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HomeMy WebLinkAboutItem 06.s Date: Item No. Labor Agreement between the City of Lakeville And Law Enforcement Labor Services, Inc. Local No. 177 for Sergeants Proposed Action Staff recommends adoption of the following motion: Move to approve the labor agreement between the City of Lakeville and Law Enforcement Labor Services, Inc. Local No. 177 for 2018 and 2019. Overview A two-year agreement has been reached with the Sergeant’s union which will take effect on January 1, 2018 and continue through December 31, 2019. This agreement will provide a 3% increase to wages effective January 1, 2018; a .5% increase effective December 17, 2018; and a 3% increase effective January 1, 2019. The agreement also provides health insurance rates identical to the non-union employees. Additional items include a $.60 per hour night shift differential and a $50 annual increase for uniform allowance. The Personnel Committee has reviewed the agreement and is recommending its approval. Primary Issues to Consider • How does the proposed wage increase compare to comparable cities? The average increase of those contracts that are settled is 3% per year. Supporting Information • Labor Agreement for 2018 - 2019 Financial Impact: $ Budgeted: Y☒ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Tammy Schutta, HR Manager November 2, 2017 21,000 for 2018 Various Funds LABOR AGREEMENT BETWEEN CITY OF LAKEVILLE, MINNESOTA AND LAW ENFORCEMENT LABOR SERVICES, INC. (LOCAL NO. 177) SERGEANTS Effective January 1, 2018 through December 31, 2019 i TABLE OF CONTENTS ARTICLE 1. PURPOSE OF AGREEMENT……………………….. Page 1 ARTICLE 2. RECOGNITION……………………………………… Page 1 ARTICLE 3. DEFINITIONS………………………………………... Page 1 ARTICLE 4. MANAGEMENT RIGHTS………………………….. Page 2 ARTICLE 5. UNION SECURITY…………………………………. Page 3 ARTICLE 6. SAVINGS CLAUSE…………………………………. Page 3 ARTICLE 7. GRIEVANCE PROCEDURE………………………… Page 3 ARTICLE 8. DISCIPLINE………………………………………….. Page 5 ARTICLE 9. PROBATIONARY PERIOD…………………………. Page 6 ARTICLE 10. SENIORITY………………………………………….. Page 6 ARTICLE 11. WORK SCHEDULE…………………………………. Page 8 ARTICLE 12. TIME CARDS/REPORTS…………………………… Page 9 ARTICLE 13. SALARY SCHEDULE………………………………. Page 9 ARTICLE 14. OVERTIME………………………………………….. Page 9 ARTICLE 15. COMPENSATORY TIME/USE-SERGEANTS…….. Page 10 ARTICLE 16. COURT TIME-SERGEANTS………………………... Page 10 ARTICLE 17. CALL BACK TIME – SERGEANTS………………... Page 11 ARTICLE 18. STANDBY PAY – SERGEANTS…………………… Page 11 ARTICLE 19. INSURANCE, MEDICAL, LIFE AND DENTAL…... Page 11 ARTICLE 20. FALSE ARREST INSURANCE……………………... Page 12 ARTICLE 21. TUITION REIMBURSEMENT……………………… Page 12 ARTICLE 22. VACATION/USE…………………………………….. Page 13 ARTICLE 23. HOLIDAYS…………………………………………... Page 13 ARTICLE 24. SICK LEAVE………………………………………… Page 14 ARTICLE 25. PAID TIME OFF…………………………………….. Page 14 ARTICLE 26. PARENTING LEAVE……………………………….. Page 17 ARTICLE 27. SEVERANCE PAY………………………………….. Page 17 ARTICLE 28. INJURY ON DUTY………………………………….. Page 18 ARTICLE 29. FUNERAL LEAVE………………………………….. Page 18 ARTICLE 30. LEAVE OF ABSENCE WITHOUT PAY…………… Page 18 ii ARTICLE 31. JURY DUTY…………………………………………. Page 19 ARTICLE 32. UNIFORMS………………………………………….. Page 19 ARTICLE 33. PERSONAL PROPERTY REIMBURSEMENT…….. Page 19 ARTICLE 34. WAIVER……………………………………………… Page 20 ARTICLE 35. LONG-TERM DISABILITY INSURANCE………… Page 20 ARTICLE 36. DRUG AND ALCOHOL TESTING POLICY………. Page 20 ARTICLE 37. LICENSE PAY……………………………………….. Page 20 ARTICLE 38. DURATION………………………………………….. Page 20 EXHIBIT A – INVESTIGATOR/SERGEANT – UNIFORMS………….….. Page 22 DRUG AND ALCOHOL TESTING POLICY…………………….………… Page 23 1 ARTICLE 1. PURPOSE OF AGREEMENT This Agreement is entered into between the City of Lakeville, hereinafter called the Employer, and Law Enforcement Labor Services, Inc., hereinafter called the Union, on behalf of the Employees of Local No. 177. It is the intent and purpose of this Agreement to: 1.1 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of performance that is consistent with the well-being of all concerned. 1.2 Establish the full and complete understanding of the parties concerning the terms and conditions of this Agreement. 1.3 Establish procedures to orderly and peacefully resolve disputes as to the application and interpretation of this Agreement. 1.3.1 Place in written form the parties’ Agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for the purpose of meeting and negotiating the terms and conditions of employment for all police personnel in the classification of Sergeants who are public employees within the meaning of Minnesota Statute 179A.03, subd. 14, excluding confidential employees. 2.2 In the event the Employer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3. DEFINITIONS 3.1 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.2 UNION OFFICER: Officer elected or appointed by the Law Enforcement Labor Services, Inc. Employees’ Union, Local No. 177 to act on behalf of the Union. 3.3 UNION: The Law Enforcement Labor Services, Inc. Employees’ Union, Local No. 177. 3.4 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc. Employees’ Union, Local No. 177. 3.5 DEPARTMENT: The Lakeville Police Department. 2 3.6 EMPLOYER: The City of Lakeville, Minnesota. 3.7 EMPLOYER DESIGNATED REPRESENTATIVE: A person designated by the Employer to act on its behalf. 3.8 CHIEF: The Chief of the Lakeville Police Department. 3.9 LIEUTENANT: An employee promoted to job classification and/or job position of Lieutenant. 3.10 SERGEANT: An Employee promoted to job classification and/or job position of Sergeant. 3.11 OVERTIME: Work performed at the express authorization of the Employer or the Employer Designated Representative in excess of the Employee’s scheduled shift. 3.12 SCHEDULED SHIFT: A consecutive work period including rest breaks and lunch break. 3.13 REST BREAKS: Periods during the scheduled shift when the Employee remains on continual duty and is responsible for assigned duties. 3.14 LUNCH BREAK: A period during the scheduled shift when the Employee remains on continual duty and is responsible for assigned duties. 3.15 STRIKE: Conceded action in failing to report for duty, the willful absence from one’s position, the stoppage of work, slow-down, or abstinence in whole or in part from the frill, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. 3.16 PROMOTION: A change in job classification which results in an increase in pay. 3.17 EMERGENCY: An emergency is defined as an unforeseen occasion not controllable by the Employer or the Employer’s Designated Representative. ARTICLE 4. MANAGEMENT RIGHTS 4.1 The Employer and L.E.L.S. recognize and agree that except as expressly modified in this Agreement, the Employer has and retains all rights and authority necessary for it to direct and administer the affairs of the Police Department and to meet its obligations under Federal, State, and Local law, such rights to include, but not limited to, the right to operate and manage all manpower, facilities and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules. 3 ARTICLE 5. UNION SECURITY 5.1 The Employer shall deduct from the wages of Employees who authorize such deduction in writing an amount necessary to cover monthly Union dues. Such moneys shall be remitted as directed by the Union. 