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Collective Bargaining Agreement with Dubuque Police Protective Assocation Copyrighted July 1, 2019 City of Dubuque Consent Items # 18. ITEM TITLE: Collective Bargaining Agreement Between the City of Dubuque and the Dubuque Police Protective Association SUMMARY: City Manager recommending that the City Council receive and file the arbitration award for 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 ProtectiveAssociation Collecti� City Manager Memo BargainingAgreement-MVM Memo Staff Memo Staff Memo In the Matter ofthe 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 26, 2019 On June 6, 2019, an arbitration hearing was held in the impasse between the City of Dubuque and the Dubuque Police Protective Association. The issues at impasse were wages and insurance. The arbitrator awarded the Dubuque Police Protective Association's wage proposal, which will provide a 3°k across the board base wage increase effective July 1 , 2019 through June 30, 2020. The City proposed an increase in the annual out of pocket maximum and co-payments for the medical and prescription drug plan, and an increase in the employee's contribution to the health insurance premium from 10°k to 15°k. The Dubuque Police Protective Association proposed no change in the insurance program. The arbitrator awarded the City's insurance proposal. Human Resources Manager Randy Peck recommends the City Council receive and file the arbitration award. I concur with the recommendation and respectfully request Mayor and City Council receive and file the arbitration award. �� 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, Human Resources Manager _ �� TI I��I'�t ��" _ _ .. .__ _ _... �� _ _ ,��:«�.<�.�,�,� � � �'� � � a �r�,,�� r �� s # l+v�°��,� �k"��l�� `L� �'��"�� •��i�,7 TO: Michael C. Van Milligen, City Manager FROM: Randy Peck, Personnel Manager SUBJECT: Collective Bargaining Agreement Between fihe City of Dubuque and the Dubuque Police Protective Association DATE: June 27, 2019 On June 6, 2019, an arbitration hearing was held in the impasse between the City of Dubuque and the Dubuque Police Protective Association. The issues at impasse were wages and insurance. The arbitrator awarded the Association's wage proposal which will provide a 3% across the board base wage increase effective July 1, 2019 through June 30, 2020. , The City proposed an increase in the annual out of pocket maximum and co-payments for the medical and prescription drug plan (Attachment A), 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 City's insurance proposal. The Fiscal Year 2020 budget for the Police Deparfiment provides for a 1.5% wage increase on July 1, 2019. The additional cost associated with a 3% wage increase for employees represented by the Police Association for Fiscal Year 2020 is $104,329. The annual savings relafied to the health insurance changes is $93,962; however, since the insurance changes do not go into effect until January 1, 2020, the Fiscal Year 2020 savings related to the health insurance changes is $46,981. The Fiscal Year 2020 net cosfis related to the arbitration award is $57,348, which will be financed from savings related to vacancies in the Police Department that will occur throughout the year. The requested action is for the City Council to receive and file the arbitrafiion award. RP:alk , � IN THE MATTER QF THE INTEREST ARBITRATION �EFORE THE IOWA PUBLIC EMPLOYMENT RELATION5 BOARD ) CITY OF DUBUQUE j Public Emplayer ) ARBITRATION AWARD -and- ) ) DUBUQUE POLICE ) Ruth M. Robinson J. D., MBA PRpTE�TIVE ASSOCIATION ) Arbitrator � Employee Organiaation ) ) � � I� PERB CEO 144/Sector 2 ) Issued: June 2p, 2p19 �', l. Appearances For: Citv af Dubupue 1 For: Dubupue Palice Pratective Associationz Mr. Randy Peck, Persannel Manager Officer Kurt Rosenthal Personnei Manager 770 lowa Street Dubuque City Hall Qubuque, lawa 52Q01 50 West 13t"Street Dubuque, lowa 52001 Also in attendance, DPPA Board members: Carparai Travis Kramer Investigator Nick Schlosser Corporal Luke Bock Officer Chad Crabill 1 Hereinafter"City"or"Employer" Z Hereinafter"Police"ar"Association" K 1 ll.lurisdiction and introduction � This proceeding comes before the undersigned3 pursuant to lowa Code Chapter Z0, as amended in February 2017. The City and the Association are signatories to a current Agreement4 effective