Collective Bargaining Agreement - Dubuque Police Protective AssociationARTICLE XXVIII
SAVINGS CLAUSE
Should any Article, Section or portion thereof of this Agreement be restrained or held
unlawful and unenforceable by any court of competent jurisdiction, such decision of the
court shall apply only to the specified Article, Section or portion thereof restrained or
declared null and void in the decision and the remainder of this Agreement shall remain
in full force and effect.
ARTICLE XXIX
DURATION AND NEGOTIATIONS
This Agreement shall be effective the first day of July, 2015 and shall remain in full force
and effect through the thirtieth day of June, 2016. Negotiations for a succeeding
Agreement to become effective on July 1, 2016, shall begin after August 15, 2015, but
not later than October 15, 2015.
Signed this day of , 2015
DUBUQUE POLICE
PROTECTIVE ASSOCIATION
28
CITY OF DUBUQUE, IOWA
MAYO
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ATTEST:
KEVIN FI
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'TAHL, CITY ' LERK
Copyright 2014
City of Dubuque Consent Items # 19.
ITEM TITLE: Collective Bargaining Agreement - Dubuque Police Protective Association
SUMMARY: City Manager transmitting information on the arbitration award for the
Dubuque Police Protective Association Collective Bargaining Agreement.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
❑ Collective Bargaining Agreement with Dubuque Police Protective City Manager Memo
Association-MVM Memo
❑ Memo—Collective Bargaining Agreement_DPPA Staff Memo Staff Memo
❑ Arbitration Award Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Collective Bargaining Agreement between the City of Dubuque and the
Dubuque Police Protective Association
DATE: June 8, 2015
Personnel Manager Randy Peck is transmitting information on the arbitration award
issued by Arbitrator Marvin Hill. The arbitrator awarded the City's wage proposal which
will provide a 2.25% across the board base wage increase effective July 1, 2015
through June 30, 2016. The arbitration award is consistent with the City Council wage
guideline for the fiscal year beginning July 1, 2015, and it is also consistent with the
wage increase to be received by all other bargaining unit employees on July 1, 2015.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Randy Peck, Personnel Manager
'I"1{E COF DubuqueAH-DtUB E i7
Masterpiece on the Mississ ipp 1- 2007.2012.2013
TO: Michael C. Van Milligen, City Manager
FROM: Randy Peck, Personnel Manager
SUBJECT: Collective Bargaining Agreement between the City of Dubuque and the
Dubuque Police Protective Association
DATE: June 8, 2015
On June 2, 2015, an arbitration hearing was held in the impasse between the City of
Dubuque and the Dubuque Police Protective Association. The only issue at impasse
was wages. The arbitrator awarded the City's wage proposal which will provide a
2.25% across the board base wage increase effective July 1, 2015 through June 30,
2016. The arbitration award is consistent with the City Council wage guideline for the
Fiscal Year beginning July 1, 2015 and it is also consistent with the wage increase to be
received by all other bargaining unit employees on July 1, 2015. The requested action
is for the City Council to receive and file the arbitration award.
RP:Imh
d
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IN THE MATTER OF ARBITRATION )
BETWEEN ) Grievance No. 11-109
Seniority Rights Grievance
THE CITY OF DUBUQUE, IOWA )
EMPLOYER ) Marvin Hill
Arbitrator
-- and– )
TEAMSTERS LOCAL UNION 120
Appearances:
For the City: Randy Peck
Personnel Manager
City's Manager's Office, City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
citypersgeityofdubuque.org
For the Union: Officer Kurt Rosenthal
770 Iowa Street
Dubuque Police Protective Association
Dubuque, Iowa 52001
krosenthal@cityofdubiLi-que.org
I. BACKGROUND, FACTS AND STATEMENT OF JURISDICTION
The City of Dubuque, Iowa(hereinafter the "City," "Employer,"
"Administration" or"Management") is a community of approximately 60,000 residents,
located in northeastern Iowa along the Mississippi River and borders the states of
Wisconsin and Illinois. Founded in 1785, it is the oldest city in Iowa. It is the 10th most
populous city in the State of Iowa with growth and success over the past few years. This
success has been recognized by a range of national publications, with Dubuque getting
accolades like: Four-STAR Rating, May 2015 for National Excellence;Named 2d Most
Relaxed Small City in America; Best American Riverfronts–2014,by USA Today; All
American City-2013, 2012, 2007, by National Civil League; American's Crown
Community–2013, 2009, 2003, by Read News Release; #14 on"America's Best Small
Cities to Move to"-2013, by MOVOTA Real Estate; 10th Most Secure Small City in
the U.S. —2013, by Farmer's Insurance Co.; Fastest-Growing Economy in Iowa in 2012;
27th Fastest Growing Nationally—2013, by the U.S. Department of Commerce, Bureau
of Economic Analysis; Ten Great Places to Live—Kiplinger, July 2013,by Kiplinger
Personal Finance; 10th Best Performing Small Metro—2013, by Milken Institute 2013
Best-Performing Cities Index; Top Ten Smartest Cities on the Planet; Excellence in
Economic Development; 100 Best Communities for Young People—2012, 2011, 2010,
by America's Promise Alliance; 3rd Best in the U.S. for Job Growth; and Best Small
Places for Business; 5th in U.S. in"Top Metropolitan Areas,"by Site Selection
Magazine, 2013, and#2 Among Top 10 places for Healthcare.—2012,by the
Commonwealth Fund, to name just a few.
The City has two bridges spanning the Mississippi River permitting access to
Wisconsin and Illinois. Dubuque is considered the commercial and cultural center for the
"Tri-State Area." To this end,with just three percent (3%) of the state's population,
Dubuque has added nearly eight percent (8%), or 5,200, of the State's new jobs for 2010-
2013. The 5,200 job increase is the highest percentage increase in the State. In February
2014, Dubuque had an unemployment rate of 4.3% in comparison to 4.4% in the State
and 6.7% nationally.
The Dubuque Police Protective Association("DPPA") was certified by the Iowa
PERB in December 1975 (Case#3317)to represent as the exclusive bargaining agent the
patrol officers and corporals of the Police Department. The Police Department has the
seventh largest staffing of municipal agencies in Iowa with approximately 104 sworn and
9 civilian, for a total of 113 personnel. Authorized staffing for FY 2016 is 109 sworn and
9 civilian. The parties' collective bargaining agreement between the City and the
Dubuque Police Protective Association("Police" or"Bargaining Unit") covers 84 patrol
officers, 17 of which are promoted positions (corporals). Historically, actual staffing for
the Dubuque Police Department is less that the total authorized staff, generally having
five (5)to nine (9) sworn personnel less than authorized each year. Since 2012, twelve
(12) veteran police officers have resigned from the Department, a fact stressed by the
Union as a rationale for its wage proposal. Indeed, the Union points out that over the past
20 years, the retention rate of officers hired by the City has been 49 percent.
The parties presented one impasse issue to the undersigned Arbitrator: wages.
The parties agree that my authority is limited to selecting from one or the other final
offer, consistent with Section 22 of the Iowa Public Employment Relations Act(more on
this later). For the record, on May 20, 2015,the parties exchanged final offers (CX 1
(City Final Offer) & 2 (Police Officer Final Offer)).
Historical Comparability Group. Interestingly, the parties have not reached any
accord on the bench-mark jurisdictions to be used in impasse procedures. During
contract negotiations on 1/06/05, a comparable group was mutually agreed to include just
four cities: Ames, Council Bluffs, Iowa City and West Des Moines, Iowa.
2
During contract negotiations on 11/06/07,the City proposed a change to the
comparable group to exclude Ames and Iowa City because they are home to Iowa's two
largest educational institutions, Iowa State University(Ames) and the University of Iowa
(Iowa City). The Administration proposed a comparable group to include: Cedar Rapids,
Council Bluffs, Davenport, Des Moines, and Waterloo, which was accepted by the
Association.
During negotiations between the parties on 11/20/07, Randy Peck pointed out that
Des Moines, Davenport, Council Bluffs, Cedar Rapids, Sioux City and Waterloo have
been used as the comparability group since at least 1979, when Mr. Peck started with the
City.
During contract negotiations between the parties for FY 2012, the City refused to
discuss a comparability group. Negotiations reached an impasse and the City and the
Association went to arbitration. At the time Dubuque was ranked 8th in the State with
respect to population. The Association comprised a comparability group of include the
fifteen (15) largest cities in Iowa, seven larger and seven smaller: Des Moines, Cedar
Rapids, Davenport, Sioux City, Iowa City, Waterloo, Council Bluffs, Ames, West Des
Moines, Ankeny, Urbandale, Cedar Falls, Marion, and Bettendorf. The City comprised a
comparable group to include fifteen Iowa cities with populations between 20,000 and
60,000: Ames, West Des Moines, Ankeny,Urbandale, Cedar Falls, Marion, Bettendorf,
Mason City, Marshalltown, Clinton, Burlington, Ottumwa, Fort Dodge, and Muscatine.
Of the City's group, Dubuque was ranked second in population and had a population that
was at least twice that of seven cities.
The City refused.to discuss comparability groups during negotiations for a
collective bargaining agreement for FY 2013.
During contract negotiations between the parties for FY 2015, the City again
refiised to negotiate a comparability group and advised that it would be using the 14 cities
with populations between 20,000 and 60,000.
In the City's FY 2015 budget presentation, Management compared the City to
Des Moines, Cedar Rapids, Davenport, Sioux City, Iowa City, Waterloo, Council Bluffs,
Ames, and West Des Moines (the ten largest cities in Iowa) in crime statistics,property
tax rates and revenues, bond ratings, water/sewer rates, and solid water rates.
During arbitration between the parties on May 8, 2015, Arbitrator Curtiss Behrens
considered a comparability group to include the five larger and five smaller cities, which
included Iowa City, Waterloo, Council Bluffs, Ames, West Des Moines, Ankeny,
Urbandale, Cedar Falls, Marion and Bettendorf. See, City of Dubuque, Iowa &Dubuque
Police Protective Association (May 29, 2014). Significantly, like Arbitrator Pegretter
before him (2011), he declared that "the undersigned Arbitrator will draw guidance from
both parties' comparison groups." Behrens at 7.
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For the purpose of this arbitration the Police Officers have accepted Arbitrator
Behrens' comparability group of five larger and five smaller cities,which is reflected in
its exhibits. In contrast,the City submits 14 Iowa cities as comparable bench-mark
jurisdictions with populations between 20,000 and 60,000: Urbandale (population
39,463); West Des Moines (56,609); Ames (58,965); Bettendorf(33,217); Ottumwa
(25,023); Mason City(28,079); Clinton(26,885); Fort Dodge (15,206); Cedar Falls
(39,260); Marion(34,766); Ankeny (45,582); Marshalltown (27,552); Muscatine
(22,886); and Burlington, Iowa(25,663)(See, CX 15). The City asserts that it has used
this comparison group for at least 16 years. j
H. POSITION OF THE DUBUQUE POLICE PROTECTIVE j
ASSOCIATION (DPPA)
The DPPA proposes the following provision on Wages to be included in the
parties' successor collective bargaining agreement, a two—year agreement beginning July
1, 2015 through June 30, 2016:
Article XXV—Wage Plan
Effective July 1, 2015
Patrol Officer Step C: No Change
Patrol Officer Step D: No Change
Patrol Officer Step E: No Change
Patrol Officer Step F: No Change
Creation of Patrol Officer Step G (9 years/108 months of service); 4.88 above
Step F
Police Corporal Step D: 2.25% increase
Police Corporal Step E: 2.25% increase
Police Corporal Step F: 2.25% increase
Creation of Patrol Corporal Step G (7 years/84 months at rank of Corporal):
4.88% above Step F
Article XXIX—Duration and Negotiations
One (1)year agreement beginning July 1, 2015 through June 30,2016.
