rate. This provision shall not apply to early reports or extension of shifts. 5.2 An employee who is required to answer a medical pageout will receive a minimum of four (4) hours pay at one and one -half (1 -1/2) times the employee's base pay rate, regardless of whether it is the employee's scheduled day off or Page 4 scheduled work day. Shift extension or early report to duty within four (4) hours of the commencement of a scheduled shift shall be treated under Section 13.1 and shall not be subject to the four (4) hour minimum. 6.1 The sole authority to establish and revise work schedules is that of the EMPLOYER. The normal work week shall be an averaged forty (40) hours. The work year will be 2080 hours. 6.2 Except as outlined in Section 6.3, The City will give five (5) days' advanced written or oral notice to the employee affected by establishment of work days different from the employee's regular work schedule. Written notice shall not be given on days off. 6.3 The EMPLOYER may change the work schedule of an employee with less than five (5) working days advance notice in the event that work is required because of an emergency situation, breakdown of municipal equipment or facilities, or employee - illness /injury. - Temporary, non- emergency shift change requirements which involve less than five (5) days' advance notice will be posted requesting employees to volunteer for such shift changes. ARTICLE VII - DEFINITIONS 7.1 UNION: The International Association of Firefighters, Local 2570 7.2 DEPARTMENT HEAD: The Public Safety Director of the City of Cottage Grove or designated representative 7.3 EMPLOYER: The City of Cottage Grove 7.4 UNION MEMBER: A member of International Association of Firefighters, Local 2570 7.5 EMPLOYEE: A member of the formally recognized bargaining unit 7.6 SENIORITY: The length of continuous full -time service with the City of Cottage Grove 7.7 PROBATION: All new or rehired employees will serve a twelve (12) month probationary period 7.8 OVERTIME: Work performed at the express authorization of the EMPLOYER at times other than the normal hours of duty Page 5 7.9 UNION OFFICER: Officer elected or appointed by the International Association of Firefighters, Local 2570 MAI 01Z 8.1 Effective January 1, 1992, each full -time employee shall earn annual leave at a monthly rate which will total the following amount of annual leave: 0 through 7 years City employment 8 through 15 years City employment 15+ years City employment 144 hours per year 192 hours per year 208 hours per year 8.2 Except in the case of injury or illness, annual leave may only be taken upon approval of the employee's supervisor, which approval shall not be unreasonably withheld. Except in the case of injury or illness, no annual leave shall be granted until the employee has completed 1,040 hours of work. 8.3 Annual leave earned shall be accrued and the total number of earned annual -- leave hours shall -be- provided to the employee each pay period_ Annual leave with pay may not be taken unless it has been earned. Except in the case of injury or illness, no employee shall be allowed to take more than 80 consecutive hours of annual leave at one time. 8.4 Employees who voluntarily resign their employment with the City in good standing (by providing the required 2 week advance notice and not in anticipation of a discharge) and have annual leave time remaining shall be paid for their accrued annual leave, except for probationary employees who have not achieved regular status employment. 8.5 An employee who uses annual leave for illness or injury may be required to present evidence that he /she is again able to perform the duties of his /her employment. 8.6 Annual leave must be taken in increments of no less than one (1) hour. 8.7 Except as provided in the conversion section below, no employee may carry over more than 240 hours of accumulated annual leave from one year to the next. In the event that an employee has in excess of 240 accumulated hours of annual leave after completion of the last full pay period in the calendar year, the employee's accrued annual leave shall be reduced to 240 hours. 9.1 Once per year, on either the first pay period after April 1 or the first pay period after October 1, any employee who has completed at least seven (7) years of service with the City may exchange up to twenty -four hours of accumulated annual leave for payment equal to twenty -four (24) hours of pay at his /her current rate. Any employee who has completed at least fifteen (15) years of service with the City may exchange up to forty (40) hours accumulated annual leave for payment equal to forty (40) hours of pay at his /her existing rate. 10.1 Employees will be covered by the City's short -term disability policy on the same basis as applicable to employees covered by the Non - represented Pay Plan, as outlined in the Personnel Policy. 