from July 1, 2018 through June 30, 2019. Pursuant to Article I, "Recognition" of that Agreement: 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 5, 1969) 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. The parties presented their cases at hearing on June 6, 2019, at City Hall in Dubuque, lowa. Neither party sought subpoena or other evidentiary procedures.The undersigned audio- recorded the hearing.s Each party submitted an exhibit binder6, which were accepted into the record. The parties had full apportunity to pr�sent their cases. Post-hearing filings were neither sought nor subrnitted. The Award herein is based upon the evidence, facts, and arguments of the parties, �rr. eackground The City of Dubuque's estimated population is 58,300, which has remained stable since 19�0.' Dubuque is the 11th (argest (population) city in lowa. By land mass, with 31.35 square miles, it is the 9t" largest lowa city. Lacated in the northeast carner of the state, Dubuque has direct acCess to both Wisconsin and Illinois via bridges across the Mississippi River. Highway access to 'I Dubuque is through four U.S. and twa State routes. '�i Dubuque's Public 5afety$category accounts for expenditures of 42.7%af the City's General Fund. Dubuque's property tax rate of$10.33 per thousand assessed value is second lowest 3 Natified of selection to hear this matter via email from AU Bolte,May 1, 2019 4 Included in the City Exhibit binder 5 As statutorily required 6 The City submission was in two parts,"Exhibifis"and"Narrative" 'DPPA�xhibit binder., p. 1;confirmed with U.S.(2017)census records,extracted online 6/12/19 �"fire,police,ambulance services,9-1-1 dispatch,animal control,building inspections,crime prevention, emergency managernent,flood control,etc." 3rd page af City publications,included in DPPA Exhibit binder. 2 among lowa's eleven cities with populations over 50,0009. 1d According to publications included in the DPPA exhibit binder, Dubuque has received awards and recognition from variaus sources, including; All-American City, 2007, 2012, ZQ13, 2017; # 12 among 30 Best Small Cities in the U.S.; 14th in nation, Forbes' Best Small Places for Business and Careers; One of Ten �est American Cities to Work in Technolagy; 2016 National League ofi Cities 1St Place award for Cultural Diversity; Kiplinger 1 of 10 Great Places ta Live—small and mid-sized cities; 5th of 361 cammunities for economic capacity for resiliency from econnmic adversity; 10t" most secure small city in U.S.;#8 of 10 smartest cities on the planefi. �1 The Dubuque police department's authorized staffing for FY 20 is 111 sworn officers. The current Agreement covers 88 officer positions, including 1S promoted positiQns. Two vacancies currently exist.12 The parties began their negotiations for the July �., 2019 contract when the Association presented its initial proposals on November 16, 2018. Bargainers met four times prior to mediation. The City has self-funded for health claims since FY 17, and utilized a third-party administrator for prescription drug claims beginning in FY 18. The difference in projected costs for health care and prescription drug claims for FY 20 due ta those implemented changes is $4,522,122.13 1V. lmpasse issues and final posi�ion summaries Prinr to and at the beginning of the hearing the advocates agreed upon identification of the issues in dispute as: ' Article XXV Wage Plan ', Article XXI Group Insurance I� I i � i � g Ames,Dubu ue, nken ,West Des Moines Cedar Ra ids,lowa Cit Sioux Cit Daven ort Waterloo Council I q A Y , p� V, Y, p , . Bluffs, bes Moines lo Highest is$1$.38;average of 10 not including Dubuque is$15.15. "Dollars&Cents"15t page of City publications included in DPPA Exhibit Binder 1�Pages 5-8 of City Publications,DPPA Exhibit Binder 12"After hiring 6 new officers in the past month." DPPA Exhibit binder,presented 6/S/19 13 Mr.Peck at hearing resisted the DPPA use of the term"savings"to apply to the$4,522,122 figure,stating instead that the amount represents dollars that would not be required from tax receipts. 