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98-853Council File # �$ -8 53 �� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet #_62404_ Presented by_ Referred To Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached Z 1997-1998 Labor Agreement between the City of Saint Paut and the InternationaI Union of Operatmg Engineers Loca170. Requested by Department of. Office of Labor Relations By: � [C°--�--� _ AdopUon Certified by Council Secretary , � � __� �� •.. . -I. . I. �: - r � �:.1��' . .- ` /.� Adopted by CounciL Date �g� �� Form App roed b� C' ttorney B �C�f�r� �IY - trS.� September 2, 1998 CITY OF SAINT PAUL & INTERNATIONAL iJPTION OF OPERATING ENGINEERS, LOCAL 70 1997,1998 Collective Bargaining Agreement Wage and Benefit Summary 11i1�l7�.`A 1997 12/21/96 2.0% 07/19/97 0.5% 12/20/97 0.2% 2.7% 1998 02/28/98 2.0% 09/26/98 0.8% 2.8% *Retroactive pay adjustments shall apply to a11 employees of the bargaining unit except those who have been terminated for cause. Classification Upgrades: Effective January, 1997 Instrument Repairer - Increase hourly wage by $0.50 Maintenance Warker - Increase hourly wage by $035 Trainee (Custodian Engineer) - Increase "after 6 month" hourly wage by $0.28 HEALTHINSURANCE: 1997 I 1998 Single: Full single premium. Single: Full single premium. Family: $336.41 + 50% of the premium increase. I Family: $349.85 + 50% of premium increase. BENEFITS: Call-in-Pay (Article 7.2). Currently when an employee is cailed to work he/she receives two hours pay if not put to wark and four straight time hours pay if work commences. Language was added guaranteeing the four hours ar one and one-half (1.5) times the employee's normal hourly rate for the actual number of hours worked, whichever is greater. Oeertime (Article 7.3). Employees currently determine how overtime is paid, either in compensatory time, or cash, provided there is money in the budget. Language was added that allows the Division of Libraries to pay scheduled overtime in the manner determined by the Employer. Unscheduled overtime shali be paid in the manner deternuned by the Employee provided there is money in the budget. (Library employees are accumulating to much comp. Ume, when they take time off it creates a need for more overtime. Libraries wants to pay cash for overtime.) a� �s3 International Union of Operating Engineers, Local 70 1997,1998 Wage and Benefit Summary. Life Insurance (Articie 1614). Empioyer paid benefit increased from $15,000 to $20,000. Safety shoe allowance (Article 23.1). Current annual allowance of $50.00 can now be used for both purchase and repair and can be carried over from yeaz to yeaz, to a m�nnum accumulation of $150.00. Any unused funds from 1997 can be carried over to 1998. Uniforms (Article 23.2). An inirial uniform will be provided by the employer to employees working in the Water Treatment Plant who aze required to weaz a specified uniform. The uniform will consist of five pairs of trousers, five long-sleeved shirts, and five short-sleeved shirts. Coveralls can be substituted for a shirt and a trouser. In subsequent years, the Employer agrees to provide a uniform allowance of up to $100 per calendar year toward the cost of replacing uniforms. Empioyees must provide proof of uniform purchase to be reimbursed. Employees are responsible for caze and upkeep of the uniform. Th3s replaces the current practice of renting uniforms from a uniform supply company. LANGUAGE Eligibility for Benefits. School District #625 employment will no longer count towazd the service requirement for employees hired by the City, or transferred to the City, after December 31, 1998, for purposes of Severance (Article 11); Retiree Health Tnsurance (Article 16) Como Park ConservatorylZoo Layoffs (Appendix S). The order of layoff, in case of a wark force reduction, for employees holding different titles was updated and sunset language was added. Twelve-hour Days at McCarron's Filtration Plant (MOin. The Memorandum of agreement from the previous contract allowing employees to work twelve hour days was extended to this contract. FiI.ABREL\CONIRAC'1�OPENG70\i997\SUMIvIARYI WPD v DEPARTMENT/OFFICE/COUNCIL: DATE INTTIATED GREEN SfIEET No.: 62404 LABOR RELATIOIv'S 9/2/98 q�C ' g 53 CONTACT PERSON & PHONE: � INITIAL/DATE Wi1'IAL/DniE NLIE KRAUS 266-6513 ASSIGN 1 DEPARTMENT DIR. � 4 CITY COUNCIL N[IMBER 2 CITY ATTORNEY CITY CLERK MUST BE ON COUNCIL AGEA'DA BY (DATE) FOR BUDGET DIR. FIN. & MGT. SERVICE DIR. ROUTD�iG 3 MAYOR (OR ASST,�� ORDER �� — TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATTONS FOR SIGNATORE) ncriox xeQUes�n: This resolufion approves the attached 1997-1998 Labor Agreement between the City of Saint Paul and the Internationai Union of Operating Engineers Local 70. RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE COIVTRACTS MI1ST ANSWER THE FOLLOWING QUESTIONS: _PLANNING COMMISSION _CIVIL SERVICE COMIvIISSION i. Has th9s person/finn ever worked under a contract for this departrnent? _CIB COMMITTEE Yes No _STAFF 2. Hac this person/5mi ever been a city employee? DISTWCTCOIJRT Yes No SUPPORTS WHICH COIJNCIL OBJECTIVE? 3. Does this person/firm possess a skill not normally possessed by any cucrent city employee? Yes No Explain a14 yes auswera ou aeparate sheet and attach to green sheet INITIATIIVG PROBLEM, ISSUE, OPPORI'UNI1'Y (Who, What, When, Where, Why): ADVANTAGES IF APPROVED: DLSADVANTAGES IF APPROVED. €��Cs'�..�� .:),?_�'.� �EP 04 1998 �_'_=��:s_�s:� . 5g$9°5&�� J�'�EE.•� y 3 % �.� V �1 f:rJU DISADVANTAGESIFNOTAPPROVED: `��" � `� � b., v �9�u��_ .- . TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORMATION: (EXPLAIN) �i�i�:'idi� F�,�S2?zECd�3 ��P1?Ei . � 0 4 ± ��: , ° - :;� _ � {� _-�- ,_ _ . . ,_ - . _ . . _ '. .-' ��. :�. , - " ' . - , - _ . _ - � . . -��= ' _- " ��- . . .. ' -__ " -- ' .' . . . . "_ , _- , "' _ � . . . - . -. . . .- . , , - . . - , _ . - ." . ' . _ . . _ ..: . _ . _- . _ _ . _- _ . �. _ "� 199�_-�i998_,_ _ �� _ _ � = � _ - _ - �.ABOR AGREElV�ENT = - � � - ��- befi�veen � � , _ � '�`HE CIT� OF 5A�NT PAUL � , and I�T�I��It�'FIDNAL U��QN 4F flPER�T�NG ENG�NEERS I;:O��L 70 _� _ �_ - � _ _. _ , �_ , � ., �_. _ . < - Y' n U INDEX ARTICLE TITLE PAGE Preamble................................................. ii 1 Recognition ................................................i 2 Defmitions .................................................1 3 Dues-FairShaze ............................................2 4 Union Rights .........................................••-...2 5 Seniority ...................................................3 6 Management Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Hours,Premium Pay .........................................4 8 Leavesof Absence .......................................... .6 9 Military Leave of Absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Jury Duty ..................................................7 11 Severance Pay ..............................................8 12 Mileage ..................................................I1 13 Residency ................................................. 14 Working Out of Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 • 15 Discipline ................................................. 16 Insurance .................................................13 . 17 Holidays ..................................................17 18 Vacation ..................................................1 19 Grievance Procedure ........................................18 20 Wage Schedule .............................................20 21 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 22 Non-Discrimination .........................................21 23 Safety Shoes ...............................................2 24 Termsof Agreement ........................................22 Appendix A - Wages ....................................... A1 Appendix B - Como Park Conservatory/Zoo Layoffs . . . . . . . . . . . . . . B 1 • 1 PREAMBLE C� This Agreement has been entered into between the City of Saint Paul, hereafter refeaed to as the Employer, and Local Union No. 70, Intemational Union of Operating Engineers, AFL-CIO, hereafter referred to as the Union. This Agreement has as its purpose the promotion of hatmonious relations between the Employer and the Union, the establishment of an equitable and peaceful procedure for the resolution of differences, and the establishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above objectives in full compliance • with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1984, as amended. • ii ARTICLE 1- RECOGNITION 1.1 The Employer recognizes the Union as the sole and exclusive bargaining agent for the purposes of � estabiishing wages, benefits, hours and other conditions of employment for all of its employees as outlined in the certification by the State of Minnesota, Bureau of Mediation Services, under Case No. 73-PR-449-A, as amended, to read as follows: All regular, probationary, and provisional engineering and building maintenance personnel who are employed by the City of St. Paul or who have their "terms and conditions of employment" established by the goveming body of the City of St. Paul, and whose employment service exceeds the lesser of 14 hours per week or 35 percent of the normal work week and more than 67 work days per yeaz in the following classifications: Building Maintenance Engineer, Chief Operating Engineer--Civic Center, G�stodial Worker, Custodian, Custodian Engineer I, Custodian Engineer I--Library, Custodian Engineer I--Pubiic Safety, Custodian- -Engineer II, Custodian Engineer II--Library, Custodian Engineer III, Custodian Engineer III--Library, *Fiiter Plant Operator I, Custodian (Light Duty), House Custodian II, Instrument Repairer (Filter Plant), Maintenance Worker, Operating Engineer I, Operating Engineer II, Operating Engineer--Civic Center, Park Ranger, *Pumping Engineer I, Pumping Bngineer II, Pumping Engineer TII, Security Officer, Sewer Pumping Station Operator, Stadium Supervisor, Supervising Stationary Engineer, Watchman--Water Departrnent, Water Plant Operator I, Water Plant Aide, Water Treatment Plant Operator II, Trainee (Custodian Engineer); excluding supervisory, managerial, clerical confidential, temporary and emergency employees, those exciusively represented by other labor or employee organizations, and all other empioyees. • 1.2 The parties agree that any new classifications which are an expansion of the above bazgaining unit or which derive from the classifications set farth in this Agreement shall be recognized as a part of this bazgaining unit, and the parties shall take all steps required under the Public Empioyment Relations Act to accomplish said objective. ARTICLE 2 - DEFINITIONS 2.1 Collective Bargaining - The Employer will bazgain collectively with the Union and with respect to rates of pay, hours and ather conditions pertaining to employment for all of the employees in the unit hereinbefore set forth. 2.2 Maintenance of Standards - The Employer agrees that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and general working conditions shall be maintained at not less than the highest minimum standazd as set forth in the Civil Service Rules of the City of Saint Paul, (Resolution No. 3250 and the Saint Paul Salary Plan and Rates of Compensation) at the time of the signing of this Agreement, and the conditions of employment shall be nnproved wherever specific provisions for improvement aze made elsewhere in this Agreement. • ARTICLE 2 - DEFINITIONS (Continued) 2.3 Discrimination - The Employer will not inter€ere with, restrain or coerce the employees covered by tfiis Agreement because of inembership in or activiry on behalf of the Union. The Employer wiil not discriminate in respect to hire, tenure of employment or any term or condition of employment against any employee covered by this Agreement because of inembership in or activity on behalf of the Union, � nor will it discourage or attempt to discourage membership in the Union, or attempt to encourage membership in anoiher Union. 2.4 The term "Employer" shall mean the City of St Paul or the St. Paul Water Utility. ARTICLE 3- DUES - FAIR SHARE 3.1 Dues - The Employer agrees to deduct the Union members}up initiation fee assessments aud once each month dues from the pay to those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified xo the Employer by a representative of the Union and the aggregate deduc6ons of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 3.2 Fair share - Any present or future employee who is not a Union member shall be required to contribute a fair shaze fee for services rendered by the Union. Upon notification by the Union, the Employer shall check off said fee from the earnings of the employee and transmit the same to the Union. In no instance shall the required contribution exceed a pro rata shaze of the specific expenses incurred for services rendered by the representative in reIationship to negotiation and administration of grievance procedwes.• This provision shali remain operative only so long as specificatIy provided by Minnesota Iaw, and as otherwise Iegai. 33 The Union will indemnify, defend and hold the Employer harmless against any claims made and against any suits instituted against the City, its officers or employees, by reason of negligence of the Union in requesting or receiving deductions under this Article. The City will indemnify, defend and hold the IITtION hannless against any claims made and against any suits instituted against the Union, its officers or employees by reason of negligence on the part of the Employer in making or forwarding deductions under this Article. ARTICLE 4 - UNION RIGHTS 4.1 The Union may designate employees within the bargaining uniY to serve as Union Stewazds and shall be required to adminisYer this Agreemenl. 4.2 The Union shall fiunish the Employer and appropriate Department Heads and Labor Relations Director with a list of Stewazds and altemates, and shall, as soon as possible, notify said appropriate City officials in writing of any changes thereto. Only those who are Officers and Stewazds shall be reco� i�ed by the Employer for the purpose of ineetings. • 2 ARTICLE 4 - UNION RIGHTS (Continued) 43 There shall be no deduction from the pay of a Steward when directly involved in meetings with • management relating to the administration of this Agreement during working hours. 4.4 Designated Union Representatives shall be permitted to visit employees on job sites and at department buildings during working hours for the purpose of the administration of this contract. 4.5 Shop Steward - One shop stewazd from each department will be allowed to accompany an empioyee's authorized representative during regular working hours for the purpose of wage, salary, or fringe benefit discussions or other problems of their particular concem involving employees of the City of St. Paul under the foliowing conditions: 1) That only one employee from any one department be allowed to leave his/her work. 2) That the steward be expected to attend these meetings on his/her own time when they aze held outside of hislher regulaz working hours. 3) That adequate notice is given to the department heads so that permission may be obtained. 4) That the steward has officially been designated as such by the Union that he/she represents. 5) Union Conventions - Duly elected Union delegates shall be granted time off without pay for one week to attend such convention. Vacation oz compensatory time may be used for this purpose. � The Union shall give at least ten working days advance notice of the empioyees who will be participating in such conventions. ARTICLE 5 - SENIORITY 5.1 Seniority, for the purpose of this Agreement, shali be defined as foilows: The length of continuous, regulaz and probationary service with the Employer from the date an employee was first appointed to a class title covered by this Agreement, it being fiu�ther understood that seniority is confined to the current class assignment heid by an employee. In cases where two or more employees are appointed to the same class title on the same date, the seniority shail be determined by the employee's rank on the eligible list from which certification was made. 5.2 Seniority shall terminate when an empioyee retires, resigns, or is dischazged. 5.3 In the event it is determined by the Employer that it is necessary to reduce the work force, employees will be laid off by class title within each department based on inverse length of seniority as defined above. 5.4 In cases where there are gromotional series, such as Custodian Engineer I, II, III, etc., when the number af employees in the higher tides is to be reduced, employees who have held lower tities in the bargaining . unit will be offered reductions to the highest tit2e to which class seniority would keep them from being laid off, before layoffs are made by any class title in any department. 3 ARTICLE 5 - SENIORITY (Continued) 5.5 Recall from layoff shall be in inverse order of Iayoff, except that recail rights shaIl expire after two yeazs of layoff. 5.6 It is understood that such employees will pick up their former seniority date in any class of positions tha� they previously held. ARTICLE 6 - MANAGEMENT RIGHTS 6.1 The Union recognizes the right of the Employer to operate and manage its aff'airs in atl respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the Employer has not officially abrid$ed, delegated, or modified by this Agreement aze retained by the Employer. 6.2 A public Employer is not required to meet and negotiate on matters of inherent managerial policy, which inctude, bui aze not timited to, such azeas of discretion of policy as the functions and programs of the Employer, its overail budget, utilization of technology, and organiza�ional structure and selection and direction and number of personnel. ARTICLE �- IiOURS, PREMIUM PAY 7.1 Hours o# Employment - The normal work day and the normal work week shall be 8 consecutive hours in any 24-hour period and 40 hours in any 7-day period. (For employees on a shift basis, this shall be construed to mean an average of forty hours a week.) The normal work week sfiall cansist of 5 consecutive normal work days. Within the Division of Libraries, the normal work week shall consist o� 5 consecutive normal work days followed by two (2} consecutive days off. 7.2 Call-in-Pay - When an employee is called to work he/she shall receive two hours pay if not put to work. If an employee is called to work and commences work, he/she shall be guazanteed four straight time hours pay, or one and one-Half (1.5} times the employee's normal hourly rate for the actual number of hours worked, wtcichever is greater. These provisions, however, shatl not be effective when work is unable to proceed because of adverse weather conditions; nor shall these provisions apply to temporary or emergency employees nor to employees employed under any of the titles listed in Section 3.M of the Civil Service Rules under the heading "Special Employments' ; nor to any person whose regulaz scheduled workday is less than four hours. 73 Overtime - Time on the payroll in excess of the nomtal hours set forth above shall be"overtime work" and shali be done only by the order of the head of the deparkment An Employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined by the employee provided there is money in the budget. In the Division of Libraries, overtime wluch is scheduled overtime shatl be paid at the discretion of the Employer; overtime which is unscheduled shatl be at the cfioice of the employee provided tttere is money in the budget. The overtime rate of one and one-half shall be computed on the basis of 1/80th of the bi-weekly rate. . 4 ARTICLE 7- HOURS, PREMIUM PAY (Continued) 7.4 Premium Pay - To any empioyee who works on a regulazly assigned shift beginning eazlier than 6 a.m. • or ending later than 6 p.m., provided that at least five hours of the sluft aze worked beriveen the hours of 6 p.m. and 6 a.m., there shall be paid a night differential for the enGre shift. To any employee who works on a regularly assigned shift, beginning eazlier than 6 a.m. or ending later than 6 p.m., but less than five hours of the shift are worked between the hours of 6 p.m. and 6 a.m., there shall be paid a night differential for the hours wozked between the hours of 6 p.m. and 6 a.m. Notwithstanding Section III B of the Saint Paul Salary Plan and Rates of Compensation, employees working at the Water Utility's Filtra6on Plant and who are regularly assigned to a shift which begins at 230 p.m. shall be eligible for the night differential as stated in Section III B for the entire shift. 7.5 The night differential shall be 5% of the base rate, and shall be paid only for those night shifts actually worked; provided, however, that the provisions of this subsection shall not apply to emergency or temporary empioyees in the Auditorium, or to employees holding titles listed in Section II of the Saint Paul Salary P1an and Rates of Compensation under the heading "Special Employments" in this bargaining unit. 7.6 A premium pay of twenty-five (25) cents per hour shai] be paid for all swing stage work, such as any work performed from a boatswain's chair or a swing scaffold, fifry (50) feet or more above the ground. All standazd safety laws shail be complied with. • 7.7 Notwithstanding Article 7.1, employees may, through mutual agreement with the Employer, work schedules other than schedules lianited by the normal work day and work week as set forth in Article 7.1. Overtime compensation for employees working under such agreements shall be subject to the provisions, for same, as set forth by the Fair Labor Standazds Act. 7.8 For employees who wish to share a position, the Empioyer will attempt to provide options for implementing a shazing arrangement. Such an arrangement must be mutually agreed upon by the Employer and the empioyees involved. Vacation, holiday, and sick leave benefits for employees who shaze a position shall be pro-rated based upon the percent of hours worked. Health insurance benefits shall be administered in accordance with the provisions of Article 16 (Insurance) of this Agreemeni. In the event that one of the employees participating in the shazed position is terminated or terminates employment, the Employer shall post the job sharing vacancy for a period of ten (10) days. If, at the end of ten (] 0) days, such vacancy cannot be fiiled, the Employer shali have the oprion of increasing the remaining employee's work hours. 7.9 Articles 7.7, and 7.8 shall not be subject to the provisions of Article 19 (Grievance Procedure) of this Agreement. • ARTICLE 8- LEAVES OF ABSENCE 8.1 Leave of Absence - After three month's employment, an employee may make application for a leave of absence not to exceed one yeaz. A leave of absence shall be granted on the basis estahlished in the Civil Service Rules (Resolution No. 3250). � 8.2 Sick Leave - Sick leave shall accumulate at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accumulation is unlimited. To be eligible for sick leave employees must report to their supervisor no later than one-half hour past their regulaz scheduled starting time. The granting of sick Ieave sfiatl be subject to the terms and provisions of Resoiution No. 325Q of the City of Saint Paul. 83 Any employee who has accumulated sick leave credits as provided above shall be granted leave with pay, for such period of time as the head of the department deems necessary, on account of sickness or injury oftfie employee, quarantine established by a public heatth enforcement agency, death of the employee's mother, father, sponse, child, brother, sister, mottier-in-law, father-in-law, grandparent, grandchild or other person who is a member of the household; and may be granted leave with pay for such time as is actually necessary for office visits to a doctor, denrist, optometrist, etc. 8.4 In the case of a serious iltness or disability of an employee's cluld, parent, or household member, the head of the department shall grant ]eave with pay in order for the employee to care for or make arrangements for the caze of such sick or disabled persons. Such paid leave shall be drawn from the empioyees accumulated sick leave credits. Use of such sick leave shall be 1'united to 40 hours per incident. 8.5 Matemity and Parental Leave - Pregnant empioyees of the City of Saint Paul shall be eligible for the use of paid sick leave and unpaid leave of absence in the same manner as any other disabled or ill City employee. Such paid sick leave eligibility shall begin upon certification by the employee's attending physician that the employee is disabled in terms of her ability to perform the duties of her position. A twelve (12) month Pazental leave of absence without pay shall be granted to a natural pazent or an adoptive parent, who requests such leave in conjunction with the birth or adoption of a child. Such leave may be extended an additional twelve (12) months by mutual agreement between the employee and the Employer. Refusal on the part of the Employer to grant an eartension of such 2eave shall not be subject to ihe provisions of Article 6 of this Agreement Employees who retum following such leaves of absence sliall be placed in a position of equivalent salary and tenure as the one held just prior to the beginning of their leave. 8.6 School Conference Leave - An employee shall be granted up to a total of sixteen (16) hours during a school yeaz to attend schooi conferences or classroom activities related to the employee's child, provided the conferences or classroom activities cannot be rescheduled during non-work hours. If the need far the leave is foreseeable, the employee must provide reasonabte prior notice of the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operation of the Employer. An employee shall be allowed to use vacation or compensatory time for this leave; otherwise this leave shall be without pay. • 6 ARTICLE 9- MILITARY LEAVE OF ABSENCE 9.1 Pay Allowance - Any employee who shall be a member of the I�Iational Guard, the Naval Militia or any other component of ihe militia of the state, now or hereafter organized or constituted under state or • federal law, or who shall be a member of the Officer's Reserve Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval force of the Ilnited States, now or hereafter organized or constituted under Federal law, shall be entitled to leave of absence from employment without loss of pay, seniority status, efficiency rating, vacation, sick leave or other benefits for all the time when such employee is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or fedezal purposes, provided that such leave shall not exceed a totat of fifteen (15) days in any calendar year and, further provided that such leave shall be allowed only in case the required military or naval service is satisfactorily petformed, which shall be presumed unless the contrary is established. Such leave shall not be allowed unless the employee: (i} retums to his/her position immediately upon being relieved from such military or naval service and not later than the expiration of time herein limited for such leave, or (2) is prevented from so returning by physical or mental disability or other cause not due to such employee's own fault, or (3) is required by proper authority to continue in such aulitary or naval service beyond the tune herein limited for such leave. 