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HomeMy WebLinkAboutResolution 1977 (05)RESOLUTION NO. S `I1� A RESOLUTION SETTING FORTH THE AGREEMENT BETWEEN THE COUNTY OF ST. CROIX AND THE ST. CROIX COUNTY LAW ENFORCEMENT ASSOCIATION DATED JANUARY 1, 1977. BE IT RESOLVED by the County Board of the County of St. Croix as follows: Section 1. That the Agreement ratified by and through the Personnel Committee of the County of St. Croix and the St. Croix County Law Enforcement Association for the years January 1, 1977 through December 31, 1978, is hereby adopted; That a copy of said Agreement is attached hereto as Exhibit A and incor- porated herein by reference as though fully set forth herein. Section 2. That all resolutions or parts of resolutions contravening the provisions of this Resolution and Agreement are hereby repealed. Section 3. That if any part or parts of this Resolution and Agreement are invalid, it shall not invalidate the entire Resolution and Agreement. Section 4. That this Resolution and Agreement shall take effect and be in force from and after its passage and publication, and all wages shall be paid in accordance with said Agreement from January 1, 1977. This Resolution was introduced at a regular meeting of the County Board of the County of St. Croix, held this 12th day of January, 1977. Introduced by Personnel Committee: ' t,--C�- Milton Meinke, Chairman Wi l.�i am Ward Lawrence Blakeborough m ry LoVlse Na i i en Harold J. StacY Seymour Dahm Passed and approved this 12th day of January, 1977. Orman E. Anderson, County Board Chairman ATTEST: -� F. Verna Stohlborg, County Clerk Prepared by: Mark L. Olson, Attorney at Law THIS AGREEMENT, County, and the ' entered into by and between St. Croix County, hereinafter St. Croix County Law Enforcement Association, hereinafter County recognizes Association, its agents, representative, or successors, as thl" exclusive bargaining agent for all full time law enforcement personnel employed by St. Croix County, excluding supervisors, -the Sheriff's personal secretary, and all other employees of the municipal employer. ARTICLE II -- PROBATIONARY PERIOD BARGAINING UNIT WORK Section 1. New employees shall work under the terms and conditions of this agreement but shall be employed for the first six months as a probationary employee. During the probationary period, employees may be discharged without recourse, provided, however, that said discharge shall not be done for purposes of evading this agreement or discriminating against members of Association. Upon successful completion of the probationary period, the employee shall beco a permanent employee with all rights and privileges accorded him by this agree ment, with seniority going back to the date of hire in a classification within this bargaining unit. Section 2. All work presently performed by baHaining unit employees shall continue to be performed by Association members throughout the term of this agreement or extensions hereof. The current level of use of part-time employe, is not in conflict with this section. Section 3. New full time employees in the Investigator and Patrolman classifi- cation shall complete 240 consecutive hours of training within two (2) years of being hired, or such other Minimum Standard as may be prescribed by the State of Wisconsin, unless waived by the State upon showing of prior equivalent training. Section 4. Newly hired employees may be required, as a condition of employment, to relocate and maintain' their residence during their term of County employment in a County specified school district within the County. Said relocation shall be accomplished within one year after date of hire. Section 1. County possesses the sole right to operate County government and a management rights repose in it. subject to the provisions of this agreement an applicable law. These rights include, but are not limited to, the following: I A. To direct all operations of County Government. B. To establish reasonable work rules, providing that same are distribut to each member of the bargaining unit at least 30 days prior to implementation. i C. To hire, promote, schedule and assign employees in positions within the bargaining unit. D. To suspend, discharge, or take other disciplinary action against employees for just cause as hereinafter provided. E. To increase or reduce the work force. F. To take action necessary to comply with Federal or State law. G. To introduce new or improved methods or facilities or to change existing methods or facilities. 