3 The parties' respective positians on �rhe above were: City: Associativn: Artide XXV Wage Plan 1.5% aGross-the-board14 3% across-the-board increase increase Article XXI Group Insurance *employees pay 15%af No changes of premium far health/ prescription drug insurance plan in which employee is enrolled *Increased out-of-pocket Maximums, and increased Medical pl�n and Rx drug Ca-payments1s Summaries of the parties' final positions are as follows.16 Association: DPPA has experienced the lawest wage increases among the 20 most populous cities in lowa since FY 08. By an arbitration ruling in FY 19, the Assaciatian received the lowest wage increase for police among the ZO most populous cities. For FY 20 the average wage increase for contract ' settlements (20 mast papulaus cities) is 3.07%, with the lowest (Clinton) at 2.37%. The Cifiy has �', offered minimal wage increases (far below histarical averages for the parties, and well below �'I wage increases in other lowa cities) creating a downward spiral in DPPA rankings among camparable cities. While the City argues that DPPA afficers earn among the highest first year wages and reach tap pay scale soaner compared to other cities, bubuque officers are surpassed by thase in nearly every other city with the addition af years of service. And, higher langevity pay and educatianal benefits in other cities do nat malce up far law base wages. The City's argument for a comparable group nf cities with 20,000 to 60,000 population should carry no weight. Dubuque is the most populous af those cities, and ten of the cities in that group are less than half Dubuque's population. Further, the City primary argument for maintaining claimed wage parity between Police and Firefighters is withaut merit. There is no 1a�fFective July 1,2019 through June 30,2020;no other changes to the Article ls As specifically identified on City Exhibit#1,Attachment A(copy attached) ls griefly summarized; pravision of my summaries is to provide context and for the ease of a reader's understanding of the totality of this Award,and represents no assurance of thoroughness. 4 valid "like work" comparison between the two groups. And, 70%of the 24 firefighter positions are pramoted, campared to 18% of the 74 patrol officers. The institution of 10% contribution (from 0%) to health insurance premiums for DPPA in FY 06 was based upon a 5.4%wage increase, 2.4% of which the City advised was to offset the emplayee new contribution to insurance. The City present position is not a quid-pro-quo. An increase from 10%�01S%was part of an Association offer in bargaining; such a change should not be forced an the Association through arbitration. Any comparison with the other City employees paying 15% is not valid because all except Firefighters no longer can bargain for health care subjects. City: The City affer provides equality of treatment for employees who are "similarly situated."The offer is identical to the wage increase for all City employees for FY 20; further, the City final pasition on health insurance premiums, co-payments, and medical and prescriptian drug out- af-pocl<et maximums is identical to provisions for all other City employees. The City wage offer to DPPA will maintain the 40-year wage relationship of identical maximum rates for the positions of Patrol Qfficer and Firefighter.�' Dubuque Patrol Officer wage rates are "ane of the highest" compared to oth�r lowa cities. Benefit levels for DPPA represented employees are more lucrative than thase received by Patrol Officers in other lawa cities and more lucrative ' than benefits received by other Dubuque employees. I�'i V. St�atutory requirements18 20.22 1. If an impasse persists ten days after the mediator has been appointed, the board shall have I the power, upon request af either party,to arrange for arbitration, which shall be binding . . . ! 3. The submission of the impasse items ta the arbitrator shall be limited to thase items upon which the par�ies have not reached agreement. With respect ta each such item, the � arbitrator's award shall be restricted to the final offers on each impasse item submitted by the � parties to the arbitrator, except as provided in subsection 10, paragraph "b".19 17 See longer explanation,including"All voluntary settlements and almost all arbitration awards have maintained identical maximum wage rates for Police Officer and Firefighter. The Association is now attempting to abandon the wage relationship they have sought to maintain." City Exhibit binder,p. 15 of"Narrative." The City offers detailed history of the Police/Firefighter wage relationship from 1967 through FY 19,pages 20—40 of the "Narrative" 18 Public Employment Relations Act, lowa Code 2019 19 5ubsection 10,paragraph b by its terms applies ta". ..an arbitration involving a bargaining unit that does not have at least thirty percent of inembers who are public safety employees,. ." 