In support of its proposal, the police officers offer the following considerations:
1. Costing Analysis. According to the Union, the costing includes the
following: base wage, longevity, education bonus, shift premium, clothing allowance,
maximum holiday pay, and employer contribution to the pension system. With no
changes to the current pay scale, the cost to the Administration of the 84 officers covered
by this agreement would be $7,006,696 (baseline) for FY 16.
4
Of the 84 officers covered by this agreement,under the DPPA's proposal, 23
patrol officers and 7 corporals would qualify for Step G on July, 2015. An additional
seven patrol officers and one corporal would qualify for Step G during FY 16. The
costing of Step G for the increases of the initial 30 officers qualifying for the step is
$7,151,734. There is then an additional $16,744 in costs for the other eight officers who
will qualify for Step G during FY 16. The total cost of the DPPA's proposal being
$7,1687,478 for FY 16, which is a 2.3% increase above the baseline.
In contrast, the City's proposal of a 2.25% increase across-the-board would be
$7,162,614. During FY 16, nine(9) officers will qualify for step increases between steps
C & F, costing an additional $9,000 above this cost under the DPPS's proposal. The total
cost of the City's proposal at $7,171,614 for FY 16, which is 2.35% above the baseline.
All in all, the Union's offer will cost$3,136 less than the Administration's
proposal in FY 16. In theory, the Union acknowledged that its proposal will result in
increased costs to the City in future years, as more officers reach newly-added Step G.
However, given the current turnover in the Department, the Union's proposal makes
sense. To this end the Union points out that there are two Step G police officers, a Step
G corporal, and a captain expected to retire in FY 16. All of these positions will
eventually be replaced by new officers and advancements within the Department.
The new police officers will then be paid at a frozen Step C, which will result in savings
to the City. The promoted corporal would then be paid at entry-level scale, instead of
Step G, resulting in savings to the Administration. Natural attrition will keep the
numbers in check, According to the Union.
2. Historical Analysis Regarding Lifetime Earnings. Over a 30-year career,
at the current rate, a Dubuque police officer will earn $1,912,383, which includes base
wage, educational incentive, longevity, uniform allowance, and holidays. In comparison
with police officers from the other ten cities in the bench-mark jurisdictions, Dubuque
ranks 1 lth. According to the Union, Dubuque is 9.8%below the average of the other 10
cities. Dubuque is the 6th most populous city in the comparability group. While it is true
that Dubuque's Officers earn the highest starting salaries in the comparable group and
receive maximum salaries (at 2 1/2 years of service) earlier than any other department in
the bench-mark jurisdiction group, Dubuque falls out of the top half in earnings after five
(5) years of service and are surpasses by nine (9) of the comparable cities by seven (7)
years of service. After eleven(11) years of service, Dubuque Officers rank last and
remain at the bottom until 25 years of service, when the unit surpasses Cedar Falls, IA by
$114 yearly.
3. Comparability Analysis. Asserting that the Union's proposal is a"give
and take"proposal, it nevertheless acknowledged that a majority of the officers (46) will
not experience a pay increase in FY 16. Additionally, new hires will be paid at a lower
wage saving the City money. Under the City's proposal, Dubuque police officers earn
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the highest wages in the first year than any other city in the comparability group. The
Union's proposal would only drop that ranking to 3rd. When the Department has only
retained 29% of new hires during the probationary period in the past 20 years, it would be
more reasonable to shift those moneys to experienced officers who have dedicated
themselves to the City.
i
According to the Union, across the comparability group police get paid higher
salaries than firefighters, and there are multiple reasons for this. Firefighters are rarely
victims of violence, with police officers being assaulted on a daily basis. Being "gunner
down" is becoming more and more frequent. Firefighters and police respond to many of
the same emergency calls, but firefighters return to their normal affairs after the injured
person has been transported to the hospital,the victim pronounced dead, or the accident
scene cleared. Police have to carry out the investigation, interview parents of a dead
infant, notify family of a loved one's death, and investigate the sexual assault of a
toddler.
When examining Dubuque Police Officers' pay in comparison to other similar
cities, Dubuque is lagging. In law enforcement, the only other public employees doing
like work are other law enforcement officers. The Union's proposal is not a"catch up"
proposal; rather, it is a"keep pace"proposal. Since 2007, all of the other cities have
experienced far greater wage increases for top-step officers. On the average,Dubuque
police officers will earn$144,885 less in their career, although the Union concedes that
police officers' other benefits, such as vacation accrual, holidays and casual days, and
shared insurance premium costs are on par with the relevant bench-mark jurisdictions.
Still discussing external comparability, the Union points out that Dubuque
Firefighters' scale ranks 6th out of 11 cities,just$823 below the average. Dubuque
Patrol Offficers' scale ranks last out of 11 cities, or $5,883 below the average. The
Union's wage proposal would increase a Patrol Officers' scale to $66,665 per year,
earning a rank of 9th. This would result in the Dubuque Patrol Officers earning $2,053
more than Dubuque Firefighters, which is well below the average.
4. Average Wage Increases for the Bench-Mark Jurisdictions. The Union
further points out that the average wage increase across-the-board for FY 2016 for the
bench-mark jurisdiction cities is 2.47%, with the lowest being 1.84% for Urbandale and
the highest being 3.0% for Waterloo. The average wage increase across-the-board for
contracts settled this year(Iowa City, Urbandale, and West Des Moines(is 2.37%.
5. The Administration's Refusal to Recognize the Retention Problem. In the
Union's eyes, the City is refusing to recognize that the Department has a retention
problem. Retaining only 49% of police officers hired since 1995 is unacceptable.
Twelve veteran officers (not related to discipline or retirement)have left the Department
in the last 2 %2 years. Prior to Diestelmeier(the 12th in that group) leaving, the average
years of service for those leaving was eight (8) years. That burden falls on the officers
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that have remained with the Department, by running short, currently 11 officers (5
vacancies, 3 in the academy, and 3 in the FTO program). The burden is compounded by
nonstop training of new officers. An officer serving as an FTO is not nearly as efficient
as a solo veteran officer. Since 2010, 35 new officers (not counting the three current
officers)have been placed in the FTO program and 31%have washed out.
The Union maintains that not only does the vast turnover rate impact police
officers still employed with the Department, it causes a negative impact on public service
to the community. With the Department unable to reach maximum staffing levels and the
continued loss of experienced police officers, it is unreasonable to believe that the
Department is providing the best services possible.
In further support for its wage proposal, the Police Officers point out that 87% of
the Firefighters hired by the City are still employed today. Last year only 85 applicants
took the Civil Service Entrance Exam for the Police Department, followed by only 74
this year. These numbers are far below the averages of the past decade and greatly
reduced from decades prior, when testing numbers were in the hundreds. As stated by
Arbitrator Terry D. Loeschen in an arbitration between Woodbury County and the CWA,
Local 7013 (2010):
Generally, the type of showing necessary to impose a change on an unwilling
party is one of compelling or unique circumstances which mandate that change.
An example of such circumstances would be documented inability of an employer
to retain staff or to hire new staff.
When examining the City's attempt to maintain the same wage schedule between
police and fire, it is the opinion of the Police Officers that this is not a case of being"fair"
but a successful strategy of minimizing police wages. In the words of Union Counsel:
"We don't believe 67 police officers being paid at the same rate as 22 firefighters as
being `fair,' when the vast majority of fire personnel are in promoted positions earning
higher wages than the vast majority of police officers." In the Union's view, its proposal
will not only provide incentive for veteran officers to remand employed with the
Department, it will make the Department more competitive with the other Departments
with respect to recruiting efforts.
6. The Union's Proposal for a New Step is Not a New Concept in
Negotiations. The union points out that this is the fourth contract negotiation in a row
where a new step has been proposed. To this end past negotiating committees for the
DPPA also proposed adding a new step around the turn of the century (per Captain
Stecklein). The City has refused to negotiate the changes to the wage scale matrix, no
matter the percentage increase or the years of service where the step would fall into place.
The Union's ability to negotiate for wage increases to not only keep pace with or even
attempt to be competitive with the comparability group has been nori existent,for the
City refuses to negotiate an increase greater than one agreed to be any other unit in
7
Dubuque. As stated by Randy Peck in the arbitration hearing between the City and the
Dubuque Firefighters on June 11, 2015:
We have assumed the bargaining unit that arrived at the first negotiated settlement
that we would not enter into a voluntary agreement with any other bargaining unit
that significantly deviated from the first voluntary agreement.
7. Summary. Since 1984, the Union has not received a voluntary increase
greater than that of any other unit in the City, except in FY 12 when the DPPA received
in an arbitration award of a 2.0%across-the-board increase and longevity schedule to
mirror that of the firefighters. The following two years the City would not agree to an
increase matching that of the other units (2.5% and 2.5%) to recoup the 2.0%o awarded in
FY 12. In short, if a bus driver, mechanic, engineer, or firefighter voluntarily settles for a j
certain percentage increase,the DPPA no longer has the ability to negotiate, even if the
proposal is a,"wash," as is the case in this years' DPPA proposal. In the Union's view,
the City refuses to recognize that the other units have wage scales that are competitive
with the external comparative bench-mark jurisdictions, unlike the police officers.
Additionally, the positions within the City such as City Manager, City Attorney, Police
Chief, and Fire Chief are compensated at rates higher or on par with others in like cities.
The retention numbers clearly show that many employees in the Department have opted
for work at other cities, whether private or public sector. As stated by the late Arbitrator
Richard Pegnetter (and former University of Iowa Business Administration Professor) in
an arbitration between the City of Dubuque and the DPPA, dated September 23, 2011:
The importance of internal wage comparisons that do not reflect similar working
conditions and duties is not as significant as comparisons with similar job titles in
similar cities. Internal comparisons might gain some relevance and importance if
the employer is seriously struggling financially to meet all employee
compensation needs in general.
Such is not the case here,the Union argues, for the DPPA's proposal costs less
than the City's proposal. Additionally, the City added funds to its budget by partnering
with the DRA to cut Dubuque Police Officers' overtime earnings at the Mystique Casino
by $130,000/year, which significantly impacts the Union.
Based on the statutory criteria for arbitration, the Union asserts that it has shown
compelling reasons to deviate from the status quo wage scale matrix.
III. POSITION OF THE CITY OF DUBUQUE
The City's position on wages (presented on May 20, 2015) is as follows:
Article XXV—Wage Plan
8
Effective July 1, 2015 through June 30, 2016,the wage plan in effect on June 30,
2015, shall be increased by 2.25% across-the-board.
All other language of this article shall remain the same.
In support of its Final Offer of 2%z percent across-the-board, the City advances the
following arguments:
1. The City's final offer—a 2.25% across-the-board base wage increase,
effective July 1, 2015 (an increase in total compensation of 2.46%)—is identical to the
wage increase to be received by employees represented by the Teamsters Union(IBT),
the Firefighters Association, Transit Union and Operating Engineers Union in Fiscal Year
2016 (FY 2016). In the City's view, its offer affords equality of treatment for employees
who are "similarly situated." Employees represented by these Unions will receive a
2.25% across-the-board base wage increase effective July 1, 2015. On July 1, 2015,
employees represented by the IBT will receive a 2.1% across-the-board wage increase
and an additional holiday for part-time bus operators, which will provide a 2.25%
increase in compensation in FY 2016.