4.2 Leave VVithout Pay - Any employee who engages in active service in time of waz or other emergency declared by proper authority of any of the military or naval forces of the state or of ihe United States for which leave is not otherwise allowed by law shall be entitled to leave of absence from employment without pay during such service with right of reinstatement and subject to such conditions as are • imposed by law. 93 Such leave of absence as are granted under Article 9 shall conform to Minnesota Statutes, Section 192, as amended from time to time and shall confer no additional benefits other than those granted by said statute. ARTICLE 10 - JURY DUTY 10.1 Employees who are required to appeaz in court as jurors or witnesses shall be paid their regulaz pay while they are so engaged, provided however, that any fees that employees may receive from the court for such service shall be paid to the Employer and be deposited with the Director of Finance and Management Services. Any employee who is scheduled to work a shift, other than the normal daytime shift, shali be rescheduled to work the normal daytime shift during such time as he/she is required to appeaz in court as a juror or witness. n U 7 ARTICLE 11- SEVERANCE PAY 11.1 The Employer shall provide a severance pay program as set forth in this Article. 11.2 To be eligible for the severance pay program, an employee must meet the following requirements: � (1) The employee must be 58 years of age or older or must be eligible for pension under the "rule of 85" or the "rule of 90" provisions of the Public Employees Retirement Associarion (PERA). The "rule of 85" or the "rule of 90" criteria shall also appiy to employees covered by a public pension ptan other than PERA. {2) The employee must be voluntarily separated from City empioyment or have been subject to separation by lay-off or compulsory retirement Those employees who are discharged for causa, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligible for the City severance pay program. (3) The employee must have at least ten (10) yeazs of consecurive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this Article, service requirements for severance eligibility will not include yeazs of service with School District #625 for employees hired by the CiTy, or transferred to the City after December 3 t, 1998. (4) The employee must file a waiver of re-employmeat with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or re-employment (of any type), with the City. (5) The employee must have accumulated a minimum of sixty (60) days of sick leave eredits at the • time of his/her sepazation from service. 11.3 If an employee requests severance pay and if the employee meets the eligibifity requirements set forth above, he or she witl be granted severance pay in an amount equal to one-haif of the daily rate of pay for the position held by the employee on the date of sepazation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 1 I.4 The maximum amount of money that any employee may obtain through this severance pay pmgram is $6,500. 11.5 For the purpose of this severance program, a death of an employee shall be considered as sepazation of employment, and if at the time of 1us or her death, the employee would have met all of the requirements set forth above, payment of the severance pay may be made to the employee's estate or spouse. 11.6 For the purpose of this severance program, a transfer from the City of Saint Paul empioyment to Independent School Aistrict No. 625 employment is considered a separation of employment, and such transferee shall be eligible for the City severance program. • ARTICLE 11- SEVERANCE PAY (Continued) 11.7 The manner of payment of such severance pay sha11 be made in accordance with the provisions of City Ordinance No. 11490. • 11.8 This severance pay program shall be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this articie conflict with said ordinance and in such cases, the provisions of this article shall control. 11.9 The provisions of this articIe shall be effective as of December 24, 1983. 11.10 Any employee hired prior to December 31,1983 may, in any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this article or the ordinance shall constitute a baz to receiving sevezance pay &om ihe other. Any employee hired after December 31, 1983 shall on]y be entitled to the benefits of this article upon meeting the qualifications herein. 1 i.l I Articles 11.12 through 11.18 shall apply only to employees appointed aRer June 26, 1990. 11.12 The Employer shall provide a severance pay program as set forth in Articles 11.13 through 11.20. 1 I.13 To be eligible for the severance pay program, an employee must meet the foliowing requirements. (1) The employee must be voluntarily separated from the City employment or have been subject to • separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligible for the city severance pay program. (2) The employee must file a waiver of re-emgloyment with the Human Resources D'uector, which will cleaz2y indicate that by requesting severance pay, the employee waives all claims to reinstatement or re-empioyment (of any type), with the City. (3) The employee must have an accumulated balance of at least elghty (80) days of sick leave credits at the time of his separation from the service. • 9 ARTICLE 11- SEVERANCE PAY (Continued) I 1.14 If an emptoyee requests severance pay and if the empioyee meets the eligibiiity requirements set forth above, he or she will be granted severance pay in an amount equat to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to • a maacimum as shown betow based on the number of years of service in the City. Years of Service with the Citv At Least 20 21 22 23 24 25 Maximum Severance Pav $ 5,000 $ 6,000 $ 7,000 $ 8,000 $ 9,000 $10,000 I 1.15 For the purpose of this severance program, a death of an employee shall be considered as sepazation of empioyment and if the employee would have met a12 of the requirements set fortk above, at the time of his/her death, payment of the severance pay shall be made to the employee's estate or spouse. 11.16 For the purpose of this severance program, a transfer from the City of Saint Paul employmeni to Independent School District No. 625 employment is considered a separation of employment, and such uansferee shall be eligible for the City severanee program. 11.17 The manner of payment of such severance pay shall be made in accordance with the provision of the • City's Severance Pay Ordinance. 11.18 This severance pay program shall be subject to and govemed by the provisions of the City's Severance Pay Ordinance except in those cases wfiere the specific pmvisions of this Article conflict with said Ordinance and in such cases, the provisions of this Article shall control. 1 I.19 Notwithstanding ArticIe 11.1 I, employees appointed prior to June 26, 1990 to a title covered by this Agreement who meet the qualifications as defined by the qualifications as defined in Articles 11.13 and 11.14 may elect to draw severance pay under the provisions of 1 I.14. However, an election by an employee to draw severance pay under Article 11.14 shall constitute a bar to drawing severance pay under any other provisions set forth in this Article 11. 11.20 Employees appointed after June 26,1990, to a title covered by this Agreement shall noi be eligible for any severance pay plan other than the provisions set forth in Articles 11.11 through 11.19. • 10 ARTICLE 12 - CITY MILEAGE 12.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paui Administrative • Code, as amended, pertaining to reimbursement of City o�cers and employees for the use of their own automobiles in the performance of their duties, the foilowing provisions are adopted. 12.2 Method of Computation: To be eligibie for such reimbursement, all officers and empioyees must receive written authorization from the Department Head. Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day the empioyee's vehicle is actually used in performing the duties of the employee's position. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shali not be eligible for any per diem. Type 2. If an employee is required to use his/her own automobile REGULARLY during employment, the employee shali be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. • If such employee is required to drive an automobile during empioyment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. 12.3 The City will provide pazking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement plans who aze required to have their personal caz available for City business. Such parking wiil be provided only for the days the employee is required to have his or her own personal car availabie. 12.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shali file daily reports indicating miles driven and shail file monthly �davits stating the number of days worked and the numbex of miles driven, and fiuther require that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These ntles and regulations, together with the amendment thereto, shall be maintained on file with the city clerk. • 11 ARTICLE 13 - RESIDENCY 13.1 The Residency Resolution effective August 4, 1979, in Council File No. 273378 shall apply to all employees covered by this Agreement. ARTICLE 14 - WORKING OUT OF CLASSIFTCATION • 14.1 Employer shall avoid, whenever possible, working an employee on an out-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fiReen (15} working days shait receive the rate ofpay for the out-of-class assignment in a higher classification not later than the sixteenth (16th) day of such assignment. For the purpose of this Article, an out-of-class assignment is defined as an assignment of an employee to perform, on a full time basis, a11 of the significant duties and responsibilities of a position different from the employee's regular position, and which is in a classification higher than the classificarion held by such employee. The rate of pay for an approved out-of-class assignment shall be the same rate the employee would receive if such employee received a regulaz appointment to the higher classification. ARTICLE 15 - DISCIPLINE 15.1 The Employer will discipline employees for just cause only. Discipline will be in the form of: (1) Oral reprimand; (2) Written reprimand; (3) Suspension; (4) Reduction; (5) Discharge 15.2 A notice in writing of Suspensions, Reductions and Disehazges shall be sent to the employee and the union seventy-two (72) hours after such action is taken. 15.3 Employees and the Union will receive copies of written reprimands and notices of suspension and discharge. • 15.4 Employees may examine all information in the Empioyer personnel file that concerns work evaluations, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the Employer. 15.5 Discharges will be preceded by a five (5} day preliminary suspension without pay. During said period, tfie employee and/or Union may request, and shall be entided to a meeting with the Employer representative who initiated the suspension with intent to discharge. During said five (5) day period, the Employer may affirm the suspension and dischazge in accordance with Civil Service Rules or may moclify, or withdraw same. 15.6 An employee to be questioned concerning an investigation or disciplinary action shall have the right to request that a Union representative be present. • 12 ARTICLE 15 - DISCIPLINE (Continued) 15.7 Grievances relating to this Article shall be processed in accordance with existing Civil Service procedures, except that oral and written reprimands shall be taken up in the grievance procedure under • Article 19 (Crrievance Procedure). ARTICLE 16 - INSURANCE Active Empioyee Insurance 161 The insurance plans, premiums for coverages and benefits contained in the insurance plans offered by the Employer shail be solely controlled by the contracts negotiated by the Employer and the benefit providers. The Bmployer will attempt to prevent any changes in the benefits offered by the benefit providers. However, the employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. 16.2 For the purpose of this Article, full-time employment is defined as appeazing on the payroll an average of at least 32 hours per week for the twelve (12) month period preceding the annual open enrollment or special enrollments, or for the six (6) month period preceding initial enroliment. Three-quarter time employment is defined as appearing on the payrofl an average of at least 26 hours per week, but less than 32 hours per week, for the tweive (12) month period preceding the annual open enroliment or special enroliments, or for the six (6) month period preceding initiai enrollment. Aaif-time employment is defined as appearing on the payroll at least 20 hours per week, but less than 26 hours per week, for the twelve (12) month period preceding the annuai open enroliment or special • enrollments, or for the six (6) month period preceding the initial enrollment. 16.3 For each eligible employee covered by this Agreement who is employed half-time and who selects employee heaith insurance coverage, the Employer agrees to contribute fifty percent (50%) of the amount contribuied for fuli-time employees selecting empioyee coverage in the same insurance plan. For each half-time employee who selects family health insurance coverage, the Employer agrees to contribute fifty percent (50%) of the amount contributed for full-time employees selecting family health insurance coverage in the same insurance plan. For each eligible empioyee covered by this Agreement who is employed three-quarter time and who selects employee health insurance coverage, the EMPLOYER agrees to contribute seventy-five (75%) of the amount contributed for full-time employees selecting employee coverage. For each three-quarter time employee who selects family health insurance coverage, the Employer agrees to contribute seventy- five percent (75%) of the amount contributed for full-time employees selecting family health insurance coverage. 16.4 Effective January 1, 1997, for each eligible employee covered by this Agreement who is empioyed full-time and who selects employee health insurance coverage, the Employer agrees to contribute the cost of the least expensive employee insurance offered by the Employer. For each eligible full-time employee who selects family heaith insurance coverage, the Employer will contribute the cost of such • family coverage or $349.85 per month, whichever is less. 13 ARTICLE 16 - INSURANCE (Continued) 16.5 Effective January 1, 1998, for each eligible employee covered by this Agreement who is employed full- time and who selects employee heaith insurance coverage, the Employer agrees to contribute the cost of Yhe least expensive premium for employee health insurance offered by the Employer. For each eligible • full-time employee who selects family health insurance coverage, the Employer's contribution towazd family insurance coverage shown above in Article 16.4 shatl be adjusted to reflect an increase in an amount equal To fiRy percent (50%) of the largest 1998 premium inerease foz fanvly health insurance coverage provided by the Employer. The 1998 contribution is $349.85. 16.6 Notwithstanding Article 163, eligible employees covered by Yhis Agreement and employed half-time prior to January 1, 1986, sha11 receive the same insurance contributions as a fuli-time employee. This Article, 16.6, applies only to eligible employees who were employed half-time during the month of December, 1985, and shall continue Yo apply only as long as such employee remains continuously employed half-time. Reriree Insurance 16.7 Employees who retire must meet the following conditions at the time of retirement in order to be eligible for the Employer contributions, listed in Sections 16.8 through 16.11 below, towazd a health insurance plan offered by the Employer: (1) Be receiving benefits from a public employee retirement act at the time of rerirement, and (2) Have severed his/her relarionship with the City of Saint Paul for reasons other than misconduct, and (3) Have completed at least 20 years with the City of St. Paul. (4) Service requirements for retiree health insurance eligibility wili not inclnde years of service wit School District #625 for employees hired by the City, or transfetted to the City, after December 31, 1998. Early Retirees 16.8 This Section shall apply to full time employees who: (1) Retire on or after 7anuary 1, 1996, and (2) Were appointed on or before December 31, 1995, and (3) Have not attained age 65 at retirement, and (4) Meet the terms set forth in Section 15.7 above, and (5) Select a health insurance plan offered by the Employer Until such employees reach sixty-five (65) years of age, the Employer agrees that for retirees selecting single coverage, the Employer wili provide the same contribution as is provided for active employees selecting single coverage under this Agreement. Ttus amount, however, shal2 not exceed $350.00 per month. For employees selecting family healtti insurance coverage, the Employer will coatdbute $350 per month towazd the premium for family health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree. When such eaziy retiree attains age 65, the provisions of Section 16.10 shall apply. • 14 ARTICLE 16 - INSURANCE (Continued) � 16.9 This Section shall apply to full time employees who: (1) Retire on or after January 1,1996, and (2) Were appointed on or after January 1, 1996, and (3) Have not attained age 65 at retirement, and (4) Meet the conditions set forth in Section 16.7 above, and (5) Select a health insurance pian offered by the Employer. 9'�`- ��,� Until such retirees reach sixty-five (65) yeazs of age, the Employer agrees to contribute a maximum of $300.00 per month towazd the cost of single or family health insurance coverage. Any unused portion shall not be paid to the retiree. When such eazly retiree attains age 65, the provisions of Section 16.11 shail apply. Regular Retirees (Age 65 and over) 16.10 This Section shall apply to full time employees who: (1) Retire on or after January 1, 1996, and (2) Were appointed on or before December 31, 1995, and (3) Have attained age 65 at retirement, and (4) Meet the terms set forth in Section 16.7 above, and (5) Select a health insurance plan offered by the Employer The Employer agrees to contribute a maximum of $350.00 per month towazd the premium for single or � family health insurance coverage offered by the Employer to regular retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This 5ection shall also apply to eazly retirees who retired under the provisions of Section 16.8 when such eazly retirees attain age 65. 16.11 This Section shall apply to fuli time employees who: (1) Retire on or after January i, 1996, and (2) Were appointed on or after January 1, 1996, and (3) Have attained age 65 at retirement, and (4) Meet the terms set forth in Sections 16.7 above, and (5) Select a heaith insurance plan offered by the Employer The Employer agrees to contribute a maacimum of $300.00 per month toward the cost of single or family health insurance coverage ofFered to regular retirees and their dependents. Any unused portion shall not be paid to the retiree. This Section shall also apply to eazly retirees who retired under the provisions of Section 16.9 when such eazly retirees attain age 65. �� L 15 ARTICLE 16 - INSURANCE (Continued) 16.12 If an employee does not meet the condition of Section 16.7(3), but has completed at least ten (10) year of service with the City, he/she may purchase single or family healYh insurance coverage througk the Employer's insurance program. The total cost of such insurance coverage shall be paid by the retiree. � 16.13 A retiree may not carry his/her spouse as a dependent if such spouse is also a City retiree or City employee and eligible for and is enrolled in the City's health insurance program. 16.14 For each eligible employee the Employer agrees to contribute the cost $20,000 of life insurance coverage. 16.15 Any cost of any premium for any City-offered employee or family insurance coverage in excess of the dollaz amounts stated in this Article 16 shall be paid by the employee. 16.16 The Employer will provide a system whereby the employee's contribution toward the premiums for the employee's selected health insurance coverages can be paid on a pre-tas basis. Employees covered by the Agreement will be e2igible to participate in the Flexible Spending Account as offered by the Employer. The service fee charged to participating employees shall be paid by the empioyee. 16.17 Employees covered by this Agreement shall be eligibte to participate in the Dependent Care Reimbursement Account offered by the Employer. The service fee chazged to participating employees shail be paid by the Employer. 16.18 The contributions indicated in this Article 16 shall be paid to the Employer's Third Party Administrator. Survivor Insuraace 16.19 The surviving spouse of an employee carrying family coverage at the time of his/her death due to a job connected injury or illness which was detemuned to have arisen out of and in ttie course of his/her employment under worker's compensation law shall continue to be eligible for city contribution in the same proportions as is provided for retired employees In the event of the death of an eazly retiree or a regulaz retiree, the dependents of the retiree shall have the option, within thirty (30) days, to continue the cturent hospitalization and medical benefits which said dependents previously had, at the premium and Employer contribution accorded to the eligible deceased retiree. It is further understood that coverage shalt cease in the event of: (1) Subsequent remarriage of the surviving spouse of the deceased employee or retiree. (2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Employer. In this event, however, the surviving spouse or dependeat shall have the right to mainiain City health in�,��nce for the first ninety (90) days of said employment. • 16 ARTICLE 17 - HOLIDAYS � �- � 53 17.1 Holiday recognized and observed. Ttie following days shall be recognized and observed as paid holidays: � New Yeazs Day - January 1 Martin Luther King Day - 3rd Monday of January Presidents' Day - 3rd Monday of Februazy Memorial Day - The last Monday of May Independence Day - 7uly 4 Labor Day - I st Monday of September Veterans' Day - November 11 Thanksgiving Day - 4th Thursday of November The Day After Tbanksgiving Christmas Day - December 25 Two Floating Holidays Eligibie employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above sha11 fall on Sunday, the succeeding Monday shall be observed as the holiday. For those employees assigned to a work week other than Monday through Friday, the holiday shall be observed on the calendaz date of the holiday. 17.2 The floating holidays set forth in Section 11.1 above may be taken at any time during the contract yeaz, subject to the approval of the Department Head of any employee. • 173 Eligibility Requirements In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an employee's name must appeaz on the payroii the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. 17.4 If an employee entitled to a holiday is required to work on Maztin Luther King Day, Presidents' Day, Veterans' Day or the Day after Thanksgiving he/she shall be granted another day off with pay in lieu ihereof as soon thereaRer as the convenience of the department permits, or he/she shall be paid on a straight time basis for such hours worked, in addition to his/her regulaz holiday pay. Employees assigned to a twelve (12) hout shift shall have holiday overtime using a twelve (12) hour value. If an employee entitled to a holiday is required to work on New Year's Day Memorial Day, Independence IJay, Labor Day, Thanksgiving Day or Christmas Day, he/she shall be recompensed for work done on this day by being granted compensatory time on a time and one half basis or by being pvd on a time and one-half basis for such hours worked, in addition to his/her regulaz holiday pay. Emp3oyees assigned to a twelve (12) hour shift shall have holiday overtime using a twelve (12) hour value. . 17 _ __,,,� ARTICLE 18 - VACATION I8.I Vacation credits shall accumulate at the rates shown beIow for each full hour on the payroIl, excIuding overtime. Years of Service .0385 (10 days) .06] 6 (16 days) .0731 (14 days) .0885 (23 days) .1000 (26 days) Hours of Vacation 1 st year thru 4th yeaz Sth year thru 9th yeaz l Oth yeaz thru 15th yeaz 16th year thru 23rd year 24th yeaz and thereafter 18.2 The head of the department may penmit an employee to cazry over into the "vacarion year" up to one-hundred twenty (120) hours of vacation. For the purpose of this article the "vacarion year" shall be the fiscal yeaz (IRS payroll reporting year). 18.� The above provisions of vacation shall be subject to the Saint Paul Satary Plan and Rates of Compensation, Section I, Sub. H. � 18.4 If an employee has an accumulation of sick leave eredits in excess of one hundred and eighty days, helshe may convert any part of such excess of vacation at the rate of one-half day's vacation for each day of sick leave credit. The maximum number of days' vacation allowed by the conversion of sick leave credits shall be no more than fxve days in any one "vacation year". • ARTICLE 29 - GRIEVANCE PROCEDURE 19.1 T'he Empioyer shall recognize Stewards selected in accordance with TJnion rules and regulations as the grievance representaiive of the bargaining unit. The Union shall notify the Employer in writing of the names of the Stewazds and of their successors when so named. 14.