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HomeMy WebLinkAboutResolution No. 116-22 - Resolution - 2022-24 CBA with LELS 371 RESOLUTION Approving the Collective Bargaining Agreement with the Law Enforcement Labor Services, Inc., Local 371 (Union), Police Supervisors, for the calendar years of 2022-24. WHEREAS, the Union and the City of Rochester are parties to an existing Collective Bargaining Agreement that expired on December 31, 2021; 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 Jan- uary 1, 2022, through December 31, 2024; and WHEREAS, the Request for Council Action (RCA) Attachment summarizes the changes negotiated to the existing CBA between the parties. NOW, THEREFORE, BE IT RESOLVED that the Rochester City Council approves and ratifies the attached changes and the 2022-2024 CBA with Law Enforcement Labor Ser- vices, Inc., Local 371. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2022. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _____ DAY OF ______________________, 2022. ___________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) City of Rochester – RCA Attachment – May 16, 2022 LELS, Local 371, Police Supervisors 1. Article 7, Grievance Procedure, Step Four, second paragraph, modify the language as follows to clarify the arbitrator selection process: Step Four In the case the grievance is not settled in Step Three, the Union may appeal the grievance to arbitration within ten (10) calendar days of the date of mediation. If the City and the Union can agree on an arbitrator, such person shall be named as the arbitrator for the grievance. In case both parties cannot agree on an arbitrator within seven (7) days, a list of seven (7) names shall be requested from the Bureau of Mediation Services. The selection of an arbitrator will be made in accordance with the “Rules Governing the Arbitration of Grievances” as established by the Bureau of Mediation Services. However, a grievance arbitration for written disciplinary action, discharge, or termination shall include the arbi- trator selection procedures established in Minnesota Statute 626.892. 2. Article 10, Holidays, delete the Columbus Day holiday referenced in Section B and adjust the holiday accrual rate in Section A as follows: A. Employees shall receive 4.23 four and six hundred fifteen thousandths (4.615) 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 eleventwelve \[(112\]) holidays observed\]. B. Holidays to be observed will be: Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Eve Day Christmas Day New Year’s Day All above holidays to be on the observed date. 3. Article 13, Unused Sick Leave, add the following clarifying introductory statement: 2 | Page To qualify for any provision of this Article, Unused Sick Leave, the employee must be an active employee who has accrued ten (10) or more years of continuous full-time or part-time regular service with the City of Rochester. 4. Article 14, Insurances, modify Section B to eliminate the reference to the high-deduct- ible medical option and all related language references to the Health Savings Account contributions (per previously agreed upon MOU) and modify the City’s monthly pre- mium contribution to the base option as follows: Medical Plan City’s Monthly Premium* Basic Medical Plan Tier Effective 2019 Effective 2020 Effective 2021 Employee Only 92.0% 90.75% 89.75% Employee + Spouse 88.5% 87.25% 86.25% Employee + Child(ren) 88.5% 87.25% 86.25% Family 88.5% 87.25% 86.25% High Deductible Plan Effective 2019 Effective 2020 Effective 2021 Employee Only 92.0% 90.75% 89.75% Employee + Spouse 88.5% 87.25% 86.25% Employee + Child(ren) 88.5% 87.25% 86.25% Family 88.5% 87.25% 86.25% Medical Plan Option City’s Contribution to Monthly Premium Basic Option Tier Effective 2022 Effective 2023 Effective 2024 Employee Only 88.50% 88.00% 87.50% Employee + Spouse 85.00% 84.50% 84.00% Employee + Child(ren) 85.00% 84.50% 84.00% Family 85.00% 84.50% 84.00% 5. Article 19, Salaries, modify language as follows to address incorporation of new wage grid: SALARIES COMPENSATION The following parameters will be applied to the wage grid identified as Addendum A: A. In order to be eligible for step progression, employees must receive at least satis- factory performance evaluations. Step progression for eligible employees shall be on the employee’s anniversary date in rank based on years of service in rank and satisfactory performance evaluations. There shall be no step progression after December 31, 2021 except as