2. The City's proposal will maintain the historical wage relationship of
providing identical maximum rates for the positions of Patrol Officer and Firefighter. In
the City's view, the Association's wage proposal—an actual increase in compensation of
2.62% --would destroy this wage relationship. According to the City, the Association's
proposal will provide 29 police officers an annual increase in compensation of at least
$2,797. Fourth-three (43)police officer or over half of the bargaining unit will receive
no wage increase if FY 2016. The Union's proposal will result in unequal treatment of
employees represented by this bargaining unit. In contrast,the Administration's proposal
of 2.25% across-the-board base wage increase will ensure that the bargaining unit is
treated fairly.
3. When comparing wage rates of Police Officers in other Iowa cities,
Dubuque's rates are one of the highest. Here, the City points out that the number of pay
steps and length of service requirements to reach the maximum base rate for police
officer and corporal has been in effect for over 40 years (CX 7 & 8). All voluntarily
settlements and all arbitration awards have maintained the same number of pay steps and
length of service requirements to reach the maximum base rate of pay. Such a dramatic
change in the pay plan arrangement or "breaking new ground"needs to be addressed at
the bargaining table, argues Management. The City pays the minimum rate and the
highest rate after 2.5 years and has one of the highest rates after 10 and 25 years of thiose
cities in the bench-mark jurisdiction group (CX 15). In addition, Dubuque has the
shortest length of service requirement (2.5 years) to reach the maximum rate of pay,
which means that combined with the high starting rate, police officers in Dubuque
receive their money "up front." The rate of pay in Dubuque is higher than the average
minimum rate of pay and the average rate of pay after 2.5, 10 and 25 years.
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4. Employees represented by this bargaining unit receive a level of benefits i
that are more lucrative than the level of benefits received by police officers in other Iowa I
cities and the level of benefits received by other City of Dubuque employees.
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5. ' The City's wage proposal is higher than the average FY 2016 wage
increase for the other cities in the bench-marls jurisdiction group. The average wage
increase is 2.12% and the City's wage proposal provides for a 2.46% increase in
compensation. Indeed, only three other cities in the bench-marl,jurisdiction group have
the promotional rank-of corporal (CX 16). Dubuque has the second highest minimum
rate and the second highest rate after 1.5, 10 and 15 years of all the cities in the
comparison group. The maximum rate of pay for corporal after 25 years in Dubuque is
the second highest of the cities in the comparison group of cities. There is simply no
justification to increase the maximum rate of pay for the rank of corporal by 4.88%.
6. The wages received by employees covered by this bargaining unit have
exceeded the increase in inflation and the level of benefits provided to employees in this
bargaining unit have been enhanced over the years. Specifically, the CPI-U for April
2015 is—2.0% from April 20t4 (CX 5). Indeed,the annual rate of pay exceeds the
projected rate of pay for a police officer (Step F) based on the CPI-U by $10,999.82/year,
and the actual rate of pay exceeds the projected rate of pay for corporal (Step F)based on
the CPI-U by $15,502/year. Clear and simple, wages for the employees covered by this
bargaining unit have far exceeded the rate of inflation as measured by the CPI-U (which
generally overstates the actual rate of inflation).
7. With respect to a parity-type argument, or any argument that the Police
Officers should be paid more than the Firefighters, the City asserts that the parties'
bargaining history indicates that the Police Officers have, without exception, agreed to
maintain identical maximum base rates of pay for Police Officers and Firefighters.
8. Addressing the structure of the Association's proposal so the wage
package would be close to a 2.25% increase in FY 2016,the City notes that this number
is actually an increase in compensation of 2.62% in FY 2016. The amount of wage
increase for FY 2016 is a one-time occurrence. The increase is cost and compensation
related to the Union's proposal will continue to escalate in future years. The 2.62%
increase in FY 2016 will grow to a 2.94% increase in FY 2017 and 3.36%increase in FY
2018. In the City's view, the additional costs will not be offset by freezing the pay steps.
Moreover, in FY 2012, as a result of an Arbitrator's award, the Union received a
3.0% increase in wages, when all other City employees received a wage freeze. The
Association thus received an increase in compensation over the last four years of 9.0%.
All other City employees received an increase in compensation over the last four years of
8.0%. During this time period, the employee's contribution to the Iowa Public
Employees Retirement System increased by 1.4.5%, and the employee's contribution to
the Municipal Police and Fire Retirement System remains at 9.4%. The employee's
contribution to the Municipal Fire and Police Retirement System remained at 9.4%.
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Significantly, the employee's contribution to the Municipal Police and Fire Retirement
System remained at 9.4%. The employees' contribution to the Municipal Fire and Police
Retirement System has not increased since July 1, 2009.
9. There have been significant improvements in the level of benefits granted
to employees covered by this agreement, such as: The introduction of an educational
bonus plan(1971)(CX 11); Increases in uniform allowance (1976, 1981, 1986, 2005 and
2008); Sick leave (1976); Stand-by pay(2005); Introduction of shift premium pay
(1976), which is available to only three other employee groups in the City 9CX 12);
Improvements in the various leave provisions, such as funeral leave (1975, 1984, 1988,
and 2002), casual days (1975), sick leave (1987), holidays (1975 and 1976), and
vacations (1977, 1978 and 1999); Increases in compensation for performing the duties of
Field Training Officer(1995 and 1999); Increases in shift premium payment(1999 and
2001); And an improvement in the longevity pay plan in FY 2012. These improvements
have allowed employees of this bargaining unit to not only maintain a competitive salary
and benefit structure, but have significantly protected the employees from the impact of
inflation on discretionary income. As such, an increase in wages of 2.62%as proposed
by the Association is not warranted or justified.
10. Addressing the Union's retention argument, the City maintains that since
1986,there have been only twenty-eight (28) employees who have voluntarily quit their
employment with the City to accept employment elsewhere. One police officer also
transferred to the position of firefighter during this period. The average number of
applicants who tools the entrance examination for police officer over the last nine years is
110/year.
For the above reasons, the City requests that its final offer of 2.25% across-the-
board be awarded.
IV. DISCUSSION
A. Statutory Criteria, Iowa Code X20.22 (9)
Under Iowa Code Section 20.22, the parties are to submit their final offer on each
impasse item in dispute. Iowa Code Section 20.22(7) requires that, when making this
decision, the Arbitrator "shall consider, in addition to any other relevant factors," the
following factors:
a. Past collective bargaining contracts between the parties including the
bargaining that led up to such contracts.
b. Comparison of the wages, hours, and conditions of employment of the
involved public employees with those of other public employees doing comparable work,
giving consideration to factors peculiar to the area and classifications involved.
11
C. The interests and welfare of the public, the ability of the public employer
to finance economic adjustments and the effect of such adjustments on the normal
standard of services.
d. The power of the public employer to levy taxes and appropriate funds for
the conduct of its operations.
Moreover, Section 17.6 of the Act provides:
No collective bargaining agreement or arbitrator's decision shall be valid
overtime enforceable if its implementation would be inconsistent with any
statutory limitation on the public employer's funds, spending overtime budget, or
would substantially impair or limit the performance of any statutory duty by the
public employer.
Further, Iowa PERB Rule 621-7-5(6) states: "The arbitration hearing shall be
limited to those factors listed in Iowa Code Section 20.22 and such other relevant factors
as may enable the arbitrator or arbitration panel to select the fact finder's
recommendation (if fact finding has taken place) or the final offer of either party for each
impasse item." I
It is mandated by the legislature that the arbitrators consider each of the factors of
Section 20.22(9) when rendering an award. The weight to be accorded each factor is left
to the panel to determine under the circumstances of each case. Moravia Community
School Dist. v. Moravia Educ, Assn, 460 N.W.2d 172,180 (IA Ct. App,1990). See also,
Maquoketa Valley Community School District v. Maquoketa Valley Education
Association,279 N.W.2d 510, 513 (Iowa, 1979)(requiring an interest arbitrator to select
final offers on each impasse item"in Coto,"with the term"impasse item"being defined as
a Section 20.9 subject of bargaining).
There is no dispute that the jurisdiction of an arbitrator in a"final-offer" Iowa
arbitration is limited to selecting either the final position of the Public Employer or the
entire final position of the Employee Organization. Thus, an arbitrator does not have
discretion to award part of either party's positions. See,Maquoketa Valley Community
School Dist. v. Maquoketa Valley Ed. Ass'n, 279 N.W.2d 510 (Iowa 1979). Additionally,
an arbitrator shall not vary from the presented final positions,even on language issues.
Clear and simple,Iowa Code Section 20.22(11) requires the arbitrator to select the
most reasonable offer on each impasse item applying the statutory criteria.
Unfortunate (or not), there is no Solomon-like "splitting of the child." 2 Therefore,
For the record,this award is issued with due regard and application for all of the cited statutory criteria.
2 Cf 1 Kings 3,24-27. "And the king said, `Bring me a sword.' When they brought the king a sword,he
gave this order,`Divide the child in two and give half to one,and half to the other.' Then the woman whose son was
alive said to the king out of pity for her son,`Oh,my lord,give her the living child but spare its life.' The other
woman,however,said,`It shall be neither mine nor yours. Divide it.' Then the king spoke, `Give the living child to
the first woman and spare its life. She is the mother."'
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with respect to wages, the undersigned is to select the City's final offer in total or the
Union's final offer. As noted, the award must be made with due consideration given to
the statutory criteria and be the more reasonable offer consistent with the statutory
criteria mandate by law. See, Delaware County &AFSCME Council 61, Local 1835,
Supplemental Arbitration Award, CEO #200/2 (Loeschen, 2012)(awarding the Union's
final offer on insurance, noting that an arbitrator is without power to split the difference).
Furthermore, and especially relevant in this case,"It is well settled that
where one or the other of the parties seeks to obtain a substantial departure from
the party's status quo, an "extra burden" must be met. Additionally,where one
party seeks to implement entirely new benefits or procedures (as opposed to merely
increasing or decreasing existing benefits at a de minimis level) or to markedly
change the product of previous negotiations, the onus is on the party seeking the
change." See, e.g., Village of Maryville and Illinois Fraternal Order of Police, Case S-
MA-10-228 (Hill, 2011). As stated by Arbitrator James Cox in Village of Broadview and
FOP, ILRB Case No. S-MA-06-145 (Cox, 2007)("Village of Broadview"), arbitrators
have held that:
In addition to compelling need and evidence of a quid pro quo,the moving party
must offer evidence of repeated good faith attempts at the bargaining table to
secure agreement from the other side. `The party seeking the change has the
burden of showing not only a clear justification for the proposal but also that it
was unable, despite repeated attempts, to obtain relief at the bargaining table. '
Village of Elk Grove, at pp. 67-68. If the collective bargaining process is to be
protected, evidence of the parties' negotiations must be examined. Without such
evidence, there is danger to the bargaining process if a change to the status quo
were granted. . .A change to the status quo should not be granted when the
moving party conveys a proposal late in the bargaining process...Only after the
moving party is able to carry the burden of compelling need, quid pro quo, and
exhaustive, good faith collective bargaining, should external and internal
comparability and other Section 14 factors be examined by an arbitrator."