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is lunited by the job duties and responsibilities of the empIoyees and shall therefore be accomptished during working hours only when consistent with such employee duties aud responsibilities. The Steward involved and a gieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Steward and the empIoyee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to ihe work programs of the Employer. 18 • ARTICLE 19 - GRIEVANCE PROCEDURE (Continued) � g' D�3 19.3 The procedure estabiished by this Article shall be the sole and exclusive procedure, excepi for the appeal • of disciplinary action as provided by Article I5, for the processing of grievances, which aze defined as an alleged violation of the terms and conditions of this Agreement. Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and refeaed to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within fourteen (14) calendaz days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendaz days after receiving the written grievance a designated Employer supervisor shali meet with the Union 5tewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendaz days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7} calendaz days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. • Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated Employer supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the Employer shall reply in writing to the Union stating the Employer's answer conceming the grievance. If as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred to in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendaz days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an azbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an azbitrator within the said seven (7) day period, either parry may request the Public Employment Relation Boazd to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panei. 1'he Union shali strike the first (1 st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the azbitrator. • 19 ARTICLE 19 - GRIEVANCE PROCEDURE (Continued) 19.4 The azbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract &om the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue 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. The azbitrator shali be without power to make decisions confrary 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 paz[ies, whichever be later, unless the parties agree to an e�Rension. The decision shall be based solely on the arbitrator's interpretation or applicatiott of the express terms of tlus Agreement and to the facts of the grievance presented. The decision of the arbitrator shaIl be final and binding on the Employer, the Union, and the employees. 19.5 The fees and expenses for the arbitrator`s services and proceedings shaii be bome 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. 19.6 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. 19.7 It is understood by the Union and the Empioyer that a grievance may be determined by either the grievance procedure of this contract or by the provisions of the Civil Service Rules of the City of Saint Paul. If an issue is determined by this grievance procedure it shaIl not again be submitted for arbitration under the Civil Service Rules. If an issue is determined by the provisions of the Civil Service Rules it • shall not again be submitted for azbitration under this grievance procedure. ARTICLE 20 - WAGE SCHEDULE 20.1 The wage schedule for purposes of this contract shail be Appendix A attached hereto. T4ie basic hourly wage rates in Appendix A refIect the folIowing increases: 1997 Effective 12/21/96 2.0% Effective 07/19/9? 0.5% Effective 12/20/97 0.2% 1998 Effective 02/28/98 2.0% Effective 09/26/98 0.8% Retroactive pay adjustments shall apply to all empioyees of the bazgaining uait except those who have been terminated for cause. • 20 ARTICLE 21 - STRIKES, LOCKOUTS, WORK INTERFERENCE �� 5 3 21.1 The Union and the Employer agree that there shall be no strikes, work stoppages, slow-downs, sit- • downs, stay-ins, or other concerted interference with the Employer's business or affairs by said Union and/or the members thereof, and there shall be no bannering during the existence of this Agreement without first using all possibie means of peaceful settlement of any controversy which may arise. ARTICLE 22 - NON-DISCRIMINATION 22.1 The terms and conditions of this Agreement will be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, or because of membership or non-membership in the L3nion. 22.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 23 - SAFETY SHOES, UNIFORMS 23.1 The Employer agrees to pay $50.00 per year toward the cost or repair of a pair of safety shoes purchased by an employee who is a member of this unit. The Employer shall contribute towazd the cost of one pair of shoes per contract yeaz and shall not be responsible for any additional cost for any additional shoes thereafter. The contribution shall be accumulafive from yeaz to year, beginning in 1997, to a maximum • benefit of $I50.00 should an employee not utilize the benefit during a calendaz year. This reimbursement shall be made only after investigation and approval by the immediate supervisor of that employee. The Employer contribution shall apply only to those employees who aze required by the Employer to weaz protective shoes or boots. 23.2 The Employer wiil initially provide each employee working in the Water Tzeatment Plant who is required to weaz a specified uniform with five (5) uniforms. The uniform will consist of five pairs of trousers, five long-sleeved shirts, and five short-sleeved shirts. Coveralls can be substituted for a shirt and a trouser. In subsequent yeazs, the Employer agrees to provide a uniform allowance of up to $100 per calendar yeaz towazd the cost of repiacing uniforms. Employees must provide proof of uniform purchase to be reimbursed. Employees aze responsible for caze and upkeep of the uniform. • 21 ARTICLE 24 - TERMS OF AGREEMENT 24.1 Complete Agreement and Waiver of Bargaining - This Agreement shall represent the complete Agreement between the Union and the Employer. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opporhuiity to make requests and proposals with respect to any subject or matter not removed by law from the area of coltective bazgaining, and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opportunity aze set forth in this Agreement. Therefore, the Employer and the Union, for the Iife of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bazgain collectively with respect to any subject or matter referred Yo or covered in this Agreement. 24.2 Savings Ctause - This Agreement is subject to the Iaws of tfie United States, tiia State of Minnesota, and the City of Saint Paul. In the event any provision of this Agreement shall hold to be contrazy to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. 243 Terms of Agreement - Excepi as herein provided, this Agreement shall be effective as of the date it is executed by the parties and shall continue in full force and effect thru the 3I st day of December, 1998, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend, or modify this Agreement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1984. In witness thereof, the parties have caused this Agreement to be executed this r�$' day of August 1998. • • 22 ARTICLE 24 - TERMS OF AGREEMENT �24.4 This constitutes a tentative Agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City, the City Council, and is also subject to rafification by the Union. WITNESSES: CITY OF SAINT PAUL INTERNATIONAL UI�iION OF OPERATING ENGINEERS, LOCAL NO. 70 -��-�-, �-ag-s�' Mary . Kearney Date Labor Relations Director U �'" �-as-qe `� �usiness Mana D� � � S Presi ent Date l.7ino%k► �7 �� .5-tis Recording Secretary Date � '� Negotiat�, g Committee D e ommittee Date � �—� 9� o�nni eeo Date Date �'./ m1-9t� Negbtiating Committee Date �� Business epresenta ' e Date • 23 APPENDIX A - WAGES �/g�$�3 The wage rates and salary ranges for classifications in this unit aze as follows: �J � C� Effective Effective Effecrive Effective Effective 12/21/96 �/19/97 12/20/97 02/28/98 9/26/98 2% .$% .2% 2% .8% Building Maintenance Engineer First 6 months 18.43 18.52 18.56 18.93 19.08 After 6 months 18.43 18.52 18.56 18.93 19.08 Chief Operating Engineer- Civic Center First 6 months 19.94 20.04 2�.08 20.48 20.64 After 6 months 20.75 20.85 20.89 2131 21.48 Custodian-Engineer I First 6 months 16.04 16.12 16.15 16.47 16.60 After 6 months 16.75 16.83 16.86 17.20 1734 Modified Duty Worker Custodian Eng I. First 6 months 16.04 16.12 16.15 16.47 16.60 Afrer 6 months 16.75 16.83 16.86 17.20 1734 Custodian-Engineer I - Library First 6 months 16.04 1612 1615 16.47 16.60 After 6 months 16.75 16.83 16.86 17.20 1734 Custodian-Engineer I - Public Safety First 6 months 16.04 16.12 16.15 16.47 16.60 After 6 months 16.75 16.83 16.86 17.20 17.34 -Al- Appendix A(Continued) Effective Effective Effective Effective Effective ]2/21l96 7/19/97 12/20/97 02/28/98 9/26/98 2% .5% .2% 2% .8% Custodian-Engineer If First 6 months 16.40 16.48 16.51 16.84 I6.97 After 6 months 1732 17.4I I7.44 I7.�9 17.93 Custodian-Engineer II - Library First 6 months 16.40 16.48 16.51 16.84 16.97 After 6 months 1732 17,41 17.44 17.79 17.93 Custodian-Engineer III First 6 months 17.62 1'7.71 17.�5 18.11 18.25 Afrer 6 months 18.57 18.66 18.70 19.07 19.22 Custodian-Engineer III -Library First 6 months 17.62 17.71 17.75 18.11 18.25 After 6 months 18.57 I8.66 18.70 14.07 19.22 *Filter Plant Operator I First 6 months 1734 17.43 17.46 17.81 17.95 After 6 months 18.04 18.13 18.17 18.53 18.68 House Custodian II First 6 months 12.20 12.26 12.28 12.53 12.63 After 6 months 12.20 12.26 12.28 12.53 12.63 Instrument Repairer First 6 months 18.87 18.96 19.00 1938 19.54 After 6 months 19.61 19.71 19.75 20.15 20.31 -A2- � • • Appendix A(Conrinued) Effective Effective Effective Effective Effecrive 12/21196 7119/97 12/20/97 02f28/98 9126/98 2% .5% .2% 2% .8% Maintenance Worker First 6 months 17.70 17.79 17.83 18.19 1834 After 6 months 18.40 18.49 18.53 18.90 19.05 Operating Engineer First 6 months 1836 18.45 18.49 18.86 19.01 After 6 months 19.10 19.20 19.24 19.62 19.78 Operating Engineer - Civic Center First 6 months 1836 18.45 18.49 18.86 19.01 After 6 months 19.10 19.20 19.24 19.62 19.�8 Pumping Engineer II First 6 months 1836 18.45 18.49 18.86 19.01 After 6 months 19.10 19.20 19.24 19.62 19.78 Pumping Engineer III First 6 months 19.94 20.04 20.08 20.48 20.64 After 6 months 20.75 20.85 20.89 21.31 21.48 Sewer Pumping Station Operator First 6 months 19.15 19.25 19.29 19.68 19.84 After 6 months 19.88 19.98 20.02 20.42 20.58 -A3- Appendiac A(Continned) Effective Effective Effective Effective Effeetive I2/21/96 7/19/97 12/ZO/97 02/28/98 9/26198 2% .5% .2% 2% .8% Supervisory Stationary Engineer First 6 months 18.22 18.31 1835 18.72 18.87 After 6 months 18.94 19.03 19.07 19.45 19.61 Trainee (Custodian-Engineer} First 6 months 8.64 8.68 8.70 8.87 8.94 After 6 months 8.93 8.97 8.99 9.17 9.24 Water Plant Aide First 6 months 16.05 16.13 16.16 16.48 16.61 After 6 months 16.78 16.86 16.89 17.23 1737 Water Plant Operator I First 6 months 17.62 17.71 17.75 18.11 18.25 After 6 months 2832 18.41 18.45 18.82 18.9? Water Treatment Plant Operator II First 6 months 1836 18.45 18.44 18.8fi 19.01 Af[er 6 months 19.10 19.20 19.24 19.62 19.78 Custodian Start 14.01 14.08 14.11 1439 14.51 Afrer 6 months 14.42 14.49 I4.52 I4.81 14.93 After 1 yeaz 14.66 14.73 14.76 15.06 15.18 After 2 yeazs 15.12 15.20 15.23 15.53 15.65 . -A4- � • • Appendix A(Continued) Effective Effective Effective Effective Effective 12(21l96 7l14l97 12l20/97 02/28/98 4l26l98 2% .5% .2% 2% .S% Modified Duty Worker - Custodian Start 14.01 14.08 14.11 14.39 14.51 After 6 months 14.42 14.49 14.52 14.81 14.93 After 1 yeaz 14.66 14.73 14.76 15.06 15.18 After 2 yeazs i5.12 15.20 1523 15.53 15.65 Custodiai Worker Start 12.47 12.53 12.56 12.81 12.91 After 6 months 12.84 12.90 12.93 13.19 1330 Afrer I year 13.12 13.19 13.22 13.48 13.59 After 2 yeazs 13.58 13.65 13.68 13.95 14.06 Pazk Ranger 0-500 hours 8.40 8.44 8.46 8.63 8.70 501-1000 hours 8.90 8.94 8.96 9.14 9.21 1001-1500 hours 9.40 9.45 9.47 9.66 9.74 1501+ hours 10.12 10.17 10.19 1�39 10.47 Modified Duty Worker - Park Ranger 0-500 hours 8.40 8.44 8.46 8.63 8.70 501-1000 hours 8.90 8.94 8.96 9.14 9.21 1001-I500 hours 9.40 9.45 4.47 9.66 9.74 1501+ hours 10.12 10.17 10.19 1039 10.47 � Appendix A(Continued) Effecrive Effective Effecrive EffecUve Effective 12/21l96 7/19/97 12/20/97 02/28/98 9/26f98 2% .S% .2% 2% .8% Police Park Ranger Start 8.40 8.44 8.46 8.63 8.70 After 6 months 9.73 9.78 9.80 10.Q0 10.08 After 1 year 10.12 10.17 10.19 10.39 10.47 After 2 yeazs 7 0.61 1 �.66 10.68 10.89 10.98 After 4 yeazs 11.13 11.19 1 I.21 11.43 11.52 After 5 yeazs 11.50 11.56 11.58 11.81 11.90 After 10 years 12.26 12.32 1234 12.59 12.64 Custodian (Light Duly) A (1) 12/21/96 76'139 07/] 9/97 771.23 12/20l97 '772.77 02/28/48 788.23 09/26/98 744.54 B �z) 792.95 796.91 798.50 814.47 820.99 C (3) 818.52 822.61 824.26 840.75 847.48 Security Officer Modified Duty Worker - Security Officer A B C � �z) � 12/21/96 944.70 982.94 1018.17 0�/19/97 949.42 987.85 1023.26 12/20/97 95132 989.83 102531 02/28/98 97035 1009.63 1045.82 09/26/98 978.11 1017.71 2054.19 Security Officer - Water Utility 12121l96 07l19/97 12/20/97 02/28/98 09l26/48 A (1) 993.48 498.45 1000.45 1020.46 1028.62 B C �2) �3) 1025.53 1058.80 2030.66 1064.04 1032.72 1066.22 1053.37 1087.54 1061.80 1096.24 D (4) 845.10 84933 851.03 868.05 874.99 D (4) 1056.47 1061.75 1063.87 1085.15 1093.&3 D {4) 1094.57 2100.04 1102.24 I124.28 1133.27 E (5) 874.96 879.33 881.09 898.71 905.90 E (5) 1097.66 1103.15 1105.36 1127.47 1136.49 E (5) 1133.16 2138.83 1141.11 1163.93 1173.24 F (6) 904.72 909.24 911.06 929.28 936.71 F (6) 1143.24 1148.46 1151.26 1174.29 1183.68 F (6) 1176.04 2181.92 1184.28 1207.97 1217.63 10-yr. �7) 923.93 928.55 930.41 949.02 956.61 10-yr. ��) 1166.70 1172.53 11�4.88 119838 1207.97 I S-yr. � 944.10 948.82 950.72 969.73 977.49 I S-yr. � 1196.12 1202.10 1204.50 1228.59 1238.42 10-yr. �� 1205.65 1211.68 1214.10 1238.38 1248.29 r� L 15-yr. �g) 1232.51 1238.67 1241.15 i26S.97 1276.1� -ACr- Appendix A (Continued} Personnel hired for employment with the City after ihe daie of the signing of this agreement, to a ciass • listed in ARTICLE 1 above, shail be compensated at the "0 - 6 months" hourly wage rate during their probationary period. After completion of the probationary period the empioyee shall be paid at the "after 6 months" hourly wage rate. Employees promoted from any class listed in ARTICLE 1 above to any class listed in ARTICLE 1 above shall receive the "after 6 months" houriy wage rate. Temporary employees shall be paid the minimum rate indicated in this APPENDIX for the classification in which they aze employed. • • -A7- APPENDIX B- COMO PARK CONSERVATORY/ZOO LAYOFFS � g' � 5� � Noiwithstanding ARTICLE 53 of this Agreement, in the event it is detemuned by the EMPLOYER that it is necessary to reduce the work force at the Como Pazk Conservatory/Zoo work station, employees wi11 be laid off based on the inverse order in which their names appeaz in this Appendix B, regazdless of the classification indicated following their name. Appendix B will only apply to the named emgloyees herein as long as they remain continuously employed 'm the classification indicated and at the Como Pazk Conservatory/Zoo work station. In the event an employee's classification or work station is changed, this Appendix B wili no longer be applicable to such employees. EMPLOYEE Otimo Vasquez Edwazd Erichsen Thomas Stellwag Kenneth Reding Dennis Hermann CLASSIFICATION Custodian-Engineer II Custodian-Engineer II Operating Engineer Operating Engineer Operating Engineer This Appendix B wiil sunset when the last Custodian-Engineer II leaves the Como Park Conservatory/Zoo work station. � U . '� q�-85 3 J • . MEMORANDUM OF AGREEMENT The City of Saint Paul hereinafter refened to as the "Employer", and I.U.O.E. Loca170, hereinafter referred to as the "Union", agree that the Operations Department at the McCarron's Filfration Plant at 1900 Rice Street, St. Paul, can implemenf a work schedule consisting of three (3} twelve-hour days (1) four-hour day. This agreement is established pursuant to 29 U.S.C. § 207 (b) (1} ofthe Fair Labor Standazds Act. It is fixrther understood fhat employees within the Operations Department may, on a voluntary basis, agree to a pay period consistmg of six (6) twelve-hour days and one(i) eight-hour day. The Union aclrnowledges that the affected employees hereby waive any and a11 claizns to premium pay (overtime} for hours in excess of forry per week which result from this substitute schedule. The Union also acknowledges that for the employees covered by this Memorandum of Agreement, Article 7.4 of the current collective Bargaining Agreement shall be revised to read "6:30" a.m. to "6:00". The result of this is that the employees worldng the 630 a.m. to 630 p.m. shift sha11 receive no premium pay for the last half-hour, while those working the shift beginning at 630 p.m. will receive the night differential for the hours worked on that shift. Both parties agree that this Memorandum of Agreement sha11 become null and void inunediately upon the Department of Labar filing a claim against the Employer, or upon the Departrnent of Labor upholding the claim of an individual against the Employer as a result of this substitute work schedule. The undersigned have read and understand the above Agreement. Signed this 2 ��`day of A , 1998. CITY OF SAINT PAUL -vf,�a�(�- � �t Mary H. Keamey Director of Labor Relations I.U.O.E., LOCAL 70 L��f� � Dick Lally, Bus. Mgr. � Ed Kr inger, Bus. ep. �� Mik / �ewazd F.V.ABREL\COMRACTOPENG"!0\95 96�IvI0AHOURS Council File # �$ -8 53 �� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet #_62404_ Presented by_ Referred To Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached Z 1997-1998 Labor Agreement between the City of Saint Paut and the InternationaI Union of Operatmg Engineers Loca170. Requested by Department of. Office of Labor Relations By: � [C°--�--� _ AdopUon Certified by Council Secretary , � � __� �� •.. . -I. . I. �: - r � �:.1��' . .- ` /.� Adopted by CounciL Date �g� �� Form App roed b� C' ttorney B �C�f�r� �IY - trS.� September 2, 1998 CITY OF SAINT PAUL & INTERNATIONAL iJPTION OF OPERATING ENGINEERS, LOCAL 70 1997,1998 Collective Bargaining Agreement Wage and Benefit Summary 11i1�l7�.`A 1997 12/21/96 2.0% 07/19/97 0.5% 12/20/97 0.2% 2.7% 1998 02/28/98 2.0% 09/26/98 0.8% 2.8% *Retroactive pay adjustments shall apply to a11 employees of the bargaining unit except those who have been terminated for cause. Classification Upgrades: Effective January, 1997 Instrument Repairer - Increase hourly wage by $0.50 Maintenance Warker - Increase hourly wage by $035 Trainee (Custodian Engineer) - Increase "after 6 month" hourly wage by $0.28 HEALTHINSURANCE: 1997 I 1998 Single: Full single premium. Single: Full single premium. Family: $336.41 + 50% of the premium increase. I Family: $349.85 + 50% of premium increase. BENEFITS: Call-in-Pay (Article 7.2). Currently when an employee is cailed to work he/she receives two hours pay if not put to wark and four straight time hours pay if work commences. Language was added guaranteeing the four hours ar one and one-half (1.5) times the employee's normal hourly rate for the actual number of hours worked, whichever is greater. Oeertime (Article 7.3). Employees currently determine how overtime is paid, either in compensatory time, or cash, provided there is money in the budget. Language was added that allows the Division of Libraries to pay scheduled overtime in the manner determined by the Employer. Unscheduled overtime shali be paid in the manner deternuned by the Employee provided there is money in the budget. (Library employees are accumulating to much comp. Ume, when they take time off it creates a need for more overtime. Libraries wants to pay cash for overtime.) a� �s3 International Union of Operating Engineers, Local 70 1997,1998 Wage and Benefit Summary. Life Insurance (Articie 1614). Empioyer paid benefit increased from $15,000 to $20,000. Safety shoe allowance (Article 23.1). Current annual allowance of $50.00 can now be used for both purchase and repair and can be carried over from yeaz to yeaz, to a m�nnum accumulation of $150.00. Any unused funds from 1997 can be carried over to 1998. Uniforms (Article 23.2). An inirial uniform will be provided by the employer to employees working in the Water Treatment Plant who aze required to weaz a specified uniform. The uniform will consist of five pairs of trousers, five long-sleeved shirts, and five short-sleeved shirts. Coveralls can be substituted for a shirt and a trouser. In subsequent years, the Employer agrees to provide a uniform allowance of up to $100 per calendar year toward the cost of replacing uniforms. Empioyees must provide proof of uniform purchase to be reimbursed. Employees are responsible for caze and upkeep of the uniform. Th3s replaces the current practice of renting uniforms from a uniform supply company. LANGUAGE Eligibility for Benefits. School District #625 employment will no longer count towazd the service requirement for employees hired by the City, or transferred to the City, after December 31, 1998, for purposes of Severance (Article 11); Retiree Health Tnsurance (Article 16) Como Park ConservatorylZoo Layoffs (Appendix S). The order of layoff, in case of a wark force reduction, for employees holding different titles was updated and sunset language was added. Twelve-hour Days at McCarron's Filtration Plant (MOin. The Memorandum of agreement from the previous contract allowing employees to work twelve hour days was extended to this contract. FiI.ABREL\CONIRAC'1�OPENG70\i997\SUMIvIARYI WPD v DEPARTMENT/OFFICE/COUNCIL: DATE INTTIATED GREEN SfIEET No.: 62404 LABOR RELATIOIv'S 9/2/98 q�C ' g 53 CONTACT PERSON & PHONE: � INITIAL/DATE Wi1'IAL/DniE NLIE KRAUS 266-6513 ASSIGN 1 DEPARTMENT DIR. � 4 CITY COUNCIL N[IMBER 2 CITY ATTORNEY CITY CLERK MUST BE ON COUNCIL AGEA'DA BY (DATE) FOR BUDGET DIR. FIN. & MGT. SERVICE DIR. ROUTD�iG 3 MAYOR (OR ASST,�� ORDER �� — TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATTONS FOR SIGNATORE) ncriox xeQUes�n: This resolufion approves the attached 1997-1998 Labor Agreement between the City of Saint Paul and the Internationai Union of Operating Engineers Local 70. RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE COIVTRACTS MI1ST ANSWER THE FOLLOWING QUESTIONS: _PLANNING COMMISSION _CIVIL SERVICE COMIvIISSION i. Has th9s person/finn ever worked under a contract for this departrnent? _CIB COMMITTEE Yes No _STAFF 2. Hac this person/5mi ever been a city employee? DISTWCTCOIJRT Yes No SUPPORTS WHICH COIJNCIL OBJECTIVE? 3. Does this person/firm possess a skill not normally possessed by any cucrent city employee? Yes No Explain a14 yes auswera ou aeparate sheet and attach to green sheet INITIATIIVG PROBLEM, ISSUE, OPPORI'UNI1'Y (Who, What, When, Where, Why): ADVANTAGES IF APPROVED: DLSADVANTAGES IF APPROVED. €��Cs'�..�� .:),?_�'.� �EP 04 1998 �_'_=��:s_�s:� . 5g$9°5&�� J�'�EE.•� y 3 % �.� V �1 f:rJU DISADVANTAGESIFNOTAPPROVED: `��" � `� � b., v �9�u��_ .- . TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORMATION: (EXPLAIN) �i�i�:'idi� F�,�S2?zECd�3 ��P1?Ei . � 0 4 ± ��: , ° - :;� _ � {� _-�- ,_ _ . . ,_ - . _ . . _ '. .-' ��. :�. , - " ' . - , - _ . _ - � . . -��= ' _- " ��- . . .. ' -__ " -- ' .' . . . . "_ , _- , "' _ � . . . - . -. . . .- . , , - . . - , _ . - ." . ' . _ . . _ ..: . _ . _- . _ _ . _- _ . �. _ "� 199�_-�i998_,_ _ �� _ _ � = � _ - _ - �.ABOR AGREElV�ENT = - � � - ��- befi�veen � � , _ � '�`HE CIT� OF 5A�NT PAUL � , and I�T�I��It�'FIDNAL U��QN 4F flPER�T�NG ENG�NEERS I;:O��L 70 _� _ �_ - � _ _. _ , �_ , � ., �_. _ . < - Y' n U INDEX ARTICLE TITLE PAGE Preamble................................................. ii 1 Recognition ................................................i 2 Defmitions .................................................1 3 Dues-FairShaze ............................................2 4 Union Rights .........................................••-...2 5 Seniority ...................................................3 6 Management Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Hours,Premium Pay .........................................4 8 Leavesof Absence .......................................... .6 9 Military Leave of Absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Jury Duty ..................................................7 11 Severance Pay ..............................................8 12 Mileage ..................................................I1 13 Residency ................................................. 14 Working Out of Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 • 15 Discipline ................................................. 16 Insurance .................................................13 . 