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HomeMy WebLinkAbout2014-12-17 PACKET 04.E. REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # � DATE 12/17/2014 . . PREPARED BY Administration Joe Fischbach ORIGINATING DEPARTMENT STAFF AUTHOR ***************�********�*****�*�***����*��***�* COUNCIL ACTION REQUEST Consider approving the 2015-2017 Full-time Firefighter labor contract. STAFF RECOMMENDATION Approve the 2015-2017 Full-time Firefighter labor contract. BUDGET IMPLICATION $ _ _ _ _ _ _ BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION DATE REVIEWED APPROVED DENIED ❑ PLANNING ❑ ❑ ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES/RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS � MEMO/LETTER: Memo from Joe Fischbach dated 12/12/2014 ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: labor contract ADMINISTRATORS COMMENTS r f /� � ' City Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE � MINNESOTA To: Honorable Mayor and City Council From: Joe Fischbach, Human Resources Manager . Date: December 12, 2014 Subject: Full-time Firefighter Labor Contract Introduction The City and the Full-time Firefighters labor union have tentatively agreed to 2015-2017 labor agreement, subject to City Council approval. Background Management staff and representatives of the labor union met on two different occasions and - were successful in reaching a three year tentative agreement for years 2015-2017, subject to - - your approval. There were 3 issues of note for this contract. They are: wages, Holidays and uniform allowance. Wages The contract calls for cost-of-living-adjustments (COLA) of 2.5% in 2015, 2.75% in 2016 and 2.75% in 2017, on the first day of the pay period including January 1St. These are the same COLAs that Police Patrol and 49ers received for these three years. Their contracts were approved at your August 13t" and November 19t" meetings. The cost of these COLAs are approximately: 2015- $8,650 over 2014 wages, or an annual increase of $1,450 per employee 2016- $9,750 over 2015 wages, or an annual increase of $1,625 per employee 2017- $10,000 over 2016 wages, or an annual increase of $1,670 per employee Uniform Allowance The annual uniform allowance will go from $500 per year to $530 per year for each employee, beginning in 2015. This is the same amount the 49er labor union will be getting in 2015. Holidays Under the previous contracts, Holidays were treated like bargaining unit employees worked a typical Monday through Friday work schedule. They would get Holiday pay and/or days off for the Holiday. With the evolution to this bargaining unit employees providing primary EMS coverage 24 hours a day, this arrangement is no longer feasible. We have negotiated the same language that the Police Patrol and Sergeants have in their contracts. Employees are credited with 88 hours of Holiday pay, leaving them a work commitment on 1,992 hours. They also received two Holiday pay checks of 56 hours in June and December. Thus, if they work on a Holiday, it is treated like any other day of the year. Action Staff is recommending Council approve the 2015-2017 labor contract with the Full-time Firefighters union. LABOR AGREEMENT _ _ _ _ _ _ _ _ _ CITY OF COTTAGE GROVE AND COTTAGE GROVE PROFESSIONAL FIREFIGHTERS ASSOCIATION JANUARY 1, 201�DECEMBER 31, 2017 PREAMBLE AND STATEMENT OF PURPOSE 3 � �= - __ _ _- _ - II. DEFINITIONS 4 � - � � - - -_ _ � IV. EMPLOYER AUTHORITY 5 �--_ _� _�= �� �� - � ���� - - VI. SENIORITY 7 � �1� _� __� ,� .` U'1"= 1�1 . � �. �; : _ _ VIII. PERSONNEL REDUCTION 7 _�. � � _ _ _ _ X. __ HOURS OF WORK _ _ _ 8 _ _ _ _ _ _ �� �- � L�� -����� - XII. CALLBACK PAY 9 _� � � � � _ XIV. JURY DUTY - COURT TIME 10 _ M S�B:1� _� XVI. SHIFT EXCHANGE 11 - _� ;�= _ XVIII. ANNUAL LEAVE CONVERSION 12 _ �_: XX. CERTIFIED PARAMEDIC DIFFERENTIAL 13 ��. _�:a ,�� ;__� ��,—�, _(�; - �: XXII. HOLIDAYS 13 �� - _ - °1 �� ���� _ ,q;:� - - XXIV. INSURANCE 14 _ ��� � S=` � ��ll -� � ` � _ _ XXVI. SAVINGS CLAUSE 14 � �; ,� 1:_, , I_ ���[,3_ _ . �r � - XXVIII. WAIVER CLAUSE 15 Page 2 LABOR AGREEMENT BETWEEN CITY OF COTTAGE GROVE AND COTTAGE GROVE PROFESSIONAL FIREFIGHTERS ASSOCIATION, IAFF LOCAL NO. 2570 2015-2017 PREAMBLE AND STATEMENT OF PURPOSE _ _ _ _ _ _ _ . This AGREEMENT made and entered into by and between the CITY OF COTTAGE GROVE, hereinafter referred to as the EMPLOYER, and the COTTAGE GROVE PROFESSIONAL FIREFIGHTERS ASSOCIATION, IAFF LOCAL NO. 2570, hereinafter referred to as the UNION. The intent and purpose of this AGREEMENT is to: 1. Establish hours, wages and other conditions of employment. 