Village of Broadview, supra, at 3-4 (emphasis supplied)
While the above principles have been articulated by numerous arbitrators
hearing cases in Illinois (see citations), arbitrators operating under the Iowa statute
have applied the same criteria. See, e.g., City of West Des Moines &IBT 238 (Perry,
20 1 0)(stating, "while not necessarily revolutionary [a two-tiered insurance proposal for
new employees], this proposal is a substantial departure from the way health insurance
has been bargained here in the past. I am not persuaded that the Union has had the full
opportunity to evaluate this approach or these plans. * * * I am not convinced that
the parties are unable to bargain some substantial changes to be achieved between these
parties [that] would be far preferable to one imposed by the City or this Arbitrator.");
City of Clinton, IA & Clinton Police Department Bargaining Unit, PERB Case CEO
#162/3 (Miller, 2006)(rejecting the employer's plea for a change in insurance benefits,
observing: "Interest fact-finding and arbitration often confronts neutrals with resolving
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demands that represent innovative and/or significant structural changes to an agreement
previously negotiated by the parties. Such situations should be approached with extreme
caution. Accepting such demands too readily may well result in establishing a new or
substantially modified agreement provision that the party seeking change would not have
been able to achieve in a face-to-face negotiations. Such a result is contrary to the
fundamental objective of fact finding and interest arbitration. The evidence and
arguments by the party seeking change should be compelling. In addition, since the
proposal significant change surfaces in negotiations, there must be an equitable quid pro
quo for some other concession, with the evidence in support of the change showing what
the parties would have deemed to be an appropriate compromise or trade-off. Absent
such strong evidence in support of innovate or significant structural change, demands of
this nature should ordinarily be rejected by neutrals and left to the parties to resolve in
future rounds of collective bargaining negotiations." Miller at 7); City of Cherokee, L4
&IUOE, Local 234 (Yaeger, 2006)(declining to recommend changing the status quo,
reasoning: "another important factor to be considered when a party is proposing a
significant change in the negotiated status quo of a fringe benefit is whether the
proponent of the change has shown that a legitimate problem exists which requires
attention, that its proposal reasonably addresses the problem, and that the proponent of
the change has offered an appropriate quid pro quo in return the agreement to the
change." Yaeger at 23); Dubuque County &Dubuque County Deputy Sheriff's
Association(Loeschen, 2008)("Many arbitrators in Iowa have expressed the view in
interest arbitration cases, with impasse items which exclusively address contract language
or which represent a radical change in long-standing contractual arrangements, that as a
general premise, the changes sought are better made by the parties themselves during the
`give and take' of the collective bargaining process. An often stated rationale for this
premise is because in collective bargaining negotiations there are frequently both give
and take compromises in other contract areas to which the arbitrator is not privy. This is
the so-called quid pro quo which is not apparent in the present case." Loeschen at 8).
B. Decision and Analysis
Applying the above authority, I hold that the City makes the better case and,
accordingly, award its final offer of a 2.25% across-the-board wage increase for the
one-year successor collective bargaining agreement. In support of this award,the
following considerations are offered:
1. The parties' Bargaining History Favors the City's Final Offer.
Management asserts that in any discussion regarding the parties'bargaining history(and
factors peculiar to the City of Dubuque) it is important to point out that there has existed
for overforty (40)years a practice of maintaining identical maximum rates of pay for the
positions of Police Officer and Firefighter (CX 26, 27, 28, 29 &30). As argued by Mr.
Peck: "All voluntary settlements and almost all arbitration awards have maintained
identical maximum wage rates for police officer and firefighter. The Association is now
attempting to abandon the wage relationship that have sought to maintain. The
Association has not presented a compelling reason to deviate from this historic wage
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relationship." The fact that the Administration's across-the-board wage proposal
maintains a historical relationship between police officer and firefighter favors its final
offer.
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2. Comparability Data Supports the Administration's Final Offer. As noted,
the parties are not in agreement with respect to the relevant bench-mark jurisdictions.
Arbitrator Herbert Berman, in City of Peru &IFOP, S-MA-93-153 (1995) provided an
analysis of selecting comparables and declared:
Geographic proximity and comparable population are the primary factors
used to determine comparability. But these factors only establish the baseline
from which comparisons may be drawn. When dealing with a fairly small city
like Peru, the proximity of cities of similar population is obviously important; but
it is not the sole critical factor. An adjacent city may draw largely from the same
general labor market, but the nature of the work performed by the alleged
comparable employees as well as bench-mark economic considerations may
preclude its consideration for purpose of comparison. At some point, distance
may foreclose consideration. Where that point lies is conjectural and might
require a detailed study of the labor market and other economic and demographic
factors. Without an expert study of hard data derived from reasonable
hypotheses, an arbitrator must rely on the limited data available, his experience
and his ability to make reasonable inferences and reach reasonable conclusions.
As I noted in City of Springfield&IAFF, Local 37, S-MA-18 (Berman, 1987), at
26, "[d]etermining comparability is not an exact science." Or as Arbitrator Edwin
Benn wrote in Village of Streamwood&Laborers Int'l Union, Local 1002, S-
MA-89-89 (Benn, 1989), at 21-22:
The notion that two municipalities can be so similar(or dissimilar) in all
respects that definitive conclusions can be drawn tilts more toward
hope than reality. The best we can hope for is to get a general picture of
the existing market by examining a number of surrounding communities.
In addition to population and proximity, critical factors are the number of
bargaining-unit employees,tax base,tax burden, current and projected
expenditures, and the financial condition of the community upon which the
government must rely in order to raise taxes. Berman at 9-10.
Arbitrator Lisa Kohn, in City of Aurora &Aurora Firefighters Union, Local 99,
S-MA-95-44 (1995) summarized the thinking of the arbitral community on comparability
as follows:
Thus, in selecting a comparability group, the arbitration panel should look
to "those features which form a financial and geographic core from which a
neutral can conclude that the terms and conditions of employment in the group
having similar core features represent a measure of the marketplace." The
features often accepted are population of the community, size of the bargaining'
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unit, geographic proximity, and similarity of revenue and its sources. Kohn at 7
(emphasis mine).
Arbitrator Charles Fischbach, in City of Du Quoin &IL FOP (2008), S-MA-04- .
075, observed that"external comparability is a crucial factor in interest arbitration
because it often receives the most attention from the parties." Fischbach at 23. I submit
that the attention is often disproportional to its importance in selecting final offers.
Especially relevant is the fact that arbitrators give greater weight to internal
comparability vis-a-vis external comparability when health insurance is at issue.
See, e.g.,Elk Grove Village & Metropolitan Alliance of Police (AMP)(Goldstein,
1996)(concluding: "the factor of internal comparability alone required selection of the
Village's insurance proposal." Goldstein observes that arbitrators "have uniformly
recognized the need for uniformity in administration of health insurance benefits."); See
also, Loess Hill Area Education Agency No. 13 & Loess Hills AEA No. 13 Education
Association, PERB CEO 42711 (Gallagher, 2008)("Regarding the Agency's argument
that internal comparables should be more compelling on the insurance issue, this
Arbitrator generally agrees." Gallagher at 13. Arbitrator Gallagher further notes:
"significant changes in benefits should be bargained for and agreed to in the give-and-
take of negotiations." Id at 14); Winneshiek County & UE Local 869 (Roads Unit),
PERB CEO #463/2 (Feuille, 2008)(selecting County's insurance proposal providing no
contribution for dependant health insurance, reasoning that internal comparables indicate
"the County had not ever contributed toward the cost of dependant insurance for any of
its employees." Feuille at 22); Dubuque Community School District&Dubuque
Education Association (Thompson, 2011)(rejecting employer's proposal for greater
contribution, reasoning: "The Arbitrator is reluctant to change the insurance based upon
internal comparability, especially given the fact that other employees receive 75%, not
the 71%noted in the Employer's arbitration position." Thompson at 12); AFSCME
Council 61 & City of Cedar Rapids, IA, PERB CEO #113/2 (T. Gallagher, 2010)("the use
of external comparisons when determining health insurance issues has diminished
relevance because of variations from city to city in health insurance plan benefits and in
wages and other forms of direct and indirect compensation." Gallagher at 17); City of
Iowa City, IA &Police Labor Organization of Iowa City, PERB CEO 4338(Jacobs,
2011)("Finally, as many arbitrators have noted, health insurance is uniquely specific to
each public employer. It may not be completely accurate to compare `costs' without
comparing the plan themselves along with a variety of other factors in comparing them.
This is why internal consistency is generally the most important factor for such a fringe
benefit because of the unique history of each such plan may have and how it may have
changed over time with differing concessions, bargaining history and negotiated changes
in exchange for other things across jurisdictional lines." Jacobs at 10; emphasis mine).
Similar to my holding in Town of Normal&IAFF 2442 (2007), applying the
above principles, and conceding that"this analysis is anything but an exact science," I
find the Employer's comparability analysis with respect to the fourteen(14) bench-mark
jurisdictions (and numbers) more on point than the Union's assertions.
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There is no serious dispute that the goal in determining comparables is to
select similar units within the "local labor market." Macoupin County Health
Department and AFSCME, Local 3176, ILRB Case No. S-MA-08-103 at 15 (Hill Arb.)
(2008). "The features often accepted are population of the community, size of the
bargaining unit, geographic proximity, and similarity of revenue and its sources." (Id. at
16-17, quoting City of Aurora &Aurora Firefighters Union, Local 99, ILRB Case No.
S-MA-95-44 (Kohn Arb.) (1995). Relevant data typically includes:
population;
department size;
total number of employees;
number of bargaining unit members;
income levels;
sales tax revenues;
EAV (Equal Assessed Valuation);
general fund revenues; and
geographic location.
See, Edward Benn,A Practical Approach to Selecting Comparable Communities
in Interest Arbitrations under the Illinois Pubic Labor Relations Act, 15,No. 4 Illinois
Public Employee Relations Report 1, 2 (Autumn 1998); City of Alton and Policemen's
Benevolent and Protective Association, Unit 14, ILRB Case No. S-MA-02-231 (Kossoff
Arb.) (2003); Village of Oak Brook and Teamsters Local Union No. 714, ILRB Case No.
S-MA-96-242 (Kossoff Arb.) (1998). When selecting the comparable jurisdictions,
arbitrators most commonly apply a comparability range of plus or minus fifty percent(±
50%) to the various criteria. City of Alton at 7-8, 16. Aside from the fact that the City
has used this grouping for 16 years, i.e., cities between a population of 20,000 and
60,000, places a relatively tight band for comparative purposes, certainly consistent with
a criterion of plus or minus 50 percent, the so-called"industry standard."
With respect to the internal comparability criterion, I note for the record that the
City's final offer not only maintains identical maximum wage rates between the positions
of Police Officer and Firefighter, it is also consistent with increases in compensation to
be received by all other bargaining-unit employees (Firefighters, Operating Engineers,
Teamsters, and (to a lesser extent) Transit Employees) 3 in FY 2016. 1 find no
compelling reason advanced by the police officers for unsetting the historical relationship
between the units, including similar across-the-board increases.
Addressing external criteria, I note that only three (3) other cities in the relevant
bench-mark jurisdiction group have the promotional rank of Corporal (CX 16). Indeed,
the maximum rate of pay for a corporal after 25 years of service in Dubuque is the second
highest of the cities in the comparison group. This works in favor of the Administration's
3 According to Management, the Transit Employees Union will receive a 2.1%across-the-board wage
increase and an additional holiday for part-time employees,which will provide a 2.25%increase in compensation for
FY 2016, Management Hearing Brief at 27-28,
17
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argument that an increase of the maximum rate of pay for a Corporal at 4.88% is not
justified by the evidence record.
More importantly, an across-the-board increase of 2.25% (2.4%total increase in
compensation) is more than competitive relative to the bench-mark jurisdictions cited by
the City. Only Ames (2.50%), Cedar Falls (2.3%), and Marshalltown (2.50%) exceed the
Administration's wage offer for Dubuque (See, CX 25). Indeed, six (6) of the fourteen
(14) comparables in the Employer's comparability group settled at numbers less than
2.25% (CX 25). The average wage increase is 2.12% (CX 25). Again, the
Administration's position is favored by the evidence record.