17 Holidays ..................................................17 18 Vacation ..................................................1 19 Grievance Procedure ........................................18 20 Wage Schedule .............................................20 21 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 22 Non-Discrimination .........................................21 23 Safety Shoes ...............................................2 24 Termsof Agreement ........................................22 Appendix A - Wages ....................................... A1 Appendix B - Como Park Conservatory/Zoo Layoffs . . . . . . . . . . . . . . B 1 • 1 PREAMBLE C� This Agreement has been entered into between the City of Saint Paul, hereafter refeaed to as the Employer, and Local Union No. 70, Intemational Union of Operating Engineers, AFL-CIO, hereafter referred to as the Union. This Agreement has as its purpose the promotion of hatmonious relations between the Employer and the Union, the establishment of an equitable and peaceful procedure for the resolution of differences, and the establishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above objectives in full compliance • with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1984, as amended. • ii ARTICLE 1- RECOGNITION 1.1 The Employer recognizes the Union as the sole and exclusive bargaining agent for the purposes of � estabiishing wages, benefits, hours and other conditions of employment for all of its employees as outlined in the certification by the State of Minnesota, Bureau of Mediation Services, under Case No. 73-PR-449-A, as amended, to read as follows: All regular, probationary, and provisional engineering and building maintenance personnel who are employed by the City of St. Paul or who have their "terms and conditions of employment" established by the goveming body of the City of St. Paul, and whose employment service exceeds the lesser of 14 hours per week or 35 percent of the normal work week and more than 67 work days per yeaz in the following classifications: Building Maintenance Engineer, Chief Operating Engineer--Civic Center, G�stodial Worker, Custodian, Custodian Engineer I, Custodian Engineer I--Library, Custodian Engineer I--Pubiic Safety, Custodian- -Engineer II, Custodian Engineer II--Library, Custodian Engineer III, Custodian Engineer III--Library, *Fiiter Plant Operator I, Custodian (Light Duty), House Custodian II, Instrument Repairer (Filter Plant), Maintenance Worker, Operating Engineer I, Operating Engineer II, Operating Engineer--Civic Center, Park Ranger, *Pumping Engineer I, Pumping Bngineer II, Pumping Engineer TII, Security Officer, Sewer Pumping Station Operator, Stadium Supervisor, Supervising Stationary Engineer, Watchman--Water Departrnent, Water Plant Operator I, Water Plant Aide, Water Treatment Plant Operator II, Trainee (Custodian Engineer); excluding supervisory, managerial, clerical confidential, temporary and emergency employees, those exciusively represented by other labor or employee organizations, and all other empioyees. • 1.2 The parties agree that any new classifications which are an expansion of the above bazgaining unit or which derive from the classifications set farth in this Agreement shall be recognized as a part of this bazgaining unit, and the parties shall take all steps required under the Public Empioyment Relations Act to accomplish said objective. ARTICLE 2 - DEFINITIONS 2.1 Collective Bargaining - The Employer will bazgain collectively with the Union and with respect to rates of pay, hours and ather conditions pertaining to employment for all of the employees in the unit hereinbefore set forth. 2.2 Maintenance of Standards - The Employer agrees that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and general working conditions shall be maintained at not less than the highest minimum standazd as set forth in the Civil Service Rules of the City of Saint Paul, (Resolution No. 3250 and the Saint Paul Salary Plan and Rates of Compensation) at the time of the signing of this Agreement, and the conditions of employment shall be nnproved wherever specific provisions for improvement aze made elsewhere in this Agreement. • ARTICLE 2 - DEFINITIONS (Continued) 2.3 Discrimination - The Employer will not inter€ere with, restrain or coerce the employees covered by tfiis Agreement because of inembership in or activiry on behalf of the Union. The Employer wiil not discriminate in respect to hire, tenure of employment or any term or condition of employment against any employee covered by this Agreement because of inembership in or activity on behalf of the Union, � nor will it discourage or attempt to discourage membership in the Union, or attempt to encourage membership in anoiher Union. 2.4 The term "Employer" shall mean the City of St Paul or the St. Paul Water Utility. ARTICLE 3- DUES - FAIR SHARE 3.1 Dues - The Employer agrees to deduct the Union members}up initiation fee assessments aud once each month dues from the pay to those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified xo the Employer by a representative of the Union and the aggregate deduc6ons of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 3.2 Fair share - Any present or future employee who is not a Union member shall be required to contribute a fair shaze fee for services rendered by the Union. Upon notification by the Union, the Employer shall check off said fee from the earnings of the employee and transmit the same to the Union. In no instance shall the required contribution exceed a pro rata shaze of the specific expenses incurred for services rendered by the representative in reIationship to negotiation and administration of grievance procedwes.• This provision shali remain operative only so long as specificatIy provided by Minnesota Iaw, and as otherwise Iegai. 33 The Union will indemnify, defend and hold the Employer harmless against any claims made and against any suits instituted against the City, its officers or employees, by reason of negligence of the Union in requesting or receiving deductions under this Article. The City will indemnify, defend and hold the IITtION hannless against any claims made and against any suits instituted against the Union, its officers or employees by reason of negligence on the part of the Employer in making or forwarding deductions under this Article. ARTICLE 4 - UNION RIGHTS 4.1 The Union may designate employees within the bargaining uniY to serve as Union Stewazds and shall be required to adminisYer this Agreemenl. 4.2 The Union shall fiunish the Employer and appropriate Department Heads and Labor Relations Director with a list of Stewazds and altemates, and shall, as soon as possible, notify said appropriate City officials in writing of any changes thereto. Only those who are Officers and Stewazds shall be reco� i�ed by the Employer for the purpose of ineetings. • 2 ARTICLE 4 - UNION RIGHTS (Continued) 43 There shall be no deduction from the pay of a Steward when directly involved in meetings with • management relating to the administration of this Agreement during working hours. 4.4 Designated Union Representatives shall be permitted to visit employees on job sites and at department buildings during working hours for the purpose of the administration of this contract. 4.5 Shop Steward - One shop stewazd from each department will be allowed to accompany an empioyee's authorized representative during regular working hours for the purpose of wage, salary, or fringe benefit discussions or other problems of their particular concem involving employees of the City of St. Paul under the foliowing conditions: 1) That only one employee from any one department be allowed to leave his/her work. 2) That the steward be expected to attend these meetings on his/her own time when they aze held outside of hislher regulaz working hours. 3) That adequate notice is given to the department heads so that permission may be obtained. 4) That the steward has officially been designated as such by the Union that he/she represents. 5) Union Conventions - Duly elected Union delegates shall be granted time off without pay for one week to attend such convention. Vacation oz compensatory time may be used for this purpose. � The Union shall give at least ten working days advance notice of the empioyees who will be participating in such conventions. ARTICLE 5 - SENIORITY 5.1 Seniority, for the purpose of this Agreement, shali be defined as foilows: The length of continuous, regulaz and probationary service with the Employer from the date an employee was first appointed to a class title covered by this Agreement, it being fiu�ther understood that seniority is confined to the current class assignment heid by an employee. In cases where two or more employees are appointed to the same class title on the same date, the seniority shail be determined by the employee's rank on the eligible list from which certification was made. 5.2 Seniority shall terminate when an empioyee retires, resigns, or is dischazged. 5.3 In the event it is determined by the Employer that it is necessary to reduce the work force, employees will be laid off by class title within each department based on inverse length of seniority as defined above. 5.4 In cases where there are gromotional series, such as Custodian Engineer I, II, III, etc., when the number af employees in the higher tides is to be reduced, employees who have held lower tities in the bargaining . unit will be offered reductions to the highest tit2e to which class seniority would keep them from being laid off, before layoffs are made by any class title in any department. 3 ARTICLE 5 - SENIORITY (Continued) 5.5 Recall from layoff shall be in inverse order of Iayoff, except that recail rights shaIl expire after two yeazs of layoff. 5.6 It is understood that such employees will pick up their former seniority date in any class of positions tha� they previously held. ARTICLE 6 - MANAGEMENT RIGHTS 6.1 The Union recognizes the right of the Employer to operate and manage its aff'airs in atl respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the Employer has not officially abrid$ed, delegated, or modified by this Agreement aze retained by the Employer. 6.2 A public Employer is not required to meet and negotiate on matters of inherent managerial policy, which inctude, bui aze not timited to, such azeas of discretion of policy as the functions and programs of the Employer, its overail budget, utilization of technology, and organiza�ional structure and selection and direction and number of personnel. ARTICLE �- IiOURS, PREMIUM PAY 7.1 Hours o# Employment - The normal work day and the normal work week shall be 8 consecutive hours in any 24-hour period and 40 hours in any 7-day period. (For employees on a shift basis, this shall be construed to mean an average of forty hours a week.) The normal work week sfiall cansist of 5 consecutive normal work days. Within the Division of Libraries, the normal work week shall consist o� 5 consecutive normal work days followed by two (2} consecutive days off. 7.2 Call-in-Pay - When an employee is called to work he/she shall receive two hours pay if not put to work. If an employee is called to work and commences work, he/she shall be guazanteed four straight time hours pay, or one and one-Half (1.5} times the employee's normal hourly rate for the actual number of hours worked, wtcichever is greater. These provisions, however, shatl not be effective when work is unable to proceed because of adverse weather conditions; nor shall these provisions apply to temporary or emergency employees nor to employees employed under any of the titles listed in Section 3.M of the Civil Service Rules under the heading "Special Employments' ; nor to any person whose regulaz scheduled workday is less than four hours. 73 Overtime - Time on the payroll in excess of the nomtal hours set forth above shall be"overtime work" and shali be done only by the order of the head of the deparkment An Employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined by the employee provided there is money in the budget. In the Division of Libraries, overtime wluch is scheduled overtime shatl be paid at the discretion of the Employer; overtime which is unscheduled shatl be at the cfioice of the employee provided tttere is money in the budget. The overtime rate of one and one-half shall be computed on the basis of 1/80th of the bi-weekly rate. . 4 ARTICLE 7- HOURS, PREMIUM PAY (Continued) 7.4 Premium Pay - To any empioyee who works on a regulazly assigned shift beginning eazlier than 6 a.m. • or ending later than 6 p.m., provided that at least five hours of the sluft aze worked beriveen the hours of 6 p.m. and 6 a.m., there shall be paid a night differential for the enGre shift. To any employee who works on a regularly assigned shift, beginning eazlier than 6 a.m. or ending later than 6 p.m., but less than five hours of the shift are worked between the hours of 6 p.m. and 6 a.m., there shall be paid a night differential for the hours wozked between the hours of 6 p.m. and 6 a.m. Notwithstanding Section III B of the Saint Paul Salary Plan and Rates of Compensation, employees working at the Water Utility's Filtra6on Plant and who are regularly assigned to a shift which begins at 230 p.m. shall be eligible for the night differential as stated in Section III B for the entire shift. 7.5 The night differential shall be 5% of the base rate, and shall be paid only for those night shifts actually worked; provided, however, that the provisions of this subsection shall not apply to emergency or temporary empioyees in the Auditorium, or to employees holding titles listed in Section II of the Saint Paul Salary P1an and Rates of Compensation under the heading "Special Employments" in this bargaining unit. 7.6 A premium pay of twenty-five (25) cents per hour shai] be paid for all swing stage work, such as any work performed from a boatswain's chair or a swing scaffold, fifry (50) feet or more above the ground. All standazd safety laws shail be complied with. • 7.7 Notwithstanding Article 7.1, employees may, through mutual agreement with the Employer, work schedules other than schedules lianited by the normal work day and work week as set forth in Article 7.1. Overtime compensation for employees working under such agreements shall be subject to the provisions, for same, as set forth by the Fair Labor Standazds Act. 7.8 For employees who wish to share a position, the Empioyer will attempt to provide options for implementing a shazing arrangement. Such an arrangement must be mutually agreed upon by the Employer and the empioyees involved. Vacation, holiday, and sick leave benefits for employees who shaze a position shall be pro-rated based upon the percent of hours worked. Health insurance benefits shall be administered in accordance with the provisions of Article 16 (Insurance) of this Agreemeni. In the event that one of the employees participating in the shazed position is terminated or terminates employment, the Employer shall post the job sharing vacancy for a period of ten (10) days. If, at the end of ten (] 0) days, such vacancy cannot be fiiled, the Employer shali have the oprion of increasing the remaining employee's work hours. 7.9 Articles 7.7, and 7.8 shall not be subject to the provisions of Article 19 (Grievance Procedure) of this Agreement. • ARTICLE 8- LEAVES OF ABSENCE 8.1 Leave of Absence - After three month's employment, an employee may make application for a leave of absence not to exceed one yeaz. A leave of absence shall be granted on the basis estahlished in the Civil Service Rules (Resolution No. 3250). � 8.2 Sick Leave - Sick leave shall accumulate at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accumulation is unlimited. To be eligible for sick leave employees must report to their supervisor no later than one-half hour past their regulaz scheduled starting time. The granting of sick Ieave sfiatl be subject to the terms and provisions of Resoiution No. 325Q of the City of Saint Paul. 83 Any employee who has accumulated sick leave credits as provided above shall be granted leave with pay, for such period of time as the head of the department deems necessary, on account of sickness or injury oftfie employee, quarantine established by a public heatth enforcement agency, death of the employee's mother, father, sponse, child, brother, sister, mottier-in-law, father-in-law, grandparent, grandchild or other person who is a member of the household; and may be granted leave with pay for such time as is actually necessary for office visits to a doctor, denrist, optometrist, etc. 8.4 In the case of a serious iltness or disability of an employee's cluld, parent, or household member, the head of the department shall grant ]eave with pay in order for the employee to care for or make arrangements for the caze of such sick or disabled persons. Such paid leave shall be drawn from the empioyees accumulated sick leave credits. Use of such sick leave shall be 1'united to 40 hours per incident. 8.5 Matemity and Parental Leave - Pregnant empioyees of the City of Saint Paul shall be eligible for the use of paid sick leave and unpaid leave of absence in the same manner as any other disabled or ill City employee. Such paid sick leave eligibility shall begin upon certification by the employee's attending physician that the employee is disabled in terms of her ability to perform the duties of her position. A twelve (12) month Pazental leave of absence without pay shall be granted to a natural pazent or an adoptive parent, who requests such leave in conjunction with the birth or adoption of a child. Such leave may be extended an additional twelve (12) months by mutual agreement between the employee and the Employer. Refusal on the part of the Employer to grant an eartension of such 2eave shall not be subject to ihe provisions of Article 6 of this Agreement Employees who retum following such leaves of absence sliall be placed in a position of equivalent salary and tenure as the one held just prior to the beginning of their leave. 8.6 School Conference Leave - An employee shall be granted up to a total of sixteen (16) hours during a school yeaz to attend schooi conferences or classroom activities related to the employee's child, provided the conferences or classroom activities cannot be rescheduled during non-work hours. If the need far the leave is foreseeable, the employee must provide reasonabte prior notice of the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operation of the Employer. An employee shall be allowed to use vacation or compensatory time for this leave; otherwise this leave shall be without pay. • 6 ARTICLE 9- MILITARY LEAVE OF ABSENCE 9.1 Pay Allowance - Any employee who shall be a member of the I�Iational Guard, the Naval Militia or any other component of ihe militia of the state, now or hereafter organized or constituted under state or • federal law, or who shall be a member of the Officer's Reserve Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval force of the Ilnited States, now or hereafter organized or constituted under Federal law, shall be entitled to leave of absence from employment without loss of pay, seniority status, efficiency rating, vacation, sick leave or other benefits for all the time when such employee is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or fedezal purposes, provided that such leave shall not exceed a totat of fifteen (15) days in any calendar year and, further provided that such leave shall be allowed only in case the required military or naval service is satisfactorily petformed, which shall be presumed unless the contrary is established. Such leave shall not be allowed unless the employee: (i} retums to his/her position immediately upon being relieved from such military or naval service and not later than the expiration of time herein limited for such leave, or (2) is prevented from so returning by physical or mental disability or other cause not due to such employee's own fault, or (3) is required by proper authority to continue in such aulitary or naval service beyond the tune herein limited for such leave. 4.2 Leave VVithout Pay - Any employee who engages in active service in time of waz or other emergency declared by proper authority of any of the military or naval forces of the state or of ihe United States for which leave is not otherwise allowed by law shall be entitled to leave of absence from employment without pay during such service with right of reinstatement and subject to such conditions as are • imposed by law. 93 Such leave of absence as are granted under Article 9 shall conform to Minnesota Statutes, Section 192, as amended from time to time and shall confer no additional benefits other than those granted by said statute. ARTICLE 10 - JURY DUTY 10.1 Employees who are required to appeaz in court as jurors or witnesses shall be paid their regulaz pay while they are so engaged, provided however, that any fees that employees may receive from the court for such service shall be paid to the Employer and be deposited with the Director of Finance and Management Services. Any employee who is scheduled to work a shift, other than the normal daytime shift, shali be rescheduled to work the normal daytime shift during such time as he/she is required to appeaz in court as a juror or witness. n U 7 ARTICLE 11- SEVERANCE PAY 11.1 The Employer shall provide a severance pay program as set forth in this Article. 11.2 To be eligible for the severance pay program, an employee must meet the following requirements: � (1) The employee must be 58 years of age or older or must be eligible for pension under the "rule of 85" or the "rule of 90" provisions of the Public Employees Retirement Associarion (PERA). The "rule of 85" or the "rule of 90" criteria shall also appiy to employees covered by a public pension ptan other than PERA. {2) The employee must be voluntarily separated from City empioyment or have been subject to separation by lay-off or compulsory retirement Those employees who are discharged for causa, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligible for the City severance pay program. (3) The employee must have at least ten (10) yeazs of consecurive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this Article, service requirements for severance eligibility will not include yeazs of service with School District #625 for employees hired by the CiTy, or transferred to the City after December 3 t, 1998. (4) The employee must file a waiver of re-employmeat with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or re-employment (of any type), with the City. (5) The employee must have accumulated a minimum of sixty (60) days of sick leave eredits at the • time of his/her sepazation from service. 11.3 If an employee requests severance pay and if the employee meets the eligibifity requirements set forth above, he or she witl be granted severance pay in an amount equal to one-haif of the daily rate of pay for the position held by the employee on the date of sepazation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 1 I.4 The maximum amount of money that any employee may obtain through this severance pay pmgram is $6,500. 11.5 For the purpose of this severance program, a death of an employee shall be considered as sepazation of employment, and if at the time of 1us or her death, the employee would have met all of the requirements set forth above, payment of the severance pay may be made to the employee's estate or spouse. 11.6 For the purpose of this severance program, a transfer from the City of Saint Paul empioyment to Independent School Aistrict No. 625 employment is considered a separation of employment, and such transferee shall be eligible for the City severance program. • ARTICLE 11- SEVERANCE PAY (Continued) 11.7 The manner of payment of such severance pay sha11 be made in accordance with the provisions of City Ordinance No. 11490. • 11.8 This severance pay program shall be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this articie conflict with said ordinance and in such cases, the provisions of this article shall control. 11.9 The provisions of this articIe shall be effective as of December 24, 1983. 11.10 Any employee hired prior to December 31,1983 may, in any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this article or the ordinance shall constitute a baz to receiving sevezance pay &om ihe other. Any employee hired after December 31, 1983 shall on]y be entitled to the benefits of this article upon meeting the qualifications herein. 1 i.l I Articles 11.12 through 11.18 shall apply only to employees appointed aRer June 26, 1990. 11.12 The Employer shall provide a severance pay program as set forth in Articles 11.13 through 11.20. 1 I.13 To be eligible for the severance pay program, an employee must meet the foliowing requirements. (1) The employee must be voluntarily separated from the City employment or have been subject to • separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligible for the city severance pay program. (2) The employee must file a waiver of re-emgloyment with the Human Resources D'uector, which will cleaz2y indicate that by requesting severance pay, the employee waives all claims to reinstatement or re-empioyment (of any type), with the City. (3) The employee must have an accumulated balance of at least elghty (80) days of sick leave credits at the time of his separation from the service. • 9 ARTICLE 11- SEVERANCE PAY (Continued) I 1.14 If an emptoyee requests severance pay and if the empioyee meets the eligibiiity requirements set forth above, he or she will be granted severance pay in an amount equat to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to • a maacimum as shown betow based on the number of years of service in the City. Years of Service with the Citv At Least 20 21 22 23 24 25 Maximum Severance Pav $ 5,000 $ 6,000 $ 7,000 $ 8,000 $ 9,000 $10,000 I 1.15 For the purpose of this severance program, a death of an employee shall be considered as sepazation of empioyment and if the employee would have met a12 of the requirements set fortk above, at the time of his/her death, payment of the severance pay shall be made to the employee's estate or spouse. 11.16 For the purpose of this severance program, a transfer from the City of Saint Paul employmeni to Independent School District No. 625 employment is considered a separation of employment, and such uansferee shall be eligible for the City severanee program. 11.17 The manner of payment of such severance pay shall be made in accordance with the provision of the • City's Severance Pay Ordinance. 11.18 This severance pay program shall be subject to and govemed by the provisions of the City's Severance Pay Ordinance except in those cases wfiere the specific pmvisions of this Article conflict with said Ordinance and in such cases, the provisions of this Article shall control. 1 I.19 Notwithstanding ArticIe 11.1 I, employees appointed prior to June 26, 1990 to a title covered by this Agreement who meet the qualifications as defined by the qualifications as defined in Articles 11.13 and 11.14 may elect to draw severance pay under the provisions of 1 I.14. However, an election by an employee to draw severance pay under Article 11.14 shall constitute a bar to drawing severance pay under any other provisions set forth in this Article 11. 11.20 Employees appointed after June 26,1990, to a title covered by this Agreement shall noi be eligible for any severance pay plan other than the provisions set forth in Articles 11.11 through 11.19. • 10 ARTICLE 12 - CITY MILEAGE 12.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paui Administrative • Code, as amended, pertaining to reimbursement of City o�cers and employees for the use of their own automobiles in the performance of their duties, the foilowing provisions are adopted. 12.2 Method of Computation: To be eligibie for such reimbursement, all officers and empioyees must receive written authorization from the Department Head. Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day the empioyee's vehicle is actually used in performing the duties of the employee's position. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shali not be eligible for any per diem. Type 2. If an employee is required to use his/her own automobile REGULARLY during employment, the employee shali be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. • If such employee is required to drive an automobile during empioyment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. 12.3 The City will provide pazking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement plans who aze required to have their personal caz available for City business. Such parking wiil be provided only for the days the employee is required to have his or her own personal car availabie. 12.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shali file daily reports indicating miles driven and shail file monthly �davits stating the number of days worked and the numbex of miles driven, and fiuther require that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These ntles and regulations, together with the amendment thereto, shall be maintained on file with the city clerk. • 11 ARTICLE 13 - RESIDENCY 13.1 The Residency Resolution effective August 4, 1979, in Council File No. 273378 shall apply to all employees covered by this Agreement. ARTICLE 14 - WORKING OUT OF CLASSIFTCATION • 14.1 Employer shall avoid, whenever possible, working an employee on an out-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fiReen (15} working days shait receive the rate ofpay for the out-of-class assignment in a higher classification not later than the sixteenth (16th) day of such assignment. For the purpose of this Article, an out-of-class assignment is defined as an assignment of an employee to perform, on a full time basis, a11 of the significant duties and responsibilities of a position different from the employee's regular position, and which is in a classification higher than the classificarion held by such employee. The rate of pay for an approved out-of-class assignment shall be the same rate the employee would receive if such employee received a regulaz appointment to the higher classification. ARTICLE 15 - DISCIPLINE 15.1 The Employer will discipline employees for just cause only. Discipline will be in the form of: (1) Oral reprimand; (2) Written reprimand; (3) Suspension; (4) Reduction; (5) Discharge 15.2 A notice in writing of Suspensions, Reductions and Disehazges shall be sent to the employee and the union seventy-two (72) hours after such action is taken. 15.3 Employees and the Union will receive copies of written reprimands and notices of suspension and discharge. • 15.4 Employees may examine all information in the Empioyer personnel file that concerns work evaluations, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the Employer. 15.5 Discharges will be preceded by a five (5} day preliminary suspension without pay. During said period, tfie employee and/or Union may request, and shall be entided to a meeting with the Employer representative who initiated the suspension with intent to discharge. During said five (5) day period, the Employer may affirm the suspension and dischazge in accordance with Civil Service Rules or may moclify, or withdraw same. 15.6 An employee to be questioned concerning an investigation or disciplinary action shall have the right to request that a Union representative be present. • 12 ARTICLE 15 - DISCIPLINE (Continued) 15.7 Grievances relating to this Article shall be processed in accordance with existing Civil Service procedures, except that oral and written reprimands shall be taken up in the grievance procedure under • Article 19 (Crrievance Procedure). ARTICLE 16 - INSURANCE Active Empioyee Insurance 161 The insurance plans, premiums for coverages and benefits contained in the insurance plans offered by the Employer shail be solely controlled by the contracts negotiated by the Employer and the benefit providers. The Bmployer will attempt to prevent any changes in the benefits offered by the benefit providers. However, the employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. 16.2 For the purpose of this Article, full-time employment is defined as appeazing on the payroll an average of at least 32 hours per week for the twelve (12) month period preceding the annual open enrollment or special enrollments, or for the six (6) month period preceding initial enroliment. Three-quarter time employment is defined as appearing on the payrofl an average of at least 26 hours per week, but less than 32 hours per week, for the tweive (12) month period preceding the annual open enroliment or special enroliments, or for the six (6) month period preceding initiai enrollment. Aaif-time employment is defined as appearing on the payroll at least 20 hours per week, but less than 26 hours per week, for the twelve (12) month period preceding the annuai open enroliment or special • enrollments, or for the six (6) month period preceding the initial enrollment. 16.3 For each eligible employee covered by this Agreement who is employed half-time and who selects employee heaith insurance coverage, the Employer agrees to contribute fifty percent (50%) of the amount contribuied for fuli-time employees selecting empioyee coverage in the same insurance plan. For each half-time employee who selects family health insurance coverage, the Employer agrees to contribute fifty percent (50%) of the amount contributed for full-time employees selecting family health insurance coverage in the same insurance plan. For each eligible empioyee covered by this Agreement who is employed three-quarter time and who selects employee health insurance coverage, the EMPLOYER agrees to contribute seventy-five (75%) of the amount contributed for full-time employees selecting employee coverage. For each three-quarter time employee who selects family health insurance coverage, the Employer agrees to contribute seventy- five percent (75%) of the amount contributed for full-time employees selecting family health insurance coverage. 16.4 Effective January 1, 1997, for each eligible employee covered by this Agreement who is empioyed full-time and who selects employee health insurance coverage, the Employer agrees to contribute the cost of the least expensive employee insurance offered by the Employer. For each eligible full-time employee who selects family heaith insurance coverage, the Employer will contribute the cost of such • family coverage or $349.85 per month, whichever is less. 13 ARTICLE 16 - INSURANCE (Continued) 16.5 Effective January 1, 1998, for each eligible employee covered by this Agreement who is employed full- time and who selects employee heaith insurance coverage, the Employer agrees to contribute the cost of Yhe least expensive premium for employee health insurance offered by the Employer. For each eligible • full-time employee who selects family health insurance coverage, the Employer's contribution towazd family insurance coverage shown above in Article 16.4 shatl be adjusted to reflect an increase in an amount equal To fiRy percent (50%) of the largest 1998 premium inerease foz fanvly health insurance coverage provided by the Employer. The 1998 contribution is $349.85. 16.6 Notwithstanding Article 163, eligible employees covered by Yhis Agreement and employed half-time prior to January 1, 1986, sha11 receive the same insurance contributions as a fuli-time employee. This Article, 16.6, applies only to eligible employees who were employed half-time during the month of December, 1985, and shall continue Yo apply only as long as such employee remains continuously employed half-time. Reriree Insurance 16.7 Employees who retire must meet the following conditions at the time of retirement in order to be eligible for the Employer contributions, listed in Sections 16.8 through 16.11 below, towazd a health insurance plan offered by the Employer: (1) Be receiving benefits from a public employee retirement act at the time of rerirement, and (2) Have severed his/her relarionship with the City of Saint Paul for reasons other than misconduct, and (3) Have completed at least 20 years with the City of St. Paul. (4) Service requirements for retiree health insurance eligibility wili not inclnde years of service wit School District #625 for employees hired by the City, or transfetted to the City, after December 31, 1998. Early Retirees 16.8 This Section shall apply to full time employees who: (1) Retire on or after 7anuary 1, 1996, and (2) Were appointed on or before December 31, 1995, and (3) Have not attained age 65 at retirement, and (4) Meet the terms set forth in Section 15.7 above, and (5) Select a health insurance plan offered by the Employer Until such employees reach sixty-five (65) years of age, the Employer agrees that for retirees selecting single coverage, the Employer wili provide the same contribution as is provided for active employees selecting single coverage under this Agreement. Ttus amount, however, shal2 not exceed $350.00 per month. For employees selecting family healtti insurance coverage, the Employer will coatdbute $350 per month towazd the premium for family health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree. When such eaziy retiree attains age 65, the provisions of Section 16.10 shall apply. • 14 ARTICLE 16 - INSURANCE (Continued) � 16.9 This Section shall apply to full time employees who: (1) Retire on or after January 1,1996, and (2) Were appointed on or after January 1, 1996, and (3) Have not attained age 65 at retirement, and (4) Meet the conditions set forth in Section 16.7 above, and (5) Select a health insurance pian offered by the Employer. 9'�`- ��,� Until such retirees reach sixty-five (65) yeazs of age, the Employer agrees to contribute a maximum of $300.00 per month towazd the cost of single or family health insurance coverage. Any unused portion shall not be paid to the retiree. When such eazly retiree attains age 65, the provisions of Section 16.11 shail apply. Regular Retirees (Age 65 and over) 16.10 This Section shall apply to full time employees who: (1) Retire on or after January 1, 1996, and (2) Were appointed on or before December 31, 1995, and (3) Have attained age 65 at retirement, and (4) Meet the terms set forth in Section 16.7 above, and (5) Select a health insurance plan offered by the Employer The Employer agrees to contribute a maximum of $350.00 per month towazd the premium for single or � family health insurance coverage offered by the Employer to regular retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This 5ection shall also apply to eazly retirees who retired under the provisions of Section 16.8 when such eazly retirees attain age 65. 16.11 This Section shall apply to fuli time employees who: (1) Retire on or after January i, 1996, and (2) Were appointed on or after January 1, 1996, and (3) Have attained age 65 at retirement, and (4) Meet the terms set forth in Sections 16.7 above, and (5) Select a heaith insurance plan offered by the Employer The Employer agrees to contribute a maacimum of $300.00 per month toward the cost of single or family health insurance coverage ofFered to regular retirees and their dependents. Any unused portion shall not be paid to the retiree. This Section shall also apply to eazly retirees who retired under the provisions of Section 16.9 when such eazly retirees attain age 65. �� L 15 ARTICLE 16 - INSURANCE (Continued) 16.12 If an employee does not meet the condition of Section 16.7(3), but has completed at least ten (10) year of service with the City, he/she may purchase single or family healYh insurance coverage througk the Employer's insurance program. The total cost of such insurance coverage shall be paid by the retiree. � 16.13 A retiree may not carry his/her spouse as a dependent if such spouse is also a City retiree or City employee and eligible for and is enrolled in the City's health insurance program. 16.14 For each eligible employee the Employer agrees to contribute the cost $20,000 of life insurance coverage. 16.15 Any cost of any premium for any City-offered employee or family insurance coverage in excess of the dollaz amounts stated in this Article 16 shall be paid by the employee. 16.16 The Employer will provide a system whereby the employee's contribution toward the premiums for the employee's selected health insurance coverages can be paid on a pre-tas basis. Employees covered by the Agreement will be e2igible to participate in the Flexible Spending Account as offered by the Employer. The service fee charged to participating employees shall be paid by the empioyee. 16.17 Employees covered by this Agreement shall be eligibte to participate in the Dependent Care Reimbursement Account offered by the Employer. The service fee chazged to participating employees shail be paid by the Employer. 16.18 The contributions indicated in this Article 16 shall be paid to the Employer's Third Party Administrator. Survivor Insuraace 16.19 The surviving spouse of an employee carrying family coverage at the time of his/her death due to a job connected injury or illness which was detemuned to have arisen out of and in ttie course of his/her employment under worker's compensation law shall continue to be eligible for city contribution in the same proportions as is provided for retired employees In the event of the death of an eazly retiree or a regulaz retiree, the dependents of the retiree shall have the option, within thirty (30) days, to continue the cturent hospitalization and medical benefits which said dependents previously had, at the premium and Employer contribution accorded to the eligible deceased retiree. It is further understood that coverage shalt cease in the event of: (1) Subsequent remarriage of the surviving spouse of the deceased employee or retiree. (2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Employer. In this event, however, the surviving spouse or dependeat shall have the right to mainiain City health in�,��nce for the first ninety (90) days of said employment. • 16 ARTICLE 17 - HOLIDAYS � �- � 53 17.1 Holiday recognized and observed. Ttie following days shall be recognized and observed as paid holidays: � New Yeazs Day - January 1 Martin Luther King Day - 3rd Monday of January Presidents' Day - 3rd Monday of Februazy Memorial Day - The last Monday of May Independence Day - 7uly 4 Labor Day - I st Monday of September Veterans' Day - November 11 Thanksgiving Day - 4th Thursday of November The Day After Tbanksgiving Christmas Day - December 25 Two Floating Holidays Eligibie employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above sha11 fall on Sunday, the succeeding Monday shall be observed as the holiday. For those employees assigned to a work week other than Monday through Friday, the holiday shall be observed on the calendaz date of the holiday. 17.2 The floating holidays set forth in Section 11.1 above may be taken at any time during the contract yeaz, subject to the approval of the Department Head of any employee. • 173 Eligibility Requirements In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an employee's name must appeaz on the payroii the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. 17.4 If an employee entitled to a holiday is required to work on Maztin Luther King Day, Presidents' Day, Veterans' Day or the Day after Thanksgiving he/she shall be granted another day off with pay in lieu ihereof as soon thereaRer as the convenience of the department permits, or he/she shall be paid on a straight time basis for such hours worked, in addition to his/her regulaz holiday pay. Employees assigned to a twelve (12) hout shift shall have holiday overtime using a twelve (12) hour value. If an employee entitled to a holiday is required to work on New Year's Day Memorial Day, Independence IJay, Labor Day, Thanksgiving Day or Christmas Day, he/she shall be recompensed for work done on this day by being granted compensatory time on a time and one half basis or by being pvd on a time and one-half basis for such hours worked, in addition to his/her regulaz holiday pay. Emp3oyees assigned to a twelve (12) hour shift shall have holiday overtime using a twelve (12) hour value. . 17 _ __,,,� ARTICLE 18 - VACATION I8.I Vacation credits shall accumulate at the rates shown beIow for each full hour on the payroIl, excIuding overtime. Years of Service .0385 (10 days) .06] 6 (16 days) .0731 (14 days) .0885 (23 days) .1000 (26 days) Hours of Vacation 1 st year thru 4th yeaz Sth year thru 9th yeaz l Oth yeaz thru 15th yeaz 16th year thru 23rd year 24th yeaz and thereafter 18.2 The head of the department may penmit an employee to cazry over into the "vacarion year" up to one-hundred twenty (120) hours of vacation. For the purpose of this article the "vacarion year" shall be the fiscal yeaz (IRS payroll reporting year). 18.� The above provisions of vacation shall be subject to the Saint Paul Satary Plan and Rates of Compensation, Section I, Sub. H. � 18.4 If an employee has an accumulation of sick leave eredits in excess of one hundred and eighty days, helshe may convert any part of such excess of vacation at the rate of one-half day's vacation for each day of sick leave credit. The maximum number of days' vacation allowed by the conversion of sick leave credits shall be no more than fxve days in any one "vacation year". • ARTICLE 29 - GRIEVANCE PROCEDURE 19.1 T'he Empioyer shall recognize Stewards selected in accordance with TJnion rules and regulations as the grievance representaiive of the bargaining unit. The Union shall notify the Employer in writing of the names of the Stewazds and of their successors when so named. 14.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is lunited by the job duties and responsibilities of the empIoyees and shall therefore be accomptished during working hours only when consistent with such employee duties aud responsibilities. The Steward involved and a gieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Steward and the empIoyee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to ihe work programs of the Employer. 18 • ARTICLE 19 - GRIEVANCE PROCEDURE (Continued) � g' D�3 19.3 The procedure estabiished by this Article shall be the sole and exclusive procedure, excepi for the appeal • of disciplinary action as provided by Article I5, for the processing of grievances, which aze defined as an alleged violation of the terms and conditions of this Agreement. Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and refeaed to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within fourteen (14) calendaz days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendaz days after receiving the written grievance a designated Employer supervisor shali meet with the Union 5tewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendaz days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7} calendaz days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. • Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated Employer supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the Employer shall reply in writing to the Union stating the Employer's answer conceming the grievance. If as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred to in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendaz days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an azbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an azbitrator within the said seven (7) day period, either parry may request the Public Employment Relation Boazd to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panei. 1'he Union shali strike the first (1 st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the azbitrator. • 19 ARTICLE 19 - GRIEVANCE PROCEDURE (Continued) 19.4 The azbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract &om the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue 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. The azbitrator shali be without power to make decisions confrary 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 paz[ies, whichever be later, unless the parties agree to an e�Rension. The decision shall be based solely on the arbitrator's interpretation or applicatiott of the express terms of tlus Agreement and to the facts of the grievance presented. The decision of the arbitrator shaIl be final and binding on the Employer, the Union, and the employees. 19.5 The fees and expenses for the arbitrator`s services and proceedings shaii be bome 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. 19.6 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. 19.7 It is understood by the Union and the Empioyer that a grievance may be determined by either the grievance procedure of this contract or by the provisions of the Civil Service Rules of the City of Saint Paul. If an issue is determined by this grievance procedure it shaIl not again be submitted for arbitration under the Civil Service Rules. If an issue is determined by the provisions of the Civil Service Rules it • shall not again be submitted for azbitration under this grievance procedure. ARTICLE 20 - WAGE SCHEDULE 20.1 The wage schedule for purposes of this contract shail be Appendix A attached hereto. T4ie basic hourly wage rates in Appendix A refIect the folIowing increases: 1997 Effective 12/21/96 2.0% Effective 07/19/9? 0.5% Effective 12/20/97 0.2% 1998 Effective 02/28/98 2.0% Effective 09/26/98 0.8% Retroactive pay adjustments shall apply to all empioyees of the bazgaining uait except those who have been terminated for cause. • 20 ARTICLE 21 - STRIKES, LOCKOUTS, WORK INTERFERENCE �� 5 3 21.1 The Union and the Employer agree that there shall be no strikes, work stoppages, slow-downs, sit- • downs, stay-ins, or other concerted interference with the Employer's business or affairs by said Union and/or the members thereof, and there shall be no bannering during the existence of this Agreement without first using all possibie means of peaceful settlement of any controversy which may arise. ARTICLE 22 - NON-DISCRIMINATION 22.1 The terms and conditions of this Agreement will be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, or because of membership or non-membership in the L3nion. 22.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 23 - SAFETY SHOES, UNIFORMS 23.1 The Employer agrees to pay $50.00 per year toward the cost or repair of a pair of safety shoes purchased by an employee who is a member of this unit. The Employer shall contribute towazd the cost of one pair of shoes per contract yeaz and shall not be responsible for any additional cost for any additional shoes thereafter. The contribution shall be accumulafive from yeaz to year, beginning in 1997, to a maximum • benefit of $I50.00 should an employee not utilize the benefit during a calendaz year. This reimbursement shall be made only after investigation and approval by the immediate supervisor of that employee. The Employer contribution shall apply only to those employees who aze required by the Employer to weaz protective shoes or boots. 23.2 The Employer wiil initially provide each employee working in the Water Tzeatment Plant who is required to weaz a specified uniform with five (5) uniforms. The uniform will consist of five pairs of trousers, five long-sleeved shirts, and five short-sleeved shirts. Coveralls can be substituted for a shirt and a trouser. In subsequent yeazs, the Employer agrees to provide a uniform allowance of up to $100 per calendar yeaz towazd the cost of repiacing uniforms. Employees must provide proof of uniform purchase to be reimbursed. Employees aze responsible for caze and upkeep of the uniform. • 21 ARTICLE 24 - TERMS OF AGREEMENT 24.1 Complete Agreement and Waiver of Bargaining - This Agreement shall represent the complete Agreement between the Union and the Employer. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opporhuiity to make requests and proposals with respect to any subject or matter not removed by law from the area of coltective bazgaining, and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opportunity aze set forth in this Agreement. Therefore, the Employer and the Union, for the Iife of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bazgain collectively with respect to any subject or matter referred Yo or covered in this Agreement. 24.2 Savings Ctause - This Agreement is subject to the Iaws of tfie United States, tiia State of Minnesota, and the City of Saint Paul. In the event any provision of this Agreement shall hold to be contrazy to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. 243 Terms of Agreement - Excepi as herein provided, this Agreement shall be effective as of the date it is executed by the parties and shall continue in full force and effect thru the 3I st day of December, 1998, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend, or modify this Agreement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1984. In witness thereof, the parties have caused this Agreement to be executed this r�$' day of August 1998. • • 22 ARTICLE 24 - TERMS OF AGREEMENT �24.4 This constitutes a tentative Agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City, the City Council, and is also subject to rafification by the Union. WITNESSES: CITY OF SAINT PAUL INTERNATIONAL UI�iION OF OPERATING ENGINEERS, LOCAL NO. 70 -��-�-, �-ag-s�' Mary . Kearney Date Labor Relations Director U �'" �-as-qe `� �usiness Mana D� � � S Presi ent Date l.7ino%k► �7 �� .5-tis Recording Secretary Date � '� Negotiat�, g Committee D e ommittee Date � �—� 9� o�nni eeo Date Date �'./ m1-9t� Negbtiating Committee Date �� Business epresenta ' e Date • 23 APPENDIX A - WAGES �/g�$�3 The wage rates and salary ranges for classifications in this unit aze as follows: �J � C� Effective Effective Effecrive Effective Effective 12/21/96 �/19/97 12/20/97 02/28/98 9/26/98 2% .$% .2% 2% .8% Building Maintenance Engineer First 6 months 18.43 18.52 18.56 18.93 19.08 After 6 months 18.43 18.52 18.56 18.93 19.08 Chief Operating Engineer- Civic Center First 6 months 19.94 20.04 2�.08 20.48 20.64 After 6 months 20.75 20.85 20.89 2131 21.48 Custodian-Engineer I First 6 months 16.04 16.12 16.15 16.47 16.60 After 6 months 16.75 16.83 16.86 17.20 1734 Modified Duty Worker Custodian Eng I. First 6 months 16.04 16.12 16.15 16.47 16.60 Afrer 6 months 16.75 16.83 16.86 17.20 1734 Custodian-Engineer I - Library First 6 months 16.04 1612 1615 16.47 16.60 After 6 months 16.75 16.83 16.86 17.20 1734 Custodian-Engineer I - Public Safety First 6 months 16.04 16.12 16.15 16.47 16.60 After 6 months 16.75 16.83 16.86 17.20 17.34 -Al- Appendix A(Continued) Effective Effective Effective Effective Effective ]2/21l96 7/19/97 12/20/97 02/28/98 9/26/98 2% .5% .2% 2% .8% Custodian-Engineer If First 6 months 16.40 16.48 16.51 16.84 I6.97 After 6 months 1732 17.4I I7.44 I7.