Collective Bargaining Agreement_Dubuque Police Protective AssociationTHE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
band
AI -America City
r
2007 • 2012 • 2013
SUBJECT: Collective Bargaining Agreement between the City of Dubuque and the
Dubuque Police Protective Association
DATE: June 9, 2014
Personnel Manager Randy Peck is transmitting the Arbitrator's Opinion and Award
which provides for a 1.5% across the board base wage increase effective July 1, 2014
through June 30, 2015 for the Dubuque Police Protective Association.
IA/1144 ,,,,
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Randy Peck, Personnel Manager
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Randy Peck, Personnel Manager
SUBJECT: Collective Bargaining Agreement between the City of Dubuque and the
Dubuque Police Protective Association
DATE: June4,.2014
On May 8, 2014 an arbitration hearing was` held in the impasse between the City of
Dubuque and the Dubuque Police Protective Association. The only issue at impasse
was wages. The arbitrator awarded the City's wage proposal which will provide a 1.5%
across the board base wage increase effective July 1, 2014 through June 30, 2015.
The arbitration award is consistent with the City Council wage guideline for the Fiscal
Year beginning July 1, 2014 and it is also consistent with the wage increase to be
received by all other city employees on July 1, 2014. The requested action is for the
City Council to receive and file the arbitration award.
Dubuque
AIFMreIiceCilY
111111
2007 •2012 •2013
RP:Imh
In the Matter of Impasse Arbitration )
)
between ) • Opinion and Award
by
CITY OF DUBUQUE, IOWA ) Arbitrator
) Curtiss K. Behrens
and ) dated
) May 29, 2014
DUBUQUE POLICE PROTECTIVE ASSOCIATION )
I. APPEARANCES
For the Association:
Stephen Juergens, Attorney at Law and Spokesperson
Kurt Rosenthal, Patrol Officer
Bruce Deutsch, Patrol Officer
Travis Kramer, Corporal
Jeff Tupper, Patrol Officer
For the City:
Randy Peck, Personnel Manager and Spokesperson
Terry Tobin, Assistant Police Chief
1
4l
II. INTRODUCTION
The undersigned was selected by mutual agreement of the parties to conduct an
impasse arbitration hearing under the statutory impasse procedures of the Iowa Public
Employment Relations Act, Sections 20.19 and 20.22. The hearing was held Thursday,
May 8, 2014 at the Dubuque City Hall, Dubuque, Iowa. The hearing was formally
opened at 10:29 a.m. and closed at 12:30 p.m. after both parties' presentation of evidence
and oral argument. The parties agreed that this opinion and award should be mailed
(postmarked) no later than Monday, June 3, 2014.
III. BACKGROUND
The City of Dubuque (hereafter also referred to as "City" or "Employer") is
located in northeastern Iowa along the Mississippi river and borders the states of
Wisconsin and Illinois. It is the tenth most populous city in the State of Iowa with an
estimated 2012 population of 58,155.1 It has a geographical area of approximately 32.35
square miles, making it the ninth largest city in the State of Iowa. The Dubuque Police
Department has the seventh largest staffing of municipal agencies in the State of Iowa
with 104 sworn and 9 civilian, for a total of 113 personnel. The Dubuque Police
Protective Association (hereafter also referred to as "Association" or "Union"), was
certified by PERB in December of 1975 to represent the Patrol Officers (74 positions)
and Corporals (15 positions) of the Dubuque Police Department.
The parties presented one impasse issue to the arbitrator: wages. The parties
agree that the arbitrator's authority is limited to selecting from one or the other final
offer, and it is the statutory duty of the arbitrator to select the more reasonable final offer.
Association Talking Points, p. 1, citing US Census 2012. It is noted that the City's exhibits on external
comparability list Dubuque as having a population of 57,637.
2
Section 22, Paragraph 9 of the Iowa Public Employment Relations Act directs that the
arbitrator shall consider, in addition to any other relevant factors, the following:
1. Past collective bargaining contracts between the parties including the bargaining
that led up to such contracts.
,2. Comparison of wages, hours and conditions of employment of the involved public
employees with those of other public employees doing comparable work, giving
consideration to factors peculiar to the area and the classifications involved.