1. To take whatever action is necessary to carry out the functions of County Government in situations of emergency for so long as said emergency exists providing that no member of the bargaining unit shall suffer economic loss from said action. J. To contract out for goods and services, provided, however, that enforcement of this right shall not result in any reduction of normal bargaining unit work nor in layoff of bargaining unit personnel. Section 2. County agrees that no employee covered by this agreement shall be -changed in classification or reduced in rate of pay through the exercise of said rights unless as otherwise provided herein. The parties agree that this section does not apply to layoff, discipline or discharge. Except as provided by this,agreement, County agrees that all reasonable condi- tions of employment in existence at the signing of this agreement shall be - -maintained at not less than the highest minimum standards and the conditions of employment shall be improved wherever specific provisions for changes are made elsewhere'in this agreement. County unqualifiedly agrees to bargain with Association regarding any changes which occur in the wages, hours, or conditions of employment relating to em- ployees under this agreement during the term of this agreement. Section 1. Seniority shall be the continuous length of service with County in the bargaining unit commencing with the first hour and date of work and in- cluding time for vacations, leaves of absence, sick leave, temporary lay off due M to lack of work, military service as prescribed by law, leave due to employment related accident or illness, or by mutual agreement. Section 2. Seniority lists shall be maintained for each job classification and shall be used for purposes of layoff, recall, selection of shifts, vacation schedulings or resolution of any other such dispute between equally qualified employees. Section 3. The department heads maintain the right to determine qualifications of employees which, under this section, shall mean capability of performing work. ARTICLE VI -- WORK WEEK - CALL IN PAY Section 1. Scheduling of the work week shall be determined by the department head. Normal work days shall consist of 8 hours per day. Section 2. Scheduled days of work shall, to whatever extent is practicable, be evenly applied to all members of a job classification. In the event that employees within the classification cannot mutually agree as to shifts of work, departmental seniority shall be utilized providing . that the more senior employee is capable of doing the job. Section 3. In the event that an employee is called in to work for a Court appearance or for other duties before or after his regularly scheduled 8 hours #!r a day when he is not scheduled to work, he shall receive one and one-half times his regular hourly rate of pay for all time worked except that he shall be guaranteed a minimum of 7 hours pay at said premium rate. Section 4. Officers attending service connected schools, as approved by the County, are to be compensated in the manner as if they were present for duty. No overtime shall be paid for service school attendance and days off shall be adjusted to allow an employee compensatory time off if school attendance is required on a regularly scheduled day off. No overtime will be paid for hours worked by investigators, patrol officers, and juvenile officers, over 8 hours in a day when such extra time is required because of emergency, professsion- alism,.or demands of the service, and said extra time does not involve a call in to work prior to scheduled hours or called back to work after the officer has left duty. In lieu of such overtime compensation, investigators, patrol officers, and juvenile officers shall be granted a.monthly fee of $30.00 per employee. No call in pay will be paid for departmental squad meetings when such meetings are reasonably called outside an officer's regular tour of duty and the fre- quency of said meetings remains at approximately the level existing at the time of ratification of this agreement. Section 5. Employees working in the classifications of clerk -matron and radio - dispatcher shall receive overtime pay of one and one-half the normal rate for all work in excess of 8 hours in a day or 40 hours per week. It is understood, however, that the clerk-matron's duties as matron are to be considered separately from her duties as clerk for the purposes of computation of overtime hours. The clerk -matron shall be guaranteed a minimum of 2 hours cal] in pay if called in for matron duties at times other than scheduled hours. Pay for matron duty shall be at the same rate as part-time deputies. M F,11210114=39�01604 Id I �, shall ka c"c-,- Section a. V employee %,UY,-VnA J +ki� agreement cFanAaA n charged without just cause. The question as to what conduct constitutes cause" is a proper subject for the grievance and arbitration provisions Contract. di s- "just of this Section 2. No employee shall be suspended or discharge for any reason unless he is provided with a written statment, giving a full and complete explanation for his suspension or discharge, within 72 hours. ARTICLE VIII -- GRIEVANCE - RESOLUTION OF DISPUTES A. Definition of a Grievance: A grievance shall mean a dispute concerning the interpretation or