3. The Union's "Turnover" Argument is Not Compelling. The Police
Officers have advanced the argument that its wage proposal (adding two steps) will
somehow solve the high turnover problem at Dubuque. I am allowed to take judicial
notice of all things known to reasonable people. See, Hill & Sinicropi, Evidence in
Arbitration 28- 31 (BNA Books, 1987)(2d edition)(discussing judicial notice)("It is
generally conceded that the concept of judicial notice applies in full force in the arbitral
forum."). It is not at all apparent to me that the turnover experienced in Dubuque is
fueled (or can be cured) by higher salaries. Indeed, national studies indicate that
numerous factors account for police officers leaving the profession, including an
opportunity to obtain better retirement, advancement in a profession, or a more
challenging position. Other reasons include: Frustration with the department
management structure or its leadership style, administrative and personnel policies,
schedule issues, and overall frustration with the criminal justice system or corrections
policies. Job stress, family pressures and workload are also important factors in malting a
decision to exit the profession. Notwithstanding the above, it may indeed be the case that
police officers in general are re-thinking a profession that more and more is characterized
by getting shot at by the very public it is sworn to defend. Bottom line: The evidence
record is insufficient to conclude that the Union's step.proposal will have the effect it
asserts regarding turnover.
4. The Union's Proposal "Freezes Out" a Significant Part of the Bargaining
Unit, A Position Clearly Politically Unacceptable to the Administration. While not
dispositive of the issue, a major consideration in the resolution of this case is this:
Acceptance of the Union's final offer will result in a significant number of police
officers not receiving any wage increase. At the hearing both parties asserted that the
number of police officers not receiving a wage increase was somewhere between 43 and
46. See, Management Brief at 6; DPPA Brief discussing "Costing." In a post-hearing
email, the Police Officers asked to correct their presentation, noting: "I need to make a
correction to the DPPA's presentation in reference to the number of officers who will not
experience abase wage increase in FYI 6. In paragraph 2 of the "Costing" page, I had
noted 46 officers would not experience an increase. I forgot to account for the 9
corporals who would receive a 2.25% wage increase. This would change this number to
37 who would not receive a raise. This number was also noted in paragraph 2 of the
"Closing Argument." Even assuming authority to correct a party's presentation after the
record is closed, the City's declaration that it was not feasible to voluntarily conclude an
18
agreement where 46 officers would not get a raise is well taken. It is one thing for a
Union to propose a contract that creates new steps in the salary structure. It is quite
another when the Union is requesting a contractual provision that would mandate a salary
freeze for a significant number of police officers, in this case either 46 or 37. On all
counts, the Union's wage offer is difficult to award given its effect on a large portion of
the bargaining unit. Clearly, one can understand why this aspect of the Union's offer was
politically unacceptable to the City.
5. A Recently Awarded Longevity Step Favors the Administration's Wage
Offer. As pointed out by the Administration, employees represented by the Association
and the Firefighters' Association now receive the most lucrative benefit of all City
employees (See, CX 6). Prior to the FY 2012 arbitration award, the Association received
the following longevity benefit:
Years of Service Percent of Base Wage
6 1%
12 2%
18 3%
24 4%
30 4%
For FY 2012 the Arbitrator awarded an enhanced longevity pay plan that provided
additional wage increases based on length of service. The new longevity plan is as
follows:
Years of Service Percent of Base Wage
5 1%
10 2%
15 3%
20 4%
25 7%
Significantly, at the high end (25 years) the Union received a favorable bump
(going from 30 to 25 years to max out) and a favorable percentage increase (from 4%to
7%). The longevity benefit—recently upgraded through the arbitration process—favors
the City's position that any proposal to provide additional compensation based on length
of service, such as the present proposal to add two steps, has already been addressed in an
arbitration that favored the Police Officers. When other contractual benefits are
considered (such as the educational bonus, shift premium payments, vacation days, and
the low percentage of pension �9.4%, which has not increased since 2009) and health
insurance contributions (10%) mandated), I find that the Unit is not at a competitive
4 In FY 2006,the Association agreed to pay 10%of health insurance premiums in exchange for an additional
2.4%wage increase,which(the Administration points out)"more than offset the cost of the employee's contribution to
the health insurance premium. The total wage increase in FY 2006 was 5,4%,not insignificant given the recessionary
19
9
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disadvantage. Given that this unit has received 9.0% over the last four(4)years, while
other City employees received 8.0%, fares well for both the Unit and the Administration.
f
For the above reasons,the following award is issued:
V. AWARD
The final offer of the City is awarded.
i
Dated this 6th day of June, 2015
at DeKalb, Illinois, 60115.
Marvin Hill
Arbitrator
impact of 2008(still being felt in numerous sectors of government). Currently, 10%is at the low end in numerous
cities. Many have moved to 15%and higher(including increased co-pays and deductibles).
20
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CERTIFICATE OF SERVICE
I certify that on June 6, 2015, I served two signed copies of the above Opinion and
Award upon each party's representative to this matter by mailing a copy to them at their
respective address as shown below:
Randy Peck
Personnel Manager
City's Manager's Office, City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
citypers@cityofdubuque.org
Officer Kurt Rosenthal
770 Iowa Street
Dubuque Police Protective Association
Dubuque, Iowa 52001
krosenthal @cityofdubuque.org
I further certify that on June 6, 2015, I submitted a signed copy of this Opinion and
Award for filing by mailing it to the Iowa Public Employment Relations Board, 510 East
12t Street, Ste 1B, Des M ines, Iowa, 50319.
1
Marvin Hill, Jr.
Arbitrator
21
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, ,
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AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE POLICE PROTECTIVE ASSOCIATION
JULY 1, 2015 - JUNE 30, 2016
PREAMBLE
This Agreement is made and entered into this first day of July, 2015, by and between
the City of Dubuque, Iowa (hereafter called the City) and the Dubuque Police Protective
Association (hereafter called the Association) and between the City and the Association
on behalf of the employees in the Bargaining Unit, recognized and described under the
Recognition Article of this Agreement.
i
DUBUQUE POLICE PROTECTIVE ASSOCIATION CONTRACT
TABLE OF CONTENTS
PREAMBLE
TABLE OF CONTENTS
ARTICLE I RECOGNITION 1
ARTICLE II GENERAL CONDITIONS 1
ARTICLE III NO STRIKE CLAUSE 2
ARTICLE IV ASSOCIATION REPRESENTATIVES 3
ARTICLE V ASSOCIATION NEGOTIATING COMMITTEE 3
ARTICLE VI BULLETIN BOARDS 3
ARTICLE VII UNIFORMS AND EQUIPMENT 4
ARTICLE VIII PAYDAY 4
ARTICLE IX FUNERAL LEAVE 5
ARTICLE X LEAVES OF ABSENCE 6
ARTICLE XI SICK LEAVE 7
ARTICLE XII PREGNANCY LEAVE 9
ARTICLE XIII SENIORITY 10
ARTICLE XIV CASUAL DAY 11
ARTICLE XV VACATIONS 13
ARTICLE XVI HOLIDAYS 14
ARTICLE XVII LONGEVITY 16
ARTICLE XVIII EDUCATIONAL BONUS PLAN 16
ARTICLE XIX OVERTIME 18
ARTICLE XX SHIFT PREMIUM 19
ARTICLE XXI GROUP INSURANCE 19
ARTICLE XXII CALL BACK 21
ARTICLE XVIII WORK BREAKS 22
ARTICLE XXIV GRIEVANCE PROCEDURE 22
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ARTICLE XXV WAGE PLAN 26
ARTICLE XXVI NONDISCRIMINATION 27
ARTICLE )(XVII FAIR SHARE FEES 27
ARTICLE )(XVIII SAVINGS CLAUSE 28
ARTICLE XXIX DURATION AND NEGOTIATIONS 28
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ARTICLE I
RECOGNITION
The City recognizes the Dubuque Police Protective Association, certified by the Public
Employment Relations Board in Case #452 (December 1, 1975) and as amended in
Case #3317 (March 15, 1989) as the exclusive bargaining representative for the
employees of the City of Dubuque in the following classifications: Patrol Officer, Master
Patrol Officer, Corporal, Detective, Identification Officer and Sergeant.
ARTICLE II
GENERAL CONDITIONS
A. Public Employer Rights
Public employers shall have, in addition to all powers, duties and rights
established by constitutional provision, statute, ordinance, charter or special act,
the exclusive power, duty and the right to:
1. Direct the work of its public employees.
2. Hire, promote, demote, transfer, assign and retain public employees in
positions within the public agency.
3. Suspend or discharge public employees for proper cause.
4. Maintain the efficiency of governmental operations.
5. Relieve public employees from duties because of lack of work or for other
legitimate reasons.
6. Determine and implement methods, means, assignments and personnel
by which the public employer's operations are to be conducted.
7. Take such actions as may be necessary to carry out the mission of the
public employer.
Initiate, prepare, certify and administer its budget.
1
B. Public Employee Rights
Public employees shall have the right to:
1. Organize, form, join or assist any employee organization.
2. Negotiate collectively through representatives of their own choosing.
3. - Engage in other concerted activities for the purpose of collective bar-
gaining or other mutual aid or protection insofar as any such activity is not
prohibited by this Act or any other law of the State.
4. Refuse to join or participate in the activities of employee organizations,
including the payment of any dues, fees or assessment or service fees of
any type.
ARTICLE III
NO STRIKE CLAUSE
It shall be unlawful for any public employee or any employee organization directly or
indirectly, to induce, instigate, encourage, authorize, ratify or participate in a strike
against any public employer.
It shall be unlawful for any public employer to authorize, consent to or condone a strike;
or to pay or agree to pay any public employee for any day in which the employee
participates in a strike; or to pay any increase in compensation or benefits to any public
employee in response to or as a result of any strike or any act which violates the first
paragraph of this Article.
Any other provisions as stipulated in the Public Employment Relations Act, Chapter 20,
Code of Iowa, shall be applicable.
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ARTICLE IV
ASSOCIATION REPRESENTATIVES
The Association shall provide the City with a list of representatives by name, position
and area which each representative serves (if steward). Changes in this list shall be
furnished to the City promptly. The City need not recognize any Association
representative of whom it has not been informed. The City shall immediately recognize
a representative upon receipt of a written notice.
ARTICLE V
ASSOCIATION NEGOTIATING COMMITTEE
Members of the negotiating committee shall be paid their regular straight time pay when
they participate in negotiating meetings during their regularly scheduled work day. The
number of members eligible for payment shall be limited to four (4) and in no event shall
payment extend beyond the end of their regular work day.
ARTICLE VI
BULLETIN BOARDS
The employer agrees to furnish at least one (1) bulletin board in the Law Enforcement
Center to be used by the Association. The Association shall limit its posting of notices
and bulletins to said board.
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ARTICLE VII
UNIFORMS AND EQUIPMENT
Section 1
The City shall provide sworn police officers with the following equipment: hat shield,
badge, gunbelt and holster, cartridge carrier, service weapon, handcuffs and case and
safety eye glasses.
In addition, during the first year of service the City shall provide new officers with the
following items of the uniform: cap, two (2) long and two (2) short sleeve shirts, necktie,
jacket, two (2) pair of pants and rain gear.
Section 2
After the first year of service, employees in the classification of Patrol Officer, Detective
and Corporal, shall receive a five hundred and fifty dollar ($550) yearly cash allowance
for the maintenance and replacement of the uniform. Payments shall be made in the
amount of two hundred seventy-five dollars ($275) in December and two hundred
seventy-five dollars ($275) in June.
Section 3
Employees in the classification of Sergeant and Identification Officer shall receive a two
hundred and fifty dollar ($250) yearly cash allowance for the maintenance and
replacement of the uniform. Payments shall be made in the amount of one hundred and
twenty-five dollars ($125) in December and one hundred and twenty-five dollars ($125)
in June.