3. The interests and welfare of the public, the ability of the public employer to
finance economic adjustments and the effect of such adjustments on the normal
standard of services.
4. The power of the public employer to levy taxes and appropriate funds for the
conduct of its operations.
The undersigned arbitrator has taken into consideration the above criteria in arriving at
this award.
IV. ANALYSIS. AND OPINION OF ARBITRATOR
Both parties are proposing an across-the-board wage increase for a one-year
contract for FY 2015 (July 1, 2014 — June 30, 2015). The City's final offer is for a 1.50%
increase and the Association's final offer is for a 3.0% increase.
The parties are in virtual agreement as to the costs of their respective offers and
the City's ability to pay either offer is not in dispute. The City projects the total
additional cost impact of its offer to be $100,095.57 (for a total percentage increase from
current costs of 1.64%) and the total additional cost impact of the Association's offer to
be $200,191.13 (for a total percentage increase from current costs of 3.28%). (City Ex.
#5)2
2 Association Exhibit #8, calculating costs associated with each party's offers, are slightly higher due to the
methodology they used which assumed maximum possible increases involving holiday pay.
The City stresses internal comparability to argue that the arbitrator should select
its final offer. The City's offer is identical to the across-the-board increase to be received
by employees represented by the Teamsters Union, Firefighters Association, Transit
Union, Operating Engineers Union and all non -bargaining unit employees in Fiscal Year
2015. The employees represented by these four bargaining units and non -bargaining unit
employees will receive a 1.5% across-the-board wage increase effective July 1, 2014. In
addition, the City argues that there has been a historical wage relationship of providing
identical maximum pay rates for the positions of Patrol Officer and Firefighter and the
Association's proposal would destroy this historical wage relationship. (City Narrative,
p. 2 and pp. 15 — 38).
The Association stresses external comparability to argue that the arbitrator should
select its final offer. The Association notes that the parties have no agreed group of
comparability cities to use for external comparability analysis. (Assoc. Ex. #2). As such,
the Association submitted several exhibits comparing Dubuque's police wages with the
fifteen largest cities in Iowa (includes Dubuque). These cities are, in rank order of
population: Des Moines, Cedar Rapids, Davenport, Sioux City, Iowa City, Waterloo,
Council Bluffs, Ames, West Des Moines, Dubuque, Ankeny, Urbandale, Cedar Falls,
Marion, and Bettendorf. Using the concept of "30 -year career earnings," the Association
argues that the Dubuque police unit ranks 14th out of 15 in 30 -year career earnings.
(Assoc. Ex. #3). The Association further argues that while the Dubuque police unit ranks
5th in the comparison group on 1st year earnings, Dubuque drops to 12th on 6th year
eamings and then last (15th) on 11th year, 21St year and 30th year earnings. (Assoc. Ex.
#4). The Association further argues that the average wage increase for FY 2015 in the
comparison group is 2.36% (not including Bettendorf s bonus or Council Bluffs step
increase) and that only two cities report a 1.5% increase for July 1, 2014 (and one of
these cities, Marion, will experience a 135% increase across-the-board on April 1, 2015).
(Assoc. Ex. #5).
For external comparability, the City used Iowa cities with a population of between
20,000 and 60,000 and the City contends that they have been using these cities for its
comparability analysis for fifteen years or more. These cities are: Urbandale, West Des
Moines, Ames, Bettendorf, Ottumwa, Mason City, Clinton, Fort Dodge, Cedar Falls,
Marion, Ankeny, Marshalltown, Muscatine and Burlington. The City argues that
Dubuque pays the highest minimum rate and the highest rate after 2.5 years and has one
of the highest rates after 25 years of those cities in the comparison group. (City
Narrative, p. 12 citing City Ex. #16). The City further argues that only three other cities
in the comparison group provide a separate pay classification for the position of
Corporal/Detective and that Dubuque has the second highest minimum rate, the highest
rate after 1.5 years and the second highest rate after 25 years for this position. (City
Narrative, p. 12 citing City Ex. #17).
The City argues that employees represented by this bargaining unit receive a level
of benefits that are more lucrative than the level of benefits received by police officers in
other Iowa cities and the level of benefits received by other City of Dubuque employees.