5.2 The Union may designate Employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward or alternate. 5.3 The Employer shall make space available on the Employee bulletin board for posting Union notice(s) and announcement(s). 5.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 6. SAVINGS CLAUSE 6.1 This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Lakeville, Minnesota. In the event any provisions of this Agreement shall be held to be contrary to law by a court of competent jurisdiction, or administrative ruling or is in violation of legislation or administrative regulations either party may request that the other party meet and negotiate over amendments to or a substitution for the invalidated provision. In such negotiations, the rights and obligations of the Union shall be subject to the provisions of Minn. Stat. §179A.06, and the rights and obligations of the Employer shall be subject to the provisions of Minn. Stat. §179A.07. ARTICLE 7. GRIEVANCE PROCEDURE 7.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 7.2 UNION REPRESENTATIVES The Employer will recognize Representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union Representatives and of their successors when so designated. 7.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall, therefore, be accomplished during 4 normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and Union Representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the Employee and the Union Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 7.4 PROCEDURE Grievances, as defined in Section 7.1, shall be resolved in conformance with the following procedure: Step 1. An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Employee’s supervisor as designated by the Employer. The Employer Designated Representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer Designated Representative’s final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer Designated Step 2 Representative. The Employer Designated Representative shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer Designated Representative’s final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 2A. If the grievance is not resolved at Step 2 of the grievance procedure, the parties, by mutual Agreement, may submit the matter to mediation with the Bureau of Mediation Services. Submitting the grievance to mediation preserves time lines for Step 2 of the grievance procedure. Step 3. A grievance unresolved in Step 2 and appealed to Step 3 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the “Rules Governing the Arbitration of Grievances” as established by State Law. 7.5 ARBITRATOR’S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this Agreement. The arbitrator shall 5 consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator’s decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator’s interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator’s services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 7.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered “waived.” If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer’s last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to take the grievance to the next step. The time limit in each step may be extended by mutual written Agreement of the Employer and the Union in each step. ARTICLE 8. DISCIPLINE 8.1 The Employer or the Employer’s Designated Representative will discipline Employees for just cause only. 8.2 Discipline a) Oral reprimand b) Written reprimand c) Suspension d) Demotion e) Discharge Will be in one or more of the following forms: 8.3 Suspensions, demotions and discharges will be in written form. 8.4 Written reprimands, notices of suspension, and notices of discharge which are to become part of an Employee’s personnel file shall be read and acknowledged by 6 the signature of the Employee. Employees and the Union will receive a copy of such reprimands and/or notices. 8.5 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the Employer or the Employer’s Designated Representative. 8.6 Discharges will be preceded by a five (5) day suspension without pay except in cases of Veterans as defined by MSA 97 et seq. 8.7 Employees will not be questioned concerning an investigation of disciplinary action unless the Employee has been given an opportunity to have a Union representative present at such questioning. 8.8 Grievances relating to this Article shall be initiated by the Union in Step 2 of the grievance procedure under Article 7. 8.9 An employee may request a review of prior written discipline or suspensions with the Chief of Police after a period of three years have passed with no same or similar incidents. The Chief of Police will have the ultimate discretion to remove the discipline from the employee’s file or require that it remain in the personnel file. ARTICLE 9. PROBATIONARY PERIOD 9.1 The probationary period for new Employees or rehired former Employees covered under this Agreement shall be twelve (12) months. At any time during this probationary period the Employee may be dismissed at the sole discretion of the Employer if performance is unsatisfactory. 9.2 The probationary period for Employees who are promoted to the position of Sergeant shall be twelve (12) months. During the probationary period for promoted Employees, the Employer may assign the Employee to his/her former position at the sole discretion of the Employer. 9.3 During the probationary period of a newly hired, rehired or promoted Employee, the Employer or the Employer Designated Representative may assign an Employee to shifts for the duration of probation. ARTICLE 10. SENIORITY 10.1 DEPARTMENTAL SENIORITY shall be defined as a regular, full-time Employee’s length of continuous service with the City as a sworn Police Officer since his/her last hiring date. “Last hiring date” means the date upon which an Employee first reported for work in the Police Department as a sworn Police Officer since which he/she has not quit, retired, been transferred outside the Department or been discharged. 7 10.2 CLASSIFICATION SENIORITY shall be defined as a regular, full-time Employee’s length of continuous service with the City under each classification, i.e. Sergeant. Employees shall not attain classification seniority until the completion of the probationary period in the classification, at which time seniority classification shall relate back to the most recent date of promotion or reclassification. 10.3 Where two or more Employees in the same classification were promoted on the same date, then length of total service with the Police Department shall determine their seniority in the classification. If length of total service with the Police Department is also the same, then seniority will be determined by lottery and method determined administratively. 