application of this Contract. B. Subject Matter: Only one subject matter shall be covered in any one grievance. The written grievance shall contain the name and position of the grievant, a clear and concise statement of the grievance, the issue involved, the relief sought, the date the incident or violation took place, the specific section of the agreement alleged to have been violated, and the signature of the grievant and the date. These requirements are for the purposes of specificity and ease of grievance handling; inadvertent failure to adhere to these requirements shall not be used for the purposes of defeating a grievance which complies with the requirements of this article in all other respects. Forms for grievances shall be provided by the County consistent with the requirements of this section. Nothing shall preclude a grievant from filing, on separate forms, more than one grievance at Any one time. C. Time Limitations:- If it is impossible to comply with the time limits specified in the procedure because of work schedules, illness, vacations, etc., these limits may be extended by mutual consent in writing. D. Settlement of Crievance: Any grievance shall be considerEd settled at the completion of any step in the procedure, if all parties concerned are mutually satisfied. Dissatisfaction is implied in recourse from one step to the next. Step l.: The employee, alone or with his representative, shall orally explain his grievance to his immediate supervisor no later tha seven (7) calendar days after he knew or should have known of the cause of such grievance. In the event of a grievance, the employee shall continue to perform his assigned work task duri processing of the grievance. The employee's immediate supervisor shall, within 10 calendar days, inform the employee in writing, and the Association representative where applicabl of his decision. The supervisor shall forward a copy of the grievance and his answer to the County Supervising Committee. M Step 2: If the grievance is not settled at the first step, the employee and/or his representative shall prepare and file a written grievance on forms supplied by the County with the County Supervising Committee within 5 calendar days. The County Supervising Committee will further investigate the grievance and submit its decision to the employee and his representative in writing within 30 calendar days after receiving i.,,ritten notice of the grievance. 1. Arbitrator: Any grievance which cannot be settled through the above procedures may be submitted to a single arbitrator to be resolved as follows: If the grievance is not resolved at Step 2, the parties shall jointly, within 10 calendar days of the decision of the County Supervising Committee, request that the Wisconsin Employment Relations Commission appoint a member of its staff as arbitrator. If such appointment is unacceptable to either party, the parties shall jointly request the Wisconsin Employment Relations Commission to a prepare a list of 5 impartial arbitrators. The Association shall then strike 2 of the parties on the slate, and the County shall strike 2 of the remaining parties on the slate. The arbitrator remaining on the slate after the strikes shall then be notified of his appointment as ar- bitrator in a joint statement from the County and the Association. 2. Arbitration Hearing: The arbitrator selected or appointed shall meet with -the parties at a mutually agreeable date to review the evidence and hear testimony relating to the grievance. Prior to the taking of testimony, both parties agree to utilize the services of the arbi- trator in an attempt to mediate a resolution of the dispute. In the event that the dispute is resolved without the necessity of the arbitrator making a decision, no formal written statement shall be necessary. However, if a decision by the arbitrator is necessary, it shall be in writing and shall be binding on both parties. 3. Costs: Both parties shall share equally the costs and expenses of the arbitration proceeding, including transcript fees and fees of the arbitrator. However, if only one party demands a transcript, that cost shall be paid fully by the party demanding the transcript. Each party shall bear its own costs for witnesses and all other out of pocket expenses, including possible attorney's fees. Testimony or other participation of employees shall not be paid by the County, unless the employee in question is called during his or her working hours to testify on behalf of the County. The arbitration hearing shall be conducted in the County Courthouse. 4. Transcript: In the event the arbitrator requires a transcript, such costs shall be mutually shared by both parties. M 5. Decision of the Arbitrator: The decision of the arbitrator shall be limitedtothe subject matter of the grievance and shall be restricted solely to interpretation of the contract in the area where the alleged breach occurred. The arbitrator shall not modify, add to or delete from the express terms of the agreement. 