Loading...
90-1269 � I \ I G � ��A � l Council File � Q� � � � Green Sheet # 2150 RESOLUTION ; C1�1( OF SAINT PAUL, MINNESOTA � Presented By C ���-� ' r - Referred To Committee: Date RESOLVED, That the Council of the City of Saint Paul hereby approves and ratifies the attached 1990-1992 agreement between the City of Saint Paul and International Alliance of Theatrical Stage Employees, Local 21. as Navs Absent Requested by Department o : imon osw t �- on �— fice of Pers el an Labor Relations acca ee — e man � c2no_ T i son �- �— � _ AUG 2 1990 Form ppr ed by i y Attorney AdAp*P� hv r'c,unri�- Ddte Adoption Certified by Council Secretary By: � � BY' Approved by Mayor for Submission to Approved by Mayor: Date � p2,�GJp AV� 2 �� ncil � � By: By. G�lt�'� PUBl4SNE0 AU G � �. 1990 . . ��c����� �,-�°��a�9 DEPARTMENT/OFFICE/COUNGL 0 f f i c e O f �T��NITIATED !i ;1 p�� Personnel and Labor Relations 7-03-90 GREEN SHE �`'`-- �- � ��1 � � �O CONTACT PERSON 3 PHONE INITIAUDATE OEPARTMENT DIRE U CITY COUNqL James C. Lombardi 292-7301 �� Cf1YATTORNEY �''�E='��cl�i�`;`u �. MUBT BE ON COUNCIL AQENDA BY(DAT� ROUTING �BUDOET DIHECTOR �FlN.a MOT.SERVICES DIR. �MAYOR(OR AS818TMIT) � TOTAL#►OF SIGNATURE PAQES (CLIP ALL LOCATIONS FOR SIONATURE) ACTION REfiUESTED: This resolution approves a three year contract between the City and International Alliance of Theatrical Stage Employees, Local 20. � � RECOI�AMENDATIONS:Approvs(I�a Rejsct(Fn OpUNCq.COMMITTEEJRESEARCFI REPORT OPTIONAL � _PUWNINO WMMISSION _GVIL 8ERV1�COMMISSION ANALYBT PHONE NO. _pB OOMMITTEE _ ' OOMMENTS: `� _STAFF _ _Di3TRICT COURT — C I T� !�l••� V��: i`v..,�� SUPPORT8 WHICFI COUNqL OBJECTIVE9 INITIATIN(i PROBLEM,188UE,OPPORTUNITY(Who,What,Vlfhen,Whsro,Wh�: The current Memorandum of Agreement expired January 31 , 1990. ADVANTA(�ES IF APPROVED: See attachment DISADVANTAOES IF APPROVED: None ����`�E� �,�,91�0 � �L��,� � DISADVANT/KiE81F NOT APPROVED: Possible Arbitration �,.y��c�� t��search Center .iUL �61yy0 TOTAL AMOUNT OF TRANSACTION a 9��1 S.OO (;pgT/REVENUE SIJDGETED(CIRCLE ON� � _. NO FUNDINO SOURCE various ACTIVITY NUMBER FlNANGAL INFORMATION:(EXPWN) See attachment NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE(3REEN 3HEET INSTRUCTIONAL MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHOPIE NO. 298-4225). ROUTING ORDER: Below are preferred routings for the Nve most frequent types of dxuments: CONTRACTS (assumes suthorized COUNCIL RESOLUTION (Amend, Bdgts./ budget exists) Accept. Grants) 1. Outside Agency 1. Department Director 2. Inftfating Department 2. Budget Director 3. City Attorney 3. City Attorney 4. Mayor 4. MayodAssistant 5. Finance 8 Mgmt Svcs. Director 5. City Councll 6. Finance Accounting 8. Chief Accountant, Fin 8 Mgmt Svcs. ADMINISTRATIVE ORDER (Budget COUNCIL RESOLUTION (all others) Revision) and ORDINANCE 1. Activity Manager 1. Initiating Department Director 2. DepaRmeM Accountant 2• City Attomey 3. DepartmeM Director 3. MayodAssistant 4. Budget Director 4. City Council 5. City Clerk 6. Chief Accountant, Fin 8 Mgmt Svcs. . ADMINISTRATIVE ORDERS (all others) 1. Initiating Department 2. City Attorney 3. MayodAssistant 4. City Clerk TOTAL NUMBER OF SIGNATURE PAGES Indicate the#of pages on which signatures are required and peperClip each of these pages. ACTION REQUESTED Describe what the projecUrequeat aeeks to accompiish in either chronologi- cal order or order of importance,whichever ia most appropriate for the issue. Do not write complete sentences. Begin each item in your list w�h a verb. RECOMMENDATIONS Complete if the issue in question has been preseMed before any body, public or private. SUPPORTS WHICH COUNCIL OBJECTIVE7 Indicate which Council obJective(s)your projecUrequest supports by Iisting the key word(s)(HOUSINC3, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) COUNCIL COMMI7TEE/RESEARCH REPORT-OPTIONAL AS RE�UESTED BY COUNCIL INITIATINCi PROBLEM, ISSUE,OPPORTUNITY Explain the situation or conditions that created a need for your project or request. ADVANTAGES IF APPROVED Indicate whether this is simply an annual budget procedure required by iaw/ charter or whether there are specific ways in which the City of Saint Paul and its citizens will benefit from this projecUaction. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past prxesses migM this projecUrequest produce if ft is passed(e.g.,traf�ic delays, noise, tax increases or assessments)?To Whom?When? For how long? DISADVANTAGES IF NOT APPROVED What will be the negative consequences if the promised action is not approved7 Inability to deliver aervice?Continued high traffic, noise, accident rate? Loss of revenue? FINANCIAL IMPACT Afthough you must tailor the information you provide here to the issue you are addresaing, in general you must answer two q�tions: How much is it going to coat?Who is going to pay? ' ���-��G9 Attachment to Green Sheet I. Financial Information A. Number of employees affected: 2 B. Approximate cost of insurance and wages for 1989: $64,897.00 C. Increased cost of insurance and wages for 1990: $2,035.00 D. Approximate cost of insurance and wages for 1990: $66,932.00 E. Increased cost of insurance and wages for 1991: $4,587.00 F. Approximate cost of insurance and wages for 1991: $71,519.00 G. Increased cost of insurance and wages for 1992: $3,093.00 H. Approximate cost of insurance and wages for 1992: $74,612.00 I. Overall increase in costs of insurance and wages for 1990-1992: $9,715.00 These figures reflect a 4� increase in wages for 1990, to take effect the first pay period following adoption of this contract. For 1991 and 1992 the wages will be increased by 4�. Insurance increases for 1990 are $45.00 per employee per month. In 1991, the increase will be $25.00 per month and 1992 it will again increase by $25.00 per employee per month. The approximate total package increase for 1990 will be 3.14$, for 1991 it will be 6.9$ and for 1992 it will be 4.33$. The approximate total 1990-1992 package costs reflect a 15� increase over the 1989 total package cost. II. Contract Summarv In the past we have had a Memorandum of Understanding with this bargaining unit. At their request we negotiated a contract based on contracts we have with other Trades and skilled labor groups. The new master agreement resulted in no changes, and simply puts into effect the wages, hours, terms and conditions of employment offered to this bargaining unit prior to negotiating a formal contract. � � ��y� -���� FEBRUARY 1, 1990 THROUGH DECEMBER 31� 1992 COLLECTIVE BARGAINING AGREEMENT • BETGIEEN THE CITY OF SAINT PAUL AND INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES, IACAL N0. 20 . . �y�'��� 9 I N D E X �RTICLE TITLE PAGE Principles 1 I Recognition 2 II Union Rights 3 III Payroll Deductions 4 IV Management Rights 5 V Safety 6 VI Discipline Procedures 7 VII Hours 8 VIII Insurance 9 IX Employee Rights-Grievance Procedure 12 X Sick Leave 16 XI Vacations 17 XII Holidays 18 XIII Severance Pay 20 XIV Wages 22 XV Savings Clause 23 XVI Jurisdiction 24 XVII Strikes, Lockouts� Work Interference 25 XVIII Terms of Agreement 26 Appendix A A1 - ii - • �,�-.=90-��� � PRINCIPLES This Agreement is entered into to facilitate the adjustment of grievances and disputes between the Employer and Employees to provide, insofar as possible, for the continuous employment of labor and to establish necessary procedures for the amicable ad3ustment of all disputes which may arise between the Employer and the Union. The Employer and the Union encourage the highest possible degree of practi�al� friendly, cooperative relationships between their respective representatives at all levels._ The officials of the Employer and the Union realize that this goal depends primarily on cooperative attitudes between people in their respective organizations and at all levels of responsibility, and that proper attitudes must be based on full understanding of and regard for the respective rights and responsibilities of both the Employer and the Employees. There shall be no discrimination against any Employee by reason of race� color� creed, sex, or Union membership. The Employer and the Union aff.irm their 3oint opposition to any discriminatory practices in connection with employment, promotion� or training, remembering that the public interest remains in full utilization of Employees skill and ability without regard to consideration of race, color� creed, national origin, age or sex. - 1 - ARTICLE I - RECOGNITION 1.1 The Employer recognizes the Union as the sole and exclusive collective � bargaining agency for all Employees that have been certified by the , State of Minnesota, Case No. 82-PR-597-A� as follows: All employees of the Saint Paul Civic Center Authority, Saint Paul, Minnesota� in the classifications of Assistant Stage Technician, Grip, Head Flyman, Lamp Operator, Propertyman, Stage Carpenter, Stage Technician, and Stage Electrician� 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 year� excluding supervisory and confidential employees. 