(City Narrative, p. 2 and City Exs. #11, #12, #13 #14, #15, #18, #19,#20, #21, #22, #23).
The Association ranked pension benefits with its comparability cities and compared•
employee contributions to insurance as well as a comparison of accrued vacation, holiday
and personal days to argue that the level of benefits are not more lucrative. (Assoc. Exs.
#6, #9, #10, #11). The City reports that the average Fiscal Year 2015 wage increase is
1.65% in its comparison group and that the City's wage proposal of 1.64% is the more
reasonable final offer. (City Narrative, p. 2 and p. 15 citing City Ex. #26).
In September, 2011, the parties went to arbitration before Richard Pegnetter and
used the same comparability cities, respectively, that are being used at today's hearing.
(Assoc. Ex. cited hereafter as "Pegnetter 2011"). At that arbitration, the City's final offer
proposed a zero increase to wages and Arbitrator Pegnetter summarized the City's
position as follows:
The City contends that there are three primary reasons why their proposal
for no wage increase should be selected: One is the comparison of
Dubuque police wages with other police units in similar Iowa cities. The
second is the relative growth of Dubuque police wages within the
economic climate and cost -of -living in Dubuque and Iowa. The third
reason is the comparison of Dubuque police wages with the other
bargaining units within the city of Dubuque. The City submits that the
sum of these arguments mitigates against a wage increase for the 2011-
2012 contract year. (Pegnetter 2011, p. 4).
The Association's final offer proposed a 2% increase to wages and Arbitrator Pegnetter
writes, "In sum, the Association submits that its wage position is supported by basic
salary comparison data from other large cities, by overall compensation comparisons, and
by the increasing work load handled by the Dubuque police unit." (Pegnetter 2011, p. 7).
As such, Arbitrator Pegnetter was tasked with selecting the more reasonable final offer of
0% or 2%. And, for the reasons discussed in his award, Arbitrator Pegnetter awarded the
Association's final offer of 2%.
Although the parties are using the same comparability cities today that they used
before Arbitrator Pegnetter in 2011, that does not automatically result in the
Association's position being the more reasonable final offer. Arbitrator Pegnetter did not
attempt to craft a group of comparability cities to be binding upon the parties. He stated,
"In their data from other Iowa cities, both parties used some form or grouping of larger
city comparisons. The parties have not developed an agreed, consistent group of
comparison cities in their past bargaining history. The comparison groups they presented
here are similar and I will draw analysis from both comparison groups." (Pegnetter 2011,
p. 9). Comparability, internal as well as external, is a dynamic phenomenon from year to
year as well as from one bargaining unit to another as well as from one impasse topic to
another. The undersigned arbitrator will draw guidance from both parties' comparison
groups.
There are seven cities common to both parties' external comparability cities.
Ames and West Des Moines are slightly larger, by population, and Ankeny, Urbandale,
Cedar Falls, Marion and Bettendorf are smaller, by population. Both parties' exhibits
report Ames with a -Fiscal Year 2015 wage increase of 2.25% whereas Association
Exhibit #5 reports the West Des Moines Fiscal Year 2015 wage increase as 2.0% while
City Exhibit #26 reports the West Des Moines Fiscal Year 2015 wage increase as 1.9%.3
Association Exhibit #5 reports Fiscal Year 2015 wage increases for the five smaller cities
as: Ankeny 1.50%, Urbandale 3.25%, Cedar Falls, 2.0%, Marion 1.50% and Bettendorf
1.90%. Averaging these seven cities from Association Exhibit #5 results in a reported
Fiscal Year 2015 wage increase of 2.057%. The undersigned arbitrator also considered
the parties' comparability exhibits by including the five larger/five smaller cities, by
population. This would add Council Bluffs (2.0%), Iowa City (2.2%) and Waterloo
3 City Exhibit #26 explains this discrepancy as being due to health insurance plan changes such as higher
annual out of pocket maximums, higher deductibles, higher co -pays and/or increases in the employees (sic) -
share of the health insurance premium. All but two of the reported cities have this explanation in the City's
exhibit and two cities are reported as having not yet settled.