may be negotiated in the successor Collective Bar- gaining Agreement. B. Employees being promoted from a sergeant to lieutenant or lieutenant to captain shall be placed on the minimum step of the corresponding wage grid, or to the next 3 | Page highest step above a six (6) percent increase, whichever is higher. Employees promoted from captain to deputy chief shall be moved to the starting step of the deputy chief wage grid, or to the next highest step above a two and a half (2.5) percent increase, whichever is higher. To be eligible for the general wage increase, the employee must be employed by the City on the date of ratification of this Agreement by both parties. Reference Exhibit A for a listing of salary ranges for 2022-2024. Employees shall be placed in the new salary ranges as outlined in Exhibit A. There shall be no step progression, merit adjustments, or lump-sum merit payments after December 31, 2024, except as may be negotiated in the successor Collective Bargaining Agreement.  Step Increases An employee will move to the next step that reflects another year in position or receive a merit adjustment providing they have received a “successful” perfor- mance evaluation rating for that year. At the discretion of the Police Chief and the Director of Human Resources, an employee may advance one extra step in the annual performance evaluation pay period in order to maintain internal equity or due to market competitiveness. Employees hired below Step 6 shall be hired at a salary that is on a step.  Merit Increases – For Employees at or Above Step 6 On the pay period beginning closest to the employee’s anniversary date or promo- tional date, employees shall be eligible for a merit increase of a minimum of one- half percent (0.5%) up to a maximum of two and one-half percent (2.5%). In no event shall merit adjustment be granted which exceeds the range for the position.  Lump Sum Merit Pay (top of range) If an employee is at the maximum of their salary range, the employee is eligible for a pay-for-performance increase of a minimum of one-half percent up to a maximum of two and one-half percent (0.5%-2.5%) paid as a lump sum amount rather than a recalculation of annual salary.  Grievance of Step or Merit Increase 4 | Page Step and merit increases shall not be subject to grievance procedures. If a dispute exists between an employee and their supervisor regarding a step or merit in- crease, the dispute will be resolved by a review board consisting of the City Ad- ministrator, Director of Human Resources, and a member of this bargaining unit.  Promotional Increase All employees receiving a promotion to a new position in a higher grade level shall receive a wage adjustment in the range of six (6) to ten (10) percent. The em- ployee must be placed on a step in the higher grade level or within the merit range, if applicable.  Special Project Pay Exempt positions are not eligible for overtime. However, there may be times when an exempt employee is assigned extraordinary and unique tasks as part of a spe- cial project requiring an excessive or unusual amount of work time to be scheduled over an extended period of time. In special project cases, the Department Head, with concurrence of the City Administrator or their designee, may authorize pay- ment of additional compensation for exempt-level supervisors. The authorization for additional compensation must occur before the exempt employee performs the special project’s extraordinary and unique tasks. 6. Article 23, Term of Agreement, three-year agreement for 2022-24. 7. Article 28, Immediate Return to Work, delete this entire Article given that new wage grid incorporates this differential. Each employee recognizes that he/she is subject to call to return to the workplace, or to a designated location outside the workplace, during hours normally set aside for personal pursuits. The Department recognizes that the nature of these personal pursuits may make it difficult to contact an employee, or may make it difficult for an employee to return to work as soon as is necessary. The Department recognizes that some employees, by nature of their assignments, must be immediately available to return to work. In order to ensure that these employees are available when necessary, their activities must be restricted during hours set aside for personal pursuits. When the Chief of Police, or his/her designee, determine that an employee’s personal activities must be restricted, that employee shall carry a cell phone and must not engage in any activities that may hinder or impair his/her ability to respond and/or return to work. All captains and lieutenants will be required to carry cell phones and immediately return to work for specified periods of time throughout the year. Because this requirement places personal restrictions on such designated employees, they will receive a bi-weekly 5 | Page pay differential of one hundred forty-five dollars ($145.00) while assigned to this position. Additional positions may be added to the above list with the approval of the Chief of Police and the City’s Human Resource Director. 