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HomeMy WebLinkAboutResolution No. 129-24 - Resolution - Collective Bargaining Agreement 2025-27 LELS Local 445 Police Sergeants RESOLUTION Approving the Collective Bargaining Agreement with Law Enforcement Labor Services, Local 445 – Police Sergeants (Union) for the Calendar Years 2025-27. WHEREAS, the Union and the City of Rochester are parties to an existing Collective Bargaining Agreement (CBA) that expired on December 31, 2024; and WHEREAS, representatives of the Union and representatives of the City of Rochester have negotiated a three-year Collective Bargaining Agreement (CBA) for the term of January 1, 2025 - December 31, 2027; and WHEREAS, Attachment A summarizes the changes negotiated to the existing CBA between the parties. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Rochester approves and ratifies the attached changes to the 2025-2027 CBA with Law Enforcement Labor Services, Local 445 – Police Sergeants. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2024. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _____ DAY OF ______________________, 2024. ___________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) 1 | Page ATTACHMENT A 2025-2027 Law Enforcement Labor Services, Local 445 – Police Sergeants Summary of Collective Bargaining Agreement Changes 2. DEFINITIONS BASIC REGULAR HOURLY RATERATE OF PAY as defined by Fair Labor Standards Act. CHIEF means the Chief of the Rochester Police Department. EMERGENCY means situations so defined by the Chief or an authorized person acting in his their absence. EMPLOYEE means a member of the formally recognized bargaining unit represented by the Union. GRIEVANCE COMMITTEE means the elected Officers of the Union or their appointees, not to exceed three (3) in number. POLICE DEPARTMENT means the Rochester Police Department. GENDER means the term “he” or “his” as found in this document are utilized for the sake of brevity and are not meant to imply the exclusion of other genders within the work force or discrimination on the part of either party to this Agreement. 5. DUES CHECK-OFF AND UNION ACTIVITY The City agrees to deduct the monthly membership dues or fees for each member of the Union who authorizes this deduction by signing the payroll deduction authorization card and forwarding it to the Human Resources Department. Such authorization shall be revocable by the employee at his/hertheir written request. The City will remit the dues collected on a monthly basis. The Union agrees to indemnify and hold the City 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. A. Officers, agents, representatives, or members of the Union who are not employees of the Police Department shall have access to the premises of the City, at reasonable times, provided he/shethey notifies notify the Chief of Police or in his/her absence, the Deputy Chief of the work areadesignee and his/hertheir presence will not disrupt the orderly routine of the Department. B. Employees who are designated or elected for the purpose of adjusting grievances or assisting in the administration of this Agreement shall, with the 2 | Page approval of the Chief of Police, or in his/her absence, the Deputy Chief of the work areadesignee, be permitted a reasonable amount of time free from their regular duties to fulfill these obligations, providing the purpose of these activities is the maintenance of harmonious and cooperative relations between Employer and the employees and uninterrupted operation of the Police Department. 6. GRIEVANCE PROCEDURE F. Arbitrator’s Authority: For grievance matters involving written disciplinary action, discharge, or termination, the assignment of an arbitrator shall be consistent with Minnesota Statute 626.892. For all other grievances the selection of an arbitrator shall be made in accordance with the “Rules Governing the Arbitration of Grievances” as established by the Bureau of Mediation Services. 8. HOURS OF WORK A. The workday consists of either twelve (12) hours, if working on the platoons, or eight and four tenths (8.4) hours, ten and one half (10.5) hours, or twelve (12) hours, if working any other position. B. CHANGES IN SHIFT ASSIGNMENT. An employee must be notified of a change in normally scheduled shift twenty-four (24) hours before the change is to take place except in cases of emergencies. If an employee is required to work non- scheduled hours, the employee will be compensated at the rate of one and one- half (1 ½) employee's basic regular hourly rate of pay. C. OVERTIME. Employees shall be compensated at the rate of one and one-half (1 ½) times their regular rate of pay in either compensatory time or paid overtime at the employee's option with the approval of the supervisor for overtime work under the following conditions, but