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Collective Bargaining Agreement Between the City and DPPA Copyrighted July 2, 2018 City of Dubuque Consent Items # 21. ITEM TITLE: Collective Bargaining Agreement Between the City of Dubuque and the Dubuque Police Protective Association SUMMARY: City Manager transmitting the results of the arbitration hearing related to the Collective Bargaining Agreement between the City of Dubuque and the Dubuque Police Protective Association. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File ATTACHMENTS: Description Type Dubuque Police Protective Assoc. Collective Bargaining City Manager Memo Agreement-NNM Memo Staff Memo Staff Memo In the Matter of InterestArbitration Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 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 28, 2018 Personnel Manager Randy Peck is transmitting the results of the arbitration hearing related to the Collective Bargaining Agreement between the City of Dubuque and the Dubuque Police Protective Association. �� Mic ael C. Van Milligen �� MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Randy Peck, Personnel Manager �� r� �r '� __ _ _ _ �� __._. _ _ __ �;��:��;,.� ; � � �� , . , . � �,�� TO: Michael C. Van Milligen, City Manage FROM: Randy Peck, Personnel Manager ' SUBJECT: Collective Bargaining Agreement Between the City of Dubuque and the ', Dubuque Police Protective Association I DATE: June 25, 2018 I!, On June 7, 2018, an arbitration hearing was held in fihe impasse between the City of �I Dubuque and the Dubuque Police Protective Association. The issues at impasse were I, wages and insurance. The arbitrator awarded the City's wage proposal which will i provide a 1.5% across�the board base wage increase effective July 1, 2018 through '' June 30, 2019. The wage increase is consistent wifih the City Council wage guideline for i the Fiscal Year beginning July 1, 2018 and it is also consistent with the wage increase � to be received by all other City employees on July 1, 2018. ' ; ' I The City also proposed an increase the annual out of pocket maximum and co- i payments for the medical and prescription drug plan, and an increase the employee's contribution to the health insurance premium from 10% to 15%. The Association proposed no change in the insurance program. The arbitrator awarded the Association's insurance proposal. . I The requested action is for the City Council to receive and file the arbitration award. � RP:alk i � I IN 1'HE MATTER OF INTEREST ARBITRATION BETWEEN: ) ) CITY OF DUBUQUE, IOWA, ) ) Hugh J. Perry, Arbitrator PUBLIC EMPLOYER, ) AND ) ) Award Issu�d: June 21 , 2018 DUBUQUE POLICEMAN'� PROTECTIVE ) ASSOCIATION, ) ) EMPLOYEE ORGANIZATION. ) APPEARANCES: For City of Dubuque: Randy Peck, Personnel Manager For Dubuque Policeman's Protective A�sociation: � ', Michael Treinen, Attorney � Kurt Rosenthal, President, DPPA �I� �ACKCROUND, FACTS AND JURI�DICTION II The Cifiy of Dubuque sits on lowa's Eastern border along the Mississippi River. Its population is approximately 60,000. It is lowa's 11`" largest city. It has 535 employees contained in five bargaining units, Police, Fire, Teamsters, Operating Engineers and Transit as well as a group of non bargaining employees. All but the police have settled their contracts for 2018-2019 (Due to changes in lowa's Public ; Sector bargaining law, Chapter 20, only the Police and Fire units which contain at least i 30% public safety employees can now compel the employer to negotiate subjects ' beyond base wages). The Dubuque Police Protective Association (DPPA) has represented police employees since 1975 with the advent of lowa public sector bargaining. There are 82 Included in the DPPA unit, 66 patrol officers and 16 corporals. Consecutive contracts, both single and multi-year have been negotiated by the City and DPPA since 1975. Some years they have utilized Factfinding and Arbitration to arrive at j a contracfi. The parties have utilized arbitration in four of the last seven contracts to � conclude negotiations. This bargaining year the parties have resolved all impasse issues except Wages (increase in base wage) and Insurance (the % of required � employee premium contribution as well as plan changes). Unable to resolve their di'fferences with respect to these issues, they resort to arbitration to reach a final agreement, A hearing was held on June 7`" at the Dubuque City Hall. The parties presented 1 exhibits, narrative testimony and arguments as to why their final offer on each impasse issue should prevail. The hearing was closed on that date. The parties have exfiended the statufiory time lines to complete the negotiating process. I am obligated to select the most reasonable of the final offers of the parties on each impasse item submitted within 15 days of the hearing. In determining which impasse issue of the parties is fihe most reasonable, I must consider, in addition to any other relevant factors: Past collective bargaining contracfis between the parties including the bargaining that led up to such contracts. Comparison of wages, hours and conditions of