11.1 Employees shall have the right to exchange shifts with the approval of the Fire Chief or the Fire Chiefs designee, provided that such exchange does not result in overtime. ARTICLE X11 - SALARY 12.1 Salaries effective January 1, 2012 through December 31, 2014. 80% 83.8% 86.7% 89.6% 92.4% 96.2% 100.0% GRADE A B C D E F G Pirafinhtar 1/1/2011 1 % 21.24 22.25 23.02 23.79 24.53 25.54 26.55 with Paramedic Differenti 22.73 23.81 24.63 25.46 26.25 27.33 28.41 8/13/2012 External Market Adjustment 23.15 24.25 25.09 25.93 26.74 27.84 28.94 with Paramedic Differential 24.77 25.95 26.85 27.75 28.61 29.79 30.97 1/l/2013 2% 23.62 24.74 25.60 26.45 27.28 28.40 29.52 with Paramedic Differential 25.27 26.47 27.39 28.30 29.19 30.39 31.59 1/1/2014 2% 24.09 25.23 26.11 26.98 27.82 28.97 30.11 with Paramedic Differential 25.78 27.00 27.93 28.87 29.77 31.00 32.22 Fi re Marshal 1 /1 /2011 i % 30.74 with Paramedic Differential 32.90 8/13/2012 External Market Adjustment 32.24 33.51 with Paramedic Differential 34.49 35.86 1/1/2013 2% 32.88 34.18 with Paramedic Differential 3518 36.57 _ 1/1/2014 2% 3154 34.87 with Para medic Differential 35.89 37.31 Page 7 Cost of Living Adjustment In 2014, the bargaining unit will receive the same market adjustment, if any, that the Cottage Grove Police Officers Federation receives, as detailed on page 21 of their 2012 -2014 labor agreement. Fly •. 11 -, 1 13.1 A differential of seven percent (7 %) of the base hourly rate. ARTICLE XIV - WORKING OUT OF CLASSIFICATION 14.1 Any person covered by this AGREEMENT who is required to accept the full responsibility and carry out the duties of a position of rank within the bargaining unit above that which the employee normally holds, shall be paid at the rate for that position or rank while so assigned for more than two consecutive weeks. ARTICLE XV - HOLIDAYS 15.1 Each regular, full -time employee will receive twelve (12) paid holidays per year as follows: 1. New Years Day 2. Martin Luther King Birthday 3. Presidents' Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veterans' Day 8. Thanksgiving Day 9. Day after Thanksgiving Day 10. Christmas Eve Day 11. Christmas Day 12. Floating Holiday 15.2 If an employee is assigned to work on a holiday, said employee will be paid his /her regular salary plus time and one -half (1 -1/2). i • 16.1 Seniority will be the determining criterion for transfers, promotions and layoffs only when all job - relevant qualification factors are equal, as determined by the City. 16.2 Seniority will be the determining criterion for recall when the job - relevant qualification factors are equal, as determined by the City. Recall rights under this .- provision will continue for twelve (12) months after lay off. Recalled employees shall have ten (10) working days after notification of recall by registered mail at the employee's last known address to report to work or forfeit all recall rights. 17.1 All appendices and amendments to this AGREEMENT shall be lettered, dated and signed by the responsible parties and shall be subject to all the provisions of this AGREEMENT. 18.1 The EMPLOYER agrees to pay up to $500 per year in 2012, 2013 and 2014 as uniform allowance and uniform repair for all employees listed in this Agreement. Said style and color of uniforms are to be selected by the Director of Public Safety of the City. The EMPLOYER shall provide the required uniform allowance on a debit card. The balance on the card shall not exceed $1,200. The debit card shall be set up in such a way to allow the EMPLOYEE to remove funds via an ATM machine 18.2 Any purchases made and /or cash withdrawn from an ATM within 60 calendar days of an employee's voluntary resignation or retirement on the uniform debit card will require reimbursement to the City for said purchases and withdrawals. The Employer may grant a waiver of this provision for replacement or repair of material damaged in the line of duty, or at the employer's discretion. 18.3 Upon commencing employment, newly hired employees shall receive an initial issue of necessary uniform items. New employees will not receive the uniform allowance until one year following the date of hire. The uniform allowance will be prorated. The month an employee passes his /her probationary period will not count towards the prorated allowance. 