1.2 The Employer agrees not to enter into any contractually binding agreements with any Employee or representative not suthorized to act on behalf of the Union. There shall be no individual agreements with any Employees that conflict with the terms of this Agreement� and any such agreement or contract shall be null and void. - 2 - . �ya,,��� ARTICLE II - UNION RIGHTS � 2.1 The Union may designate employees from within the bargaining unit to act as Stewards and shall inform the Employer in writing of such designations. Such Employees shall have the rights and responsibilities as designated in Article IX (GRIEVANCE PROCEDURE) . There shall be no more than one Steward from each local involved in any one specific grievance. 2.2 There shall be no deduction of pay from Stewards when directly involved in meetings with management during working hours for grievance procedures. 3.3 Designated Union Representatives shall be permitted to visit Employees on job sites and at department buildings during working time. - 3 - ' ARTICLE III - PAYROLL DEDUCTIONS 3.1 The Employer shall� upon request of any regularly appointed Employee in ' the unit, deduct such sum as the Union may specify for the purpose of initiation fees and dues to the Union� providing the Union uses its best efforts to assess such deductions in as nearly uniform and standard amounts as is possible. The Employer shall remit monthly such deduction to the appropriate designated Union. , 3.2 In accordance with M.S.A. 179.65� Subd. 2, the Employer agrees that upon notification by the Union� the Employer shall deduct a fair share fee from all regularly appointed Employees who are not members of the exclusive representative. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. 3.3 T'he U'nion will indemnify� defend and hold the Employer harmless against any claims made and against any suits instituted against the Employer� its officers or employees, by reason of negligence of the Union in requesting or receiving deductions under this Article. The Employer will indemnify, defend and hold the Union harmless 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. - 4 - - �;�ya-��G � ARTICLF, IV - MANAGEMENT RIGHTS ' 4.1 The Union recognizes the right of the Employer to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate suthorities. The rights and suthorit�,y which � the Employer has not officially abridged, delegated� or modified by this Agreement are retained by the Employer. { f 4.2 A public Employer is not required to meet and negotiate on matt�rs of inherent managerial policy� which include but are not limited t¢� such � areas of discretion of policy as the functions and programs of �he Employer, its overall budget� utilization of technology, and organizational structure and selection and direction and number,of personnel. � I I f I . ; i - 5 - ARTICLE V - SAFETY 5.1 Accident and inj ury free operations shall be the goal of all Employers � and Employees. To this end the Employer and Employee will� to the best of their ability abide by� and live up to the requirements of the several State and Federal Safety Codes and Regulations. 5.2 To this end the Employer shall from time to time issue rules or notices to his Employees regarding on the job safety requirements. Any Employee violating such rules or notices shall be subject to disciplinary action. - 6 - . . �Jr 9o-�a� 9 ARTICLE VI - DISCIPLINE PROCEDURES � 6.1 The Employer will discipline Employees for �ust cause only. Discipline may be in any of the following forms: a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge. 6.2 Suspensions� reductions and discharges will be in written form. 6.3 � notice in writing of suspensions� reductions and discharges shall be sent to the Employee and the Union within seventy-two (72) hours after such action is taken. 