in no event shall such compensation be received twice for the same hours: All work in excess of eight and four- tenths (8.4) hours on any scheduled eight and four-tenths (8.4) hour work day, all work in excess of ten and one half (10.5) hours on any scheduled ten and one half (10.5) hour work day, and all work in excess of twelve (12) hours on any scheduled twelve (12) hour work day. At no time shall the number of bank hours accrued exceed two hundred and forty (240) hours. E. Each employee working one hundred and four (104) hours over the basic two thousand eighty (2080) hours, either on the twelve (12) hour shifts, ten and one- half (10.5) hour shifts, or the eight and four-tenths (8.4) hour shifts shall be compensated at their regular rate of pay. 3 | Page 10. HOLIDAYS A. Employees shall receive four point two three onesix one five (4.2314.615) hours, in lieu of the holiday, added to their vacation time each pay period. The amount of time added shall not exceed one hundred ten twenty (110120) hours per year (ten \[10\] hours per the eleven twelve (1112) holidays observed). B. The following holidays will be observed by shift employees on the actual date of the holiday whereas non-shift employees will follow the City’s recognized holiday schedule: 1. Martin Luther King’s Birthday 2. President’s Day 3. Memorial Day 4. Juneteenth 4.5. Independence Day 5.6. Labor Day 6.7. Veteran’s Day 7.8. Thanksgiving Day 8.9. Day After Thanksgiving 9.10. Christmas Eve Day 10.11. Christmas Day 11.12. New Year’s Day C. Any employee required to work on the following holidays: Martin Luther King's Birthday, President's Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve Day, Christmas Day, and New Year's Day will receive time and one-half (1 ½) pay for that day. 11. VACATION A. Employees shall not be granted any vacation until they have been employed six (6) months. B.A. Employees shall earn vacation benefits from the start of their employment. C. No vacation benefits shall accrue to an employee terminating within six (6) months of his employment date. 12. SICK LEAVE st A. No sick leave shall be granted to an employee during the first (1) month of employment, but leave shall accrue from the start of his/her employment.Employees shall accrue sick leave from the start of their employment and are allowed to use accrued sick leave during their first six (6) months of employment. 4 | Page 13. UNUSED SICK LEAVE When an employee has applied for and been granted an irrevocable waiver of participation by MSRS and provided to the Employer written documentation of such waiver; amounts payable for unused sick leave in the event of an eligible employee’s separation or permanent disability as specified above shall be paid to the employee rather than to the MSRS Health Care Savings Plan. Such payments to the employee shall be subject to normal payroll withholdings as required by law. 14. INSURANCE A. The City will provide term-life insurance in an amount equal to two (2) times the employee's annual salary rounded to the next higher thousand as outlined in the master policy on file in the City Clerk's Office. B. The City will provide group medical insurance to eligible employees pursuant to the City’s self-insured medical plan and pay will contribute a portion of the total premium with the following contributions made on the part of the City. Medical Plan Options City’s Contribution to Monthly Premium Basic Option Tier Effective Effective 2026 Effective 2027 20242025 Employee Only 87.5087.00% 87.00% 87.00% Employee + Spouse 84.0083.50% 83.50% 83.50% Employee + Child(ren) 84.0083.50% 83.50% 83.50% Family 84.0083.50% 83.50% 83.50% High Deductible Health Effective 2025 Effective 2026 Effective 2027 Plan Employee Only 87.00% 87.00% 87.00% Employee + Spouse 83.50% 83.50% 83.50% Employee + Child(ren) 83.50% 83.50% 83.50% Family 83.50% 83.50% 83.50% The employee’s share of the premium will be paid through a payroll deduction. The employee contribution toward the cost of coverage(s) is divided among twenty-four (24) pay periods. No payroll deduction is taken on the third pay period in any month. C. The City shall contribute the following amounts to a Health Savings Account (HSA) for all benefit-eligible employees selecting the High-Deductible Health Plan (HDHP) coverage: High Deductible Medical Plan Annual Contribution to HSA* Employee Only $1,400.00 Employee + Spouse $2,800.00 5 | Page Employee + Child(ren) $2,800.00 Family $2,800.00 *The annual contribution to the HSA account is paid out over the first two pay periods of each month (24 pay periods total). 