5 7. For an arbitration involving a bargaining unit that has at least thirty percent of inembers who are public safety employees, the arbitrator shall consider and specifically address in the arbitrafior's determination, in addition to any ather relevant facfiors, the following factors: a. Past collective bargaining cantracts between the parties including the bargaining that led up to such contracts. b. Comparison of wages, hours, and conditions �f employment of the invalved public employees with those of other public employees doing comparable worl<, giving consideration to factors peculiar to the area and the classifications involved. c.The infierests and welfare of the public, the ability of the public employer to finance econamic adjustments, and the effect of such adjustments on the normal standard of services. 10. a.The arbitrator shall select within fifteen days after the hearing i:he most reasonable offer, in the arbitrator's judgement, of the final offers on each impasse item submitted by the parties. Vl.Analysis and Discuss�on I will address the issues in fihe order stated in the statutory framewark. *In addition to any other relevant factors A relevant factor(in addition to those addressed in "a" though "c" belaw) is retention and recruitment of police officers. The City states that a "valid indicatar" of the competitive nature of the wage and benefit package extended to employees in this bargaining unit is the rate of emplayee turnaver,"and further, that anly 34 employees have voluntarily quit their employment with the City of Dubuque ta accept employment elsewhere: since 1986; the annua) turnover rate due to resignafiion since July 2015 is only 1.8%.�0 I „ II The Association states that since 2008 the retention rate af officers hired by the Dubuque Police Department has only been 58%."Z� And, in 2019 "only 51 applicants toak the Police I'I Department's entrance examination. In '18, 39 applicants took the entrance exam. In '17, 54 � applicants took the entrance examinatian. The ten years prior an average of 104 applicants toak the exam."22 Further quoting from the Association presentation; "When it comes to retention, no one can say that the 19 veteran officers who have left since 2012 would still be employed by the City had wages been Migher. But to say lower 20 City Exhibit binder,p 8,9 of"Narrative" 21 DPPA Exhibit binder,p.2 ZZ nPPA Exhibit binder,p.2 6 wages have not had an impact would be blind thinking. Earning 10% less than someane doing the same job in a city just down the road undoubtedly has an impact on an employee . Even if the wage disparity does not cause an officer to consider or seek new employment ifi is definitely a morale killer."23 While not part of the record in this proceeding, and thus not a basis for my Award herein, it is notable that two lowa law enforcement representatives stated recently that the number of applicants for palice positions has declined by half in the past 10 years. This may be a reflection af a good economy, as well as a result of the length of time (up to a year) that is required for a person to take exams and become certified for a sworn officer position. And, the two law enforcers' opinions are that police agencies "all recruit from the same candidate pool."24 Geographically broad autreach for police pasition applicants is illustrated by ads in the June 15, 2019 Des Moines Register Classifieds for the Polk Caunty Sheriff, Cherol<ee County Sheriff and Webster City. In addition, Crawford County (Sheriff) sought candidates through an ad on June 16, 2Q19. Thus, while a difference of opinion exists between the parties herein as to the relationship between DPPA compensation and recruitment/retenfiian,the interests of the public and of the officers who may be required to "pick up the slack" if pasitions go unfilled are best served through improved compensatian for DPPA. *a. Pasf bargaining contracts between the parties, including bargaining that led up to such ', coni�racfs I The parties have used the statutory impasse resolution process several times in recent years.25 II One must assume that consideration of the "past bargaining