2. Establish procedures for the resolution of disputes concerning interpretation and/or application of this Agreement. 3. Specify the full and complete understanding of the parties. 4. Place in written form by Agreement, the terms and condit'ions of employment which will be in effect for the duration of this Agreement as specified in Article xxvii. ARTICLE I - RECOGNITION 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. Page 3 ARTICLE II - DEF'INITIONS 2.1 UNION: The Cottage Grove Professional Firefighters Association, IAFF Local 2570 2.2 DEPARTMENT HEAD: The Public Safety Director of the City of Cottage Grove or designated representative 2.3 EMPLOYER: The City of Cottage Grove 2.4 UNION MEMBER: A member of the Cottage Grove Professional Firefighters Association, IAFF Local 2570 2.5 EMPLOYEE: A member of the formally recognized bargaining unit 2.6 SENIORITY: The length of continuous full-time service within the bargaining unit 2.7 PROBATION: All new or rehired employees will serve a twelve (12) month probationary period 2.8 OVERTIME: Work performed at the express authorization of the EMPLOYER at times other than the normal hours of duty 2.9 UNION OFFICER: Officer elected or appointed by the Cottage Grove Professional Firefighters Association, IAFF Local 2570 ARTICLE III - UNION SECURITY In recognition of the UNION as the exclusive representative, the EMPLOYER shall: 3.1 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 3.2 Remit such deduction to the appropriate designated officer of the UNION. 3.3 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. 3.4 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. Page 4 ARTICLE 1V - EMPLOYER AUTHORITY 4.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and 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. 42 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. ARTICLE V - GRIEVANCE PROCEDURE _ _ _ _ _ _ _ _ _ _. _ _ _ _ _ _ _ 5.1 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 inembers of the grievance committee and of changes to same. 5.2 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. Page 5 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 aecordance with the "Rules Governing the Arbitration of Grievances" as established by the Minnesota Bureau of Mediation Services. 5.3 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. 5.4 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. 5.5 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. 5.6 The time limits established by this Article may be extended by mutual written consent of the EMPLOYER, the employee, and the UNION. 5.7 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 ne�ct step. Page 6 ARTICLE VI - SENIORITY 6.1 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. 6.2 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. 6.3 There shall be a seniority list established which shall be based on total service within the bargaining unit. _ _ _ _ _ _ __ __ _ ._ _ _ _ _ _ 6.4 Vacation periods shall be selected on the basis of SENIORITY of total service within the bargaining unit. A. Bidding shall occur on a bi-annual basis i. January — June ii. July — December B. Bidding shall be completed no later than December 1St for January- June and no later than June 1 St for July — December bid periods. C. Vacations shall be granted in seniority order. ARTICLE VII - COMPUTATION OF SERVICE 7.1 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. Part-time service will not be considered for service time. ARTICLE VIII - PERSONNEL REDUCTION In the case of personnel reduction: 8.1 No new employee shall be hired into the bargaining unit until the laid off employee has been given the opportunity of returning to work. ARTICLE IX - DISCIPLINE 9.1 The City will discipline employees for just cause only. Discipline will be in the form of: A. Oral reprimand; B. Written reprimand; C. Suspension; D. Demotion; E. Discharge. Page 7 9.2 Suspension, demotion and discharge will be in written form. 9.3 Written reprimands and notices of suspension shall become part of the employee's personnel file and shall be read and acknowledged by the employee. An employee will receive copies of reprimands, suspensions and discharges. 