(2.9%) from Association Exhibit #26 and results in a reported Fiscal Year 2015 average
wage increase of 2.15%. As noted in footnote 113, City Exhibit #26 reports slightly
different (lower) net wage increases due to health insurance changes: Ankeny 1:0%,
Urbandale 1.90%4, Cedar Falls 1.80%; Marion 1.75%5 and Bettendorf 1.50%: As such,
using the City's reported Fiscal Year 2015 wage increases for the seven cities that are in
common, results in an average wage increase of 1.729% and an average wage increase in
the five larger/five smaller cities, by population, of 1.92%.
Only two cities are reported by the Association as having a Fiscal Year
2015 wage increase of 3,0% or greater: Des Moines at 3.25% and Davenport at
3.0%.6 Des Moines is the largest city, by population, in Iowa and Davenport is
the third largest city, by population. (Association Ex. #1). Taken as a whole, the
parties' external comparability exhibits support an award of the City's final offer
on wages.
Arbitrator Pegnetter did not find the City's arguments regarding internal
comparability to be controlling. "Consequently, while given some weight, I do
not find the data from other bargaining units within the City as compelling as
comparison data from similar police units in other Iowa cities." (Pegnetter 2011,
p. 9). The undersigned arbitrator does not disagree with Arbitrator Pegnetter.
" Association Exhibit #5 reports Urbandale as having a 3.25% increase for FY 15 whereas the City reports
Urbandale's increase as 1.9Q0/0. Whether this rather large discrepancy (compared to the other reported
cities) is due solely to the already noted methodology of the City reducing wage increases due to health
insurance plan increases was not specifically discussed at the hearing.
5 The only city which is reported as having a higher FY 15 wage increase by the City than that reported by
the Association is Marion. Reported as 1.75 % in City Exhibit #26 and as 1.50% in Association Exhibit #5.
However, Association Exhibit #5 notes that Marion will experience a 1.35% increase across-the-board on
4/15 and that this was not included in the Association's average calculation of this exhibit.
6 Note the arbitrator's discussion involving Urbandale in footnote #4.
However, in context with the external comparability data in this record, internal
comparability furthersupportsan award of the City's wage offer as being the
more reasonable final offer between the two.
V. AWARD
For the reasons set forth above, the undersigned arbitrator hereby selects the
City's final offer of a 1.50% across-the-board wage increase.
Dated this 29`" -day of May Respectfully submitted,
2014, Evanston, Illinois
Curtiss K. Behrens
Arbitrator.
CERTIFICATE OF SERVICE
I certify that on the 29th day of May, 2014, I served the foregoing Opinion and Award by
Arbitrator upon each of the parties to this matter by mailing a copy to them at their respective
addresses as shown below:
Stephen J. Juergens, Attorney at Law
Fuerste, Carew, Juergens & Sudmeier, P.C.
131 West 8th Street, 200 Security Building
Dubuque, Iowa 52001-6832
Randy Peck, Personnel Manager
The City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001-4864
I further certify that on the 29th day of May, 2014, I submitted this Opinion and Award for filing
by mailing it to the Iowa Public Employment Relation's Board, 510 East 12th Street, Suite 1B,
Des Moines, Iowa 50319.
LA 4,A
Curtiss K, Behrens, Arbitrator
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE POLICE PROTECTIVE ASSOCIATION
JULY 1, 2014 - JUNE 30, 2015
PREAMBLE
This Agreement is made and entered into this first day of July, 2014, 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
ARTICLE XXVI
ARTICLE XXVII
ARTICLE XXVIII
ARTICLE XXIX
WAGE PLAN 26
NONDISCRIMINATION 27
FAIR SHARE FEES 27
SAVINGS CLAUSE 28
DURATION AND NEGOTIATIONS 28
iii
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 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.
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
x 96
960
80
880
320
560
x 50%
280
years of continuous service
sick leave hours accrued per year
sick leave hours
sick leave hours (sick leave used during last 10 continuous
(years of service)
sick leave hours
sick leave hours
sick leave hours
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
8
twenty (20) years of continuous service in a full time position or retired as
a result of a disability and must be eligible for pension payments from the
Municipal Fire and Police Retirement System of Iowa Pension System
immediately upon retirement. In the event a retired employee dies before
all of the unused sick leave is paid, such payment will cease at the time of
the retired employee's death.