15. OPTION TO PURCHASE CITY-SPONSORED HEALTH/DENTAL COVERAGE, AND/OR LIFE INSURANCE AFTER RETIREMENT An employee who retires from regular full-time employment with the City of Rochester may continue to participate in the City-sponsored benefits the employee had immediately prior to retirement pursuant to state and federal law, the City's Organizational policies, as well as benefit plan documents. Spouses of retirees that are deceased will be allowed to continue coverage under state and federal law. An employee who retires from regular full-time employment with the City of Rochester may continue to participate indefinitely in the City-sponsored health and/or dental insurance group that the employee participated in immediately prior to retirement. The retiree may receive dependent coverage only if s/he received dependent coverage immediately prior to retirement. A retiree who initially selects dependent coverage may later drop dependent coverage while retaining individual coverage, but the retiree may not drop individual coverage and retain dependent coverage. City-sponsored life insurance may continue until the retiree’s seventy- th fifth (75) birthday. th After the retiree’s sixty-fifth (65) birthday and if the retiree has enrolled in Medicare and if s/he has dependent coverage in effect, the retiree can pay a dollar amount equivalent to the cost of covering two (2) individuals under the City’s plan, if no other dependents require coverage. The same holds true if the retiree’s spouse turns age sixty-five (65) prior to the retiree and is eligible for and enrolled in Medicare. In order to retain City-sponsored health and/or dental coverage or life insurance, the retiree and his/her spouse, if applicable, must authorize the requisite deductions from a checking or savings account in the amount that is designated by the City and may be changed from time to time through written notification from the City. For the retiree, until age sixty-five (65), the amount of life insurance coverage which can be purchased is any amount, in one thousand dollar ($1,000.00) increments, between a minimum of ten thousand dollars ($10,000.00) and a maximum of the amount of coverage available to the employee on the date of retirement from the City. th Beginning on a retiree’s sixty-fifth (65) birthday, the amount of life insurance coverage is limited by the underwriter to ten thousand dollars ($10,000.00). Any lifetime maximum benefit designated in the City’s health coverage plan document continues to be applied after retirement. 19. WAGES 6 | Page Wages are found in “Appendix A” of this Agreement. 2025: Effective the first full pay period in January of 2025, the hourly base wages shall increase by six dollars and seventy two cents ($6.72) per hour to reflect a market and incorporation of specialty pay; plus an increase of four percent (4.00%). 2026: Effective the first full pay period in January of 2026, the hourly base wages shall increase by four percent (4.00%). 2027: Effective the first full pay period in January of 2027, the hourly base wages shall increase by three percent (3.00%). st Effective the first (1) full pay period in January of each contract year, the following increases will be applied across the board to all Sergeant pay rates: two and three- quarters percent (2.75%) in 2022; two percent (2.0%) in 2023; two percent (2.0%) in 2024. An individual promoted to the Sergeant rank shall have their salary placed within the new salary range. Placement will be based on experience, qualifications, length of service, and other relevant factors permitted by law. Sergeants shall receive a step increase commensurate with their years of service on their anniversary date in each contract year. After the five-year step, employees may receive a merit adjustment providing they have a received a “successful” “Meets Expectations” or “Exceeds Expectations” performance evaluation rating for that year. The merit adjustment may range from zero percent (0%) to two-and-one half percent (2.5%). Those employees receiving a “successful” “Meets Expectations” or “Exceeds Expectations” rating in all major components of the performance evaluation documentation are eligible for the two-and-one half percent (2.5%) adjustment. No merit adjustment may exceed the maximum pay rate established. Employees who are at the 2024 Max/Merit wage rate as of the end of the last full pay period in 2024 shall move to 2025 Max/Merit wage rate effective the first full pay period in January of 2025. For 2026 and 2027, employees at the Max/Merit wage rate will remain at the Max/Merit wage rate. Merit increases shall not be subject to the grievance procedures. If a dispute exists between the employee and the Police Chief regarding the merit increase, the dispute will be resolved by a review board consisting of the City Administrator, Director of Human Resources, and a member of this bargaining unit. All Sergeants shall remain at their rate of pay in effect on the Agreement expiration date until a successor Agreement is executed. Employees who have separated from employment are not eligible for back wages. Retroactive pay will be effective the first 7 | Page full pay period in January of 2025, and will only apply to base wage adjustments and step increases and not other premium payments and/or differentials. 