employment of the involved � public employees doing comparable work, giving consideration to factors peculiar to tf�e area and the classifications involved. The interests and welfare of the public, the ability of the public employer to finance economic adjustments, and the ef�ect of such adjustments on the normal standard of services. �argaining History - The parties settled the current contract, 2016-2018 without resort to arbitration. Among other things, it provides for a 2.5% wage increase on July 1, 2016 , and a 2% wage increase on July 1, 2017. Under the current contract, the City provides I health insurance with employees paying 10% of the premium for the insurance plan in � which they are enrolled. The plans provide for out of pocket maximums, medical and I prescription drug co-pays. All other City employees have traditionally enjoyed the same insurance plan. The 10% employee premium contribution by police employees commenced on July 1, 2005, the result of an interest arbitration. All other Cifiy employees, including Fire, have agreed to a changes in the plans' out of pocket and co- pay urged by the City for the police employees here and have agreed to increase their premium contribution to 15%, the same as proposed by the City here. The parties have .eng�ged arbitration for 4 of the last 7 contracts. The fighfiing issue has primarily been wages, both salary structure and base wage increases. The DPAA has not had recent success in changing the salary structure. Wage adjustments have come by increasing the base wage across the board. In addition to health insurance, the parties have bargained several other benefits, including longevity (7% of base wage after 25 years of �I service), educational bonus pay (5% of base wage after 60 hours of college !� coursework including 12 hours of law enforcement development) sick leave payout (100% of accrued sick leave up to 960 hours at retirement), Holidays (11) and shift differential ($.25-.35 per hour). Also the City contributes a pension payment to each employee. While none of these items are at issue here, they represent a substantial cost to the City and considerable financial benefits to these employees. Any benefit expressed in a percentage will increase with a base wage adjustment. Comparisons - The parties do not agree on comparison groups. The DPPA uses a grouping of the 20 largest lowa Cities including Dubuque as well as a subgroup group of 8 cifiies in northeast lowa for comparison purposes. The City uses a group ofi 14 lowa � cities with populations of 20,000 — 60,000 which it has used for the previous nineteen ', years. The City also relies strongly on internal comparisons with fihe Fire Unit for wages I, and with all city employees for health insurance. The Fire Unit settled for the City's ', wage offer here of 1.5%. Fire and all ofiher city employees agreed to increase the I insurance premium contribution required of employees fio 15% as well as to the plan �� changes proposed by the City here. While there have been some minor deviations in �I the parity between the top Firefighter wage and the top Patrol Officer wage, these � wages are now the same through the current contract. Such wage parity has existed for some forty years with only minor differences brought about though arbitration which have subsequently been redressed. Interest and welfare of �the public and ability of the City to Finance economic adjusfiments - The Cifiy's operating budget for fiscal 2019 is $129,366,969. The Police Department budget is $15,577,470. Employee expenses for the police department for FY 2019 will be $13,445,568 or 86.3% of the total police budget. The City appears well managed. It will reduce its tax rate for the next fiscal year. Such rate is relatively low as is its per capifia tax. In recent years the City has reduced the number of City employees, � institufied a hotel/motel tax, increased many user f�es and instituted a 1¢ sales and ' service tax. The City has lost population in recent years with the resultant loss of revenue. Overall I am not persuaded that either of the parties' proposals on the two ! issues before me will adversely affect the interest and welfare of the public or negatively j impact on the ability ofi the City to finance economic adjustments or to deliver the normal standard af services. � IIVIPASSE ISSUES � The issues for decision by the arbitrator are Wages and Insurance for the contract July 1, 2018 to June 30, 2019. � WAGES — Currently, the top patrol officer is paid the biweekly rate of $2,334.08 ($60;686.08 annual). This is the same as the top Firefighter pay. The top corporal pay is $2,609.60 biweekly ($67,849.60 annual). The Current Wage Plan provides in part: I Biweekty Rates- Effective 7/1/2017 through 6/30/2018 � Step C Step D Step E Step F Patrol Officer...................................$2,100.00 $2,15b.80 $2,270.40 $2,334.08 Corporal.......................................................................