18.4 Initial Issue Payback — a) If employee fails to complete the probationary period they must reimburse the City for initial issue costs not recoverable to the City. b) If an employee voluntarily resigns within their probationary period, they will be required to reimburse the City of Cottage Grove for the costs of the initial provision of uniforms and equipment. c) This language does not apply when resignation is due to performance issues. 19.1 All eligible full -time employees shall participate in the Employer's insurance program. An eligible employee is defined as an individual who would be covered under the health insurance coverage provisions of both the City's personnel policies and insurance plan documents between the City and insurer. For the term of this agreement, the Employer will contribute toward the premium for Page 9 health insurance on the same basis and subject to the same conditions and restrictions as the basic program for employees covered by the Non - represented Pay Plan, as it may be amended from time to time. 19.2 The EMPLOYER will pay the premium for group life insurance for each employee; coverage to equal One Thousand Dollars ($1,000.00) per One Thousand Dollars ($1,000.00) of annual base wages. r �1 20.1 An employee injured in the line of duty, covered by Worker's Compensation laws of the State of Minnesota and eligible for Worker's Compensation pay and other insurance, shall be guaranteed the employee's regular pay by the EMPLOYER for sixty (60) days less the first three (3) days the employee is off work due to injury. The EMPLOYER will pay the difference between the Firefighters' weekly pay and Worker's Compensation check. At the end of the sixty- (60) day period, the Firefighter may draw on accumulated annual leave and holidays. The EMPLOYER will require the injured Firefighter to provide a doctor's certificate that the Firefighter is- capable - of- returning _to work and to resume normal duties. The injured employee will allow the EMPLOYER access to medical records on file with the Worker's Compensation insurance carrier or State Worker's Compensation Commission. •^ '•, 21.1 When vacancies occur in positions covered by this AGREEMENT, or when new positions are created, notice of such vacancies and /or newly created positions shall be posted on appropriate bulletin boards immediately for a period of six (6) working days. A copy of such posting shall be supplied to the President of the Local Union. 21.2 Employees will be allowed a probationary period of one year. If, during that period, said employee, in the opinion of the EMPLOYER, fails to perform satisfactorily the duties of the new position, the employee will be terminated or, if the position is promotional, permitted to return to the employee's original position without loss of seniority. It is the intention of this clause to normally return an unsuccessful promotional bidder to their original position. ARTICLE XXII - PERSONNEL REDUCTION In the case of personnel reduction: 22.1 No new employee shall be hired into the bargaining unit until the laid off employee has been given the opportunity of returning to work. Page 10 23.1 This grievance procedure is established to resolve any specific dispute between the employee and the EMPLOYER concerning and limited to the interpretation or application of the provisions of this AGREEMENT. The UNION will notify the EMPLOYER annually of members of the grievance committee and of changes to same. 23.2 A grievance shall be resolved in the following manner: The grievance shall set forth the nature of the grievance, the facts on which it is based, the specific provision or provisions of the contract allegedly violated, and the relief requested. Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty -one (21) calendar days after such alleged violation has occurred, present such grievance to the FIRE CHIEF in writing. The FIRE CHIEF 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, and the remedy requested and shall be appealed to Step 2 within ten (10) calendar days after the FIRE CHIEF'S final answer in step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the PUBLIC SAFETY DIRECTOR. The PUBLIC SAFETY DIRECTOR 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 PUBLIC SAFETY DIRECTOR'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. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the CITY ADMINISTRATOR OR DESIGNEE. The CITY ADMINISTRATOR OR DESIGNEE shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the CITY ADMINISTRATOR'S OR DESIGNEE'S final 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. Step 4. A grievance unresolved in Step 3 and appealed in Step 4 shall be submitted to the Minnesota Bureau of Mediation Services. A grievance not resolved in Step 4 may be appealed to Step 5 within ten (10) calendar days following the EMPLOYER'S final answer in Step 4. Any grievance not appealed in writing to Step 5 by the UNION within ten (10) calendar days shall be considered waived. Step 5. A grievance unresolved in Step 4 and appealed in Step 5 shall be submitted to arbitration subject to the provisions of the public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Minnesota Bureau of Mediation Services. 23.3 The decision of the arbitrator shall be final and binding on both parties. The fee and expense of the arbitrator shall be divided equally between the EMPLOYER and the UNION, provided however, 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. 23.4 The EMPLOYER and the UNION mutually agree that the grievance and arbitration procedures contained in this AGREEMENT are the sole and exclusive means of resolving all grievances arising under this AGREEMENT. 23.5 An employee presenting a grievance may elect to be represented by a UNION representative of the employee's choice at any step in the grievance procedure. 23.6 The time limits established by this Article may be extended by mutual written consent of the EMPLOYER, the employee, and the UNION. 23.7 If the finding of a resolution of a grievance at any step in the procedure is not continued within the prescribed time limits, said grievance shall be considered resolved on the basis of the EMPLOYER'S last answer provided, and there shall be no further appeal or review. Should the EMPLOYER not respond within the prescribed time limits, the grievance will proceed to the next step. 24.1 Each full -time employee will complete one (1) full year of service upon the anniversary of the employee's entrance into the Fire Department as a full -time employee. Volunteer service will not be considered for service time. FATZ • 25.1 Jury Duty: An employee who is summoned to serve on a jury shall be granted compensation equal to the difference between the employee's regular rate of pay and compensation paid to the employee for serving on a jury. An employee who is excused from jury duty prior to the completion of an eight (8) hour work day is expected to return to work for the completion of that day. An employee shall Page 12 notify his /her supervisor upon receipt of a summons to appear for jury duty, in order to claim jury leave. 25.2 Court Time: An employee who is required to appear in court on Fire Department business during the employee's scheduled off -duty time shall receive a minimum of three (3) hours' pay at one and one -half (1 -1/2) times his /her regular rate of pay. The employee does not qualify for the two (2) hour minimum when the court appearance falls during his /her regularly scheduled shift. 25.3 An employee who is required to appear in court on his /her scheduled day off will receive a minimum of three (3) hours pay at one and one -half (1 -1/2) times the employee's base pay rate. If a court appearance on off -duty time is canceled with less than eight hours notice to the employee, the employee shall receive a minimum of two hours pay at one and one -half times the employee's base rate. ARTICLE XXVI - DISCIPLINE 26.1 The EMPLOYER will discipline employees only for just cause. 27.1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and Washington County. In the event any provision of this AGREEMENT shall be held 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 shall continue in full force and effect. The voided provision may be renegotiated at the request of either party. FAI NJ I I .. 28.1 This contract represents the complete AGREEMENT between the EMPLOYER and the UNION and shall be effective as of the 1st day of January 2012, and shall be in full force and effect until the 31 st day of December 2014. ARTICLE XXIX - WAIVER CLAUSE 29.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 29.2 The parties mutually acknowledge that during the negotiations which resulted in the AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any terms or condition of employment Page 13 not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment 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 parties at the time this contract was negotiated or executed. IN WITNESS THEREOF, the parties hereto have executed this AGREEMENT effective January 1, 2012. FIREFIGHTERS UNIT FOR THE CITY OF COTTAGE City Administrator Page 14