9.4 Employees may examine their own individual personnel record at reasonable times, under the direct supervision of the City. 9.5 Grievances pertaining to this Article shall be initiated by the employee in Step 1 of the grievance procedure, under Article VI I. 9.6 In the event of discharge, the employee and his/her representative shall be entitled to a hearing before the City Council if requested in writing within five (5) - days of discharge. The hearing shall take place within ten (10) days of receipt of said notice. If it is then determined that the employee has been unjustly discharged, he/she shall be reinstated at once and all wages and other benefits lost during his/her time off shall be credited to him/her. 9.7 Suspensions for disciplinary reasons may be made for periods not exceeding thirty (30) working days in any twelve (12) month period for just cause. The Department Head shall provide the employee with a written statement of the reasons for the suspension within twenty-four (24) hours of suspension. Upon the request of the employee or his/her representative, made within five (5) days of the suspension, he/she shall be entitled to a hearing before the City Council within ten (10) days of the receipt of the request, on the merits of the suspension, after which the City Council may rescind, modify or uphold the suspension. 9.8 Employees shall not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a UNION representative present at such questioning. ARTICLE X- HOURS OF WORK 10.1 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. At the beginning of each year, each firefighter will be credited for 88 hours for holidays, leaving a work schedule commitment of 1992 hours. In no case shall an employee work more than 2080 hours in any one calendar year at straight time (paid work time, compensatory time, annual leave time, eighty-eight (88) hours holiday time, and training time will be credited toward 2080 hours.) Page 8 10.2 Except as outlined in Section 10.3, 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. 10.3 The EMPLOYER may change the work schedule of an employee with less than five (5) working days advance email notice in the event that work is required because of an emergency situation, breakdown of municipal equipment or facilities, or employee illness/injury. Written notice shall include date(s) and time(s) of work schedule changes. 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. 10.4 An employee who is scheduled to work during changes in daylight savings time shall account for the time change as follows: Employees working one hour - - longer than their normal shift shall receive one (1) hour pay at one and one-half - (1 �/) time the employee's base pay rate. Employees working one hour less than their normal shift shall submit a time off slip that deducts one (1) hour towards their yearly 2080 hour balance. ARTICLE XI - OVERTIME PAY 11.1 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. 11.2 For the purpose of computing overtime compensation overtime worked shall not be pyramided or paid twice for the same hours worked. 11.3 An Employee may request that each hour of time eligible for overtime under this Article, in lieu of payment, be accumulated as compensatory time at the rate of 1'/ hours for each eligible hour, provided that the maximum compensatory hour balance for each Employee shall at no time exceed 80 hours. All compensatory time shall be taken at the discretion of the Department Head. A supervisor may authorize the taking of up to two scheduled shifts at the discretion of the Chief or a designated supervisor. Employees may not accrue compensatory time for third party payer coverage (i.e. St. Paul Park EMS coverage). ARTICLE XII - CALLBACK PAY 12.1 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. Page 9 12.2 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 11.1 and shall not be subject to the four (4) hour minimum. 12.3 An employee who is required to answer an all call Fire pageout will receive a minimum of one (1) hour 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. This pay starts when the employee reaches the Cottage Grove city limits, not the time of the pageout. Shift extension or early report to duty within one (1) hour of the commencement of a scheduled shift shall be treated under Section 11.1 and shall not be subject to the one (1) hour minimum. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ARTICLE XIII - INJURY ON DUTY 13.1 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 si�cty (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. ARTICLE XIV - JURY DUTY - COURT TIME 14.1 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 notify his/her supervisor upon receipt of a summons to appear for jury duty, in order to claim jury leave. 