Collective Bargaining_Dubuque Police Protective Assoc.THE CTTY OF ~ Dubuque
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DAB E
Masterpiece on the Mississippi
2007
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: January 30, 2008
Personnel Manager Randy Peck is recommending approval of the Collective Bargaining
Agreement between the City of Dubuque and the Dubuque Police Protective
Association for a three year period.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
C ~ /~
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Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Randy Peck, Personnel Manager
THE CTTY OF Dubuque
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V
Masterpiece on the Mississippi
2007
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: January 29, 2008
We have reached a three year agreement with the Dubuque Police Protective
Association. The terms of the agreement are summarized as follows:
July 1, 2008
Article Vll, Uniforms and Equipment
Rain gear will be added to the list of uniform items.
The uniform allowance will be increased from $500 per year per employee to $550
per year per employee.
Article XV, Vacation, Section 6
Change the maximum accrual of compensatory time in lieu of overtime pay from
forty (40) hours to eighty (80) hours. The maximum accrual of compensatory time of
eighty (80) hours would also include vacation hours (up to 40 hours) and holiday
hours (up to 16 hours) converted into compensatory time.
Article XVlll, Education Bonus Plan
The last paragraph of this article will read as follows:
"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 Patrol Officer."
Article X1X, Overtime
Employees shall be paid a minimum of two (2) hours at 1 '/Z 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 '/2 times their regular rate of pay for the total hours worked.
Article XXII, Call-Back
The reference to the Eighteen County Drug Task Force will be deleted.
The last sentence of this article will read as follows:
"Employees who are on stand-by but are not available for work will not
receive stand-by pay and will be subject to disciplinary action."
Article XXV, Wage Plan
Effective July 1, 2008, through June 30, 2009, the wage plan in effect on June 30,
2008, shall be increased by 3.35% across the board.
Article XXVI, Non-discrimination
Sexual orientation will be added to this article.
Article ,Fair Share Fees
The City will 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.
July 1, 2009
Article XXV, Wage Plan
Effective July 1, 2009, through June 30, 2010, the wage plan in on June 30, 2009,
shall be increased by 3.5% across the board.
July 1, 2010
Article XXV, Wage Plan
Effective July 1, 2010, through June 30, 2011, the wage plan in effect on June 30,
2010, shall be increased by 3.5% across the board.
All other language of the Collective Bargaining Agreement shall remain
the same.
The wage increases effective July 1, 2008 and July 1, 2009 are consistent with the
wage increases to be received by employees represented by the International Union of
Operating Engineers, Local #758. The Agreement is also consistent with the City
Council's wage guidelines for the Fiscal Years beginning July 1, 2008, July 1, 2009 and
July 1, 2010.
I recommend that the Agreement be approved and that the attached resolution be
adopted.
RP:tlb
RESOLUTION NO. 38-08
APPROVING THE AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA, AND THE DUBUQUE POLICE PROTECTIVE ASSOCIATION
AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT
Whereas, the Sixty-Fifth General Assembly adopted the Public Employment
Relations Act, Chapter 20, Code of Iowa; and
Whereas, the City of Dubuque is public employer within the meaning of
Section 3 (1) of the Public Employment Relations Act; and
Whereas, the Dubuque POlice Protective Association is an employee
organization within the meaning of Section 3 (4) of the Public Employment
Relations Act; and
Whereas, the Dubuque Police Protective Association submitted a request
to bargain collectively on behalf of the employees within its representation; and
Whereas, bargaining between the parties has occurred and an agreement
has been concluded.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section ~. That the terms of the agreement be approved and the Mayor
authorized and directed to sign the collective bargaining agreement.
Passed, approved and adopted this 4th day of February, 2008.