10.4 An Employee shall forfeit seniority rights only for the following reasons: A. The Employee resigned and has not been reinstated within two (2) years of the day of resignation; B. The Employee is dismissed, with just cause, and is not reinstated; C. The Employee is absent without leave for a period of five (5) scheduled working days or more. Exceptions to this may be made by the Employer on the grounds of good cause for failure to report; D. The Employee retires on a regular service retirement. 10.5 LAYOFF Except in those instances where senior Employees are not qualified to perform remaining work, seniority shall determine the order of Layoff. 10.5.1 Layoff shall be by classification within the department in inverse order of classification seniority. However, an Employee about to be laid off shall have the right to bump (displace) any Employee in a lower classification, provided that the Employer determines the Employee who is exercising bumping rights has previously held the position and is adequately qualified to perform the duties of the classification into which he/she is bumping and he/she has greater department seniority than the Employee who is to be bumped. 10.5.2 Recall from layoff, which shall be by classification within the department, in inverse order of layoff provided that, if an Employee does not return to work upon recall, as directed by the Employer, or on an extended date mutually acceptable to the Employee and Employer, she/he shall automatically have terminated her/his employment. Recall notification shall be by mail to the Employee’s last known address for an indefinite layoff and shall be contained in the layoff notice for layoffs for a definite period. An Employee’s name shall be retained on the recall list for two (2) years, at which time all rights to recall shall terminate. 10.5.3 The Employer shall not hire a new Employee in a classification where an Employee is laid off with the right for recall. 10.5.4 The Employer shall issue written notice of an indefinite layoff at least fifteen (15) calendar days in advance of layoff and will meet and confer with the Union to 8 attempt to minimize the impact of the layoff on unit members. The Employer shall issue written notice of recall from an indefinite layoff to affected Employees by certified mail/return receipt, providing at least fifteen calendar (15) days to return to work. An indefinite layoff shall be defined as a layoff made for an indeterminate period at the time of notice or any layoff of forty-five (45) or more days. The Employer may layoff an Employee for a definite period of forty-four (44) days or less by giving written notice at least seven (7) calendar days in advance to the affected Employees by certified mail/return receipt. 10.5.5 Voluntary Leaves Before Layoff. Prior to laying off an Employee the Employer will offer a voluntary leave of absence to other Employees in the affected classification to prevent the involuntary layoff of an Employee. An Employee on such leave shall continue to accrue seniority as though the Employee was working. The leave shall be for a period not to exceed two (2) years from the effective date of the leave. 10.6 Seniority for the purpose of receiving longevity pay will be established as the Last Hiring Date. 10.7 Seniority in the bargaining unit will be kept by time in all positions covered by the bargaining unit for the purpose of vacation bidding, shift bidding and reduction of positions and layoff from established positions of Sergeant . 10.8 One continuous vacation shall be selected by specific dates on the basis of classification seniority until April 1st of each calendar year. An Employee not making selection by this date will be deemed to have waived seniority selection. 10.9 Within thirty (30) days after the signing of this Agreement, the Employer shall establish seniority lists as of the effective date of this Agreement structured by each work classification to include and rank, in order of highest to lowest seniority, all permanent Employees in the bargaining unit. ARTICLE 11. WORK SCHEDULE 11.1 The normal work year is two thousand and eighty hours (2,080) to be accounted for by each Employee through: a) Scheduled hours of work b) Holidays c) Authorized sick leave time d) Training e) Vacation f) Funeral leave g) Compensatory leave time 11.2 Nothing contained in this or any other article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer or the Employer’s Designated Representative may assign Employees. 9 ARTICLE 12. TIME CARDS/REPORTS 12.1 Employees shall report their hours worked on a bi-weekly time card report form provided by the Employer or the Employer’s Designated Representative and signed by the Employee. No Employee shall make entries on another Employee’s time card unless express written approval is received from the Chief of Police or the Employer Designated Representative. ARTICLE 13. SALARY SCHEDULE 13.1 2018 SERGEANT SCHEDULE (3% 1/1/18 and 0.5% 12/17/18) Eff. Date Start 12 Month 24 Month 1/1/18 $45.64 $47.75 $49.46 12/17/18 $45.87 $47.99 $49.71 13.2 2019 SERGEANT SCHEDULE (3% 1/1/19 Eff. Date Start 12 Month 24 Month 1/1/19 $47.24 $49.43 $51.20 13.3 A sergeant assigned to K-9, in addition to the salary schedule rate earned by the employee, will receive an amount equal to six percent (6.0%) of the 36 month rate of a Lakeville police officer’s pay. 13.4 A Sergeant(s) assigned by the Employer to the Investigation Division or Task Force or assigned as Administrative Sergeant will receive an additional $200 per month over the Sergeant pay listed in this contract. Sergeant(s) assigned to these duties for light duty or special assignment will not receive the pay differential. 13.5 A Sergeant(s) will receive a shift differential of $0.60 per hour when at least half of the shift is worked between 18:00 and 06:00 hours. ARTICLE 14. OVERTIME 14.1 Sergeants will be compensated at one and one-half (1 ½) times their regular base pay rate for hours worked in excess of their scheduled shift. 14.2 Overtime refused by employees will, for record purposes under Article 14.5, be considered as unpaid overtime worked. 14.3 Overtime will be calculated to the nearest fifteen (15) minutes. A record of all overtime offered, worked, and used will be maintained by and at the Police Department. 14.4 Voluntary changes in shifts do not qualify for overtime under this Article. 14.5 Insofar as practicable and without reducing the efficiency of work performance, opportunities to work overtime will be distributed as equally as practicable among 10 the Sergeants, provided the Sergeant is qualified to perform the specific overtime work required. 14.6 The working of overtime covered by this Agreement will be voluntary and no action will be taken against any Sergeant who declines to work overtime. However, in the event of an emergency situation or a mandatory call back, a direct order by the Chief of Police to work overtime will not be considered voluntary. 