$2,�F25.60 $2,519.20 $2,609.60 FIIVAL OFFERS AND �4RCUMENTS 3 The DPPA makes a final WAGE offer of 3%. In support of this position, the DPPA presented data indicating that in spite of Dubuque ranking 11`" among lowa cities in population, Dubuque patrol officers rank 15`h out of the 20 largest cities* in lowa in career earnings and rank below average in nearly every benchmark in yearly earnings. Dubuque patrol officers rank 17`" out of the 20 in pension benefits, have received the lowest top base wage increases, $8,595 below average, and are the only city with the same top wage scale for police and fire of the 20 largest cities. On average, police top wage in the largest cifiies is $5,724 more than top firefighter wage. The DPPA costed its wage proposal at $7,508,213 compared to the cost ot the City's proposal $7,436,764, a difference of $71.449, .85% ofi the police department's FY19 budget of $8,384,730. The DPPA argues that retention has been a problem for the department and that since 2010, 19 veteran officers with a total of 147 years of experience have left the department. This compares to the Fire Department which since 1998 has hired 72 firefighters and 10 have left fire employment. Since 2010 two veteran firefighters with a total of 10 years experience have left fire employment. Recruitment into the police department and the number of applicants for the police exam has dropped dramatically. The DPPA notes fihat the cost of a new hire of a police patrolman is $70,056. If a 3% wage increase could be accomplished, hiring and retention in the department could be improved. The DPPA argued that the City's comparability group should not be considered. The City doesn't use this group for any other purpose except for bargaining with the DPPA. Dubuque is in constant competifiion with other cities in Northeast lowa for applicants/recruits. There are 8 cities within 100 miles of Dubuque with populations greater than 25,000, 4 larger and 4 smaller. This would make a more appropriate comparability group than that urged by the City. The DPPA argues that while the City's internal comparability argument (that top patrol officer pay in Dubuque should be the same as top firefighter pay) might have made sense at one time, it no longer has validity. Recruitment, retention, increased dangers, and multiple other factors have led to higher wage increases for police over fire. The City has tied the wages of its patrol officers to 24 firefighters to minimize the wage increases soughfi and deserved by these police employees. Since 2008, Dubuque patrol officers have experienced the lowest increase to the top base wage scale among the 20 largest cities, 37.72% increase vs 24.06% ($20,408 vs $11,947). Career earnings, pension, vacation and wage increases for 2018 in Dubuque (1.5%) all suffer in comparison with these categories in the DPPA's comparability grouping. While not all cities have corporals, many have a sergeant classification which pays higher than that of corporal. The City makes a final WAGE offer of 1.5%. In support of this offer, the City presents a strong argument in terms of bargaining history. This is what the fire unit received as well as all other city of Dubuque employees. The forty year history has been that all voluntary settlements and all arbitration awards except for one or two have maintained parity with respect to top patral officer and top firefighter wages. In addition to its police/fire wage parity argument, the City uses a comparability group of 14 other lowa cities, population 20000 — 60000. The city asserts that it has used this comparison group for at least 19 years. The City argues that Dubuque police receive one of the 4 most lucrative longevity pay plans, vacation and casual day schedules, sick leave payout and educational bonus payment of �II the cities in the comparability group. With all of these benefits plus uniform allowance, shift premium, health insurance, life ar�d short term disability insurance plus pension, it will cost the City $100,345 for FY 2019 to employ one patrol officer at step F based on the City's proposal, These employees enjoy benefits greater than police officers in the comparable cities and greater than other City employees. Wage adjustments for these employees have exceeded the rate of inflation and their benefits have been increased. Retention and application to the d�partment tends to be cyclical. With a higher rate of employment and an improved economy, there is less interest in public employment, including police employment. Police officers in. Dubuque reach top wages in only 2.5 years, a shorter period, than do officers in other departments. Few other cities have corporals who are paid higher than patral officers. INSURANCE - The City is self insured and engages Wellmark to administer its insurance plans. These employees pay 10% of the premium for the health and drug insurance plan for which the employee is enrolled, currently $807.61 for single, $1,615.32 for single +1 and $2,059.52 for family (these are yearly rates), The City is raising the Cobra rate by 7%, so without change in the premium contribution the new rates on July 1St will be $864.12 for single, 1,728.36 for single +1 and $2,203.68 for family. The current insurance provides for the following