6.4 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period� the Employee and/or Union may request, and shall be entitled 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 discharge in accordance with Civil Service Rules or may modify� or withdraw same. 6.5 Grievance relating to this Article shall be processed in accordance with the grievance procedure under Article IX. 6.6 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible� but in no event later than one•half hour before the beginning of such work day.. 6.7 Failure to .make such notification may be grounds for discipline. - 7 - ARTICLE VII - HOURS 7.1 When an employee is called to work he/she shall receive two hours' pay if • not put to work. If he/she is called to work and commences work� he/she shall be guaranteed four hours' pay. These provisions, however� shall not be effective when work is unable to proceed because of adverse weather conditions; nor shall these provisions apply to any person whose regularly scheduled workday is less than four hours. 7.2 Hours actually worked by employees in the titles listed above between 12:00 midnight and 8:00 a.m. shall be compensated at the rate of two times the regular hourly rate. . 7.3 The performance rate shall apply for all performances lasting up to three (3) hours. If a performance exceeds three (3) hours� the time worked in excess of three (3) hours shall be compensated at a hourly rate of one•third (1/3) the performance rate. It is understood that all of the performance crew will report one-half (1/2) hour before the scheduled performance time. It is further understood that the one-half (1/2) hour prior to the scheduled performance time shall not be it�cluded in the three (3) hour performance time and there shall be no additional compensation for such half hour. 7.4 The truck rate shall apply for all truck loading/unloading up to three (3) hours. If the loading/unloading of a truck exceeds three (3) hours� �. the time worked in excess of three (3) hours shall be compensated at a hourly rate of or►e-third (1/3) the tr�ack rate. 7.5 A �eal break shall be granted no later than after 5 hours of consecutive work. If a meal break is not granted� all time worked after the Sth hour and until a meal break is granted shall be paid at time and one-half of the regular rate of pay. - 8 - - � ��90���9 ARTICLE VIII - INSURANCE 8.1 The ins�r�nce plans, premiums for coverages and benefits contained in the insurance plans offered by the Employer shall be solely controlled by the contracts negotiated by the Employer and the benefit providers. The Employer 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. 8.2 Effective on the first day of the first month following the effective date of the resolution approving this Agreement� for each eligible employee covered by this Agreement who is employed full-time and who selects employee insurance coverage, the Employer agrees to contribute the cost of such coverage or $113.00 per month, whichever is less. For each full�time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $225.00 per raonth� whichever is less. Effective for January� 1991 for each eligible employee� covered by this Agreement who is employed full-time and who selects employee insurance coverage� the Employer agrees to contribute the 1991 cost of the least expensive employee health insurance coverage provided by the Employer. For each full-time eligible employee who selects family insurance coverage the Employer will contribute the cost of such family coverage or $250.00 per month, whichever is less. Effective for January, 1992 for each eligible employee covered by this Agreement who is employed full-time and who selects employee insurance coverage� the Employer agrees to contribute the 1992 cost of the least - 9 - ARTIC�.E VIII - INSURANCE (continued) � expensfve employee insurance coverage provided by the Employer. � Effective for January� 1992 the Employer's contribution toward family insurance coverage shown above for 1991 shall be adjusted to reflect an increase of fifty percent (508) of the largest 1992 premium increase for family health insurance coverage provided by the Employer or $20.00 whichever is less. 8.3 Far the purpose of this Article 8� full-time employment is defined as appearing on the payroll at least 32 hours per week or at least 64 hours per pay period excluding overtime hours. , 8.4 For each eligible Employee the Employer agrees to contribute the cost of $5�000 of life insurance coverage. 