ARTICLE VIII
PAYDAY
Payday shall be every other Friday. If the payday is an observed holiday, the payday
shall be the day before the holiday.
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ARTICLE IX
FUNERAL LEAVE
All regular full time employees shall be granted upon request, time off with pay for such
periods of time as set forth below:
A. Death of an employee's spouse, child or step -child.
Seven (7) calendar days with a maximum of five (5) working days pay.
B. Death of other members of an employee's immediate family.
1. Relationships which are considered as members of the employee's family
are: mother, step -mother, father, step -father, legal guardian,
mother-in-law, father-in-law, sister, sister-in-law, brother, brother-in-law,
grandfather, grandmother and grandchild.
2. In the event the employee is. the person responsible for making
arrangements for the funeral and attending same, a period of time from
when death occurs until the day following the funeral, but not to exceed
three (3) scheduled working days with pay.
3. In the event the employee is not the person responsible for making
arrangements for the funeral, one (1) scheduled working day shall be
allowed to attend the funeral providing the funeral service falls on a
scheduled working day of the employee.
4. If the conditions under B3 are applicable and the employee is assigned to
any of the following shifts: 9:00 a.m. to 7:00 p.m., 3:00 p.m. to 1:00 a.m. or
7:00 p.m. to 5:00 a.m., said employee shall be allowed two (2) scheduled
working days off; namely the day before the funeral and the day of the
funeral, providing the funeral service falls on a scheduled working day of
the employee.
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C. Upon approval of the Police Chief, an employee shall be granted up to three (3)
additional work days to attend the funeral of his/her spouse, child, step -child or
other members of his/her immediate family as defined in Section B. Said leave
shall be deducted from the employee's compensatory time account.
Special Provision
It is recognized that a death of a person other than the relationship listed above could
warrant consideration for some paid funeral leave.
In this event the employee should make known the situation to the department
manager.
The department manager may exercise administrative approval consistent with the
intent of this funeral leave provision.
The department manager will document the administrative approval by written notice to
the Personnel Office.
ARTICLE X
LEAVE OF ABSENCE WITHOUT PAY
A leave of absence without pay may be granted by the City Manager upon the
recommendation of the department manager. An employee desiring a leave of absence
without pay shall submit a request in writing to the City Manager at least thirty (30)
calendar days in advance of when the leave is to begin. The request shall contain a
statement as to the reason(s) for the desired leave, the date when the leave is to begin,
and the date of return to duty. Denial of a request for a leave of absence without pay or
the reason(s) therefore shall not be a proper subject for the grievance procedure of this
Agreement or the appeal procedure set forth in Chapter 400, Code of Iowa. Failure to
return to work at the end of a leave shall constitute cause for dismissal. It is understood
that a leave of absence without pay shall not be used for the purpose of accepting
employment elsewhere. An employee accepting other employment shall be terminated.
An employee may be required to take a medical examination before being allowed to
return to work after a leave of absence without pay. An employee granted a leave of
absence without pay, upon completion of the leave, shall be returned to the same
position and the same pay step in the pay grade corresponding to the classification
occupied at the time the leave began. Except as provided in the Family and Medical
Leave Act of 1993, during a leave of absence without pay, the employee shall continue
to accrue seniority, but shall not accrue or receive any other privileges, benefits or pay
granted by this Agreement.
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ARTICLE XI
SICK LEAVE
Section 1
Employees shall accrue eight (8) hours of sick leave per month (3.6923 hours
biweekly). The term month, as used in this section, means a calendar month.
Section 2
Unused sick leave shall be accrued from year to year to a maximum of one thousand
(1000) hours.
Section 3
Sick leave shall be paid to employees at their regular base rate predicated on either an
eight (8) hour work day or a ten (10) hour work day, depending on whether the
employee is assigned to an eight (8) hour work day or a ten (10) hour work day.
Charges against accrued sick leave shall be made by deducting the hours paid from the
employee's accrued sick leave but it is understood that no sick leave shall be paid to an
employee on his/her regular day off.
Employees shall be granted sick leave with pay for illness or injury of members of the
employee's family (spouse, dependent children or stepchildren and parents or step-
parents). Up to forty-eight (48) hours per employee per fiscal year shall be granted for
this purpose.
Employees may use family sick leave when their spouse is hospitalized for the delivery
of their child. Family sick leave may also be used when an employee's spouse has
complications during pregnancy or after delivery or if the child needs special medical
attention. The use of sick leave for the purpose described in this paragraph is limited to
the number of sick days available for illness or injury to members of the employee's
immediate family as defined in this article.
Section 4
An employee who is on approved leave of absence due to an injury or illness shall
continue to accrue sick leave credit for a period not to exceed two (2) calendar months
following the month of injury or illness.
No sick leave shall be accrued during layoff due to curtailment of work when such layoff
extends beyond thirty (30) days.
No sick leave shall be accrued during a personal leave of absence when such personal
leave of absence extends beyond sixty (60) days.
Accrual of sick leave shall be terminated upon the employee's discharge, resignation,
retirement or death.
Section 5
An employee who is injured while employed by another employer or doing contract work
for pay on non -City work shall not be entitled to any sick leave payment.
Section 6
Upon retirement, employees shall be paid for fifty percent (50%) of all sick leave days
accrued during the last ten (10) continuous years of service prior to retirement, less all
sick leave used during the last ten (10) continuous years of service prior to retirement
and less 320 sick leave hours.
EXAMPLE
10 years of continuous service
x 96 sick leave hours accrued per year
960 sick leave hours
80 sick leave hours (sick leave used during last 10 continuous
_ (years of service)
880 sick leave hours
320 sick leave hours
560 sick leave hours
x 50%
280 sick leave hours x the regular rate of pay
In order to be eligible for such payment an employee shall have completed at least
twenty (20) years of continuous service in a full time position, or retired as a result of a
disability.
Effective January 1, 2013, all of Section 2 and Section 6 of this article will be replaced
with the following language:
Any unused portion of sick leave shall accumulate from fiscal year to fiscal
year to a maximum of 960 sick leave hours. Employees will be paid 100%
of accrued sick leave at retirement. Payment will be based on the
employee's regular (straight time/base) rate of pay at retirement. Payment
will be made bi-weekly over a five year period. In order for a retiring
employee to be eligible for such payment, he/she shall have completed
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twenty (20) years of continuous service in a full time position or retired as
a result of a disability and must be eligible for pension payments from the
Municipal Fire and Police Retirement System of Iowa Pension System
immediately upon retirement. In the event a retired employee dies before
all of the unused sick leave is paid, such payment will cease at the time of
the retired employee's death.
ARTICLE XII
PREGNANCY LEAVE
An employee's pregnancy, child birth or related medical condition is regarded as a
temporary disability. The commencement and duration of leave, availability of
extensions, accrual of seniority and other benefits and privileges, reinstatement, and
payment under the City's health insurance, disability insurance or sick leave plan, formal
or informal, shall be applied to a disability due to the employee's pregnancy, child birth
or related medical condition on the same terms and conditions as they are applied to
other temporary disabilities. Sick leave benefits, to the extent of an employee's
accumulated sick leave, shall be granted, if requested by the employee, for the period
that the employee is disabled because of the employee's pregnancy, child birth or
related medical condition. The employee may use other available paid leaves such as
vacation, compensatory time or casual day or a leave of absence without pay during the
period of temporary disability. A leave of absence without pay beyond the period of
temporary disability may be granted in accordance with Article XI, LEAVES OF
ABSENCE, of this Agreement. The employee is responsible for providing timely notice
of the period of leave requested. The City reserves the right to require that the
employee's disability resulting from pregnancy be verified by medical certification stating
that the employee is not able to reasonably perform the essential functions of her
position.
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ARTICLE XIII
SENIORITY
Section 1
If an employee has successfully completed training at the Iowa law enforcement
academy or another training facility certified by the director of the Iowa law enforcement
academy before the initial appointment as a patrol officer, the trial period shall be for a
period of nine (9) months and shall commence with the date of initial appointment as a
patrol officer. If an employee has not successfully completed training at the Iowa law
enforcement academy or another training facility certified by the director of the law
enforcement academy before initial appointment as a patrol officer, the trial period shall
commence with the date of initial employment as a patrol officer and shall continue for a
period of nine (9) months following the date of successful completion of training at the
Iowa law enforcement academy or another training facility certified by the director of the
Iowa law enforcement academy. A patrol officer transferring employment from one
jurisdiction to another shall be employed subject to a trial period of nine (9) months. An
employees' seniority shall be administered in accordance with Chapter 400, Code of
Iowa.
An employee may be laid off or discharged any time prior to the end of the trial period
and such discharge or lay off shall not be subject to the grievance procedure of the
Agreement or the appeal procedure set forth in Chapter 400, Code of Iowa. The
Association shall not assert or present any grievance or appeal on behalf of an
employee because of any matter or occurrence whatsoever falling within the trial period.
Section 2
For purposes of computing benefits, length of continuous service shall relate to an
employee's most recent date of employment in a full-time position. For purpose of this
Agreement, the term employee shall mean full-time employee.
Section 3
An employee's seniority and employment relationship with the City shall be broken and
terminated for the following reasons (this list is not inclusive):
■ Resignation
■ Discharge
■ Death
■ Retirement
■ Being laid off for a period of two (2) months without either being recalled to the
position the employee occupied at the time of the lay off or being appointed to
another position in the bargaining unit.
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■ If, after a lay off, the employee fails to report for work within five (5) work days
after the date the certified letter was mailed, notifying the employee to report for
work.
■ Failure to report to work after the termination of an authorized leave.
Section 4
An employee's seniority shall be used as the employee's basis twice a year in signing
up for shifts and days off. An employee's seniority shall be used as the employee's
basis for vacation choice signup only in the spring of the year during the traditional
vacation signup period. If an employee changes shift after the spring vacation signup
they will not be able to use seniority to negate a less senior employee from a vacation
selection already chosen on the employee's new shift.
The total strength of each shift, required reporting times of each shift and number and
types of days off allotted to each shift shall be determined by the Chief of Police in such
a manner as to provide the best possible police service.
Throughout the year, the City reserves the right to make shift assignments for efficient
and effective police service without regard to seniority.
Section 5
In the event of a change in shift assignment, other than a shift assignment change that
is the result of an emergency situation or is of an urgent nature, the affected
employee(s) shall be notified at least five (5) calendar days prior to the effective date of
the change and upon the request of the affected employee(s), shall also be provided
with a statement containing the reason(s) why the change is being made.
ARTICLE XIV
CASUAL DAY
A. Considerations
1. To afford an employee one (1) day with pay, not to be deducted from sick
leave accumulation, to be scheduled by his/her department manager.
2. Approving or disapproving the employee's requested date for this casual day
shall be at the sole discretion of the employee's department manager or
authorized representative.
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3. The employee's request for a specific day shall be given maximum con-
sideration consistent with the conditions set forth below under B, but final
approval is subject to (2) above and denial of the employee's requested date
is not a proper subject for a grievance.
4. Exception to (3) above would only be considered as a proper subject for a
grievance if the employee alleges that the requested date was disapproved
because of arbitrary, capricious or personal prejudice on the part of the
approving authority.
5. The Association recognizes that approval or disapproval of a specific day
must consider the efficient level of service due the general public.
B. Conditions
1. A new employee must have completed at least four (4) full calendar months
of the trial period before June 15th of each calendar year in order to be
eligible during the calendar year.
2. On January 15th of each year, or upon the completion of four (4) full calendar
months of his/her trial period as stipulated in (1) above, one (1) day will be
credited to each eligible officer's compensatory time account.