contracts . . . including bargaining that led up to such contracts" daes nvt exclude arbitration awards fvrming part(s) of those "past bargaining cantracts." I am not ignoring that past interest arbitration proceedings � between the City and the Police have reco$nized, and often supported the "wage equity" � between police and firefighters.26 And, as the City articulately pointed out, a standard in the � 23 DPPA Exhibit binder,p.107 24 Sheriff Lonny Pulkrabek,Johnson County lowa,and Investigation Division CommanderJoe Liebold, Waterloo, interviewed on"River to River,"lowa Public Radio,broadcast June 11,2019 Z5"This is the fifth time in nine years..."City Exhibit binder,p.S and p. 15 of"Narrative." I sense the City's view of resorting to arbitration is critical. Binding arbitration is understood to be the trade-off, in public sector statutory arrangements,in lieu of the lack of workers'right to strike. Arbitration is thus an appropriate and legitimate mechanism,and a party who seeks to use it,or is forced to use it due to another party's bargaining positions should not be criticized,or punished. z6 This contrasts with the Elkouri reference to a survey of 995 police salary decisions,"With regard to salary comparability the arbitrators referred far more frequently to salaries in other police departments than to salaries in 7 arbitration of interest disputes is "prevailing practice"through which arbitrators ". . . in effect require the disputants indirectly to adopt the end results af the successful collective bargaining or arbitration proceedings of othersimilarly situated parties."27 The Dubuque Firefighter bargaining unit is doubfifully "similarly situated"to the police.z8 Worthy of note and weighing against the City's argument for police/firefighter parity is the comparison of wages of 74 patrol officers to 24 firefighters when 70%of the firefi$hters are promoted positions and 18% of the police are promoted positions.And as discussed hereinafter, fihe City's recent bargaining (starting with ather bargained-for units) apparently was affected by the unusual circumstances of pending manifest legislative changes to Chapter 20.29 While it may be ane important factor to consider, I am unconvinced that under the totality of the circumstances in this matter that firefiighter/palice wage equity should dictate the Dubuque Police officer compensation. One previous impasse proceeding30 between the parties stated that a "labor peace" result was a foundation premise for the City's argument that all five City unions should accept the same wage increase. In general application, "labor peace" infers lacl<of strikes and ather disruptions in the relationship between employers and worl<ers, as apposed to aspects of relationships among and between unions or unionized workers.31 I find nothing in the record herein suggestin�that maintaining police/fire wage parity is needed in order to institute or preserve "labar peace" even if that term is interpreted braadly. ' Elkauri states that it is "generally believed that the best labor-management contracts are those that are negotiated through collective bargaining without autside assistance."�2 It would be , difficult, and foolish, to attempt to argue with the overall validity of that statement. However, , when mediation is cansidered as "outside assistance" the accuracy of the general stafiement is � �', less dear. When wearing a mediator "hat" I fiell parties that they are better off with a resulting I I other occupatianal groups." HowArbitration Works,8th edition,Elkouri&Elkouri(May,ed.)p.22-31. Emphasis mine. 27 HowArbitration Works,St"edition,Elkouri&Elkouri(May,ed.)p. 22-36. Emphasis mine. I I 28 I submit that police and firefighters have similarly dangerous job functions. However,their positions are not truly"comparable."An apt description by the Dubuque police was quoted by Arbitrator Hill in his June 6,2015 Award,at page 6. "Firefighters are rarely victims of violence,with palice officers being assaulted on a daily basis. ... Firefighters and police respond to many of the same emergency calls,but firefighters return to their normal affairs after the injured person has been transported to the hospital,the victim pronounced dead or the accident scene cleared. Police have to carry out the investigatinn,interview parents of a dead infant,notify family of a loved one's death,and investigate the sexual assault of a taddler." Z�DPPA Exhibit binder,p 86-87 3o FY 97 Fact-finding report by D.Cramer,cited at City Exhibit binder, p.35 of"Narrative" 31 I rely upon my direct experience in labor management relations,as well as my academic background teaching HR and LR courses. 