14.7 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded or paid twice for the same hours worked. 14.8 Sergeants will have the option of taking overtime pay or compensatory time off. No more than eighty (80) hours will be allowed to accumulate at any time. The designation of how the overtime is to be compensated must be made at the time the overtime is earned. Leave may be taken in segments as small as one (1) hour. 14.9 Overtime must be approved in advance by the Chief of Police or his Designated Representative, except in instances of emergency. ARTICLE 15. COMPENSATORY TIME/USE – SERGEANTS 15.1 Compensatory time may be accumulated for overtime worked by Sergeants at the rate of time and one-half (1 ½), not including holiday overtime. 15.2 An employee may elect to cash out their comp time balance up to three times during the calendar year. At year end, the Employee may choose to carry over up to 40 hours of comp time from one year to the next. Any remaining compensatory time hours shall be used by December 31 of each year, or the Employer shall pay the Sergeant at the hourly rate at which the compensatory time was earned on the Employee’s last pay check of the year. 15.3 Compensatory time off shall be claimed on a form provided by the Employer or the Employer’s Designated Representative. 15.4 Preference will be given the Sergeant who requests compensatory time off the furthest in advance. Seniority within the classification will be the determining factor when more than one Sergeant in the same department requests the same date(s) off at the same time. ARTICLE 16. COURT TIME – SERGEANTS 16.1 A Sergeant required to appear in court during scheduled off duty time shall be given compensatory time or overtime pay at the Sergeant’s option for a minimum of three (3) hours pay at one and one-half (1 ½) times the Sergeant’s base pay rate rate unless notified of the cancellation by 5:00 p.m. on the preceding day. The Sergeant shall receive a minimum of two (2) hours at one and one-half (1 ½) 11 times if he or she is canceled while at home for a court appearance on the same day. An extension or early report to a regularly scheduled shift for court appearance does not qualify the Sergeant for the three hour minimum. ARTICLE 17. CALL BACK TIME – SERGEANTS 17.1 A Sergeant who is called to duty during scheduled off duty time because of an emergency or mandatory call back shall receive compensatory time or paid overtime at their option for a minimum of three (3) hours at one and one-half (1 ½) times their base pay. An extension or early report to a regularly scheduled shift for duty does not qualify the Sergeant for the three (3) hour minimum. 17.2 A Sergeant shall receive a minimum of two (2) hours at one and one-half (1 1/2) times if a Lakeville Police Department meeting is canceled while at home on the same day as the meeting. ARTICLE 18. STANDBY PAY – SERGEANTS 18.1 A Sergeant required by the Employer or the Employer’s Designated Representative to standby shall be paid for such standby time at the rate of one hour’s pay for each hour on standby. ARTICLE 19. INSURANCE, MEDICAL, LIFE AND DENTAL 19.1 Effective January 1, 2018 the Employer will make payment according to the schedule below. 12 The VEBA and HSA funding will be deposited in two installments. The first six months of funding will be deposited in January and the second six months of funding will be deposited in July. Deposits for new employees will be prorated. 19.2 For 2017, the Employer will eliminate the co-pay plan. The Employer will provide single health insurance to the Employee for the lowest cost, high deductible plan. The Employer will split the increase (or decrease) for the dependent coverage for the lowest cost, high deductible plan. Once these values are set, they will be applied to the optional plans. 19.3 Any cost beyond the amounts payable by the Employer shall be paid by the Employee via payroll deduction. 19.4 In the event that the health insurance provisions of this Agreement fail to meet the requirements of the Affordable Care Act and its related regulations or cause the Employer to be subject to a penalty or fine, either party may request that the other party meet and negotiate over amendments to those health insurance that the requesting party deems necessary. In such negotiations, the rights and obligations of the Union shall be subject to the provisions of Minn. Stat. §179A.06 and the rights and obligations of the Employer shall be subject to the provisions of Minn. Stat. §179A.07. 19.5 The City will provide $25,000 of life insurance coverage and contribute 100% of the monthly cost. 19.6 Effective January 1, 2009, the Employer shall contribute 100% of the cost of single coverage toward group dental insurance coverage. If the Employee elects additional dependent coverage, the Employee will pay the monthly cost above the Employer contribution via payroll deduction. ARTICLE 20. FALSE ARREST INSURANCE 20.1 The Employer shall provide false arrest insurance for the Employee. ARTICLE 21. TUITION REIMBURSEMENT 21.1 Employees shall be reimbursed 100% for tuition cost upon completion of college courses approved by the Employer or the Employer’s Designated Representative as beneficial to the performance of Employee’s duties and required for the attainment of a Bachelor’s or a Master’s degree. The Employee must receive a letter grade of “C” or better or “Pass” on the pass/fail grade system to qualify for tuition reimbursement. An Employee must have completed the probationary period to be eligible for tuition reimbursement towards a Bachelor’s Degree. Further, an Employee must have completed three years of service to be eligible for tuition reimbursement towards a Master’s Degree. Reimbursement will be paid based on 1997 tuition costs and thereafter of the tuition paid for the course not to exceed the tuition rate charged by the University of Minnesota for an 13 equivalent course. Beneficial courses shall include, but are not limited to, courses leading to a degree such as Business Administration, Public Administration, Social Sciences, Law Enforcement and similarly related major courses of study. ARTICLE 22. VACATION/USE 22.1 The vacation schedule shall be as follows: Beginning in the 1st year of employment 10 days 80 hrs. Beginning in the 3rd year of employment 11 days 88 hrs. Beginning in the 4th year of employment 12 days 96 hrs. Beginning in the 5th year of employment 15 days 120 hrs. Beginning in the 7th year of employment 16 days 128 hrs. Beginning in the 9th year of employment 17 days 136 hrs. Beginning in the 12th year of employment 18 days 144 hrs. Beginning in the 14th year of employment 19 days 152 hrs. Beginning in the 15th year of employment 20 days 160 hrs. Beginning in the 16th year of employment 21 days 168 hrs. Beginning in the 17th year of employment 22 days 176 hrs. Beginning in the 18th year of employment 23 days 184 hrs. Beginning in the 19th year of employment 24 days 192 hrs. Beginning in the 20th year of employment 25 days 200 hrs. 22.2 Employees shall accrue vacation during the first year of employment, but shall not be eligible to use accrued vacation until completion of the first 6 months of employment. 