�9 17.93 Custodian-Engineer II - Library First 6 months 16.40 16.48 16.51 16.84 16.97 After 6 months 1732 17,41 17.44 17.79 17.93 Custodian-Engineer III First 6 months 17.62 1'7.71 17.�5 18.11 18.25 Afrer 6 months 18.57 18.66 18.70 19.07 19.22 Custodian-Engineer III -Library First 6 months 17.62 17.71 17.75 18.11 18.25 After 6 months 18.57 I8.66 18.70 14.07 19.22 *Filter Plant Operator I First 6 months 1734 17.43 17.46 17.81 17.95 After 6 months 18.04 18.13 18.17 18.53 18.68 House Custodian II First 6 months 12.20 12.26 12.28 12.53 12.63 After 6 months 12.20 12.26 12.28 12.53 12.63 Instrument Repairer First 6 months 18.87 18.96 19.00 1938 19.54 After 6 months 19.61 19.71 19.75 20.15 20.31 -A2- � • • Appendix A(Conrinued) Effective Effective Effective Effective Effecrive 12/21196 7119/97 12/20/97 02f28/98 9126/98 2% .5% .2% 2% .8% Maintenance Worker First 6 months 17.70 17.79 17.83 18.19 1834 After 6 months 18.40 18.49 18.53 18.90 19.05 Operating Engineer First 6 months 1836 18.45 18.49 18.86 19.01 After 6 months 19.10 19.20 19.24 19.62 19.78 Operating Engineer - Civic Center First 6 months 1836 18.45 18.49 18.86 19.01 After 6 months 19.10 19.20 19.24 19.62 19.�8 Pumping Engineer II First 6 months 1836 18.45 18.49 18.86 19.01 After 6 months 19.10 19.20 19.24 19.62 19.78 Pumping Engineer III First 6 months 19.94 20.04 20.08 20.48 20.64 After 6 months 20.75 20.85 20.89 21.31 21.48 Sewer Pumping Station Operator First 6 months 19.15 19.25 19.29 19.68 19.84 After 6 months 19.88 19.98 20.02 20.42 20.58 -A3- Appendiac A(Continned) Effective Effective Effective Effective Effeetive I2/21/96 7/19/97 12/ZO/97 02/28/98 9/26198 2% .5% .2% 2% .8% Supervisory Stationary Engineer First 6 months 18.22 18.31 1835 18.72 18.87 After 6 months 18.94 19.03 19.07 19.45 19.61 Trainee (Custodian-Engineer} First 6 months 8.64 8.68 8.70 8.87 8.94 After 6 months 8.93 8.97 8.99 9.17 9.24 Water Plant Aide First 6 months 16.05 16.13 16.16 16.48 16.61 After 6 months 16.78 16.86 16.89 17.23 1737 Water Plant Operator I First 6 months 17.62 17.71 17.75 18.11 18.25 After 6 months 2832 18.41 18.45 18.82 18.9? Water Treatment Plant Operator II First 6 months 1836 18.45 18.44 18.8fi 19.01 Af[er 6 months 19.10 19.20 19.24 19.62 19.78 Custodian Start 14.01 14.08 14.11 1439 14.51 Afrer 6 months 14.42 14.49 I4.52 I4.81 14.93 After 1 yeaz 14.66 14.73 14.76 15.06 15.18 After 2 yeazs 15.12 15.20 15.23 15.53 15.65 . -A4- � • • Appendix A(Continued) Effective Effective Effective Effective Effective 12(21l96 7l14l97 12l20/97 02/28/98 4l26l98 2% .5% .2% 2% .S% Modified Duty Worker - Custodian Start 14.01 14.08 14.11 14.39 14.51 After 6 months 14.42 14.49 14.52 14.81 14.93 After 1 yeaz 14.66 14.73 14.76 15.06 15.18 After 2 yeazs i5.12 15.20 1523 15.53 15.65 Custodiai Worker Start 12.47 12.53 12.56 12.81 12.91 After 6 months 12.84 12.90 12.93 13.19 1330 Afrer I year 13.12 13.19 13.22 13.48 13.59 After 2 yeazs 13.58 13.65 13.68 13.95 14.06 Pazk Ranger 0-500 hours 8.40 8.44 8.46 8.63 8.70 501-1000 hours 8.90 8.94 8.96 9.14 9.21 1001-1500 hours 9.40 9.45 9.47 9.66 9.74 1501+ hours 10.12 10.17 10.19 1�39 10.47 Modified Duty Worker - Park Ranger 0-500 hours 8.40 8.44 8.46 8.63 8.70 501-1000 hours 8.90 8.94 8.96 9.14 9.21 1001-I500 hours 9.40 9.45 4.47 9.66 9.74 1501+ hours 10.12 10.17 10.19 1039 10.47 � Appendix A(Continued) Effecrive Effective Effecrive EffecUve Effective 12/21l96 7/19/97 12/20/97 02/28/98 9/26f98 2% .S% .2% 2% .8% Police Park Ranger Start 8.40 8.44 8.46 8.63 8.70 After 6 months 9.73 9.78 9.80 10.Q0 10.08 After 1 year 10.12 10.17 10.19 10.39 10.47 After 2 yeazs 7 0.61 1 �.66 10.68 10.89 10.98 After 4 yeazs 11.13 11.19 1 I.21 11.43 11.52 After 5 yeazs 11.50 11.56 11.58 11.81 11.90 After 10 years 12.26 12.32 1234 12.59 12.64 Custodian (Light Duly) A (1) 12/21/96 76'139 07/] 9/97 771.23 12/20l97 '772.77 02/28/48 788.23 09/26/98 744.54 B �z) 792.95 796.91 798.50 814.47 820.99 C (3) 818.52 822.61 824.26 840.75 847.48 Security Officer Modified Duty Worker - Security Officer A B C � �z) � 12/21/96 944.70 982.94 1018.17 0�/19/97 949.42 987.85 1023.26 12/20/97 95132 989.83 102531 02/28/98 97035 1009.63 1045.82 09/26/98 978.11 1017.71 2054.19 Security Officer - Water Utility 12121l96 07l19/97 12/20/97 02/28/98 09l26/48 A (1) 993.48 498.45 1000.45 1020.46 1028.62 B C �2) �3) 1025.53 1058.80 2030.66 1064.04 1032.72 1066.22 1053.37 1087.54 1061.80 1096.24 D (4) 845.10 84933 851.03 868.05 874.99 D (4) 1056.47 1061.75 1063.87 1085.15 1093.&3 D {4) 1094.57 2100.04 1102.24 I124.28 1133.27 E (5) 874.96 879.33 881.09 898.71 905.90 E (5) 1097.66 1103.15 1105.36 1127.47 1136.49 E (5) 1133.16 2138.83 1141.11 1163.93 1173.24 F (6) 904.72 909.24 911.06 929.28 936.71 F (6) 1143.24 1148.46 1151.26 1174.29 1183.68 F (6) 1176.04 2181.92 1184.28 1207.97 1217.63 10-yr. �7) 923.93 928.55 930.41 949.02 956.61 10-yr. ��) 1166.70 1172.53 11�4.88 119838 1207.97 I S-yr. � 944.10 948.82 950.72 969.73 977.49 I S-yr. � 1196.12 1202.10 1204.50 1228.59 1238.42 10-yr. �� 1205.65 1211.68 1214.10 1238.38 1248.29 r� L 15-yr. �g) 1232.51 1238.67 1241.15 i26S.97 1276.1� -ACr- Appendix A (Continued} Personnel hired for employment with the City after ihe daie of the signing of this agreement, to a ciass • listed in ARTICLE 1 above, shail be compensated at the "0 - 6 months" hourly wage rate during their probationary period. After completion of the probationary period the empioyee shall be paid at the "after 6 months" hourly wage rate. Employees promoted from any class listed in ARTICLE 1 above to any class listed in ARTICLE 1 above shall receive the "after 6 months" houriy wage rate. Temporary employees shall be paid the minimum rate indicated in this APPENDIX for the classification in which they aze employed. • • -A7- APPENDIX B- COMO PARK CONSERVATORY/ZOO LAYOFFS � g' � 5� � Noiwithstanding ARTICLE 53 of this Agreement, in the event it is detemuned by the EMPLOYER that it is necessary to reduce the work force at the Como Pazk Conservatory/Zoo work station, employees wi11 be laid off based on the inverse order in which their names appeaz in this Appendix B, regazdless of the classification indicated following their name. Appendix B will only apply to the named emgloyees herein as long as they remain continuously employed 'm the classification indicated and at the Como Pazk Conservatory/Zoo work station. In the event an employee's classification or work station is changed, this Appendix B wili no longer be applicable to such employees. EMPLOYEE Otimo Vasquez Edwazd Erichsen Thomas Stellwag Kenneth Reding Dennis Hermann CLASSIFICATION Custodian-Engineer II Custodian-Engineer II Operating Engineer Operating Engineer Operating Engineer This Appendix B wiil sunset when the last Custodian-Engineer II leaves the Como Park Conservatory/Zoo work station. � U . '� q�-85 3 J • . MEMORANDUM OF AGREEMENT The City of Saint Paul hereinafter refened to as the "Employer", and I.U.O.E. Loca170, hereinafter referred to as the "Union", agree that the Operations Department at the McCarron's Filfration Plant at 1900 Rice Street, St. Paul, can implemenf a work schedule consisting of three (3} twelve-hour days (1) four-hour day. This agreement is established pursuant to 29 U.S.C. § 207 (b) (1} ofthe Fair Labor Standazds Act. It is fixrther understood fhat employees within the Operations Department may, on a voluntary basis, agree to a pay period consistmg of six (6) twelve-hour days and one(i) eight-hour day. The Union aclrnowledges that the affected employees hereby waive any and a11 claizns to premium pay (overtime} for hours in excess of forry per week which result from this substitute schedule. The Union also acknowledges that for the employees covered by this Memorandum of Agreement, Article 7.4 of the current collective Bargaining Agreement shall be revised to read "6:30" a.m. to "6:00". The result of this is that the employees worldng the 630 a.m. to 630 p.m. shift sha11 receive no premium pay for the last half-hour, while those working the shift beginning at 630 p.m. will receive the night differential for the hours worked on that shift. Both parties agree that this Memorandum of Agreement sha11 become null and void inunediately upon the Department of Labar filing a claim against the Employer, or upon the Departrnent of Labor upholding the claim of an individual against the Employer as a result of this substitute work schedule. The undersigned have read and understand the above Agreement. Signed this 2 ��`day of A , 1998. CITY OF SAINT PAUL -vf,�a�(�- � �t Mary H. Keamey Director of Labor Relations I.U.O.E., LOCAL 70 L��f� � Dick Lally, Bus. Mgr. � Ed Kr inger, Bus. ep. �� Mik / �ewazd F.V.ABREL\COMRACTOPENG"!0\95 96�IvI0AHOURS Council File # �$ -8 53 �� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet #_62404_ Presented by_ Referred To Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached Z 1997-1998 Labor Agreement between the City of Saint Paut and the InternationaI Union of Operatmg Engineers Loca170. Requested by Department of. Office of Labor Relations By: � [C°--�--� _ AdopUon Certified by Council Secretary , � � __� �� •.. . -I. . I. �: - r � �:.1��' . .- ` /.� Adopted by CounciL Date �g� �� Form App roed b� C' ttorney B �C�f�r� �IY - trS.� September 2, 1998 CITY OF SAINT PAUL & INTERNATIONAL iJPTION OF OPERATING ENGINEERS, LOCAL 70 1997,1998 Collective Bargaining Agreement Wage and Benefit Summary 11i1�l7�.`A 1997 12/21/96 2.0% 07/19/97 0.5% 12/20/97 0.2% 2.7% 1998 02/28/98 2.0% 09/26/98 0.8% 2.8% *Retroactive pay adjustments shall apply to a11 employees of the bargaining unit except those who have been terminated for cause. Classification Upgrades: Effective January, 1997 Instrument Repairer - Increase hourly wage by $0.50 Maintenance Warker - Increase hourly wage by $035 Trainee (Custodian Engineer) - Increase "after 6 month" hourly wage by $0.28 HEALTHINSURANCE: 1997 I 1998 Single: Full single premium. Single: Full single premium. Family: $336.41 + 50% of the premium increase. I Family: $349.85 + 50% of premium increase. BENEFITS: Call-in-Pay (Article 7.2). Currently when an employee is cailed to work he/she receives two hours pay if not put to wark and four straight time hours pay if work commences. Language was added guaranteeing the four hours ar one and one-half (1.5) times the employee's normal hourly rate for the actual number of hours worked, whichever is greater. Oeertime (Article 7.3). Employees currently determine how overtime is paid, either in compensatory time, or cash, provided there is money in the budget. Language was added that allows the Division of Libraries to pay scheduled overtime in the manner determined by the Employer. Unscheduled overtime shali be paid in the manner deternuned by the Employee provided there is money in the budget. (Library employees are accumulating to much comp. Ume, when they take time off it creates a need for more overtime. Libraries wants to pay cash for overtime.) a� �s3 International Union of Operating Engineers, Local 70 1997,1998 Wage and Benefit Summary. Life Insurance (Articie 1614). Empioyer paid benefit increased from $15,000 to $20,000. Safety shoe allowance (Article 23.1). Current annual allowance of $50.00 can now be used for both purchase and repair and can be carried over from yeaz to yeaz, to a m�nnum accumulation of $150.00. Any unused funds from 1997 can be carried over to 1998. Uniforms (Article 23.2). An inirial uniform will be provided by the employer to employees working in the Water Treatment Plant who aze required to weaz a specified uniform. The uniform will consist of five pairs of trousers, five long-sleeved shirts, and five short-sleeved shirts. Coveralls can be substituted for a shirt and a trouser. In subsequent years, the Employer agrees to provide a uniform allowance of up to $100 per calendar year toward the cost of replacing uniforms. Empioyees must provide proof of uniform purchase to be reimbursed. Employees are responsible for caze and upkeep of the uniform. Th3s replaces the current practice of renting uniforms from a uniform supply company. LANGUAGE Eligibility for Benefits. School District #625 employment will no longer count towazd the service requirement for employees hired by the City, or transferred to the City, after December 31, 1998, for purposes of Severance (Article 11); Retiree Health Tnsurance (Article 16) Como Park ConservatorylZoo Layoffs (Appendix S). The order of layoff, in case of a wark force reduction, for employees holding different titles was updated and sunset language was added. Twelve-hour Days at McCarron's Filtration Plant (MOin. The Memorandum of agreement from the previous contract allowing employees to work twelve hour days was extended to this contract. FiI.ABREL\CONIRAC'1�OPENG70\i997\SUMIvIARYI WPD v DEPARTMENT/OFFICE/COUNCIL: DATE INTTIATED GREEN SfIEET No.: 62404 LABOR RELATIOIv'S 9/2/98 q�C ' g 53 CONTACT PERSON & PHONE: � INITIAL/DATE Wi1'IAL/DniE NLIE KRAUS 266-6513 ASSIGN 1 DEPARTMENT DIR. � 4 CITY COUNCIL N[IMBER 2 CITY ATTORNEY CITY CLERK MUST BE ON COUNCIL AGEA'DA BY (DATE) FOR BUDGET DIR. FIN. & MGT. SERVICE DIR. ROUTD�iG 3 MAYOR (OR ASST,�� ORDER �� — TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATTONS FOR SIGNATORE) ncriox xeQUes�n: This resolufion approves the attached 1997-1998 Labor Agreement between the City of Saint Paul and the Internationai Union of Operating Engineers Local 70. RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE COIVTRACTS MI1ST ANSWER THE FOLLOWING QUESTIONS: _PLANNING COMMISSION _CIVIL SERVICE COMIvIISSION i. Has th9s person/finn ever worked under a contract for this departrnent? _CIB COMMITTEE Yes No _STAFF 2. Hac this person/5mi ever been a city employee? DISTWCTCOIJRT Yes No SUPPORTS WHICH COIJNCIL OBJECTIVE? 3. Does this person/firm possess a skill not normally possessed by any cucrent city employee? Yes No Explain a14 yes auswera ou aeparate sheet and attach to green sheet INITIATIIVG PROBLEM, ISSUE, OPPORI'UNI1'Y (Who, What, When, Where, Why): ADVANTAGES IF APPROVED: DLSADVANTAGES IF APPROVED. €��Cs'�..�� .:),?_�'.� �EP 04 1998 �_'_=��:s_�s:� . 5g$9°5&�� J�'�EE.•� y 3 % �.� V �1 f:rJU DISADVANTAGESIFNOTAPPROVED: `��" � `� � b., v �9�u��_ .- . TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORMATION: (EXPLAIN) �i�i�:'idi� F�,�S2?zECd�3 ��P1?Ei . � 0 4 ± ��: , ° - :;� _ � {� _-�- ,_ _ . . ,_ - . _ . . _ '. .-' ��. :�. , - " ' . - , - _ . _ - � . . -��= ' _- " ��- . . .. ' -__ " -- ' .' . . . . "_ , _- , "' _ � . . . - . -. . . .- . , , - . . - , _ . - ." . ' . _ . . _ ..: . _ . _- . _ _ . _- _ . �. _ "� 199�_-�i998_,_ _ �� _ _ � = � _ - _ - �.ABOR AGREElV�ENT = - � � - ��- befi�veen � � , _ � '�`HE CIT� OF 5A�NT PAUL � , and I�T�I��It�'FIDNAL U��QN 4F flPER�T�NG ENG�NEERS I;:O��L 70 _� _ �_ - � _ _. _ , �_ , � ., �_. _ . < - Y' n U INDEX ARTICLE TITLE PAGE Preamble................................................. ii 1 Recognition ................................................i 2 Defmitions .................................................1 3 Dues-FairShaze ............................................2 4 Union Rights .........................................••-...2 5 Seniority ...................................................3 6 Management Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Hours,Premium Pay .........................................4 8 Leavesof Absence .......................................... .6 9 Military Leave of Absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Jury Duty ..................................................7 11 Severance Pay ..............................................8 12 Mileage ..................................................I1 13 Residency ................................................. 14 Working Out of Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 • 15 Discipline ................................................. 16 Insurance .................................................13 . 17 Holidays ..................................................17 18 Vacation ..................................................1 19 Grievance Procedure ........................................18 20 Wage Schedule .............................................20 21 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 22 Non-Discrimination .........................................21 23 Safety Shoes ...............................................2 24 Termsof Agreement ........................................22 Appendix A - Wages ....................................... A1 Appendix B - Como Park Conservatory/Zoo Layoffs . . . . . . . . . . . . . . B 1 • 1 PREAMBLE C� This Agreement has been entered into between the City of Saint Paul, hereafter refeaed to as the Employer, and Local Union No. 70, Intemational Union of Operating Engineers, AFL-CIO, hereafter referred to as the Union. This Agreement has as its purpose the promotion of hatmonious relations between the Employer and the Union, the establishment of an equitable and peaceful procedure for the resolution of differences, and the establishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above objectives in full compliance • with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1984, as amended. • ii ARTICLE 1- RECOGNITION 1.1 The Employer recognizes the Union as the sole and exclusive bargaining agent for the purposes of � estabiishing wages, benefits, hours and other conditions of employment for all of its employees as outlined in the certification by the State of Minnesota, Bureau of Mediation Services, under Case No. 73-PR-449-A, as amended, to read as follows: All regular, probationary, and provisional engineering and building maintenance personnel who are employed by the City of St. Paul or who have their "terms and conditions of employment" established by the goveming body of the City of St. Paul, and whose employment service exceeds the lesser of 14 hours per week or 35 percent of the normal work week and more than 67 work days per yeaz in the following classifications: Building Maintenance Engineer, Chief Operating Engineer--Civic Center, G�stodial Worker, Custodian, Custodian Engineer I, Custodian Engineer I--Library, Custodian Engineer I--Pubiic Safety, Custodian- -Engineer II, Custodian Engineer II--Library, Custodian Engineer III, Custodian Engineer III--Library, *Fiiter Plant Operator I, Custodian (Light Duty), House Custodian II, Instrument Repairer (Filter Plant), Maintenance Worker, Operating Engineer I, Operating Engineer II, Operating Engineer--Civic Center, Park Ranger, *Pumping Engineer I, Pumping Bngineer II, Pumping Engineer TII, Security Officer, Sewer Pumping Station Operator, Stadium Supervisor, Supervising Stationary Engineer, Watchman--Water Departrnent, Water Plant Operator I, Water Plant Aide, Water Treatment Plant Operator II, Trainee (Custodian Engineer); excluding supervisory, managerial, clerical confidential, temporary and emergency employees, those exciusively represented by other labor or employee organizations, and all other empioyees. • 1.2 The parties agree that any new classifications which are an expansion of the above bazgaining unit or which derive from the classifications set farth in this Agreement shall be recognized as a part of this bazgaining unit, and the parties shall take all steps required under the Public Empioyment Relations Act to accomplish said objective. ARTICLE 2 - DEFINITIONS 2.1 Collective Bargaining - The Employer will bazgain collectively with the Union and with respect to rates of pay, hours and ather conditions pertaining to employment for all of the employees in the unit hereinbefore set forth. 2.2 Maintenance of Standards - The Employer agrees that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and general working conditions shall be maintained at not less than the highest minimum standazd as set forth in the Civil Service Rules of the City of Saint Paul, (Resolution No. 3250 and the Saint Paul Salary Plan and Rates of Compensation) at the time of the signing of this Agreement, and the conditions of employment shall be nnproved wherever specific provisions for improvement aze made elsewhere in this Agreement. • ARTICLE 2 - DEFINITIONS (Continued) 2.3 Discrimination - The Employer will not inter€ere with, restrain or coerce the employees covered by tfiis Agreement because of inembership in or activiry on behalf of the Union. The Employer wiil not discriminate in respect to hire, tenure of employment or any term or condition of employment against any employee covered by this Agreement because of inembership in or activity on behalf of the Union, � nor will it discourage or attempt to discourage membership in the Union, or attempt to encourage membership in anoiher Union. 2.4 The term "Employer" shall mean the City of St Paul or the St. Paul Water Utility. ARTICLE 3- DUES - FAIR SHARE 3.1 Dues - The Employer agrees to deduct the Union members}up initiation fee assessments aud once each month dues from the pay to those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified xo the Employer by a representative of the Union and the aggregate deduc6ons of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 3.2 Fair share - Any present or future employee who is not a Union member shall be required to contribute a fair shaze fee for services rendered by the Union. Upon notification by the Union, the Employer shall check off said fee from the earnings of the employee and transmit the same to the Union. In no instance shall the required contribution exceed a pro rata shaze of the specific expenses incurred for services rendered by the representative in reIationship to negotiation and administration of grievance procedwes.• This provision shali remain operative only so long as specificatIy provided by Minnesota Iaw, and as otherwise Iegai. 33 The Union will indemnify, defend and hold the Employer harmless against any claims made and against any suits instituted against the City, its officers or employees, by reason of negligence of the Union in requesting or receiving deductions under this Article. The City will indemnify, defend and hold the IITtION hannless against any claims made and against any suits instituted against the Union, its officers or employees by reason of negligence on the part of the Employer in making or forwarding deductions under this Article. ARTICLE 4 - UNION RIGHTS 4.1 The Union may designate employees within the bargaining uniY to serve as Union Stewazds and shall be required to adminisYer this Agreemenl. 4.2 The Union shall fiunish the Employer and appropriate Department Heads and Labor Relations Director with a list of Stewazds and altemates, and shall, as soon as possible, notify said appropriate City officials in writing of any changes thereto. Only those who are Officers and Stewazds shall be reco� i�ed by the Employer for the purpose of ineetings. • 2 ARTICLE 4 - UNION RIGHTS (Continued) 43 There shall be no deduction from the pay of a Steward when directly involved in meetings with • management relating to the administration of this Agreement during working hours. 4.4 Designated Union Representatives shall be permitted to visit employees on job sites and at department buildings during working hours for the purpose of the administration of this contract. 4.5 Shop Steward - One shop stewazd from each department will be allowed to accompany an empioyee's authorized representative during regular working hours for the purpose of wage, salary, or fringe benefit discussions or other problems of their particular concem involving employees of the City of St. Paul under the foliowing conditions: 1) That only one employee from any one department be allowed to leave his/her work. 2) That the steward be expected to attend these meetings on his/her own time when they aze held outside of hislher regulaz working hours. 3) That adequate notice is given to the department heads so that permission may be obtained. 4) That the steward has officially been designated as such by the Union that he/she represents. 5) Union Conventions - Duly elected Union delegates shall be granted time off without pay for one week to attend such convention. Vacation oz compensatory time may be used for this purpose. � The Union shall give at least ten working days advance notice of the empioyees who will be participating in such conventions. ARTICLE 5 - SENIORITY 5.1 Seniority, for the purpose of this Agreement, shali be defined as foilows: The length of continuous, regulaz and probationary service with the Employer from the date an employee was first appointed to a class title covered by this Agreement, it being fiu�ther understood that seniority is confined to the current class assignment heid by an employee. In cases where two or more employees are appointed to the same class title on the same date, the seniority shail be determined by the employee's rank on the eligible list from which certification was made. 5.2 Seniority shall terminate when an empioyee retires, resigns, or is dischazged. 5.3 In the event it is determined by the Employer that it is necessary to reduce the work force, employees will be laid off by class title within each department based on inverse length of seniority as defined above. 5.4 In cases where there are gromotional series, such as Custodian Engineer I, II, III, etc., when the number af employees in the higher tides is to be reduced, employees who have held lower tities in the bargaining . unit will be offered reductions to the highest tit2e to which class seniority would keep them from being laid off, before layoffs are made by any class title in any department. 3 ARTICLE 5 - SENIORITY (Continued) 5.5 Recall from layoff shall be in inverse order of Iayoff, except that recail rights shaIl expire after two yeazs of layoff. 5.6 It is understood that such employees will pick up their former seniority date in any class of positions tha� they previously held. ARTICLE 6 - MANAGEMENT RIGHTS 6.1 The Union recognizes the right of the Employer to operate and manage its aff'airs in atl respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the Employer has not officially abrid$ed, delegated, or modified by this Agreement aze retained by the Employer. 