annual out of pocket and copays and prescripfiion drug coverage: In Network Out of Network Annual Out of Pocket Maximum $400/1200 $750/2,250 Office Visit $15 copay Specialty Doctor Visit $15 copay Outpatient Services $25 copay • Emergency Room $100 copay Urgent Care $25 copay In Network RX—Retail $2 Generic ' $5 Brand Name Formulary I $15 Brand Name Non-Formulary ' RX— Mail Order $4 Generic I $10 Brand Name Formulary , $30 Brand Name Non-Formulary I � II� The DPPA s final offer on Insurance is that current language continue, that is, � employees continue paying 10% of the premiums for their plans and out of pocket, I copay and drug provisions stay the same as currently provided. The DPPA notes that of the 82 bargaining members, 26 have single coverage, 14 have single +1 coverage and 42 have family coverage. An increase in premium contribution and insurance plan 5 changes and a 1.5% wage increase would cost a 15 year police veteran $224 per year, excluding any out of pocket increases for health care/prescriptions. An increase in premium contribution to 15% plus an increase in COBRA rate will cost officers of the association $78,716 annuall�. The City's final offer on Insurance is to increase the employee premium contribution to 15% and to change the copays, out of pocket and drug coverage as follows: In Network Out of Network Annual Out of Pocket Maximum $800/2,400 $1,500/4,500/2,250 Office Visit $25 copay Specialty Doctor Visit $25 copay Outpatient Services $40 copay Emergency Room $150 copay Urgent Care $40 copay In Network � RX— Retail $5 Generic $15 Brand Name Formulary , $25 Brand Name Non-Formulary RX—Mail Order $10 Generic I!, $30 Brand Name Formulary �i $50 Brand Name Non-Formulary ' The City proposes that its insurance changes take effect on June 1, 2019. The City notes that all other City empioyees including fire employees are or will be on this insurance plan with the changes that �he City proposes here, i.e., 15% employee premium contribution and changes to out of pocket, copay and drug coverage as set forth above. The City notes that historically all City employees have been on fihe same insurance plan with the same premium contribution and that arbitrators have heavily relied on this internal comparability in making their awards. The City notes.that there has not been an increase in out of pocket maximums and copayments for 14 years and no change in employees' premium contributions for 13 years. The cost of this benefit has increased significanfily over the years, from $5,364,003 in FY 2005 to $11,140,948 in FY 2017, a 108% increase. It is not unreasonable to ask employees to share in the increased cost of this valuable b�nefit. � DISCUSSION AND CONCLUSIONS � � WAGES - The City makes a strong argument that the top patrol officer wage has been the same as the top firefighter wage for all but a handful of the past 40 years. On the few occasions when such parity was broken, it was done at the hands of arbitrators, not through voluntary negotiations between the parties and any resultant disparity was subsequently redressed. This bargaining history is compelling. I don't necessarily disagree with the DPPA's assertion that 8 northeast lowa cities with populations similar to Dubuque might be an appropriate comparability group and that the City's 20,000 — 60,000 group is not perfect. (It is noteworthy that the City has used this group for most 6 of the previous 19 years.) It could be argued that Des Moines, Cedar Raids and Davenport as proposed in the DPPA's group are substantially larger than Dubuque and that it is not appropriafie for the DPPA to compare wages and benefits in those cities with those in Dubuque. I note that the police enjoy other economic benefits not enjoyed by other units. Comparability grouping is not an exact science and argumenfis made using such comparability groupings should be tempered with other cc�nsiderations, not the least of which are bargaining history and internal b.argaining comparisons. While changes in the PERA took substantial bargaining rights away from the City's other units . and in time might make comparisons with those units less compelling, a wage award substantially over what the fire employees settled for this year would, no doubt, cause unrest with that unit and make future voluntary settlements more difficult. Fire employees could reasonably contend that the police held out and received more thraugh arbitration than fire did with a voluntary settlement in spite of fihe historical parity that exists with respect to wages between the two top in rank positions of police and fire. In sum, I find the City's wage proposal of 1.5% to be the most reasonable of the offers before me. It is awarded. INSURANCE - The City makes the same argument for its insurance proposal. That its proposal here on insurance will result in the same health insurance that other City employees have or will have effective July 1, 2018. Only here, the City proposes thafi the proposed insurance changes become effective June 1, 2019 or 11 months into the contract. Its effect won't be significantly felt until the July 1, 2019 — June 