8. Appendix A, remove the existing wage and replace with the new Appendix A below. 9. Implement MOU, Removal of Deputy Chief from Recognition Clause, in all related contract language/Articles. 10. Signature Page, update with correct name for City Clerk. 11. Agree to other minor language changes, clarification, and/or corrections: LELS will review all edits prior to executing the contract. 6 | Page EXHIBIT “A” -- LELS Pay Schedule 2022 Pay Schedule -- 2.75% Wage Increase GradMinimum Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Max Min Max Min as Max as % e Points Points % of of Step 6 Step 6 1 65,488 67,411 69,338 71,263 73,190 75,115 77,041 92,450 515 550 85.0% 120.0% 2 69,938 71,996 74,053 76,110 78,165 80,223 82,282 98,738 551 580 85.0% 120.0% 3 75,358 77,575 79,792 82,008 84,224 86,442 88,656 110,82581 635 85.0% 125.0% 4 81,197 83,587 85,975 88,361 90,753 93,138 95,527 119,40636 678 85.0% 125.0% 2 5 87,491 90,063 92,637 95,209 97,784 100,355 102,930 128,66679 709 85.0% 125.0% 9 6 94,271 97,043 99,816 102,590 105,362 108,134 110,907 138,63710 760 85.0% 125.0% 5 7 101,579 104,566 107,55110,544 113,528 116,517 119,504 149,38761 800 85.0% 125.0% 3 8 109,450 112,671 115,88119,107 122,329 125,545 128,764 160,95801 830 85.0% 125.0% 5 0 9 117,932 121,400 124,86128,336 131,807 135,277 138,743 173,43831 920 85.0% 125.0% 9 9 9 0 2023 Pay Schedule – 2.00% Wage Increase Grade Minimum Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Max Min Max Min as Max as % Points Points % of of Step 6 Step 6 1 66,798 68,759 70,725 72,688 74,654 76,617 78,582 94,299 515 550 85.0% 120.0% 2 71,337 73,436 75,534 77,632 79,728 81,827 83,928 100,713 551 580 85.0% 120.0% 3 76,865 79,127 81,388 83,648 85,908 88,171 90,429 113,038 581 635 85.0% 125.0% 4 82,821 85,259 87,695 90,128 92,568 95,001 97,438 121,797 636 678 85.0% 125.0% 5 89,241 91,864 94,490 97,113 99,740 102,362 104,989 131,238 679 709 85.0% 125.0% 6 96,156 98,984 101,812 104,642 107,469 110,297 113,125 141,406 710 760 85.0% 125.0% 7 103,611 106,657 109,706 112,755 115,799 118,847 121,894 152,368 761 800 85.0% 125.0% 1101,812 8 111,639 114,924 118,207 121,489 124,776 128,056 131,339 164,178 801 830 85.0% 125.0% 9 120,291 123,828 127,366 130,903 134,443 137,983 141,518 176,899 831 920 85.0% 125.0% 2024 Pay Schedule -- 2.00% Wage Increase Grade Minimum Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Max Min Max Min as % Max as Points Points of Step 6 % of Step 6 1 68,134 70,134 72,140 74,142 76,147 78,149 80,154 96,185 515 550 85.0% 120.0% 7 | Page 2 72,764 74,905 77,045 79,185 81,323 83,464 85,607 102,727 551 580 85.0% 120.0% 3 78,402 80,710 83,016 85,321 87,626 89,934 92,238 115,299 581 635 85.0% 125.0% 4 84,477 86,964 89,449 91,931 94,419 96,901 99,387 124,233 636 678 85.0% 125.0% 5 91,026 93,701 96,380 99,055 101,735 104,409 107,089 133,863 679 709 85.0% 125.0% 6 98,079 100,964 103,848 106,735 109,618 112,503 115,388 144,234 710 760 85.0% 125.0% 7 105,683 108,790 111,900 115,010 118,115 121,224 124,332 155,415 761 800 85.0% 125.0% 8 113,872 117,222 120,571 123,919 127,272 130,617 133,966 167,462 801 830 85.0% 125.0% 9 122,697 126,305 129,913 133,521 137,132 140,743 144,348 180,437 831 920 85.0% 125.0% Implementation of Wage Grid 2022 Effective the first full pay period in January 2022, employees will be placed into the new pay schedule based on their 12/31/2021 annualized wage rate, plus the 2.75% general wage increase and any steps they would have been eligible for in the previous grid, plus $3770 which reflects the incorporation of the Immediate Return to Work differential into the base wage. Using this total amount, employees at or below Step 6 in the 2022 pay schedule above are placed on the step in the 2022 pay schedule most closely aligning with this wage rate. For employees whose total amount exceeds Step 6 of the 2022 pay schedule, employees are placed in the merit range. 8 | Page