22.3 Except as approved by the Employer or the Employer’s Designated representative, Employees will not be allowed to carry over more than the equivalent number of hours of vacation they have earned in the two previous calendar years. 22.4 Employees leaving the service in good standing after giving two weeks’ notice shall be paid for any and all earned and unused vacation leave. ARTICLE 23. HOLIDAYS 23.1 There shall be eleven (11) holidays per year as follows: New Year’s Day, January 1 Martin Luther King’s Birthday, Third Monday in January Washington’s Birthday, Third Monday in February Memorial Day, Last Monday in May Independence Day, July 4th Labor Day, First Monday in September Veteran’s Day, November 11 Thanksgiving Day, Fourth Thursday in November Christmas Eve, One-half day Christmas Day, December 25th 14 New Year’s Eve, One-half day Floating Holiday 23.2 Sergeants will be paid once a year in December at straight time for 117 hours at the pay rate in effect on December 1. These hours take into account premium pay for all holidays. 23.3 The Employer or the Employer’s Designated Representative shall have the right to reduce the work schedules for holidays and to provide time off in lieu of holiday pay in December. ARTICLE 24. SICK LEAVE 24.1 Sick leave is to be earned at a rate of one eight (8) hour day per month with no limit to accumulation. Sick leave is earned while on vacation, sick leave and injury on duty leave. 24.2 In order to be eligible for sick leave pay, an Employee must: a. Report no later than one hour before the beginning of the shift or sooner if possible. b. Keep the Chief of Police informed of his or condition. c. Submit a medical certificate for any illness of three days or longer if requested by the Chief of Police. 24.3 Sick leave is to be used for actual illness and/or emergency medical attention of the Employee or the care of an ill or injured child of the Employee or the Employee’s spouse or critical illness of the Employee’s spouse. Effective August 1, 2013, sick leave will be amended to incorporate Minn. Stat. §181.9413. 24.4 If the Employer or the Employer Designated Representative has reason to believe an Employee is abusing sick leave by review of the usage, the Employee may be required to submit a doctor’s statement upon written advance notice from the Employer or the Employer Designated Representative for future usage. Where abuse is evident, an employee shall be subject to the provisions of Article 8 of the AGREEMENT. Employees are expected to accumulate sick leave and not abuse it by using it as it accrues monthly. ARTICLE 26. PAID TIME OFF 26.01 Effective January 1, 2011 employees will have the opportunity to participate in the PTO benefit. Employees who choose not to participate will have the option on an annual basis to switch to the PTO plan during a period of open enrollment. Once the election is made to convert to the PTO program, employees cannot return to the vacation and sick leave program. Articles 22 and 24 of the collective bargaining agreement will no longer apply to members enrolling in the PTO plan. Once a minimum of 75% of employees have enrolled in PTO, all new employees will automatically be offered PTO. 15 26.02 PTO can be used for any purpose, subject only to normal request/approval procedures consistent with policy and labor agreements. 26.03 Requests for leave for reasons other than illness or injury must be submitted to the supervisor a minimum of 14 days (two weeks) in advance when possible, and will be granted in seniority order. Requests made with less than 14 days ’ notice will be granted on a first-come, first-served basis consistent with policy and labor agreements. Time off requests made with less than 14 days’ notice will not be denied solely because the request was not made 14 days in advance. 26.04 Emergency use (illness or injury) requires notification to the supervisor a minimum of 60 minutes prior to the employee’s scheduled workday when possible. If the employer has reason to believe an Employee is abusing the emergency use of PTO time, that employee may be required to provide documentation of the emergency such as a physician’s note. 26.05 PTO time is accrued bi-weekly on an hourly basis. 26.06 The maximum amount of PTO that can be accrued and carried over to the next year will be 576 hours. 26.07 An employee that leaves the city in good standing, after giving proper notice, will be compensated for PTO leave accrued and unused to the date of separation. Good standing is defined as an employee who has not been discharged or terminated for cause. 26.08 Employees using PTO leave will be considered to be working for the purpose of accumulating additional PTO time. 26.09 Once during the calendar year full-time employees may cash out up to forty PTO hours. Part-time employees have the ability to cash out a pro-rated value of 40 hours each calendar year. PTO ACCRUAL SCHEDULE 26.11 The accrual schedule for full-time employees is as follows: 1st year of employment, 18 days 144 hours 2nd year of employment, 18 days 144 hours 3rd year of employment, 19 days 152 hours 4th year of employment, 19 days 152 hours 5th year of employment, 20 days 160 hours 6th year of employment, 20 days 160 hours 7th year of employment, 22 days 176 hours 8th year of employment, 22 days 176 hours 9th year of employment, 24 days 192 hours 10th year of employment, 24 days 192 hours 11th year of employment, 26 days 208 hours 12th year of employment, 26 days 208 hours 13th year of employment, 28 days 224 hours 14th year of employment, 28 days 224 hours 15th year of employment, 30 days 240 hours 20th year of employment, 33 days 264 hours 16 CONVERSION 26.12 Conversion to the PTO plan is optional for employees. 26.13 Current vacation accruals will be converted 1:1 to the PTO accrual. 26.14 Sick balances will be converted to an Extended Medical Bank (EMB) at a 1:1 ratio at the time of PTO election. 26.15 Sick hours may be converted to PTO according to the employee’s years of service and severance eligibility as defined under article 26.1 Severance Pay. This conversion must occur at the time the employee chooses PTO and cannot put the employee over the maximum accrual. 26.16 At retirement or separation, the value of the EMB will be either placed into a Health Care Savings Plan or paid directly to the employee according to city policy and/or contract language. EXTENDED MEDICAL BANK 26.17 EMB hours may only be used after the first 40 consecutive hours of an absence for the employee’s serious health condition, or the serious health condition of the employee’s child. The forty hour waiting period shall apply to each separate incident of a serious health condition. 