30, 2020 contract year. I agree with the other arbitrators quoted in the City's exhibits, that internal comparability especially on health insurance, is important, however, again, due to changes in the PERA, the other City employees, except fire, will not in the future be able to compel negotiations over health insurance. This may or may not make the City's internal comparison argument on insurance less persuasive. I conclude that little harm will come from leaving the parties where �hey are on insurance until the next round of bargaining for a July1 , 2019 — June 30, 2020 agreement, considering that the ' changes proposed by the City will cover only the last 1/12 of the 2018-2019 contract ' year. Accordingly, I find that the insurance proposal of the DPPA to continue the current I insurance language in the nextcontract is the most reasnnable. It is awarded AWARD Wages - The Cifiy's Wage proposal is awarded. 1.5% Wage Increase effecfiive July 1, ; 2018 � Insurance - The Association's Insurance proposal is awarded. Current health insurance to continue unchanged for the 2018-2019 contract � I Signed this 21St day of June, 2018 Hu - . �ry, Arbitr, �qr � 7 CERTIFICATE OF SERVICE i I certify that on the 215t day of June, 2018, I served the foregoing Award of '� Arbitrator upon each of the parties to this matter by mailing a copy to them at their respective addresses as shown below: Kurt Rosenthal Randy Peck President, DPPA Personnel Manager 770 lowa Street City Hall — 501 West 13t" Street Dubuque, lowa 52001 Dubuque, lowa 52001 � I further certify that on the 21S` day of June, 2018, I will submit this award for filing ; by mailing it to the lowa Public Employment Relations Board, 510 East 12th Street, i Suite 1 B, Des Moines, lowa 50319. . , i Hug J. , Arbitrato ! 8 AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE POLICE PROTECTIVE ASSOCIATION JULY 1, 2018 - JUNE 30, 2019 PREAMBLE This Agreement is made and entered into this first day of July, 2018, 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 ii ARTICLE XXV WAGE PLAN 26 ARTICLE XXVI NONDISCRIMINATION 27 ARTICLE XXVII FAIR SHARE FEES 27 ARTICLE XXVIII SAVINGS CLAUSE 28 ARTICLE XXIX DURATION AND NEGOTIATIONS 29 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. 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 111 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. 5 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. 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. 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. 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. 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 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 8 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. 9 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. 10 ■ 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. 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 11 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. 12 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. 13 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 14 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. 15 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. 16 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. 17 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. 18 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. 19 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. 20 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 compensatory time for each full week they are on standby. Standby pay shall not be 21 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. 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. 22 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. 23 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. 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. 24 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 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. 25 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 Range STEP STEP STEP STEP STEP STEP CLASSIFICATION GRADE A B C D E F Biweekly Rates — Effective 7/1/2018 through 6/30/2019 Patrol Officer P-01 P-01 Police Corporal P-02 P-02 Police Detective P-02 P-02 - $2,131.20 $2,188.80 $2,304.80 $2,368.80 - $2,461.60 $2,556.80 $2,648.80 - - $2,461.60 $2,556.80 $2,648.80 Police Identification Officer P-03 P-03 $2,373.60 $2,497.60 $2,618.40 $2,747.20 $2,882.40 $3,032.80 Police Sergeant P-03 P-03 $2,373.60 $2,497.60. $2,618.40 $2,747.20 $2,882.40 $3,032.80 26 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. 27 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. 28 ARTICLE XXIX DURATION AND NEGOTIATIONS This Agreement shall be effective the first day of July, 2018 and shall remain in full force and effect through the thirtieth day of June, 2019. Negotiations for a succeeding Agreement to become effective on July 1, 2019, shall begin after August 15, 2018, but not later than October 15, 2018. Signed this 5Y` dayof DUBUQUE POLICE PROTECTIVE ASSOCIATION RESIDENT 29 , 2018 CITY OF DUBUQUE, IOWA 0 L. MAYO KE N FIRNSTA1-11_, CITY CLERK