6 A All employees covered by this agreement shall receive 8 full days pay as Holiday Pay, to be paid in a separate payment on or before December 10th of each year. Holiday pay is in addition to the regular pay received by an employee in the event that he is scheduled to work on any of the following Holidays: Christmas Eve Day, New Years Day, Easter, Memorial Day, July Fourth, Labor Day, Thanksgiving, and Christmas. ARTICLE X -- VACATION Section 1. All employees covered by this agreement shall accumulate vacation days pursuant to the following schedules: (a) Employees with less than one year of employment with County at 1/2 day of vacation per month completed. (b) Employees with more than one year of employment with County but less than five years employment, at one day of vacation per month completed. (c.) Employees with more than five years of employment with County,, at 1-1/2 days of vacation per month completed. (d) Employees with more than eighteen years of employment with County, at 1-3/4 days of vacation per month completed. The scheduling of vacation periods and the number of employees on vacation at any given,period shall be determined by the department heads of the requesting employees. Requests for vacation shall be made at least 30 calendar days prior to the first day of the period requested, at which time the department head will -advise the employee as to whether the proposed vacation is acceptable. However, this requirement may be waived by the department head if circumstances so warrant. Section 2. Vacation for an employee shall not be cumulative from year to year except with approval of the department head, which shall not be unreasonably withheld. Accumulated vacation carried over shall not exceed 6 days. Section 3. Upon termination of employment, employees shall be entitled to ac- cumulated unused vacation pay. In the event the empl'byee severs the employment relationship, failure to give a 10 day notification before such termination shall result in loss of accrued vacation benefits. IN ARTICLE XI -- MEDICAL INSURANCE The County shall provide a contribution of $50.00 per month, in 1977, and $60.00 per month, in 1978, toward each employee's health insurance program. County agrees that it will analyze present group health coverage and provide repre- sentatives of Association with all data resulting from said analysis regarding coverage and rates available, from a representative number of health carriers. County agrees to cooperate with Association in obtaining not less than existing coverage at the lowest possible rates. ARTICLE XII -- SICK LEAVE Section 1. Sick leave shall be accumulated at the rate of one -day per month, with a maximum accumulation of 60 days. Employees shall be paid while on sick leave, at their regular rate of pay. Employees shall, upon request, provide a doctor's verification for illnesses in excess of 3 days. If County desires a doctor's verification earlier than 3 days, employee shall be entitled to see the doctor of his choice with all expenses associated with said visit to be paid by County. Employees who are sick and unable to report to work shall notify the County 1 hour prior to the start of their scheduled shift, unless such advance notice is precluded by emergency. Sick leave shall cover necessary absences from duty because of illness, bodily injury, or absences from employment because of exposure to contagious disease of the employee or any member of the employee's household. County will grant reasonable sick leave for absences from duty on a scheduled work day necessitated by illness or injury of a spouse, child, mother or father, provided sick leave is available, and provided the employee gives satisfactory evidence of illness or injury, and that the employee's attendance is required. Employees who are returning from an illness or injury which has necessitated the use of accumulated sick leave shall be assigned such light duty as they are capable of performing until they are fully recovered, where such light duty is available in the discretion of the department head. Section 2 Funeral leave of up to 5 days shall be granted for a member of the immediate family (spouse, mother, father, sister'- - brother or children). The number of days in excess of the first 3 paid days shall be deducted from accumulated sick leave. Funeral leave of up to 2 days shall be granted for relatives of the employee (mother-in-law, father-in-law, sister-in-law, brother-in-law, or any relative residing with the employee in the same house). These days shall be deducted from sick leave. Employees shall receive funeral leave pay at their base hourly rate for those days of work actually lost, not for those days an employee is not required to report for work. ARTICLE XIII -- CLOTHING ALLOWANCE Bargaining unit employees shall be provided