6.2 A public Employer is not required to meet and negotiate on matters of inherent managerial policy, which inctude, bui aze not timited to, such azeas of discretion of policy as the functions and programs of the Employer, its overail budget, utilization of technology, and organiza�ional structure and selection and direction and number of personnel. ARTICLE �- IiOURS, PREMIUM PAY 7.1 Hours o# Employment - The normal work day and the normal work week shall be 8 consecutive hours in any 24-hour period and 40 hours in any 7-day period. (For employees on a shift basis, this shall be construed to mean an average of forty hours a week.) The normal work week sfiall cansist of 5 consecutive normal work days. Within the Division of Libraries, the normal work week shall consist o� 5 consecutive normal work days followed by two (2} consecutive days off. 7.2 Call-in-Pay - When an employee is called to work he/she shall receive two hours pay if not put to work. If an employee is called to work and commences work, he/she shall be guazanteed four straight time hours pay, or one and one-Half (1.5} times the employee's normal hourly rate for the actual number of hours worked, wtcichever is greater. These provisions, however, shatl not be effective when work is unable to proceed because of adverse weather conditions; nor shall these provisions apply to temporary or emergency employees nor to employees employed under any of the titles listed in Section 3.M of the Civil Service Rules under the heading "Special Employments' ; nor to any person whose regulaz scheduled workday is less than four hours. 73 Overtime - Time on the payroll in excess of the nomtal hours set forth above shall be"overtime work" and shali be done only by the order of the head of the deparkment An Employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined by the employee provided there is money in the budget. In the Division of Libraries, overtime wluch is scheduled overtime shatl be paid at the discretion of the Employer; overtime which is unscheduled shatl be at the cfioice of the employee provided tttere is money in the budget. The overtime rate of one and one-half shall be computed on the basis of 1/80th of the bi-weekly rate. . 4 ARTICLE 7- HOURS, PREMIUM PAY (Continued) 7.4 Premium Pay - To any empioyee who works on a regulazly assigned shift beginning eazlier than 6 a.m. • or ending later than 6 p.m., provided that at least five hours of the sluft aze worked beriveen the hours of 6 p.m. and 6 a.m., there shall be paid a night differential for the enGre shift. To any employee who works on a regularly assigned shift, beginning eazlier than 6 a.m. or ending later than 6 p.m., but less than five hours of the shift are worked between the hours of 6 p.m. and 6 a.m., there shall be paid a night differential for the hours wozked between the hours of 6 p.m. and 6 a.m. Notwithstanding Section III B of the Saint Paul Salary Plan and Rates of Compensation, employees working at the Water Utility's Filtra6on Plant and who are regularly assigned to a shift which begins at 230 p.m. shall be eligible for the night differential as stated in Section III B for the entire shift. 7.5 The night differential shall be 5% of the base rate, and shall be paid only for those night shifts actually worked; provided, however, that the provisions of this subsection shall not apply to emergency or temporary empioyees in the Auditorium, or to employees holding titles listed in Section II of the Saint Paul Salary P1an and Rates of Compensation under the heading "Special Employments" in this bargaining unit. 7.6 A premium pay of twenty-five (25) cents per hour shai] be paid for all swing stage work, such as any work performed from a boatswain's chair or a swing scaffold, fifry (50) feet or more above the ground. All standazd safety laws shail be complied with. • 7.7 Notwithstanding Article 7.1, employees may, through mutual agreement with the Employer, work schedules other than schedules lianited by the normal work day and work week as set forth in Article 7.1. Overtime compensation for employees working under such agreements shall be subject to the provisions, for same, as set forth by the Fair Labor Standazds Act. 7.8 For employees who wish to share a position, the Empioyer will attempt to provide options for implementing a shazing arrangement. Such an arrangement must be mutually agreed upon by the Employer and the empioyees involved. Vacation, holiday, and sick leave benefits for employees who shaze a position shall be pro-rated based upon the percent of hours worked. Health insurance benefits shall be administered in accordance with the provisions of Article 16 (Insurance) of this Agreemeni. In the event that one of the employees participating in the shazed position is terminated or terminates employment, the Employer shall post the job sharing vacancy for a period of ten (10) days. If, at the end of ten (] 0) days, such vacancy cannot be fiiled, the Employer shali have the oprion of increasing the remaining employee's work hours. 7.9 Articles 7.7, and 7.8 shall not be subject to the provisions of Article 19 (Grievance Procedure) of this Agreement. • ARTICLE 8- LEAVES OF ABSENCE 8.1 Leave of Absence - After three month's employment, an employee may make application for a leave of absence not to exceed one yeaz. A leave of absence shall be granted on the basis estahlished in the Civil Service Rules (Resolution No. 3250). � 8.2 Sick Leave - Sick leave shall accumulate at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accumulation is unlimited. To be eligible for sick leave employees must report to their supervisor no later than one-half hour past their regulaz scheduled starting time. The granting of sick Ieave sfiatl be subject to the terms and provisions of Resoiution No. 325Q of the City of Saint Paul. 83 Any employee who has accumulated sick leave credits as provided above shall be granted leave with pay, for such period of time as the head of the department deems necessary, on account of sickness or injury oftfie employee, quarantine established by a public heatth enforcement agency, death of the employee's mother, father, sponse, child, brother, sister, mottier-in-law, father-in-law, grandparent, grandchild or other person who is a member of the household; and may be granted leave with pay for such time as is actually necessary for office visits to a doctor, denrist, optometrist, etc. 8.4 In the case of a serious iltness or disability of an employee's cluld, parent, or household member, the head of the department shall grant ]eave with pay in order for the employee to care for or make arrangements for the caze of such sick or disabled persons. Such paid leave shall be drawn from the empioyees accumulated sick leave credits. Use of such sick leave shall be 1'united to 40 hours per incident. 8.5 Matemity and Parental Leave - Pregnant empioyees of the City of Saint Paul shall be eligible for the use of paid sick leave and unpaid leave of absence in the same manner as any other disabled or ill City employee. Such paid sick leave eligibility shall begin upon certification by the employee's attending physician that the employee is disabled in terms of her ability to perform the duties of her position. A twelve (12) month Pazental leave of absence without pay shall be granted to a natural pazent or an adoptive parent, who requests such leave in conjunction with the birth or adoption of a child. Such leave may be extended an additional twelve (12) months by mutual agreement between the employee and the Employer. Refusal on the part of the Employer to grant an eartension of such 2eave shall not be subject to ihe provisions of Article 6 of this Agreement Employees who retum following such leaves of absence sliall be placed in a position of equivalent salary and tenure as the one held just prior to the beginning of their leave. 8.6 School Conference Leave - An employee shall be granted up to a total of sixteen (16) hours during a school yeaz to attend schooi conferences or classroom activities related to the employee's child, provided the conferences or classroom activities cannot be rescheduled during non-work hours. If the need far the leave is foreseeable, the employee must provide reasonabte prior notice of the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operation of the Employer. An employee shall be allowed to use vacation or compensatory time for this leave; otherwise this leave shall be without pay. • 6 ARTICLE 9- MILITARY LEAVE OF ABSENCE 9.1 Pay Allowance - Any employee who shall be a member of the I�Iational Guard, the Naval Militia or any other component of ihe militia of the state, now or hereafter organized or constituted under state or • federal law, or who shall be a member of the Officer's Reserve Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval force of the Ilnited States, now or hereafter organized or constituted under Federal law, shall be entitled to leave of absence from employment without loss of pay, seniority status, efficiency rating, vacation, sick leave or other benefits for all the time when such employee is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or fedezal purposes, provided that such leave shall not exceed a totat of fifteen (15) days in any calendar year and, further provided that such leave shall be allowed only in case the required military or naval service is satisfactorily petformed, which shall be presumed unless the contrary is established. Such leave shall not be allowed unless the employee: (i} retums to his/her position immediately upon being relieved from such military or naval service and not later than the expiration of time herein limited for such leave, or (2) is prevented from so returning by physical or mental disability or other cause not due to such employee's own fault, or (3) is required by proper authority to continue in such aulitary or naval service beyond the tune herein limited for such leave. 4.2 Leave VVithout Pay - Any employee who engages in active service in time of waz or other emergency declared by proper authority of any of the military or naval forces of the state or of ihe United States for which leave is not otherwise allowed by law shall be entitled to leave of absence from employment without pay during such service with right of reinstatement and subject to such conditions as are • imposed by law. 93 Such leave of absence as are granted under Article 9 shall conform to Minnesota Statutes, Section 192, as amended from time to time and shall confer no additional benefits other than those granted by said statute. ARTICLE 10 - JURY DUTY 10.1 Employees who are required to appeaz in court as jurors or witnesses shall be paid their regulaz pay while they are so engaged, provided however, that any fees that employees may receive from the court for such service shall be paid to the Employer and be deposited with the Director of Finance and Management Services. Any employee who is scheduled to work a shift, other than the normal daytime shift, shali be rescheduled to work the normal daytime shift during such time as he/she is required to appeaz in court as a juror or witness. n U 7 ARTICLE 11- SEVERANCE PAY 11.1 The Employer shall provide a severance pay program as set forth in this Article. 11.2 To be eligible for the severance pay program, an employee must meet the following requirements: � (1) The employee must be 58 years of age or older or must be eligible for pension under the "rule of 85" or the "rule of 90" provisions of the Public Employees Retirement Associarion (PERA). The "rule of 85" or the "rule of 90" criteria shall also appiy to employees covered by a public pension ptan other than PERA. {2) The employee must be voluntarily separated from City empioyment or have been subject to separation by lay-off or compulsory retirement Those employees who are discharged for causa, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligible for the City severance pay program. (3) The employee must have at least ten (10) yeazs of consecurive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this Article, service requirements for severance eligibility will not include yeazs of service with School District #625 for employees hired by the CiTy, or transferred to the City after December 3 t, 1998. (4) The employee must file a waiver of re-employmeat with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or re-employment (of any type), with the City. (5) The employee must have accumulated a minimum of sixty (60) days of sick leave eredits at the • time of his/her sepazation from service. 11.3 If an employee requests severance pay and if the employee meets the eligibifity requirements set forth above, he or she witl be granted severance pay in an amount equal to one-haif of the daily rate of pay for the position held by the employee on the date of sepazation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 1 I.4 The maximum amount of money that any employee may obtain through this severance pay pmgram is $6,500. 11.5 For the purpose of this severance program, a death of an employee shall be considered as sepazation of employment, and if at the time of 1us or her death, the employee would have met all of the requirements set forth above, payment of the severance pay may be made to the employee's estate or spouse. 11.6 For the purpose of this severance program, a transfer from the City of Saint Paul empioyment to Independent School Aistrict No. 625 employment is considered a separation of employment, and such transferee shall be eligible for the City severance program. • ARTICLE 11- SEVERANCE PAY (Continued) 11.7 The manner of payment of such severance pay sha11 be made in accordance with the provisions of City Ordinance No. 11490. • 11.8 This severance pay program shall be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this articie conflict with said ordinance and in such cases, the provisions of this article shall control. 11.9 The provisions of this articIe shall be effective as of December 24, 1983. 11.10 Any employee hired prior to December 31,1983 may, in any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this article or the ordinance shall constitute a baz to receiving sevezance pay &om ihe other. Any employee hired after December 31, 1983 shall on]y be entitled to the benefits of this article upon meeting the qualifications herein. 1 i.l I Articles 11.12 through 11.18 shall apply only to employees appointed aRer June 26, 1990. 11.12 The Employer shall provide a severance pay program as set forth in Articles 11.13 through 11.20. 1 I.13 To be eligible for the severance pay program, an employee must meet the foliowing requirements. (1) The employee must be voluntarily separated from the City employment or have been subject to • separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligible for the city severance pay program. (2) The employee must file a waiver of re-emgloyment with the Human Resources D'uector, which will cleaz2y indicate that by requesting severance pay, the employee waives all claims to reinstatement or re-empioyment (of any type), with the City. (3) The employee must have an accumulated balance of at least elghty (80) days of sick leave credits at the time of his separation from the service. • 9 ARTICLE 11- SEVERANCE PAY (Continued) I 1.14 If an emptoyee requests severance pay and if the empioyee meets the eligibiiity requirements set forth above, he or she will be granted severance pay in an amount equat to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to • a maacimum as shown betow based on the number of years of service in the City. Years of Service with the Citv At Least 20 21 22 23 24 25 Maximum Severance Pav $ 5,000 $ 6,000 $ 7,000 $ 8,000 $ 9,000 $10,000 I 1.15 For the purpose of this severance program, a death of an employee shall be considered as sepazation of empioyment and if the employee would have met a12 of the requirements set fortk above, at the time of his/her death, payment of the severance pay shall be made to the employee's estate or spouse. 11.16 For the purpose of this severance program, a transfer from the City of Saint Paul employmeni to Independent School District No. 625 employment is considered a separation of employment, and such uansferee shall be eligible for the City severanee program. 11.17 The manner of payment of such severance pay shall be made in accordance with the provision of the • City's Severance Pay Ordinance. 11.18 This severance pay program shall be subject to and govemed by the provisions of the City's Severance Pay Ordinance except in those cases wfiere the specific pmvisions of this Article conflict with said Ordinance and in such cases, the provisions of this Article shall control. 1 I.19 Notwithstanding ArticIe 11.1 I, employees appointed prior to June 26, 1990 to a title covered by this Agreement who meet the qualifications as defined by the qualifications as defined in Articles 11.13 and 11.14 may elect to draw severance pay under the provisions of 1 I.14. However, an election by an employee to draw severance pay under Article 11.14 shall constitute a bar to drawing severance pay under any other provisions set forth in this Article 11. 11.20 Employees appointed after June 26,1990, to a title covered by this Agreement shall noi be eligible for any severance pay plan other than the provisions set forth in Articles 11.11 through 11.19. • 10 ARTICLE 12 - CITY MILEAGE 12.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paui Administrative • Code, as amended, pertaining to reimbursement of City o�cers and employees for the use of their own automobiles in the performance of their duties, the foilowing provisions are adopted. 12.2 Method of Computation: To be eligibie for such reimbursement, all officers and empioyees must receive written authorization from the Department Head. Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day the empioyee's vehicle is actually used in performing the duties of the employee's position. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shali not be eligible for any per diem. Type 2. If an employee is required to use his/her own automobile REGULARLY during employment, the employee shali be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. • If such employee is required to drive an automobile during empioyment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. 12.3 The City will provide pazking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement plans who aze required to have their personal caz available for City business. Such parking wiil be provided only for the days the employee is required to have his or her own personal car availabie. 12.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shali file daily reports indicating miles driven and shail file monthly �davits stating the number of days worked and the numbex of miles driven, and fiuther require that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These ntles and regulations, together with the amendment thereto, shall be maintained on file with the city clerk. • 11 ARTICLE 13 - RESIDENCY 13.1 The Residency Resolution effective August 4, 1979, in Council File No. 273378 shall apply to all employees covered by this Agreement. ARTICLE 14 - WORKING OUT OF CLASSIFTCATION • 14.1 Employer shall avoid, whenever possible, working an employee on an out-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fiReen (15} working days shait receive the rate ofpay for the out-of-class assignment in a higher classification not later than the sixteenth (16th) day of such assignment. For the purpose of this Article, an out-of-class assignment is defined as an assignment of an employee to perform, on a full time basis, a11 of the significant duties and responsibilities of a position different from the employee's regular position, and which is in a classification higher than the classificarion held by such employee. The rate of pay for an approved out-of-class assignment shall be the same rate the employee would receive if such employee received a regulaz appointment to the higher classification. ARTICLE 15 - DISCIPLINE 15.1 The Employer will discipline employees for just cause only. Discipline will be in the form of: (1) Oral reprimand; (2) Written reprimand; (3) Suspension; (4) Reduction; (5) Discharge 15.2 A notice in writing of Suspensions, Reductions and Disehazges shall be sent to the employee and the union seventy-two (72) hours after such action is taken. 15.3 Employees and the Union will receive copies of written reprimands and notices of suspension and discharge. • 15.4 Employees may examine all information in the Empioyer personnel file that concerns work evaluations, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the Employer. 15.5 Discharges will be preceded by a five (5} day preliminary suspension without pay. During said period, tfie employee and/or Union may request, and shall be entided to a meeting with the Employer representative who initiated the suspension with intent to discharge. During said five (5) day period, the Employer may affirm the suspension and dischazge in accordance with Civil Service Rules or may moclify, or withdraw same. 15.6 An employee to be questioned concerning an investigation or disciplinary action shall have the right to request that a Union representative be present. • 12 ARTICLE 15 - DISCIPLINE (Continued) 15.7 Grievances relating to this Article shall be processed in accordance with existing Civil Service procedures, except that oral and written reprimands shall be taken up in the grievance procedure under • Article 19 (Crrievance Procedure). ARTICLE 16 - INSURANCE Active Empioyee Insurance 161 The insurance plans, premiums for coverages and benefits contained in the insurance plans offered by the Employer shail be solely controlled by the contracts negotiated by the Employer and the benefit providers. The Bmployer will attempt to prevent any changes in the benefits offered by the benefit providers. However, the employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. 16.2 For the purpose of this Article, full-time employment is defined as appeazing on the payroll an average of at least 32 hours per week for the twelve (12) month period preceding the annual open enrollment or special enrollments, or for the six (6) month period preceding initial enroliment. Three-quarter time employment is defined as appearing on the payrofl an average of at least 26 hours per week, but less than 32 hours per week, for the tweive (12) month period preceding the annual open enroliment or special enroliments, or for the six (6) month period preceding initiai enrollment. Aaif-time employment is defined as appearing on the payroll at least 20 hours per week, but less than 26 hours per week, for the twelve (12) month period preceding the annuai open enroliment or special • enrollments, or for the six (6) month period preceding the initial enrollment. 16.3 For each eligible employee covered by this Agreement who is employed half-time and who selects employee heaith insurance coverage, the Employer agrees to contribute fifty percent (50%) of the amount contribuied for fuli-time employees selecting empioyee coverage in the same insurance plan. For each half-time employee who selects family health insurance coverage, the Employer agrees to contribute fifty percent (50%) of the amount contributed for full-time employees selecting family health insurance coverage in the same insurance plan. For each eligible empioyee covered by this Agreement who is employed three-quarter time and who selects employee health insurance coverage, the EMPLOYER agrees to contribute seventy-five (75%) of the amount contributed for full-time employees selecting employee coverage. For each three-quarter time employee who selects family health insurance coverage, the Employer agrees to contribute seventy- five percent (75%) of the amount contributed for full-time employees selecting family health insurance coverage. 16.4 Effective January 1, 1997, for each eligible employee covered by this Agreement who is empioyed full-time and who selects employee health insurance coverage, the Employer agrees to contribute the cost of the least expensive employee insurance offered by the Employer. For each eligible full-time employee who selects family heaith insurance coverage, the Employer will contribute the cost of such • family coverage or $349.85 per month, whichever is less. 13 ARTICLE 16 - INSURANCE (Continued) 16.5 Effective January 1, 1998, for each eligible employee covered by this Agreement who is employed full- time and who selects employee heaith insurance coverage, the Employer agrees to contribute the cost of Yhe least expensive premium for employee health insurance offered by the Employer. For each eligible • full-time employee who selects family health insurance coverage, the Employer's contribution towazd family insurance coverage shown above in Article 16.4 shatl be adjusted to reflect an increase in an amount equal To fiRy percent (50%) of the largest 1998 premium inerease foz fanvly health insurance coverage provided by the Employer. The 1998 contribution is $349.85. 16.6 Notwithstanding Article 163, eligible employees covered by Yhis Agreement and employed half-time prior to January 1, 1986, sha11 receive the same insurance contributions as a fuli-time employee. This Article, 16.6, applies only to eligible employees who were employed half-time during the month of December, 1985, and shall continue Yo apply only as long as such employee remains continuously employed half-time. Reriree Insurance 16.7 Employees who retire must meet the following conditions at the time of retirement in order to be eligible for the Employer contributions, listed in Sections 16.8 through 16.11 below, towazd a health insurance plan offered by the Employer: (1) Be receiving benefits from a public employee retirement act at the time of rerirement, and (2) Have severed his/her relarionship with the City of Saint Paul for reasons other than misconduct, and (3) Have completed at least 20 years with the City of St. Paul. (4) Service requirements for retiree health insurance eligibility wili not inclnde years of service wit School District #625 for employees hired by the City, or transfetted to the City, after December 31, 1998. Early Retirees 16.8 This Section shall apply to full time employees who: (1) Retire on or after 7anuary 1, 1996, and (2) Were appointed on or before December 31, 1995, and (3) Have not attained age 65 at retirement, and (4) Meet the terms set forth in Section 15.7 above, and (5) Select a health insurance plan offered by the Employer Until such employees reach sixty-five (65) years of age, the Employer agrees that for retirees selecting single coverage, the Employer wili provide the same contribution as is provided for active employees selecting single coverage under this Agreement. Ttus amount, however, shal2 not exceed $350.00 per month. For employees selecting family healtti insurance coverage, the Employer will coatdbute $350 per month towazd the premium for family health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree. When such eaziy retiree attains age 65, the provisions of Section 16.10 shall apply. • 14 ARTICLE 16 - INSURANCE (Continued) � 16.9 This Section shall apply to full time employees who: (1) Retire on or after January 1,1996, and (2) Were appointed on or after January 1, 1996, and (3) Have not attained age 65 at retirement, and (4) Meet the conditions set forth in Section 16.7 above, and (5) Select a health insurance pian offered by the Employer. 