8.5 Full-time eligible employees who meet all the conditions in Article 8.6 below and who retire prior to their reaching sixty-five (65) years of age 4ad wr.o select single coverage under a hospital-medical insurance plan offered by the Employer for such retirees� the Employer agrees to contribute the cost of such coverage or $70.00 per month� whichever is less. For such retires who select family coverage the Employer agrees to contribute the cost of such family coverage or $180.00 per month� whichever is less. 8.6 Eligible employess who retire must meet the following conditions at the time of retirement to be eligible for the City contributions to health insurance set forth in Article 8.5. 8.6.1 Be receiving benefits from a public employee retiree act at the time of retirement. AND 8.6.2 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. AND 8.6.3 Must have completed at least twenty-five (25) years of employment with the City of Saint Paul. - 10 - . ���o��°��9 ARTICI.r VIII - INSURANCE (continued) " 8.7 For eligible employees who retire at the age of 65 or older and who have completed at least twenty-five (25) years of service with the City at the time of their retirement, the Employer will provide health insurance contributions toward Employee health insurance plans as are provided by the Employer for retirees 65 years of age or older as approved by City Council Resolution. For such Employees or early retirees who have not completed at least twenty-five (25) years of service with the City at the time of their retirement� the Employer will discontinue providing any health insurance contributions upon their retirement. For the purpose of this Article, only the spouse and the dependents of record at the time of retirement shall be eligible for any insurance coverage. 8.8 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 health insurance program. 8.9 The contributions indicated in this Article 8 shall be paid to the Employer's Third Party Administrator. ' 8.10 Any cost of any premium for any City-offered Employee or family insurance coverage in excess of the. dollar amounts stated in this Article 8 shall be paid by the Employee. 8.11 This Article 8 shall apply only to full-time regularly appointed employees. � . - 11 - � ARTICLE IX - EMPIAYEE RIGHTS - GRIEVANCE PROCEDURE 9.1 The Employer shall recognize stewards selected in accordance with Union - rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the names of the stewards and of their successors when so named. 9.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during working hours only when consistent with such Employee duties and responsibilities. The steward involved and a grieving Employee shall suffer no loss in pay when a grievance is processed duxing working hours, provided the steward and the Employee 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 the work programs of the Employer. 9.3 The procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 9.4 Grievances shall be resolved in conformance with the following procedure: Ste 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 in�ormal discussion it may be reduced to writing and referred 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 - 12 - � . C��-yo-i��9 ARTICLE IX '- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or with the use of reasonable diligence should have had knowledge of the first occurrenc•e of the event giving rise to the grievance� shall be considered waived. Stev 2• Within seven (7) calendar days after receiving the written grievance a designated Employer supervisor shall meet with the Union Steward 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) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following rec�ipt of the Employer•s answer shall be considered waived. te 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 concerning 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 - 13 - ARTICLE IX - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) 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) calendar 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 arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) day period, either party may request the Public Employment Relation Board 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 panel. The Union shall strike the first (lst) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 9.5 The Arbitrator shall have no right to amend� modify, nullify� ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider snd decide only the specific issue submitted in writing by the Employer and the Union and shall have no suthority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the applications of laws� rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later� unless the parties agree to an extension. The - 14 - . �,a ,,��� ARTICLE IX - EMPLOYEE RIGHTS • GRIEVANCE PROCEDURE (continued) ° deci�ion shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union� and the Employees. 