with uniforms, weapons, and non- uniform articles of clothingonan-as needed basis, with due consideration given to the joint desire of the parties to maintain the highest standards of professionalism. The Juvenile Deputy Sheriff shall be granted a clothing allowance of $150.00 per year, payable in two installments in lieu of uniform maintenance® ARTICLE XIV -- RETIREMENT County agrees to pay the employees' contribution of 6% of the employee's total earnings to the Wisconsin Retirement Fund Plan on behalf of juvenile officers, investigators, and patrol officers, and 5% of total earnings on behalf of jailers, dispatchers, and clerk -matron. County agrees that it will maintain the current policy of employees' use, of automobiles provided, however, that employees hired subsequent to January 1,, 1976, will be reviewed by County at the time they are hired to determine the applicability of automobile usage. It is the intent of the parties that once .the determination to grant an employee use of a County automobile is made, the County shall not revoke such automobile usage without review by the County 'Supervising Committee. Section 1. Employees are prohibited from engaging in political activity while on scheduled duty. Section 2. Qualifications for new employees will, in part, be based upon Wisconsin Statutes 165.85. -Section 3. When County deems it necessary to fill a position in County Law Enforcement, bargaining unit employees will be notified in writing and given opportunity to apply. T Any employee entitled to accrue sick leave under the provisions of this agree- ment who is incapacitated by reason of injuries or illness resulting from his or her employment shall be entitled to receive his or her established rate of compensation without deduction from accrued sick leave, when recommendation for such payment is made by the department head and is approved by the County Board. Such payments may continue for a maximum period of 6 months. After a period of 6 months, the employee may continue to use any sick leave earned and unused during his or her entire period of service. No payment under the provisions� of this section shall be approved until a physician has examined the employee and certified that he or she is unable to work by reason of illness or injury incurred in line of duty. Further examinations shall be made during the period of disability as frequently as believed necessary by the County. Benefits paid under the Workmen's Compensation Act for total temporary disability shall, in turn, be assigned over to the County. ARTICLE XVIII -- SAVINGS CLAUSE If any article or section of this agreement or any addendum thereto should be held invalid by operation of the la,,r or by any tribunal of competent juris- diction, or if compliance with or enforcc-T.ent of any article or section should be restrained by such tribunal, the remainder of this agreement and addendums shall not be affected thereby. ARTICLE XIX -- ENTIRE PIEMORANDUM OF AGREEMENT This agreement constitutes the entire agreement between the parties and no verbal statements shall supersede any of its provisions. Any amendments sup- plemental hereto shall not be binding upon either party unless executed in writing by the parties hereto. ARTICLE XX -- WAGES - JOB CLASSIFICATIONS Section 1. gages are based upon job classification and length of service. The wage schedule set forth in Appendix A shall apply during the term of the agreement. Section 2. For purposes of wage computations, length of service shall include service with other law enforcement agencies for which credit, not to exceed one year, has been given by the County at the time of hire. Section 3. Length of service increases shall be given upon completion of the required time period, commencing on the pay period next following the employee's anniversary date. ARTICLE XXIX -- EFFECTIVE DATE - DURATION - TERMINATION Section 1. This agreement shall be in full force and effect from January 1, 1977 to and including December 31, 1978. The parties agree to reopen negotiations for 1978 on the following topics: wages, County contribution to the Wisconsin Retirement Fund, and one fringe benefit to be chosen by the Association and designated in the Association's reopener notice to the County. Such notice shall be due on or before October 1, 1977. Section 2. The parties shall arrange to meet within 30 days of receipt of the notice called for in Section 1. Executed this day of , 1976. ST. CROIX COUNTY ST. CROIX COUNTY LAW ENFORCEMENT ASSOCIATION By: By: M APPENDIX A Length of Service Clerk-flatron Radio -Dispatcher Juvenile Officer - Comprised _ _ Patrol-Investi ator START $680 $ 906 a 975 6 months 687 933 1,001 1 year 712 960 1,027 2 years 717 965 1,053 3 years 722 970 11080 -4 years 728 976 1,106 5 years 733 981 1,132 6 years 738 986 1,137 7 years 743 991 1,143 8 years 749 4997 1,148 9 years 754 1,002 1,153 10 or more years 759 1,007 1,158