9'�`- ��,� Until such retirees reach sixty-five (65) yeazs of age, the Employer agrees to contribute a maximum of $300.00 per month towazd the cost of single or family health insurance coverage. Any unused portion shall not be paid to the retiree. When such eazly retiree attains age 65, the provisions of Section 16.11 shail apply. Regular Retirees (Age 65 and over) 16.10 This Section shall apply to full time employees who: (1) Retire on or after January 1, 1996, and (2) Were appointed on or before December 31, 1995, and (3) Have attained age 65 at retirement, and (4) Meet the terms set forth in Section 16.7 above, and (5) Select a health insurance plan offered by the Employer The Employer agrees to contribute a maximum of $350.00 per month towazd the premium for single or � family health insurance coverage offered by the Employer to regular retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This 5ection shall also apply to eazly retirees who retired under the provisions of Section 16.8 when such eazly retirees attain age 65. 16.11 This Section shall apply to fuli time employees who: (1) Retire on or after January i, 1996, and (2) Were appointed on or after January 1, 1996, and (3) Have attained age 65 at retirement, and (4) Meet the terms set forth in Sections 16.7 above, and (5) Select a heaith insurance plan offered by the Employer The Employer agrees to contribute a maacimum of $300.00 per month toward the cost of single or family health insurance coverage ofFered to regular retirees and their dependents. Any unused portion shall not be paid to the retiree. This Section shall also apply to eazly retirees who retired under the provisions of Section 16.9 when such eazly retirees attain age 65. �� L 15 ARTICLE 16 - INSURANCE (Continued) 16.12 If an employee does not meet the condition of Section 16.7(3), but has completed at least ten (10) year of service with the City, he/she may purchase single or family healYh insurance coverage througk the Employer's insurance program. The total cost of such insurance coverage shall be paid by the retiree. � 16.13 A retiree may not carry his/her spouse as a dependent if such spouse is also a City retiree or City employee and eligible for and is enrolled in the City's health insurance program. 16.14 For each eligible employee the Employer agrees to contribute the cost $20,000 of life insurance coverage. 16.15 Any cost of any premium for any City-offered employee or family insurance coverage in excess of the dollaz amounts stated in this Article 16 shall be paid by the employee. 16.16 The Employer will provide a system whereby the employee's contribution toward the premiums for the employee's selected health insurance coverages can be paid on a pre-tas basis. Employees covered by the Agreement will be e2igible to participate in the Flexible Spending Account as offered by the Employer. The service fee charged to participating employees shall be paid by the empioyee. 16.17 Employees covered by this Agreement shall be eligibte to participate in the Dependent Care Reimbursement Account offered by the Employer. The service fee chazged to participating employees shail be paid by the Employer. 16.18 The contributions indicated in this Article 16 shall be paid to the Employer's Third Party Administrator. Survivor Insuraace 16.19 The surviving spouse of an employee carrying family coverage at the time of his/her death due to a job connected injury or illness which was detemuned to have arisen out of and in ttie course of his/her employment under worker's compensation law shall continue to be eligible for city contribution in the same proportions as is provided for retired employees In the event of the death of an eazly retiree or a regulaz retiree, the dependents of the retiree shall have the option, within thirty (30) days, to continue the cturent hospitalization and medical benefits which said dependents previously had, at the premium and Employer contribution accorded to the eligible deceased retiree. It is further understood that coverage shalt cease in the event of: (1) Subsequent remarriage of the surviving spouse of the deceased employee or retiree. (2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Employer. In this event, however, the surviving spouse or dependeat shall have the right to mainiain City health in�,��nce for the first ninety (90) days of said employment. • 16 ARTICLE 17 - HOLIDAYS � �- � 53 17.1 Holiday recognized and observed. Ttie following days shall be recognized and observed as paid holidays: � New Yeazs Day - January 1 Martin Luther King Day - 3rd Monday of January Presidents' Day - 3rd Monday of Februazy Memorial Day - The last Monday of May Independence Day - 7uly 4 Labor Day - I st Monday of September Veterans' Day - November 11 Thanksgiving Day - 4th Thursday of November The Day After Tbanksgiving Christmas Day - December 25 Two Floating Holidays Eligibie employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above sha11 fall on Sunday, the succeeding Monday shall be observed as the holiday. For those employees assigned to a work week other than Monday through Friday, the holiday shall be observed on the calendaz date of the holiday. 17.2 The floating holidays set forth in Section 11.1 above may be taken at any time during the contract yeaz, subject to the approval of the Department Head of any employee. • 173 Eligibility Requirements In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an employee's name must appeaz on the payroii the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. 17.4 If an employee entitled to a holiday is required to work on Maztin Luther King Day, Presidents' Day, Veterans' Day or the Day after Thanksgiving he/she shall be granted another day off with pay in lieu ihereof as soon thereaRer as the convenience of the department permits, or he/she shall be paid on a straight time basis for such hours worked, in addition to his/her regulaz holiday pay. Employees assigned to a twelve (12) hout shift shall have holiday overtime using a twelve (12) hour value. If an employee entitled to a holiday is required to work on New Year's Day Memorial Day, Independence IJay, Labor Day, Thanksgiving Day or Christmas Day, he/she shall be recompensed for work done on this day by being granted compensatory time on a time and one half basis or by being pvd on a time and one-half basis for such hours worked, in addition to his/her regulaz holiday pay. Emp3oyees assigned to a twelve (12) hour shift shall have holiday overtime using a twelve (12) hour value. . 17 _ __,,,� ARTICLE 18 - VACATION I8.I Vacation credits shall accumulate at the rates shown beIow for each full hour on the payroIl, excIuding overtime. Years of Service .0385 (10 days) .06] 6 (16 days) .0731 (14 days) .0885 (23 days) .1000 (26 days) Hours of Vacation 1 st year thru 4th yeaz Sth year thru 9th yeaz l Oth yeaz thru 15th yeaz 16th year thru 23rd year 24th yeaz and thereafter 18.2 The head of the department may penmit an employee to cazry over into the "vacarion year" up to one-hundred twenty (120) hours of vacation. For the purpose of this article the "vacarion year" shall be the fiscal yeaz (IRS payroll reporting year). 18.� The above provisions of vacation shall be subject to the Saint Paul Satary Plan and Rates of Compensation, Section I, Sub. H. � 18.4 If an employee has an accumulation of sick leave eredits in excess of one hundred and eighty days, helshe may convert any part of such excess of vacation at the rate of one-half day's vacation for each day of sick leave credit. The maximum number of days' vacation allowed by the conversion of sick leave credits shall be no more than fxve days in any one "vacation year". • ARTICLE 29 - GRIEVANCE PROCEDURE 19.1 T'he Empioyer shall recognize Stewards selected in accordance with TJnion rules and regulations as the grievance representaiive of the bargaining unit. The Union shall notify the Employer in writing of the names of the Stewazds and of their successors when so named. 14.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is lunited by the job duties and responsibilities of the empIoyees and shall therefore be accomptished during working hours only when consistent with such employee duties aud responsibilities. The Steward involved and a gieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Steward and the empIoyee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to ihe work programs of the Employer. 18 • ARTICLE 19 - GRIEVANCE PROCEDURE (Continued) � g' D�3 19.3 The procedure estabiished by this Article shall be the sole and exclusive procedure, excepi for the appeal • of disciplinary action as provided by Article I5, for the processing of grievances, which aze defined as an alleged violation of the terms and conditions of this Agreement. Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and refeaed to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within fourteen (14) calendaz days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendaz days after receiving the written grievance a designated Employer supervisor shali meet with the Union 5tewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendaz days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7} calendaz days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. • Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated Employer supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the Employer shall reply in writing to the Union stating the Employer's answer conceming the grievance. If as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred to in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendaz days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an azbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an azbitrator within the said seven (7) day period, either parry may request the Public Employment Relation Boazd to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panei. 1'he Union shali strike the first (1 st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the azbitrator. • 19 ARTICLE 19 - GRIEVANCE PROCEDURE (Continued) 19.4 The azbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract &om the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue 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. The azbitrator shali be without power to make decisions confrary 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 paz[ies, whichever be later, unless the parties agree to an e�Rension. The decision shall be based solely on the arbitrator's interpretation or applicatiott of the express terms of tlus Agreement and to the facts of the grievance presented. The decision of the arbitrator shaIl be final and binding on the Employer, the Union, and the employees. 19.5 The fees and expenses for the arbitrator`s services and proceedings shaii be bome 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. 19.6 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. 19.7 It is understood by the Union and the Empioyer that a grievance may be determined by either the grievance procedure of this contract or by the provisions of the Civil Service Rules of the City of Saint Paul. If an issue is determined by this grievance procedure it shaIl not again be submitted for arbitration under the Civil Service Rules. If an issue is determined by the provisions of the Civil Service Rules it • shall not again be submitted for azbitration under this grievance procedure. ARTICLE 20 - WAGE SCHEDULE 20.1 The wage schedule for purposes of this contract shail be Appendix A attached hereto. T4ie basic hourly wage rates in Appendix A refIect the folIowing increases: 1997 Effective 12/21/96 2.0% Effective 07/19/9? 0.5% Effective 12/20/97 0.2% 1998 Effective 02/28/98 2.0% Effective 09/26/98 0.8% Retroactive pay adjustments shall apply to all empioyees of the bazgaining uait except those who have been terminated for cause. • 20 ARTICLE 21 - STRIKES, LOCKOUTS, WORK INTERFERENCE �� 5 3 21.1 The Union and the Employer agree that there shall be no strikes, work stoppages, slow-downs, sit- • downs, stay-ins, or other concerted interference with the Employer's business or affairs by said Union and/or the members thereof, and there shall be no bannering during the existence of this Agreement without first using all possibie means of peaceful settlement of any controversy which may arise. ARTICLE 22 - NON-DISCRIMINATION 22.1 The terms and conditions of this Agreement will be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, or because of membership or non-membership in the L3nion. 22.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 23 - SAFETY SHOES, UNIFORMS 23.1 The Employer agrees to pay $50.00 per year toward the cost or repair of a pair of safety shoes purchased by an employee who is a member of this unit. The Employer shall contribute towazd the cost of one pair of shoes per contract yeaz and shall not be responsible for any additional cost for any additional shoes thereafter. The contribution shall be accumulafive from yeaz to year, beginning in 1997, to a maximum • benefit of $I50.00 should an employee not utilize the benefit during a calendaz year. This reimbursement shall be made only after investigation and approval by the immediate supervisor of that employee. The Employer contribution shall apply only to those employees who aze required by the Employer to weaz protective shoes or boots. 23.2 The Employer wiil initially provide each employee working in the Water Tzeatment Plant who is required to weaz a specified uniform with five (5) uniforms. The uniform will consist of five pairs of trousers, five long-sleeved shirts, and five short-sleeved shirts. Coveralls can be substituted for a shirt and a trouser. In subsequent yeazs, the Employer agrees to provide a uniform allowance of up to $100 per calendar yeaz towazd the cost of repiacing uniforms. Employees must provide proof of uniform purchase to be reimbursed. Employees aze responsible for caze and upkeep of the uniform. • 21 ARTICLE 24 - TERMS OF AGREEMENT 24.1 Complete Agreement and Waiver of Bargaining - This Agreement shall represent the complete Agreement between the Union and the Employer. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opporhuiity to make requests and proposals with respect to any subject or matter not removed by law from the area of coltective bazgaining, and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opportunity aze set forth in this Agreement. Therefore, the Employer and the Union, for the Iife of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bazgain collectively with respect to any subject or matter referred Yo or covered in this Agreement. 24.2 Savings Ctause - This Agreement is subject to the Iaws of tfie United States, tiia State of Minnesota, and the City of Saint Paul. In the event any provision of this Agreement shall hold to be contrazy to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. 243 Terms of Agreement - Excepi as herein provided, this Agreement shall be effective as of the date it is executed by the parties and shall continue in full force and effect thru the 3I st day of December, 1998, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend, or modify this Agreement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1984. In witness thereof, the parties have caused this Agreement to be executed this r�$' day of August 1998. • • 22 ARTICLE 24 - TERMS OF AGREEMENT �24.4 This constitutes a tentative Agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City, the City Council, and is also subject to rafification by the Union. WITNESSES: CITY OF SAINT PAUL INTERNATIONAL UI�iION OF OPERATING ENGINEERS, LOCAL NO. 70 -��-�-, �-ag-s�' Mary . Kearney Date Labor Relations Director U �'" �-as-qe `� �usiness Mana D� � � S Presi ent Date l.7ino%k► �7 �� .5-tis Recording Secretary Date � '� Negotiat�, g Committee D e ommittee Date � �—� 9� o�nni eeo Date Date �'./ m1-9t� Negbtiating Committee Date �� Business epresenta ' e Date • 23 APPENDIX A - WAGES �/g�$�3 The wage rates and salary ranges for classifications in this unit aze as follows: �J � C� Effective Effective Effecrive Effective Effective 12/21/96 �/19/97 12/20/97 02/28/98 9/26/98 2% .$% .2% 2% .8% Building Maintenance Engineer First 6 months 18.43 18.52 18.56 18.93 19.08 After 6 months 18.43 18.52 18.56 18.93 19.08 Chief Operating Engineer- Civic Center First 6 months 19.94 20.04 2�.08 20.48 20.64 After 6 months 20.75 20.85 20.89 2131 21.48 Custodian-Engineer I First 6 months 16.04 16.12 16.15 16.47 16.60 After 6 months 16.75 16.83 16.86 17.20 1734 Modified Duty Worker Custodian Eng I. First 6 months 16.04 16.12 16.15 16.47 16.60 Afrer 6 months 16.75 16.83 16.86 17.20 1734 Custodian-Engineer I - Library First 6 months 16.04 1612 1615 16.47 16.60 After 6 months 16.75 16.83 16.86 17.20 1734 Custodian-Engineer I - Public Safety First 6 months 16.04 16.12 16.15 16.47 16.60 After 6 months 16.75 16.83 16.86 17.20 17.34 -Al- Appendix A(Continued) Effective Effective Effective Effective Effective ]2/21l96 7/19/97 12/20/97 02/28/98 9/26/98 2% .5% .2% 2% .8% Custodian-Engineer If First 6 months 16.40 16.48 16.51 16.84 I6.97 After 6 months 1732 17.4I I7.44 I7.�9 17.93 Custodian-Engineer II - Library First 6 months 16.40 16.48 16.51 16.84 16.97 After 6 months 1732 17,41 17.44 17.79 17.93 Custodian-Engineer III First 6 months 17.62 1'7.71 17.�5 18.11 18.25 Afrer 6 months 18.57 18.66 18.70 19.07 19.22 Custodian-Engineer III -Library First 6 months 17.62 17.71 17.75 18.11 18.25 After 6 months 18.57 I8.66 18.70 14.07 19.22 *Filter Plant Operator I First 6 months 1734 17.43 17.46 17.81 17.95 After 6 months 18.04 18.13 18.17 18.53 18.68 House Custodian II First 6 months 12.20 12.26 12.28 12.53 12.63 After 6 months 12.20 12.26 12.28 12.53 12.63 Instrument Repairer First 6 months 18.87 18.96 19.00 1938 19.54 After 6 months 19.61 19.71 19.75 20.15 20.31 -A2- � • • Appendix A(Conrinued) Effective Effective Effective Effective Effecrive 12/21196 7119/97 12/20/97 02f28/98 9126/98 2% .5% .2% 2% .8% Maintenance Worker First 6 months 17.70 17.79 17.83 18.19 1834 After 6 months 18.40 18.49 18.53 18.90 19.05 Operating Engineer First 6 months 1836 18.45 18.49 18.86 19.01 After 6 months 19.10 19.20 19.24 19.62 19.78 Operating Engineer - Civic Center First 6 months 1836 18.45 18.49 18.86 19.01 After 6 months 19.10 19.20 19.24 19.62 19.�8 Pumping Engineer II First 6 months 1836 18.45 18.49 18.86 19.01 After 6 months 19.10 19.20 19.24 19.62 19.78 Pumping Engineer III First 6 months 19.94 20.04 20.08 20.48 20.64 After 6 months 20.75 20.85 20.89 21.31 21.48 Sewer Pumping Station Operator First 6 months 19.15 19.25 19.29 19.68 19.84 After 6 months 19.88 19.98 20.02 20.42 20.58 -A3- Appendiac A(Continned) Effective Effective Effective Effective Effeetive I2/21/96 7/19/97 12/ZO/97 02/28/98 9/26198 2% .5% .2% 2% .8% Supervisory Stationary Engineer First 6 months 18.22 18.31 1835 18.72 18.87 After 6 months 18.94 19.03 19.07 19.45 19.61 Trainee (Custodian-Engineer} First 6 months 8.64 8.68 8.70 8.87 8.94 After 6 months 8.93 8.97 8.99 9.17 9.24 Water Plant Aide First 6 months 16.05 16.13 16.16 16.48 16.61 After 6 months 16.78 16.86 16.89 17.23 1737 Water Plant Operator I First 6 months 17.62 17.71 17.75 18.11 18.25 After 6 months 2832 18.41 18.45 18.82 18.9? Water Treatment Plant Operator II First 6 months 1836 18.45 18.44 18.8fi 19.01 Af[er 6 months 19.10 19.20 19.24 19.62 19.78 Custodian Start 14.01 14.08 14.11 1439 14.51 Afrer 6 months 14.42 14.49 I4.52 I4.81 14.93 After 1 yeaz 14.66 14.73 14.76 15.06 15.18 After 2 yeazs 15.12 15.20 15.23 15.53 15.65 . -A4- � • • Appendix A(Continued) Effective Effective Effective Effective Effective 12(21l96 7l14l97 12l20/97 02/28/98 4l26l98 2% .5% .2% 2% .S% Modified Duty Worker - Custodian Start 14.01 14.08 14.11 14.39 14.51 After 6 months 14.42 14.49 14.52 14.81 14.93 After 1 yeaz 14.66 14.73 14.76 15.06 15.18 After 2 yeazs i5.12 15.20 1523 15.53 15.65 Custodiai Worker Start 12.47 12.53 12.56 12.81 12.91 After 6 months 12.84 12.90 12.93 13.19 1330 Afrer I year 13.12 13.19 13.22 13.48 13.59 After 2 yeazs 13.58 13.65 13.68 13.95 14.06 Pazk Ranger 0-500 hours 8.40 8.44 8.46 8.63 8.70 501-1000 hours 8.90 8.94 8.96 9.14 9.21 1001-1500 hours 9.40 9.45 9.47 9.66 9.74 1501+ hours 10.12 10.17 10.19 1�39 10.47 Modified Duty Worker - Park Ranger 0-500 hours 8.40 8.44 8.46 8.63 8.70 501-1000 hours 8.90 8.94 8.96 9.14 9.21 1001-I500 hours 9.40 9.45 4.47 9.66 9.74 1501+ hours 10.12 10.17 10.19 1039 10.47 � Appendix A(Continued) Effecrive Effective Effecrive EffecUve Effective 12/21l96 7/19/97 12/20/97 02/28/98 9/26f98 2% .S% .2% 2% .8% Police Park Ranger Start 8.40 8.44 8.46 8.63 8.70 After 6 months 9.73 9.78 9.80 10.Q0 10.08 After 1 year 10.12 10.17 10.19 10.39 10.47 After 2 yeazs 7 0.61 1 �.66 10.68 10.89 10.98 After 4 yeazs 11.13 11.19 1 I.21 11.43 11.52 After 5 yeazs 11.50 11.56 11.58 11.81 11.90 After 10 years 12.26 12.32 1234 12.59 12.64 Custodian (Light Duly) A (1) 12/21/96 76'139 07/] 9/97 771.23 12/20l97 '772.77 02/28/48 788.23 09/26/98 744.54 B �z) 792.95 796.91 798.50 814.47 820.99 C (3) 818.52 822.61 824.26 840.75 847.48 Security Officer Modified Duty Worker - Security Officer A B C � �z) � 12/21/96 944.70 982.94 1018.17 0�/19/97 949.42 987.85 1023.26 12/20/97 95132 989.83 102531 02/28/98 97035 1009.63 1045.82 09/26/98 978.11 1017.71 2054.19 Security Officer - Water Utility 12121l96 07l19/97 12/20/97 02/28/98 09l26/48 A (1) 993.48 498.45 1000.45 1020.46 1028.62 B C �2) �3) 1025.53 1058.80 2030.66 1064.04 1032.72 1066.22 1053.37 1087.54 1061.80 1096.24 D (4) 845.10 84933 851.03 868.05 874.99 D (4) 1056.47 1061.75 1063.87 1085.15 1093.&3 D {4) 1094.57 2100.04 1102.24 I124.28 1133.27 E (5) 874.96 879.33 881.09 898.71 905.90 E (5) 1097.66 1103.15 1105.36 1127.47 1136.49 E (5) 1133.16 2138.83 1141.11 1163.93 1173.24 F (6) 904.72 909.24 911.06 929.28 936.71 F (6) 1143.24 1148.46 1151.26 1174.29 1183.68 F (6) 1176.04 2181.92 1184.28 1207.97 1217.63 10-yr. �7) 923.93 928.55 930.41 949.02 956.61 10-yr. ��) 1166.70 1172.53 11�4.88 119838 1207.97 I S-yr. � 944.10 948.82 950.72 969.73 977.49 I S-yr. � 1196.12 1202.10 1204.50 1228.59 1238.42 10-yr. �� 1205.65 1211.68 1214.10 1238.38 1248.29 r� L 15-yr. �g) 1232.51 1238.67 1241.15 i26S.97 1276.1� -ACr- Appendix A (Continued} Personnel hired for employment with the City after ihe daie of the signing of this agreement, to a ciass • listed in ARTICLE 1 above, shail be compensated at the "0 - 6 months" hourly wage rate during their probationary period. After completion of the probationary period the empioyee shall be paid at the "after 6 months" hourly wage rate. Employees promoted from any class listed in ARTICLE 1 above to any class listed in ARTICLE 1 above shall receive the "after 6 months" houriy wage rate. Temporary employees shall be paid the minimum rate indicated in this APPENDIX for the classification in which they aze employed. • • -A7- APPENDIX B- COMO PARK CONSERVATORY/ZOO LAYOFFS � g' � 5� � Noiwithstanding ARTICLE 53 of this Agreement, in the event it is detemuned by the EMPLOYER that it is necessary to reduce the work force at the Como Pazk Conservatory/Zoo work station, employees wi11 be laid off based on the inverse order in which their names appeaz in this Appendix B, regazdless of the classification indicated following their name. Appendix B will only apply to the named emgloyees herein as long as they remain continuously employed 'm the classification indicated and at the Como Pazk Conservatory/Zoo work station. In the event an employee's classification or work station is changed, this Appendix B wili no longer be applicable to such employees. EMPLOYEE Otimo Vasquez Edwazd Erichsen Thomas Stellwag Kenneth Reding Dennis Hermann CLASSIFICATION Custodian-Engineer II Custodian-Engineer II Operating Engineer Operating Engineer Operating Engineer This Appendix B wiil sunset when the last Custodian-Engineer II leaves the Como Park Conservatory/Zoo work station. � U . '� q�-85 3 J • . MEMORANDUM OF AGREEMENT The City of Saint Paul hereinafter refened to as the "Employer", and I.U.O.E. Loca170, hereinafter referred to as the "Union", agree that the Operations Department at the McCarron's Filfration Plant at 1900 Rice Street, St. Paul, can implemenf a work schedule consisting of three (3} twelve-hour days (1) four-hour day. This agreement is established pursuant to 29 U.S.C. § 207 (b) (1} ofthe Fair Labor Standazds Act. It is fixrther understood fhat employees within the Operations Department may, on a voluntary basis, agree to a pay period consistmg of six (6) twelve-hour days and one(i) eight-hour day. The Union aclrnowledges that the affected employees hereby waive any and a11 claizns to premium pay (overtime} for hours in excess of forry per week which result from this substitute schedule. The Union also acknowledges that for the employees covered by this Memorandum of Agreement, Article 7.4 of the current collective Bargaining Agreement shall be revised to read "6:30" a.m. to "6:00". The result of this is that the employees worldng the 630 a.m. to 630 p.m. shift sha11 receive no premium pay for the last half-hour, while those working the shift beginning at 630 p.m. will receive the night differential for the hours worked on that shift. Both parties agree that this Memorandum of Agreement sha11 become null and void inunediately upon the Department of Labar filing a claim against the Employer, or upon the Departrnent of Labor upholding the claim of an individual against the Employer as a result of this substitute work schedule. The undersigned have read and understand the above Agreement. Signed this 2 ��`day of A , 1998. CITY OF SAINT PAUL -vf,�a�(�- � �t Mary H. Keamey Director of Labor Relations I.U.O.E., LOCAL 70 L��f� � Dick Lally, Bus. Mgr. � Ed Kr inger, Bus. ep. �� Mik / �ewazd F.V.ABREL\COMRACTOPENG"!0\95 96�IvI0AHOURS