3ZHowArbitration Works,8t"edition, Elkouri&Elkouri(May,ed.)p. 22-2 $ mediated deal with which each party is mare or less happy, as apposed to allowing an arbitrator ta rule, with the predictable outcome that one party is more or less happy and the other is more or less unhappy with the result.33 Yet, as stated in footnote 25 above, interest arbitration is an established part of the lowa public sector collective bargaining statufiory process. The City's presentation materials quoted from two prior neutrals' rulings34 in disputes between the parties herein,to the effect fihat "good (abor relations" results when one group of employees can be assured that another group is not going to achieve a "better deal" by holding out or forcing an issue to arbitration. I am troubled by the implication that use of the statutorily established interest arbitratian process appears to be cast as "bad." I respect the City's stated positian,that it has an obligatian to maintain harmonious and cooperative relationships with "all City employees regardless of whether they are represented by a ' bargaining unit."35 The City further states that by the City's practice, consistency in settlements ', results, and represented units "I<now that a bargaining unit is not going to get a better deal by I waiting to be the last bargainin,g unit to reach a settlement."3� Seeking to achieve and preserve consistency is admirable on many bases, and no doubt benefits the City. But, I am troubled by I the result if ifi means that the City enters a "late" bargaining process with less than open and �i full cansideration of the proposals or dem�nds by the late or "hold out" unit. A bargaining pasitian bound by the limits of what was previously agreed ta with a different, non-comparable internal uni�r "just because" af a desire far consistency among and between units may be � problematic. Discussion of the health insurance impasse item can begin with a quote from Arbitrator Nancy Powers as offered by the City.�7 "The task of the arbitrator is to apply arbitration standards in such a way that the solution will be acceptable to bath sides." 38 "Qne way to accomplish this is to decide what the parties would have agreed upon in negotiations." EII<ouri's analysis is i similar. "An interest arbitrator's job is to determine the deal the parties should have reached during negotiations."�9 And, an import�nt guideline is, as the City painted out, referencing � 33 I disagree with that Elkouri statement to the effect that standards by arbitrators in public sector interest disputes � must be applied so that". . ,end result provides a workable solution satisfactory to both sides."From my view, � "workable,"yes,but not necessarily"satisfactory." The footnote to the quoted statement does concede the arbitrator's task is difficult when final offer arbitration is in place. HowArbitration Warks,8t"edition,Elkouri& Elkouri(May,ed.)p. 22-31 �4 City Exhibit binder,p 24,27 af"Narrative" 3s City Exhibit binder,p 28 of"Narrative" 36 DPPA Exhibit binder, p. �.2-1S 37 City Exhibit binder,p. 17 3a gut,see my concerns about mutual acceptability, in footnate 35,above,and on p.9,above 3g HowArbitration Works,8t"edition,Elkouri&Elkouri(May,ed.) p. 22-77,quoting Guides for LaborArbitration 9- 10(1953) 9 opinians af Arbitrators Gailagher and Hiil,to the effect that lnternal consistency is the standard to be followed when health insurance provisions are at issue.40 What the parties herein "would have" or "should have" agreed upon is strpngly indicated by the DPPA statement: "During negotiatians leading up to this hearing,the Association presented an offer to the City that included the insurance changes sought by the City, In return, the Association requested a fair and competitive wage increase." I am clearly thus directed in favor of the City position on health insurance changes. *b. Comparisan of wages, hours, and conditions of emplayment af the involved public emplayees with those af other public empldyees daing camparable work, giving canslderation to factors peculiar to the area and the