3. No employee may request a casual day as the day immediately preceding or
following the employee's scheduled vacation period. In the event an
emergency situation arises while an employee is on vacation, and such
employee has not used the casual day, upon written or telephone request the
vacation may be extended one (1) additional day by utilizing the casual day.
4. Under no circumstances shall pay be requested or approved in lieu of the
casual day off with pay.
5. Once a date has been approved for an employee as a casual day it may not
be rescheduled except under the most extenuating circumstances; however,
it is understood and agreed that the right to cancel and reschedule an
employee's casual day is reserved by the department manager or authorized
representative when such extenuating circumstances exist. A date may be
canceled and rescheduled by an employee under extenuating circumstances.
6. Employees assigned to a ten (10) hour work day shall receive ten hours of
pay for the casual day. Employees•assigned to an eight (8) hour work day
shall receive eight (8) hours for the casual day. The Association will not
attempt to negotiate an increase in the time off for a casual day from eight (8)
hours to ten (10) hours for employees assigned to an eight (8) hour work day.
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ARTICLE XV
VACATIONS
Section 1
After an employee has one (1) year or more seniority the employee shall be eligible to
receive two (2) weeks paid vacation at eighty (80) hours straight time pay in each
calendar year. After an employee has completed four (4) years or more seniority the
employee shall be eligible to receive three (3) weeks paid vacation at one hundred
twenty (120) hours straight time pay in each calendar year. After an employee has
completed eight (8) years or more seniority the employee shall be eligible to receive
four (4) weeks paid vacation at one hundred sixty (160) hours straight time pay in each
calendar year. After an employee has completed twenty-three (23) years or more
seniority the employee shall be eligible to receive five (5) weeks paid vacation at two
hundred (200) hours straight time pay in each calendar year.
Section 2
It is agreed that vacations are earned during the year of service preceding that in which
the vacation time is taken.
No vacation time shall be accrued during layoff due to lack of work when such layoff
exceeds thirty (30) days.
No vacation time shall be accrued during a personal leave of absence when such
personal leave of absence extends beyond sixty (60) days.
Section 3
The vacation anniversary date of an employee shall be the same as the seniority date of
the employee.
Earned vacations must be taken within the twelve (12) month period immediately
following the anniversary date of the vacation.
Vacation time is not accumulated from year to year; therefore under no circumstances
shall vacations be requested, scheduled or permitted to run consecutively.
There shall be no change from previous years in the manner or method of scheduling or
approving vacations.
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Section 4
An employee who is absent from work due to illness or injury for a period not to exceed
two (2) months shall continue to accrue vacation time.
Section 5
Employees who have six (6) months or more continuous employment and who are laid
off, resign or enter military service (provided the City is given two [2] weeks notice of
termination in the case of resignation or military leave of absence) shall receive vacation
pay prorated to the last day worked.
Section 6
Employees shall be given the opportunity to convert one (1) week (forty [40] hours) of
vacation to compensatory time. The conversion option shall be made available during
the period when vacations are scheduled. Employees may also convert sixteen (16)
holiday hours to compensatory time. The maximum accrual of compensatory time in
lieu of overtime pay shall be eighty (80) hours. The maximum accrual of compensatory
time of eighty (80) hours includes vacation hours (up to 40 hours) and holiday hours (up
to 16 hours) converted into compensatory time.
ARTICLE XVI
HOLIDAYS
Section 1
The following calendar days of the year shall be considered as holidays insofar
as the administration of City business is concerned. When the term "holiday" is used it
shall be construed to be the following days:
New Year's Day
Martin Luther King's Birthday
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve
January First
Third Monday in January
Last Monday in May
July Fourth
First Monday in September
November Eleventh
Fourth Thursday in November
Friday following Thanksgiving Day
December Twenty -Fourth
December Twenty -Fifth
December Thirty -First
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Section 2
An employee shall forfeit the right to payment for a holiday if scheduled to work the
holiday and does not report unless excused by the City for the following reasons:
A. Formal leave of absence.
B. Job incurred injury.
C. Funeral leave.
D. Subpoena as a witness.
E. Illness or injury of less than two (2) months duration with proper doctor's
documentation.
F. Excused absence approved in writing by and at the sole discretion of the Chief of
Police.
Section 3
Except as otherwise provided in this section, employees who are eligible for holiday pay
shall be paid eight (8) hours straight time pay for each holiday in lieu of time off. Eligible
employees shall have the option of receiving time off in lieu of holiday pay for two (2) of
the named holidays (16 hours). Time off in lieu of holiday pay shall be administered in
accordance with the procedure covering the use of compensatory time.
Section 4
For non -shift employees, when the holiday falls on Sunday, the following day shall be
declared a holiday for the employee. When the holiday falls on Saturday, the preceding
day shall be declared a holiday for the employee.
For shift employees, holidays shall be observed on the day of legal recognition by the
State of Iowa.
For shift employees, the holiday shall commence at 12:00 midnight the day of the
holiday and end at 11:59 p.m. the same day.
Employees shall receive one and one-half times the regular rate of pay for all hours
worked on the holiday.
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ARTICLE XVII
LONGEVITY
Section 1
Longevity payment shall represent a percentage of an employee's regular (straight time
or base) rate of pay based upon an employee's length of service in a full-time position.
Longevity payment shall represent compensation in addition to an employee's regular
(straight time or base) rate of pay.
Longevity payments shall be made each payday in accordance with the longevity pay
plan set forth in Section 2 of this Article.
Section 2
Longevity payments shall be made in accordance with the following schedule:
After five (5) years of continuous service
After ten (10) years of continuous service
After fifteen (15) years of continuous service
After twenty (20) years of continuous service
After twenty five (25) years of continuous service
Section 3
1% of regular rate of pay
2% of regular rate of pay
3% of regular rate of pay
4% of regular rate of pay
7% of regular rate of pay
Continuous service shall mean service with the City uninterrupted by resignation,
discharge or personal leave of absence without pay exceeding sixty (60) days in the
preceding twelve (12) months.
ARTICLE XVIII
EDUCATIONAL BONUS PLAN
Except as herein provided, in order to qualify for the Educational Bonus Plan, employees
must have completed sixty (60) semester hours of college -level course work at an
accredited university or college with a minimum of twelve (12) hours of course work in
professional law enforcement development.
A minimum of an overall grade of "C" will be required.
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Courses which are applicable within the twelve (12) required in professional Law
Enforcement Development Courses are those which lead directly to the enhancement of
the officer's performance of his/her duty as a Police Officer. Such courses are exemplified
by the partial listing which follows:
A. Law Enforcement, Police Administration, Criminal Law, Juvenile Delinquency,
Correctional Philosophy and other core Police Science courses.
B. Interviewing as related to Law Enforcement, Traffic Administration, Criminal
Investigation, Police -Community Relations, Criminal Procedures and Evidence,
and other professional development courses.
C. Behavioral and Social Science courses such as American Government, Public
Administration, Legislative Process, American Political Parties, Judicial Process,
Municipal Government and Urbanism and American Constitutional Law.
D. Certain Psychology courses such as General Psychology, Social Psychology,
Personal and Industrial Psychology, Abnormal and Criminal Psychology.
E. Certain Sociology courses such as Principles of Sociology, Social Problems, Race
and Ethnic Relations, Criminology, Sociological Research, and various courses
aimed at improvement of the individual law enforcement function.
The Educational Bonus Plan will apply as follows:
Patrol Officer 5% of the base rate of pay
Master Patrol Officer 5% of the base rate of pay
Detective 5% of the base rate of pay
Corporal 5% of the base rate of pay
Identification Officer 4.5% of the base rate of pay
Sergeant 4.5% of the base rate of pay
To apply for this educational benefit an officer must submit to the Chief of Police a
stamped transcript of his/her college or university credits for consideration. The final
determination of eligibility shall be made by the City Manager's Office.
Employees hired or appointed to the position of Patrol Officer on or after July 1, 1998,
shall not be covered by the terms of this Article until they have completed twelve (12)
months of continuous service as a City of Dubuque Police Officer.
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ARTICLE XIX
OVERTIME
Except as otherwise provided in this Article, one and one-half (1 1/2) times the regular
rate of pay shall be paid for all hours worked outside a scheduled payroll day or a
scheduled payroll week. For employees assigned to an eight (8) hour work day, daily
overtime will commence after eight (8) hours and twenty (20) minutes have elapsed from
the designated reporting time of the employee. For employees assigned to a ten (10)
hour work day, daily overtime will commence after ten (10) hours and twenty (20) minutes
have elapsed from the designated reporting time of the employee.
An employee shall be paid double time for time spent in court during the employee's
scheduled vacation. This double time provision does not apply to the employee's court
appearance on a casual day.
Employees shall be paid a minimum of two (2) hours at 1 1/2 times their regular rate of pay
as witness fee or if the employee spends more than two (2) hours in court, the employee
shall be paid 1 1/2 times their regular rate of pay for the total hours worked.
Employees who are eligible to receive overtime may be granted time off in order to
compensate for and in lieu of overtime payment. Compensation shall not be paid more
than once for the same hours of work under any provision of this Article or Agreement.
When overtime is required, it must be approved by the employee's supervisor.
An employee who is assigned the duties of Field Training Officer shall receive five (5)
hours of compensatory time off or five (5) hours of pay at the regular rate of pay for each
full week during which he/she is assigned to and works with a police officer during his/her
trial period as a Field Training Officer.
Travel time related to attending training sessions as defined by the Fair Labor Standards
Act as compensable hours of work, will be paid in accordance with the overtime provision
of the Agreement.
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ARTICLE XX
SHIFT PREMIUM
Employees assigned to a ten (10) hour work day shall receive shift premium as follows:
Work Schedule
3:00 p.m. to 1:00 a.m.
7:00 p.m. to 5:00 a.m.
11:00 p.m. to 9:00 a.m.
Rate
$.25 per hour
$.30 per hour
$.35 per hour
Employees assigned to an eight (8) hour work day shall receive shift premium as follows:
Work Schedule Rate
3:00 p.m. to 11:00 p.m.
11:00 p.m. to 7:00 a.m.
$.25 per hour
$.35 per hour
Employees in the classifications of Identification Officer and Sergeant shall not receive
shift premium payment.
ARTICLE XXI
GROUP INSURANCE
Section 1
HEALTH AND PRESCRIPTION DRUG INSURANCE
Employees shall pay 10% of the cost of the premium established for the health and
prescription drug insurance plan for which the employee is enrolled. The premium for the
health and prescription drug insurance plan shall be the premium established for retirees
and COBRA enrollees.
Section 2
LIFE/ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE
The City shall pay the full cost of a life insurance and accidental death and
dismemberment insurance policy for all employees covered by this Agreement.
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Employees are eligible for coverage the first day of the month following the completion of
thirty days of continuous service in a full time position.
Employees who retire shall receive a life insurance policy. Eligibility and amount of
coverage shall be in accordance with the terms of the life insurance master agreement.
Section 3
DISABILITY INCOME PROTECTION INSURANCE
Disability income protection insurance policy shall be provided to all employees covered
by this Agreement. The cost of such coverage shall be paid in full by the City.
Employees are eligible for coverage the first of the month following the completion of
thirty days of continuous service in a full time position.
Section 4
MASTER INSURANCE AGREEMENTS
Specific benefits of each aspect of the group insurance plan are set forth in master
agreements which shall in all cases be the determining factor as to eligibility and amounts
of coverage extended to each employee.