26.18 For regular part-time employees, the waiting period before becoming eligible to use extended leave pay shall be based on a pro-rated basis by determining the actual hours the employee is scheduled to work according to the budget. 26.19 EMB leave shall not be considered as a privilege or vested right which an employee may use at their discretion, but shall be considered as a type of insurance which shall be allowed in case of a serious health condition of the employee or the employee’s child. 26.20 Employees shall notify their immediate supervisor or the Human Resources Department on the first day of a qualifying serious health condition. Any employee using EMB leave may be placed on concurrent FMLA leave. EXTENDED MEDICAL BANK 2 26.21 EMB2 will accrue for all full-time employees who elect PTO at a rate of 32 hours each year; part-time employees will receive pro-rated accrual. The accrued balance may only be used after the employee’s PTO balance and EMB balance, if applicable, has been exhausted and be used under the same terms identified under Extended Medical Bank parts 26.17 through 26.20. 26.22 The maximum accrual for EMB2 will be 340 hours. 26.23 At retirement or separation, the employee will receive no value from the EMB2 accrual. 17 ARTICLE 27. PARENTING LEAVE 27.1 In conformance with the Minnesota Human Rights Act and the Pregnancy Discrimination Act, disability caused or contributed to by pregnancy, child birth or related medical conditions shall be treated the same as disabilities caused or contributed to by other medical conditions. 27.2 A pregnant Employee who is unable to perform job duties and responsibilities due to disabilities caused or contributed to by pregnancy, child birth or other related medical conditions, is eligible to use sick leave in accordance with Article 24. The Employer or the Employer Designated Representative reserves the right to request an Employee to provide medical evidence of disability, illness or injuries. Failure to provide such evidence shall result in the loss of sick leave for the period of absence. 27.3 An Employee who wishes to request a leave of absence for purposes of child care may request an unpaid leave of absence in accordance with Article 29. 27.4 Conferences shall be in compliance with Minnesota Statute. 27.5 Employees shall be able to use sick leave for the care of a minor child in accordance with Minnesota Statue. 27.6 Adoptions shall be in compliance with Minnesota Statute. ARTICLE 28. SEVERANCE PAY 28.1 Severance pay shall be paid to full-time Employees based on the following schedule: a) After 5 years of full-time service, 35% of the Employee’s unused sick leave. b) After 10 years of full-time service, 45% of the Employee’s unused sick leave. c) After 15 years of full-time service, 55% of the Employee’s unused sick leave. 28.2 Only service with the Employer shall be counted towards the time required for a person to be eligible. Severance pay is to be based only on the Employee’s wage schedule base pay rate, exclusive of any longevity, investigator, or education incentive pay, and shall be the wage rate in effect on the date of termination. Employee must leave the service in good standing and give the Employer or the Employer Designated Representative two (2) weeks written notice of termination. 18 ARTICLE 29. INJURY ON DUTY 29.1 An employee who, in the ordinary course of employment, while acting in a reasonable and prudent manner and in compliance with established rules and procedures of the Employer, is injured during the performance of his/her duties and thereby unable to work, shall be paid the difference between the Employee’s regular pay, including longevity and/or educational incentive pay, and the worker’s compensation insurance payments for a period not to exceed the equivalent of 260 eight (8) hour working-days. A working day is defined as the combination of worker’s compensation insurance and injury on duty pay. 29.2 For each day of injury on duty used, one eight (8) hour day shall be deducted from the Employee’s accumulated injury on duty leave of up to one calendar year of two hundred sixty (260) working-days. 29.3 The Employee must be eligible for and receive worker’s compensation insurance wage benefits to be eligible for and receive injury on duty pay from the Employer. 29.4 An Employee shall continue to accumulate vacation and sick leave while on injury on duty leave. 29.5 The Employer or the Employer Designated Representative shall have the right to request and receive reports from the Employees doctor(s) on the Employee’s condition and ability to return to work, and the right to have the Employee examined by the Employer’s doctor to determine his/her condition and ability to perform the duties of the Employee’s position. 29.6 An Employee may choose to use sick leave and/or vacation leave after his/her injury on duty leave is exhausted. ARTICLE 30. FUNERAL LEAVE 30.1 All Employees will be granted, if requested, up to three days funeral leave for a death in the Employee’s immediate family. 30.2 Immediate family shall include mother, father, husband, wife, son, daughter, brother, sister, mother-in-law and father-in-law of the Employee and grandparents of the Employee. ARTICLE 31. LEAVE OF ABSENCE WITHOUT PAY 31.1 Upon request of an Employee, leave of absence without pay may be granted by the Employer taking into consideration good conduct, length of service, and efficiency of the Employee and the general good of the municipal service. Such leave of absence shall not exceed a period of ninety (90) days; provided that the same may be extended beyond such period if the leave of absence is for continued disability or other good and sufficient reasons, but in no case to exceed one year, except when the Employee is called in to military service or is disabled from 19 disability incurred while in the service of the City. No benefits shall accrue during a period of leave of absence without pay. ARTICLE 32. JURY DUTY 32.1 In the case of jury duty or subpoena for witness in court, an Employee shall receive an amount of compensation which will equal the difference between an Employee’s regular pay and compensation paid for jury duty or witness fee. ARTICLE 33. UNIFORMS 33.1 Sergeants shall receive a uniform allowance each year. Effective January 1, 2018, this allowance will be $900.00. The allowance will be processed through payroll the 4th week of January. 33.2 Bullet proof vests shall be provided by the Employer, in addition to the uniform allowance, and replaced as needed due to poor conditions or at the end of the life expectancy as determined by the manufacturer. Soft body armor shall be provided by the Employer and replaced as needed due to poor condition or as recommended by the manufacturer’s specifications. This shall be done without deduction from the uniform allowance. 