14.2 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. Page 10 14.3 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 XV - SHORT TERM DISABILITY BENEFITS 15.1 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 XVI - SHIFT EXCHANGE 16.1 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 XVII - ANNUAL LEAVE 17.1 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 144 hours per year 8 through 15 years City employment 192 hours per year 15+ years City employment 208 hours per year 17.2 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. 17.3 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 160 consecutive hours of annual leave at one time. 17.4 Employees who terminate employment with the City 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. 17.5 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. Page 11 17.6 Annual leave must be taken in increments of no less than one (1) hour. 17.7 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. ARTICLE XVIII - ANNUAL LEAVE CONVERSION 18.1 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. ARTICLE XIX - SALARY 19.1 Salaries effective January 1, 2015 through December 31, 2017. 80% 83.8% 86.7% 89.6% 92.4% 96.2% 100.0% Step A B C D E F G Firefi hter 1/1/2015 2.5% 24.71 25.89 26.78 27.68 28.54 29.72 30.89 with Paramedic Differential 26.44 27.70 28.65 29.62 30.54 31.80 33.05 1/1/2016 2.75% 25.39 26.60 27.52 28.44 29.33 30.53 31.74 with Paramedic Differential 27.17 28.46 29.45 30.43 31.38 32.67 33.96 1/1/2017 2.75% 26.09 27.33 28.27 29.22 30.13 31.37 32.61 with Paramedic Differential 27.92 29.24 30.25 31.27 32.24 33.57 34.89 Normal progression through the pay steps will be as follows: Beginning - Step A 6 Months - Step B 1 Year - Step C 2 Years - Step D 3 Years - Step E 4 Years - Step F 5 Years - Step G The City maintains the right to start a new employee at any step it deems appropriate. Page 12 Cost of Livinq Adlustment In 2017, 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 2015-2017 labor agreement. ARTICLE XX - CERTIFIED PARAMEDIC DIFFERENTIAL 20.1 A differential of seven percent (7%) of the base hourly rate. ARTICLE XXI - WORKING OUT OF CLASSIFICATION 21.1 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 pos'ition or rank while so assigned for more than two consecutive weeks. ARTICLE XXII - HOLIDAYS 22.1 In lieu of holidays off, each employee will receive 56 hours of pay at his or her regular rate of pay with the first check in June of each year. Each employee shall receive another 56 hours of pay at his or her regular rate of pay with the first paycheck in December of each year. 22.2 Employees who start or leave employment during the year shall have this holiday compensation prorated at 9.3 hours of regular pay per complete month of employment. 22.3 Floating Holiday — To be scheduled with the permission of the employee's supervisor. Provided on a pro rated basis based on actual completed months worked. ARTICLE XXIII - UNIFORM ALLOWANCE 23.1 The EMPLOYER agrees to pay up to $530 per year in 2015, 2016 and 2017 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. 23.2 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. Page 13 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. 23.3 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. 23.4 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. - - - - - - - - ARTICLE XXIV - INSURANCE 24.1 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 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. 24.2 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. ARTICLE XXV - APPENDICES AND AMENDMENTS 25.1 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. ARTICLE XXVI - SAVINGS CLAUSE 26.1 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. Page 14 ARTICLE XXVII - DURATION 27.1 This contract represents the complete AGREEMENT between the EMPLOYER and the UNION and shall be effective as of the 1st day of January 2015, and shall be in full force and effect until the 31 st day of December 2017. ARTICLE XXVIII — WAIVER CLAUSE 28.1 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. 28.2 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 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, 2015. FOR COTTAGE GROVE FOR THE CITY OF COTTAGE PROFESSIONAL FIREFIGHTERS GROVE . ASSOCIATION Mayor City Administrator Page 15