Section 5
COVERAGE DURING EXTENDED ILLNESS OR INJURY
The City shall continue to pay its portion of the cost of the group insurance premiums for
a period not to exceed fourteen (14) months from the day an employees is absent due to
a non -job related illness or injury or for a period equivalent to the employee's length of
continuous service in a full-time position prior to the day of absence due to the non -job
related illness or injury, whichever is less. The City shall continue to pay its portion of the
cost of the group insurance premiums for a period not to exceed fourteen (14) months
from the day an employee is absent due to a job related illness or injury. Group
insurance plans include health insurance, prescription drug insurance, life/accidental
death and dismemberment insurance and disability income protection insurance.
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Section 6
TERMINATION OF INSURANCE BENEFITS
When a covered employee is discharged, laid off, resigns, retires or dies, the City shall
discontinue payment of all insurance premiums. Insurance benefits for dependents
terminate when the dependent ceases to be eligible as a dependent or when the
employee withdraws the authorization for dependent insurance coverage. In compliance
with applicable Federal and State laws, employees and their eligible dependents are
entitled to continue their health insurance coverage after termination of employment at
their expense. Requests for continuation of health insurance benefits must be made in
writing to the Personnel Office.
Section 7
COVERAGE DURING A LEAVE OF ABSENCE WITHOUT PAY
An employee may elect to continue group insurance coverages while on a leave of
absence without pay. During such leave the employee shall be responsible for paying
the full cost of all group insurance premiums with the exception of a leave of absence
without pay granted in accordance with the Family and Medical Leave Act of 1993.
Section 8
FLEXIBLE SPENDING ACCOUNTS
The City shall provide IRS Section 125 Flexible Spending Accounts for medical and
dependent care expenses and health, prescription drug and dental insurance premiums.
ARTICLE XXII
CALL BACK
Except as otherwise provided in this Article, an employee who, having left the premise
after his/her regular shift, is recalled for additional work shall receive not less than two (2)
hours pay. When such work merges with the employee's regular work day this provision
does not apply. Employees in the classifications of Sergeant and Identification Officer
are not entitled to receive payment under this or any other Article of this Agreement for
time spent in department staff meetings outside of their regular work shift.
The City has the right to determine who is on standby. Employees on standby will
receive, at their option, either six hours at their regular rate of pay or six hours of
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compensatory time for each full week they are on standby. Standby pay shall not be
considered hours worked for purposes of overtime eligibility. The standby pay provision
applies only to employees assigned to the Dubuque Drug Task Force. Employees who
are on standby, but are not available for work, will not receive standby pay and will be
subject to disciplinary action.
ARTICLE XXIII
WORK BREAKS
Employees may be allowed two (2) coffee breaks during each shift. Each coffee break
shall not exceed ten (10) minutes in length.
An employee shall be allowed one (1) lunch break during each shift. The lunch break
shall not exceed thirty (30) minutes in length.
Employees are not guaranteed work breaks if operational circumstances do not permit.
No additional compensation shall be provided if a work break is missed or interrupted.
Officers working scheduled or unscheduled overtime shall be entitled to one (1) coffee
break per four (4) hours worked.
II
ARTICLE XXIV
GRIEVANCE PROCEDURE
A grievance is a difference of opinion between an employee or a group of employees, or
between the City and the Association with respect to the meaning, interpretation or
application of any term or terms of this Agreement.
The City is desirous of equitable and prompt adjustment of problems or grievances of the
employees. These shall be settled orally whenever possible between the supervisor and
the employee when the problem or grievance originates.
An employee wishing to exercise the grievance procedure shall be entitled to have
another Association member of his/her choice present as a witness during any
presentation of the grievance to any officer of the department. The witness shall not
become a party to the dispute, but shall serve only as a witness.
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In the case of duty or shift assignments the aggrieved officer may present the grievance
but shall not be allowed to delay or avoid the assignment beyond that time necessary for
presentation of the grievance to the supervisor responsible for the assignment.
A. Oral Proceedings
Step 1
Within ten (10) calendar days after the alleged grievance has occurred, the
employee and supervisor shall orally discuss the grievance in an attempt to
resolve the issue.
Step 2
The City shall not be obligated to accept a written grievance until such grievance
has been discussed orally between the grieving officer, a supervisor and the Chief
of Police.
B. Written Proceedings
Step 1
A grievance not settled after oral discussion, as outlined above, within seven (7)
calendar days may be reduced to writing and presented to the Chief of Police.
The nature of the complaint shall be clearly defined so that the Chief of Police will
have a fair opportunity to locate the cause of the problem and settle the matter.
The Chief of Police shall answer in writing within seven (7) calendar days after
receipt of the grievance.
Step 2
If the grievance is not settled in Step 1, within seven (7) calendar days after
receiving the answer, a written request may be addressed to the Chief of Police for
a meeting with the City Manager. If the request is denied by the Chief of Police a
written appeal may be sent directly to the City Manager, following written notice to
the Chief of Police of intention to appeal.
Within fourteen (14) calendar days of receipt of request for a meeting or written
appeal, the City Manager or a designated representative (from outside the Police
Department) shall hear matters pertinent to the grievance. The chairperson of the
Welfare Committee or the designee of the Association may be present at the
request of the aggrieved employee or at the request of the President of the
Association. The aggrieved employee may not choose anyone other than the
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designated person of the Association to represent him/her in this hearing. The City
Manager shall give a written answer fourteen (14) calendar days after this
meeting.
Step 3
For employees under Civil Service and for issues covered by the Civil Service Act,
if a grievance is not settled in Step 2 the employee has recourse of the Civil
Service Act and shall follow its provisions outlined under Chapter 400, Code of
Iowa.
If the grievance is not settled in Step 2, within twenty (20) calendar days after
receiving the City's written answer, either party may notify the other party in writing
and submit the grievance to arbitration. An impartial arbitrator shall be chosen by
mutual consent by the Association and the City as soon as possible after receipt of
a request for arbitration. If the parties do not agree upon the selection of an
arbitrator within fifteen (15) calendar days after the receipt of the request for
arbitration, the Public Employment Relations Board shall be requested to furnish a
list of five (5) arbitrators. The party requesting arbitration shall first strike the name
of one (1) person on the list and the other party shall then strike one (1) name and
then the process is repeated. The remaining name shall be the arbitrator.
An arbitrator's decision on a grievance may not change or amend the terms,
conditions or applications of the Collective Bargaining Agreement. Such
procedures shall provide for invoking of arbitration only with the approval of the
employee organization, and in the case of an employee, only with the approval of
the public employee. The cost of arbitration shall be shared equally by the parties.
Association representatives, when carrying out procedures in Step 1 and Step 2 in
the Grievance Procedure, shall be allowed to leave their work after the
supervisor's approval and shall suffer no loss of straight time pay, not including
overtime pay. The City shall not be responsible for pay to Association employees
involved in any matter relating to arbitration proceedings or Civil Service
proceedings.
Time limits set forth in this policy may be waived by mutual consent of the principal
parties. Time limits may be waived upon submission of a written statement of
inability to act for good cause and setting forth another date of intended action.
Good cause shall include, but not be limited to, the absence of principals to the
grievance.
If the City does not answer a written appeal within the time limits specified in the written
proceedings, the Association may elect to treat the grievance as a denial of that step, and
24
immediately appeal the grievance to the next step. If the Association fails to file a written
appeal within the time limits specified in the written proceedings, the grievance may be
appealed automatically to the next step.
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ARTICLE XXV
WAGE PLAN
The following salary schedules shall represent the regular (straight time or base) rate of
pay for positions covered by this Agreement:
POSITION SALARY STEP STEP STEP STEP STEP STEP
CLASSIFICATION GRADE A B C D E F
Biweekly Rates - Effective 7/1/2015 through 6/30/2016
Patrol Officer P-01 - $2,008.80 $2,063.20 $2,171.20 $2,232.16
Police Corporal P-02 - - $2,320.00 $2,409.60 $2,496.00
Police Detective P-02 - $2,320.00 $2,409.60 $2,496.00
Police Identification
Officer P-03 $2,236.80 $2,353.60 $2,468.00 $2,588.80 $2,716.00 $2,858.40
Police Sergeant P-03 $2,236.80 $2,353.60 $2,468.00 $2,588.80 $2,716.00 $2,858.40
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Upon promotion an employee shall be placed in the first step of his/her new pay grade
except in cases where the increase to the first step would be less than a one (1) pay
grade step increase. Under those circumstances the promoted employee shall be placed
in such a step in the new pay grade as may be necessary to give the employee at least a
one (1) pay step increase.
If an employee is promoted to the lowest step in the classification, the employee's
performance shall be reviewed after six (6) months and if satisfactory, shall be advanced
to the next step in the classification. On the other hand, if the employee is promoted to a
step other than the starting step in the classification then the employee's performance
shall be reviewed after twelve (12) months and if satisfactory, shall be advanced to the
next step and yearly thereafter until he/she has reached Step "F".
ARTICLE XXVI
NONDISCRIMINATION
There shall be no discrimination against any employee in the bargaining unit by either
party to this Agreement because of mental or physical disability, age, sex, marital status,
race, color, religion, national origin, sexual orientation or political affiliation. Complaints
involving an allegation of discrimination may be filed with the appropriate agency but shall
not be a proper subject for the grievance procedure of this Agreement or the appeal
procedure set forth in Chapter 400, Code of Iowa.
ARTICLE XXVII
FAIR SHARE FEES
The City shall provide payroll deduction services in the event the Association is permitted
and chooses to collect such fees from bargaining unit employees who are not dues -
paying members of the Association.
The City shall have no obligation to deduct or collect fair share fees from an employee
whose net pay for a payroll period, after all other deductions, is insufficient to cover the
total authorized deductions for that payroll period. The Association shall hold the City
harmless against any claims or lawsuits instituted or any losses incurred because of the
City's performance of its obligations under this Article. The Association further agrees to
refund to the City any amounts paid to the Association in error. Any disagreement
regarding the interpretation or application of this Article shall not be a proper subject for
the grievance procedure of this Agreement or the appeal procedure set forth in Chapter
400, Code of Iowa.
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ARTICLE XXVIII
SAVINGS CLAUSE
Should any Article, Section or portion thereof of this Agreement be restrained or held
unlawful and unenforceable by any court of competent jurisdiction, such decision of the
court shall apply only to the specified Article, Section or portion thereof restrained or
declared null and void in the decision and the remainder of this Agreement shall remain
in full force and effect.
ARTICLE XXIX
DURATION AND NEGOTIATIONS
This Agreement shall be effective the first day of July, 2015 and shall remain in full force
and effect through the thirtieth day of June, 2016. Negotiations for a succeeding
Agreement to become effective on July 1, 2016, shall begin after August 15, 2015, but
not Tater than October 15, 2015.
Signed this qday of , 2015
DUBUQUE POLICE
PROTECTIVE ASSOCIATION
28
CITY OF DUBUQUE, IOWA
Mq Y019-
ATTEST:
KEVIN FITAHL, CITY
ARTICLE XXVIII
SAVINGS CLAUSE
Should any Article, Section or portion thereof of this Agreement be restrained or held
unlawful and unenforceable by any court of competent jurisdiction, such decision of the
court shall apply only to the specified Article, Section or portion thereof restrained or
declared null and void in the decision and the remainder of this Agreement shall remain
in full force and effect.
ARTICLE XXIX
DURATION AND NEGOTIATIONS
This Agreement shall be effective the first day of July, 2015 and shall remain in full force
and effect through the thirtieth day of June, 2016. Negotiations for a succeeding
Agreement to become effective on July 1, 2016, shall begin after August 15, 2015, but
not later than October 15, 2015.
Signed this
day of
DUBUQUE POLICE
PROTECTIVE ASSOCIATION
28
, 2015
CITY OF ' UBUQUE, IOWA
ATTEST:
KEVL FIRNSTAHL, CITY CLERK