Roy D, Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE POLICE PROTECTIVE ASSOCIATION
JULY 1, 2008 - JUNE 30, 2011
PREAMBLE
This Agreement is made and entered into this first day of July, 2008, 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 8
ARTICLE XIII SENIORITY 9
ARTICLE XIV CASUAL DAY 11
ARTICLE XV VACATIONS 12
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
ii
ARTICLE XXV WAGE PLAN 25
ARTICLE XXVI NONDISCRIMINATION 26
ARTICLE XXVII FAIR SHARE FEES 27
ARTICLE XXVIII SAVINGS CLAUSE 27
ARTICLE XXIX DURATION AND NEGOTIATIONS 27
i i i
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.
8. 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 bargaining
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.
2
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.
3
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.
4
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.
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.
5
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.
6
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.
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.
7
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.
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
8
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.
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.
9
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.
■ 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 Tess 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.
10
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.
3. The employee's request for a specific day shall be given maximum consideration
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.
11
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.
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.
12
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 betaken 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.
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.
13
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
shall be construed to be the following days:
A.
B.
C.
D.
E.
F.
G.
H.
I .
J.
New Year's Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve
Section 2
January First
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
it
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.
14
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 six. (6) years of continuous service
After twelve (12) years of continuous service
After eighteen (18) years of continuous service
After twenty-four (24) years of continuous service
After thirty (30) 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
5% 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.
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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.
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 '/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.
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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.
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 Tess 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.
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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 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.
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 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.
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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 immediately dppeal 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:
Biweekly Rates - Effective 7/1/08 through 6/30/2009
POSITION SALARY STEP STEP STEP STEP STEP STEP
CLASSIFICATION GRADE A B C D E F
Patrol Officer P-01 $1,720.00 $1,766.40 $1,858.40 $1,909.60
Police Corporal P-02 $1,985.60 $2,063.20 $2,136.80
Police Detective P-02 $1,985.60 $2,063.20 $2,136.80
Police Identification
Officer P-03 $1,914.40 $2,014.40 $2,112.00 $2,216.80 $2,324.80 $2,445.60
Police Sergeant P-03 $1,914.40 $2,014.40 $2,112.00 $2,216.80 $2,324.80 $2,445.60
Biweekly Rates - Effective 7/1/2009 through 6/30/2010
POSITION SALARY STEP STEP STEP STEP STEP STEP
CLASSIFICATION GRADE A B C D E F
Patrol Officer P-01 $1,780.00 $1,828.00 $1,923.20 $1,976.80
Police Corporal P-02 $2,055.20 $2,135.20 $2,211.20
Police Detective P-02 $2,055.20 $2,135.20 $2,211.20
Police Identification
Officer P-03 $1,981.60 $2,084.80 $2,185.60 $2,294.40 $2,406.40 $2,531.20
Police Sergeant P-03 $1,981.60 $2,084.80 $2,185.60 $2,294.40 $2,406.40 $2,531.20
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Biweekly Rates - Effective 7/1/2010 through 6/30/2011
POSITION SALARY STEP STEP STEP STEP STEP STEP
CLASSIFICATION GRADE A B C D E F
Patrol Officer P-01 $1,842.40 $1,892.00 $1,990.40 $2,046.24
Police Corporal P-02 $2,127.20 $2,209.60 $2,288.80
Police Detective P-02 $2,127.20 $2,209.60 $2,288.80
Police Identification
Officer P-03 $2,051.20 $2,157.60 $2,262.40 $2,374.40 $2,490.40 $2,620.00
Police Sergeant P-03 $2,051.20 $2,157.60 $2,262.40 $2,374.40 $2,490.40 $2,620.00
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.
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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, 2008 and shall remain in full force and
effect through the thirtieth day of June, 2011 Negotiations for a succeeding Agreement to
become effective on July 1, 2011, shall begin after August 15, 2010, but not later than
October 15, 2010.
C� ft
Signed this ioe ( day of Lvarctct , 2008
DUBUQUE POLICE
PROTECTIVE ASSOCIATION
PRESIDENT
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CITY OF DUBUQUE, IOWA
P. S-1°
MAY
ATTEST:
ANNE F. SCHNEIDER, CITY CLERK