classifications involved The City and DPPA did not agree on a cnmparability group. The DPpA Exhibit binder41 includes a historical summary, by the Associatian perspective, o�th� use of camparable group data in bargaining between the parties. Historical detail is also provided.42 I agree with the DPPA analysis of the appropriate comparable group 43 I also agree with Arbitratar Perry's statemenfi in his FY 2019 Award, as quoted by the City. "Comparability grouping is not an exact science and arguments made using such comparability graupings should be fiempered with other considerations, not the least of which are bargaining history and internal bargaining camparisons."4a *c. The interests and welfare of the public, the ability of th�public employer to finance ecanomic adjustments, and i�he effect of such adjustments on the narmal standard of services. The City's st�tement regarding "Financial Capabilities" refers to a populatian dedine between 1980 and 201p, with resulting loss af revenues that are per capita based. However,the 2017 papulation is greater than the 57,637 2010 number, On the other side af the cancerns for an inability ta finance econamic adjustments as might be attributable to the positions saught by the Associatian, in the euent such pQsitions were granted in arbitration, City publicatians included in the Associatian exhibit materials include a City"Dollars & Cents" document, citin� Dubuque's second lowest praperty tax rate af lowa's eleven cities with populatians over 50,000. And, $10.33 per thousand dollars of assessed value is stafied as a 2.43%reduction from ao City Exhibit binder,p.45 nl At p.105 ax OPpA Exhibit binder,p. 12-15 43 DPPA Exhibit binder,p. 15 �City Exhibit binder,p.11 of"Narrative" 10 the FY 2019 rate of$10.59. Thus, analysis of the "ability of the public employer to finance economic adjustments" weighs in favor of the Association's positian. The analysis of "standards of service" canceivably includes the matter of the City's ability (or lack thereof)to successfully recruit and compete for police candidates, and/or to retain individuals in police positions. To that point, I have commented upon the recruiting issue above, at pages 6 and 7. Vll. Conclusron and Award The Association offered in its clasing argument that "When an arbitrator is faced with two items to rule on, such as wages and insurance, the easy optian is to split the decision." I would have preferred to have an easy option, and to have had an option for this ruling that would have fully satisfied what both parties sought. But, I am bound by the statute and by application and analysis of the informatian, exhibits, and arguments of the parties. For the reasons stated abave, and after due and full considerafiion of all statutory requirements, and all the evidence, testimony, and arguments of fihe parties, I mal<e the fnllawing determinations as ta the mare reasonable positians on the issues at impasse: Article XXV Wage Plan —3% across-the-board wage increase Article XXI Group Insurance—Increases effective January 1, 2020, pursuant ta the City Exhibit#1/Attachment A, attached hereto Respectfully Submitted, � ` Ruth M. Robinson ! II Date: � �� 2019 Attached: Certification of Service 11 CERTIFICATION of SERVICE I hereby certify that on the 20t" day of June Z019, I served the foregoing Opinion and Award on the following representatives, and to the Public Employment Refations Board by e-mail attachment at their e-mail addresses as nofied below; and further, signed originals were served on the parties and the Public Employment Relations Board at their r spective mailing addresses, by USPS mail with appropriate postage prepaid on � ` �2�19. � /s/ lZMZ Ruth M. Robinson Mr. Randy Peck, Personnel Manager Officer I<urt Rosenthal Personnel Manager 770 lowa 5treet Dubuque City Hall Dubuque, lowa 52001 50 West 13t"Street Dubuque, lawa 52001 krosenth@cityof Dubuque.arg , citypers@cityofdubuque.org ,I AU Susan Bolte PERB 510 East 12th Street Suite 1B Des Moines, lowa 50319 Susan.bolte�«iowa.gov �2 CITY EXHIBIT#1 {�� Arbitration in the matter of ) ) � Dubuque Police Protective ) • Association ) � and � � ) City of Dubuque — Proposal for ) Arbitration ) . The City of Dubuque ) ) . ) ) � � ARTICLE XXV-- WAG� PLAN . Effecfiive July 1, 201�J through June 30, 2020, the wage plan in effect on June 30, 2019 shall be increased by 