33.3 Employees assigned to Sergeant/Investigator position shall receive a uniform allowance in accordance with the terms and conditions under Exhibit A to this Agreement. 33.4 Upon termination of employment, Employees of the Police Department shall return all uniform articles paid for by the Employer under the terms of this Agreement, except shoes. The Chief of Police shall issue a receipt to the Employee for said articles upon his receipt before the issuance of the Employee’s last pay check. ARTICLE 34. PERSONAL PROPERTY REIMBURSEMENT 34.1 Employees may submit a report of claim to the Chief of Police of a wrist watch, prescription glasses or contact lens damaged, or contact lens lost, in the line of duty and request reimbursement for the cost of repair or replacement up to $225.00 per year, per Employee. If the article is to be replaced, the damaged watch, glasses or contact lens shall be turned in to the department with the report. 34.2 The claim for reimbursement shall be submitted with an estimate of the cost of repair from an appropriate watch repair or eye glass business. The claim will be approved if the requirements of Article 34.1 have been met and the Chief of Police approves the claim after determining from the written report the damage was caused by activity in the line of duty. 20 ARTICLE 35. WAIVER 35.1 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in the Agreement. Therefore, the Employer and L.E.L.S., for the life of this Agreement each voluntarily and unqualifiedly waive the right, and each agrees that the other will not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement or with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement. ARTICLE 36. LONG-TERM DISABILITY INSURANCE 36.1 The City shall contribute one-hundred percent (100%) of the cost of the long-term disability insurance policy for all eligible employees. ARTICLE 37. DRUG AND ALCOHOL TESTING POLICY 37.1 Drug and alcohol testing policy language – see attached. ARTICLE 38. LICENSE PAY 38.1 The Employer shall contribute 100% of the cost of the license fee required by the Minnesota Peace Officer Standards and Training Board (POST). ARTICLE 39. DURATION 39.1 This Agreement shall by effective as of January 1, 2018, and shall remain in full force and effect until December 31, 2019. 21 CITY OF LAKEVILLE ____________________________________ DATE:________________________ Mayor ____________________________________ DATE:_______________________ City Clerk ____________________________________ DATE:________________________ City Administrator LAW ENFORCEMENT LABOR SERVICES, INC., LOCAL NO. 177 ___________________________________ DATE:________________________ Kevin McGrath, Business Agent __________________________________ DATE:________________________ Jay Castonguay, Union Steward ___________________________________ DATE:________________________ Jason Haider, Union Steward 22 EXHIBIT A INVESTIGATOR/SERGEANT UNIFORMS A specific uniform code will not be established for officers permanently assigned to these units. These officers will, however, be expected to present a professional, neatly attired appearance at all times. The exception to this is when undercover or other details require the assumption of a manner of dress which is designed to protect the identity and safety of the officer. These officers are expected to maintain a compliment of regulation uniforms (per Article 33.1) so as to be available for street assignment as the need arises. Officers assigned to these units may use their uniform allowance by charging items at a supplier to be chosen by the Chief of Police. The uniform requisition format will be followed. Approved items include: suits, blazers, slacks, vests, dress shirts, neckwear, outer coats, shoes, sweaters and belts. Casual wear (jeans, etc.), underclothing, jewelry and accessory items are not approved. Items purchased under Exhibit A will not have to be returned to the City in the event that an Employee resigns. 23 DRUG AND ALCOHOL TESTING POLICY POLICE I. The City recognizes drug and alcohol abuse by EMPLOYEES as threatening the welfare of the public and the well being of the other employees. Therefore, the City has established drug and alcohol testing for positions covered by this Policy as a means of protecting the public’s welfare and EMPLOYEE’s well being. II. The intent of this article is to prevent drug and alcohol abuse by EMPLOYEES and to offer the opportunity for rehabilitation of EMPLOYEES who have tested positively for drug and alcohol use while on duty. III. The City shall inform a job applicant prior to testing. Information shall include the City’s right to request a test, the processing of a test, the consequences of testing positively and the rights of the EMPLOYEE. IV. Before requesting an EMPLOYEE or a job applicant to undergo drug or alcohol testing the City shall provide the EMPLOYEE or job applicant with a form developed by the City on which to acknowledge the EMPLOYEE or job applicant has reviewed the Policy. On an additional form, the EMPOYEE or job applicant may indicate any over the counter or prescription medications that they are currently taking or have recently taken and any other information relative to the liability of or explanation for a positive test result. This form will be completed at the collection site and will not be reviewed by the EMPLOYER. V. Random testing is prohibited. VI. The City shall not require and EMPLOYEE or job applicant to undergo drug or alcohol testing except as authorized below: A. The City may require a job applicant to undergo drug or alcohol testing provided a job offer has been made to the applicant and the same test is required of all job applicants conditionally offered employment for that position. If the job is withdrawn the City shall inform the applicant of the reasons for its actions. B. The supervisor in charge may require an EMPLOYEE to undergo drug or alcohol testing provided a reasonable attempt has been made to receive approval the Chief of Police, that said requirement is stated in writing, and there is reasonable suspicion that the employee: 24 1. Is under the influence of drugs or alcohol; 2. Is found to personally possess illicit drugs or alcohol while on duty; unless possession is in conjunction with their official duties. 