22. SPECIALTY UNITS Sergeants assigned by the Employer to Specialty Units will receive one dollar and sixty cents ($1.60) per hour above their regular pay rate. 22. WORKING OUT OF CLASSIFICATION Employees assigned with the approval by the Chief to assume the responsibilities and authority of a higher exempt-level job classification for three (3) consecutive days shall receive the salary schedule of the higher classification for the duration of the assignment. Exempt-level classification pay rates will be converted to the 2184 hourly schedule to determine the correct hourly out-of-class rate of pay. When an employee is permanently appointed to a promotional position immediately following the employee’s temporary appointment to the promotional position with no break in service, the employee’s seniority date in the promotional position shall revert back to the first day in the temporary appointment. 32. TERM This Agreement shall be in effect from January 1, 2022 2025 and shall remain in effect until December 31, 20242027, and from year to year thereafter, unless either party shall notify the other in writing by May 1, 20242027, that it desires to modify or terminate this Agreement. The terms of the Wage Article and Insurance Article shall be retroactive to January 1, 2022 2025 and limited to those employees who are in active payroll status as of the date of the full execution of this Agreement. 36. UNIFORMS/CLOTHING A. Sergeants shall be provided uniforms and related accessories based on the following initial issue: NUMBER OF CLOTHING ARTICLE INITIAL ISSUE 1 Jacket (Duty Champ) 4 Shirts – Long sleeve (New Generation – Dacron/Wool or Deputy – Poly/Rayon) 4 Shirts – Short sleeve (New Generation or Deputy) 4 Pants (New Generation – Dacron/Wool or American Mode – Polyester) 2 Neckties – Navy blue 8 | Page 1 Raincoat – Short or long 2 Pair of Shoes or Boots (Rocky Eliminator, Insulated/Non- insulated, Justin, Red Wing, Reebok, Cloud 10) 2 Accident Templates 1 Cap – Summer 1 Cap – Winter (Fur) 1 Armor Vest – Navy Blue Carrier (Point Blank #20) 2 Coat Badges (Enteman-Rovin) 1 Hat Badge (Enteman-Rovin) 1 each Leather Gear (Safariland Black Basket Weave)  Pant Belt  Gun Belt  Holster  Magazine Holder (1 Double or 2 Single)  Flashlight Holder  Handcuff Case  Mace Holder  Key Holder 2 Name Plates 1 Whistle 1 Weapon (Department Approved) 1 Pair Handcuffs – Standard or hinged model (S&W Peerless) 1 Pair Gloves – Black Thinsulate-lined 1 Metal Clipboard – Large-size 1 Uniform Scarf 1 Uniform Sweater 2 Winter-weight Pants 1 Overshoes 1 Mini-Mag Flashlight with holder 1 Briefcase or Equipment Bag (Command Post or Bianchi) 1 Flashlight (Streamlight Model SL20X) B. Replacement of any equipment, accessories, clothing or repair including alterations, parts, and resoling of shoes will be done on an as-needed basis by the City upon request and with approval of the Sergeant’s supervising Lieutenant. C. Minnesota Criminal Code/Selected Statutes is replaced by the Minnesota County Attorneys Association publications, Rules, Criminal, Traffic, Juvenile, and Narcotics. Members will receive the publication applicable to their job assignment. A. With implementation of this new program, theThe Union, along with the Police administrationAdministration, will create a five (5)four (4) member Uniform/Equipment Committee. The Committee shall consist of the Chief or his/hertheir designated representative, one (1) uniformed Patrol Sergeant and 9 | Page three (3) Shift Patrol OfficersSergeants. The Patrol Officers shall be appointed by the President of the Union for the term of this Agreement. This Committee will establish a Uniform/Equipment list of initial uniform and equipment items to be provided to Officers and deal with all equipment and uniform matters that are listed on the initial issue as well as replacement or repair. B. Replacement of any equipment, accessories, clothing or repair including alterations, parts, and resoling of shoes will be done on an as-needed basis by the City upon request and with approval of the Sergeant’s supervising Lieutenant. 39. SENIORITY A reduction of the workforce will be accomplished on the basis of seniority. The Employer shall give the Union and the Employees at least to (2) weeks written notice in advance of any layoff. Employees shall be recalled from layoff on the basis of seniority. An Employee on layoff shall have an opportunity to return to work within two (2) years of time of the layoff before any new employee is hired. APPENDIX A 10 | Page