ARTICLE XII
PREGNANCY LEAVE
An employee's pregnancy, child birth or related medical condition is regarded as a
temporary disability. The commencement and duration of leave, availability of
extensions, accrual of seniority and other benefits and privileges, reinstatement, and
payment under the City's health insurance, disability insurance or sick leave plan, formal
or informal, shall be applied to a disability due to the employee's pregnancy, child birth
or related medical condition on the same terms and conditions as they are applied to
other temporary disabilities. Sick leave benefits, to the extent of an employee's
accumulated sick leave, shall be granted, if requested by the employee, for the period
that the employee is disabled because of the employee's pregnancy, child birth or
related medical condition. The employee may use other available paid leaves such as
vacation, compensatory time or casual day or a leave of absence without pay during the
period of temporary disability. A leave of absence without pay beyond the period of
temporary disability may be granted in accordance with Article XI, LEAVES OF
ABSENCE, of this Agreement. The employee is responsible for providing timely notice
of the period of leave requested. The City reserves the right to require that the
employee's disability resulting from pregnancy be verified by medical certification stating
that the employee is not able to reasonably perform the essential functions of her
position.
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.
11
3. The employee's request for a specific day shall be given maximum con-
sideration consistent with the conditions set forth below under B, but final
approval is subject to (2) above and denial of the employee's requested date
is not a proper subject for a grievance.
4. Exception to (3) above would only be considered as a proper subject for a
grievance if the employee alleges that the requested date was disapproved
because of arbitrary, capricious or personal prejudice on the part of the
approving authority.
5. The Association recognizes that approval or disapproval of a specific day
must consider the efficient level of service due the general public.
B. Conditions
1. A new employee must have completed at least four (4) full calendar months
of the trial period before June 15th of each calendar year in order to be
eligible during the calendar year.
2. On January 15th of each year, or upon the completion of four (4) full calendar
months of his/her trial period as stipulated in (1) above, one (1) day will be
credited to each eligible officer's compensatory time account.
3. No employee may request a casual day as the day immediately preceding or
following the employee's scheduled vacation period. In the event an
emergency situation arises while an employee is on vacation, and such
employee has not used the casual day, upon written or telephone request the
vacation may be extended one (1) additional day by utilizing the casual day.
4. Under no circumstances shall pay be requested or approved in lieu of the
casual day off with pay.
5. Once a date has been approved for an employee as a casual day it may not
be rescheduled except under the most extenuating circumstances; however,
it is understood and agreed that the right to cancel and reschedule an
employee's casual day is reserved by the department manager or authorized
representative when such extenuating circumstances exist. A date may be
canceled and rescheduled by an employee under extenuating circumstances.
6. Employees assigned to a ten (10) hour work day shall receive ten hours of
pay for the casual day. Employees assigned to an eight (8) hour work day
shall receive eight (8) hours for the casual day. The Association will not
attempt to negotiate an increase in the time off for a casual day from eight (8)
hours to ten (10) hours for employees assigned to an eight (8) hour work day.
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
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
Section 3
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
Master Patrol Officer
Detective
Corporal
Identification Officer
Sergeant
5% of the base rate of pay
5% of the base rate of pay
5% of the base rate of pay
5% of the base rate of pay
4.5% of the base rate of pay
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
21
compensatory time for each full week they are on standby. Standby pay shall not be
considered hours worked for purposes of overtime eligibility. The standby pay provision
applies only to employees assigned to the Dubuque Drug Task Force. Employees who
are on standby, but are not available for work, will not receive standby pay and will be
subject to disciplinary action.
ARTICLE XXIII
WORK BREAKS
Employees may be allowed two (2) coffee breaks during each shift. Each coffee break
shall not exceed ten (10) minutes in length.
An employee shall be allowed one (1) lunch break during each shift. The lunch break
shall not exceed thirty (30) minutes in length.
Employees are not guaranteed work breaks if operational circumstances do not permit.
No additional compensation shall be provided if a work break is missed or interrupted.
Officers working scheduled or unscheduled overtime shall be entitled to one (1) coffee
break per four (4) hours worked.
