Since 1992 there have been various memoranda and letters documenting agreements about the application of the twelve-hour shift in Duluth. The purpose of this agreement is to document those areas of the current collective bargaining agreement which the parties have agreed shall be modified or waived for Police Officers on the Duluth campus assigned to a twelve-hour shift. This Memorandum, in conjunction with the current collective bargaining agreement between the parties, shall supersede all prior documents related to the application of the twelve-hour shift for Duluth Police Officers.

Law Enforcement Labor Services and the University of Minnesota agree to the following waivers and/or modifications to the collective bargaining agreement between the parties. These waivers/modifications shall apply to Officers of the University of Minnesota-Duluth campus who are assigned to a twelve-hour shift:

• Article 12.1 – For purposes of calculating the length of the probationary period (2080 hours), the Employer shall count straight time hours paid (up to eighty per pay period).
• Article 15.2 – For regular shift schedule moves from the power shift for vacation, emergency sick leave coverages, or the one hour adjustment shall not require the premium of time and one half otherwise called for in Article 15.2.
• Article 17 – Vacation and sick leave shall be calculated in accordance with the contract. This means that vacation and sick leave shall be accumulated at a rate of the appropriate minutes per straight time hour paid – up to eighty hours in a pay period.

• Article 21.5 – Employees regularly assigned to a twelve-hour shift shall receive time and one half for all hours worked on a holiday.  Such employees shall be paid double time only to the extent their time worked on the holiday exceeds sixteen hours.

  The “Note” in Article 21.5 does apply to employees assigned to a twelve-hour shift.

• Article 28.1 and Article 30 – For purposes of calculating service hours for advancement through the wage scale and the longevity scale, the Employer shall count the straight time hours paid (up to 80 per pay period).
• Article 29.4 – For purposes of compensating for hours worked in excess of a shift, the payment shall be time and one half for up to sixteen hours, and then double time for hours worked in excess of sixteen. This shall not apply to “special event” overtime, which shall always be paid at time and one half. Special events covered by officers during their regularly assigned shift shall continue to be paid at straight time.
• Article 29.5 – This Article regarding second Sunday premium pay shall not apply to Officers assigned to a twelve-hour shift.
• Management may reduce the twelve-hour shift for purposes of training.
• The power shift may be changed to cover officers who are scheduled for training purposes (i.e. employees on the power shift could be assigned to work from 7:00 a.m. to 7:00 p.m., or 7:00 p.m. to 7:00 a.m.). Changes for training classes of less than 8 hours or with less than 24 hours notice will be made only by mutual agreement of those involved.

The parties agree that these provisions apply as long as the twelve-hour shift is in effect, and that it is the Employer’s right to determine the length of the assigned shift.

This agreement is based on the current twelve-hour shift schedule of four days on and four days off, followed again by four days on and four days off.  For purposes of the Fair Labor Standards Act, it is understood that this schedule is adopted in accordance with Section 207(k) of the FLSA and C.F.R. Part 553.  The designated work period for each employee shall be 24 days.

It is also understood by the parties that the “four day on, four day off” pattern shall be modified to include an additional two days off (24 hours) per officer in each block of six pay periods.  Management shall determine the method of distributing these additional days off.

It is also understood by the parties that any hours worked beyond eighty in a pay period shall be tracked by payroll.  For any pay period in which a full time Officer’s hours worked falls short of eighty, the necessary hours shall be deducted from these separately banked hours in order to provide a full eighty hours of pay in each pay period.

Agreed to on this 16th of April, 2008.