3. Sustained a personal injury or caused another employee to sustain a personal injury and the supervisor in charge has reasonable suspicion that drugs of alcohol were involved; 4. Has caused a work related accident or was helping to operate machinery equipment or vehicles involved in a work related accident and the supervisor in charge has reasonable suspicion that drugs or alcohol were involved. C. The City may require an EMPLOYEE to undergo drug or alcohol testing if the EMPLOYEE has been referred by the City for chemical dependency treatment or evaluation which results in a determination that the employee is chemically dependent, in which case the employee may be required to undergo drug or alcohol testing without prior notice during the evaluation or treatment period and for a period of up to two (2) years following completion of any prescribed chemical dependency treatment program. D. Reasonable suspicion shall be defined as that quantity of proof or evidence that is more than a hunch, but less than probable cause. Reasonable suspicion must be based on specific, objective facts and any rationally derived inferences from those facts about the conduct of an individual that would lead the reasonable person to suspect that the individual is or has been using drugs while on or off duty. VII. Test sample collection shall be conducted in a manner which provides a high degree of security for the sample and freedom from adulteration. EMPLOYEES may not be witnessed while submitting a urine sample. Administrative procedures and biologic testing of the samples shall be conducted to prevent the submission of fraudulent tests. All screening tests shall make use of a split sample which shall be used for confirmatory retests. Upon request, an EMPLOYEE shall be entitled to the presence of a union representative before testing is administered. The testing may not be delayed for an unreasonable amount of time to allow the employee this opportunity. VIII. All samples shall be tested for CHEMICAL ADULTERATION, OPIATES, CANNABIS, PCP, COCAINE, AMPHETAMINES, BARBITURATES, BENZODIAZEPINES AND ALCOHOL. The testing shall be done at a laboratory to be determined by the City and the following standards shall be used: 25 DRUG SCREENING TEST CONFIRMATION Amphetamines 1,000 ng/ml Amphetamine 500 ng/mg GC-MS Barbiturates 300 ng/ml Barbiturate 300 ng/ml GC-MS Benzodiazepine 300 ng/ml Oxazepam 300 ng/ml GC-MS Cannabis 50 ng/ml Delta-THC 15 ng/ml GC-MS Cocaine 300 ng/ml Metabolite 150 ng/ml GC-MS Opiates 300 ng/ml Morphine, Codeine 300 ng/ml GC-MS PCP 200 ng/ml PCP 25 ng/ml GC-MS Alcohol 0.040 gm/dl Alcohol 0.040 gm/dl GC-MS IX. Any sample which has been altered or is shown to be a substance other than urine or blood shall be reported as such. All samples which test positive on a screening test shall be confirmed by gas chromatography-mass spectrophotometry, and no records of unconfirmed positive tests shall be released by the laboratory. X. Initial screening tests and confirmatory tests shall be at the sole cost of the City. XI. Testing and evaluation procedures shall be conducted in a manner to ensure that an EMPLOYEE’S legal drug use does not affect the test results. XII. All results shall be evaluated by a suitably trained occupational physician or occupational nurse prior to being reported. XIII. Test results shall be treated with the same confidentiality as other EMPLOYEE medical records. The test results shall not be reported outside the City organization. XIV. Each EMPLOYEE whose confirmatory tests indicate positive for drug or alcohol use shall be medically evaluated by a substance abuse professional. If required by the substance abuse professional, the employee will then be counseled and treated for rehabilitation. At any time an employee may voluntarily enter the chemical dependency program. This program is designed to provide care and treatment to EMPLOYEES who are in need of rehabilitation. Details concerning treatment any EMPLOYEE receives at this program shall remain confidential between the City and EMPLOYEE and shall not be released to the public. The EMPLOYER shall not be responsible for the cost of the treatment. The EMPLOYEES’ health care provider shall provide a portion of the cost of the treatment. XV. No EMPLOYEE shall be relieved of his or her position based on one positive confirmatory test result although the EMPLOYEE may be re-evaluated for his or her assignment. When undergoing treatment and evaluation, EMPLOYEES shall receive the usual compensation and fringe benefits provided at the time assigned position provided the employee is using available accumulated leave. 26 XVI. Each EMPLOYEE has the right to challenge the results of drug testing in the same manner that he or she may grieve any managerial action. XVII. Upon successful completion of rehabilitation, the EMPLOYEE shall be returned to her or his regular duty assignment. EMPLOYEE reassignment during treatment shall be based on each individual’s circumstances. If follow- up care is prescribed after treatment, this may be a condition of employment. Once treatment and any follow-up is completed and provided no further incidents of positive confirmatory tests occur, at the end of two (2) years the records of treatment and positive drug test results shall be retired to a closed medical record, given to the employee. Reference of the incident shall be removed from the employee’s personnel file. XVIII. EMPLOYEES shall be subject to the disciplinary actions prescribed in Article 8 if the employee: A. Refuses to undergo drug or alcohol testing; employee may refuse to undergo drug or alcohol testing of a blood sample upon religious grounds if they consent to testing of a urine sample. B. Fails to successfully complete a required rehabilitation program as prescribed by a substance abuse professional; C. Tests positively after completing the initial rehabilitation program. The employee will be given the opportunity to complete a second rehabilitation program. If the employee refuses to complete a second rehabilitation program or if she or he tests positively after the completion of a second rehabilitation program, disciplinary action as prescribed in the union contract may be applied. XIX. An EMPLOYEE may request a confirmatory retest of the original sample at the EMPLOYEE’S own expense within 5 days of receiving notice of a positive confirmatory test result. It shall be the responsibility of the EMPLOYEE to contact the EMPLOYER who will work with the EMPLOYEE to contact the laboratory which performed the original test and also make arrangements with a second federally certified laboratory to perform the confirmatory retest. If the confirmatory retest does not confirm the original positive test result, no adverse personnel action based on the original result may be taken against the EMPLOYEE and the City will reimburse the EMPLOYEE for the actual cost of the confirmatory retest. XX. The EMPLOYEE, upon request and subject to approval of the testing laboratory will have the right to inspect and observe any aspect of the drug testing program. The UNION may inspect individual test results if the release of this information is authorized by the EMPLOYEE involved. 27 XXI. This drug testing program is solely initiated at the behest of the CITY for the safety and well-being of the public and EMPLOYEES. The CITY shall be solely liable for any legal obligations for its actions of requiring testing or for actions taken as a result of testing. XXII. This Policy is in no way intended to supersede or waive an EMPLOYEE’S federal or state constitutional rights, or contractual rights. XXIII. This policy is subject to the interpretation of the state law pertaining to drug and alcohol testing.