1.5% across-fihe-board. � All other language of this article shall remain the same. �,_ ARTICLE XXl — GROU� INSURAN�E Effective J�nuary 1, 2020, employees shall pay 15% of the cost of the premium � � established for the he�lfih and prescription drug insurance plan for which the empioyee is , enrolled. � Effective January 1, 2020, the annu�l out of pocket maximums, medical pl�n and � �I prescription drug co-payments shall be moclifi�d �s described in AttachmEnt A, I All other language of this article shali remain the s�me. � , . � I . I � � I i ' • , CITY EXHIBIT#1 �—' ATTACHMENT A MEDICAL PLAN GHANGES EFF'ECTIVE JANUARY 1 2020 � Current Plan Chan e Plan Design In Network Out-of•Network In Network Out-of-Network � AnnualOut-of-Pocket �q.00/$1,200 $750/$2,250 $800/$2,400 $1,500/$4,500 Maximum Office Visit $15 capay $25 copay Speclalty Doctor Visit $15 copay $25 cop�y Outpafient Services $25 copay $40 copay Emergency Room $100 copay $150 copay Urgent Care $25 copay $40 copay PRESCRIPTION DRUG PL.AN CHANGES EFFECTIV� JANUARY �I 2020 � Current plan � Chanye �=,_- ` Plan Design In Nefiwork Out•of- In Networfc Out•of-Nefiwork Network RX - Refiaii $2 Generic $5 Generic � I $5 Brand Name $15 Brand Name � � Formulary Formular � '�� $15 Brand Name Non- $25 Brand Name Non- � Formulary F'ormulary RX— Mail Order $4 Generic $10 Generic $10 Brand Name $30 Brand Name Formulary Formular $3o Brand Name Non- $50 Brand Name Non- Formulary �ormulary r I AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE POLICE PROTECTIVE ASSOCIATION JULY 1, 2019 - JUNE 30, 2020 PREAMBLE This Agreement is made and entered into this first day of July, 2019, 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. 1 B. Public Employee Rights Public employees shall have the right to: 1. Organize, form, join or assist any employee organization. 2. Negotiate collectively through representatives of their own choosing. 3. Engage in other concerted activities for the purpose of collective bar- gaining or other mutual aid or protection insofar as any such activity is not prohibited by this Act or any other law of the State. 4. Refuse to join or participate in the activities of employee organizations, including the payment of any dues, fees or assessment or service fees of any type. ARTICLE III NO STRIKE CLAUSE It shall be unlawful for any public employee or any employee organization directly or indirectly, to induce, instigate, encourage, authorize, ratify or participate in a strike against any public employer. It shall be unlawful for any public employer to authorize, consent to or condone a strike; or to pay or agree to pay any public employee for any day in which the employee participates in a strike; or to pay any increase in compensation or benefits to any public employee in response to or as a result of any strike or any act which violates the first paragraph of this Article. Any other provisions as stipulated in the Public Employment Relations Act, Chapter 20, Code of Iowa, shall be applicable. 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•Ieave 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. 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 Effective July 1, 2019, through December 31, 2019, 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. Effective January 1, 2020, employees shall pay 15% 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 19 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. 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 7/1/2019 through 6/30/2020 Patrol Officer P-01 P-01 Police Corporal P-02 P-02 Police Detective P-02 P-02 - $2,195.20 $2,254.40 $2,373.60 $2,440.00 - $2,535.20 $2,633.60 $2,728.00 - - $2,535.20 $2,633.60 $2,728.00 Police Identification Officer P-03 P-03 $2,444.80 $2,572.80 $2,696.80 $2,829.60 $2,968.80 $3,124.00 Police Sergeant P-03 P-03 $2,444.80 $2,572.80 $2,696.80 $2,829.60 $2,968.80 $3,124.00 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 Tess 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, 2019 and shall remain in full force and effect through the thirtieth day of June, 2020. Negotiations for a succeeding Agreement to become effective on July 1, 2020, shall begin after August 15, 2019, but not Tater than October 15, 2019. Signed this /IV day of DUBUQUE POLICE PROTECTIVE ASSOCIATION PRESIDENT 29 , 2019 CITY OFDUBUQUE, IOWA MAY ATTEST: N FIRNSTA L, CI Y CLERK