ARTICLE XXIV
GRIEVANCE PROCEDURE
A grievance is a difference of opinion between an employee or a group of employees, or
between the City and the Association with respect to the meaning, interpretation or
application of any term or terms of this Agreement.
The City is desirous of equitable and prompt adjustment of problems or grievances of the
employees. These shall be settled orally whenever possible between the supervisor and
the employee when the problem or grievance originates.
An employee wishing to exercise the grievance procedure shall be entitled to have
another Association member of his/her choice present as a witness during any
presentation of the grievance to any officer of the department. The witness shall not
become a party to the dispute, but shall serve only as a witness.
22
In the case of duty or shift assignments the aggrieved officer may present the grievance
but shall not be allowed to delay or avoid the assignment beyond that time necessary for
presentation of the grievance to the supervisor responsible for the assignment.
A. Oral Proceedings
Step 1
Within ten (10) calendar days after the alleged grievance has occurred, the
employee and supervisor shall orally discuss the grievance in an attempt to
resolve the issue.
Step 2
The City shall not be obligated to accept a written grievance until such grievance
has been discussed orally between the grieving officer, a supervisor and the Chief
of Police.
B. Written Proceedings
Step 1
A grievance not settled after oral discussion, as outlined above, within seven (7)
calendar days may be reduced to writing and presented to the Chief of Police.
The nature of the complaint shall be clearly defined so that the Chief of Police will
have a fair opportunity to locate the cause of the problem and settle the matter.
The Chief of Police shall answer in writing within seven (7) calendar days after
receipt of the grievance.
Step 2
If the grievance is not settled in Step 1, within seven (7) calendar days after
receiving the answer, a written request may be addressed to the Chief of Police for
a meeting with the City Manager. If the request is denied by the Chief of Police a
written appeal may be sent directly to the City Manager, following written notice to
the Chief of Police of intention to appeal.
Within fourteen (14) calendar days of receipt of request for a meeting or written
appeal, the City Manager or a designated representative (from outside the Police
Department) shall hear matters pertinent to the grievance. The chairperson of the
Welfare Committee or the designee of the Association may be present at the
request of the aggrieved employee or at the request of the President of the
Association. The aggrieved employee may not choose anyone other than the
23
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 Toss of straight time pay, not including
overtime pay. The City shall not be responsible for pay to Association employees
involved in any matter relating to arbitration proceedings or Civil Service
proceedings.
Time limits set forth in this policy may be waived by mutual consent of the principal
parties. Time limits may be waived upon submission of a written statement of
inability to act for good cause and setting forth another date of intended action.
Good cause shall include, but not be limited to, the absence of principals to the
grievance.
If the City does not answer a written appeal within the time limits specified in the written
proceedings, the Association may elect to treat the grievance as a denial of that step, and
24
immediately appeal the grievance to the next step. If the Association fails to file a written
appeal within the time limits specified in the written proceedings, the grievance may be
appealed automatically to the next step.
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 STEP STEP STEP STEP STEP STEP
CLASSIFICATION GRADE A B C D E F
Biweekly Rates - Effective 7/1/2014 through 6/30/2015
Patrol Officer P-01 - $1,964.80 $2,017.60 $2,123.20 $2,182.88
Police Corporal P-02 - - $2,268.80 $2,356.80 $2,440.80
Police Detective P-02 - - $2,268.80 $2,356.80 $2,440.80
Police Identification
Officer
P-03 $2,187.20 $2,301.60 $2,413.60 $2,532.00 $2,656.00 $2,795.20
Police Sergeant P-03 $2,187.20 $2,301.60 $2,413.60 $2,532.00 $2,656.00 $2,795.20
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.
ARTICLE XXIX
DURATION AND NEGOTIATIONS
This Agreement shall be effective the first day of July, 2014 and shall remain in full force
and effect through the thirtieth day of June, 2015. Negotiations for a succeeding
Agreement to become effective on July 1, 2015, shall begin after August 15, 2014, but
not Tater than October 15, 2014.
Signed this /& day of
DUBUQUE POLICE
PROTECTIVE ASSOCIATION
28
, 2014
CITY OF IUBUQUE, IOWA
ATTEST: ,
Vii._ �..`.:....i
6' FIR t•TAHL. CLERK