9.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union� provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings� it may cause� such a record to be made� providing it pays . for the record. 9.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. 9.8 It is understood by the Union aad the Employer 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 shall 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 arbitration under this grievance procedure. - 15 - ARTICLE X - SICK LEAVE 10.1 Sick leave credits shall be earned� accrued and used ia accordance with - the Saint Paul Civil Service Rules. IJ.2 This Article X applies only to full-time regularly appointed employees. - 16 - . � �yo,,�� � ARTICLE XI - VACATIONS - 11.1 Vacation credits shall accumulate at the rates shown below for each full hour on the payroll, excluding overtime. Years of Service Hours of Vacation lst year thru Sth year .0385 (10 days) 6th year thru 15th year .0577 (15 days) 16th year thru 25th year .0808 (21 days) 26th year and thereafter .0847 (22 days) 11.2 The head of the department may permit an Employee to carry over one hundred and twenty (120) hours of vacation into the following "vacation year". For the purpose of this article the "vacation year" shall be the fiscal year (IRS payroll reporting year). . 11.3 The above provisions of vacation shall be sub�ect to the Saint Paul Salary Plan and Rates of Compensation� Section I (one) � Subsection H. 11.4 If an Employee has an accumulation of sick leave credits in excess of one hundred and eighty days� he may convert any part of such excess at the rate of two (2) days of sick leave for one (1) day of • vacation up to a maximum of five (5) days of vacation. No employee may convert more than ten (10) days of sick leave in each fiscal year under this provision. Such conversion must be approved by the Department Head. . 11.5 This Article 11 shall apply only to full-time regularly appointed employees covered by this Agreement. - 17 _ . ARTICLE XII - HOLIDAYS � 12.1 The following twelve .(12) days shall be designated as holidays: _ New Year's Day� January 1 Martin Luther King Day� third Monday in January (effective 1986) Presidents• Day, third Monday in February Memorial Day, last Monday in May � Independence Day� July 4 Labor Day, first Monday in September Columbus Day, second Monday in October Veterans' Day, November 11 Thanksgiving Day� fourth Thursday in November Christmas Day, December 25 Two floating holidays Eligible Employees shall receive pay for each of the holidays listed above, on which they perform no work. When New Year's Day� Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday� the preceding Friday shall be considered the designated holiday. 12.2 The floating holidays set forth in Section 13.1 above may be taken at any time during the fiscal year� sub�ect to the approval of the Department Head of any Employee. 12.3 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 worki�g days Freceding the holiday; or an Employee's name must appear on the payroll 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 tPmnorarv nor other Employees not heretofore eligible shall receive holiday pay. - 18 - . � �� �a-i�� y ARTICI.E XII - HOLIDAYS (co.ntinued) - 12.4 The ten (10) holidays shall be considered non-work days. 12.5 If� in the judgment of the Employer� personnel are necessary for operating or emergency reasons, Employees may be scheduled or "called back" in accordance with Article 7.3 (Call-in-Pay) . 12.6 If an Employee entitled to a holiday is required to work on Martin Luther King Day (effective 1986), President's Day� Christopher Columbus Day� or Veterans' Day� he shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department permits� or he shall be paid on a straight time basis for such hours worked, in addition to his regular holiday pay. If an Employee entitled to a holiday is required to work on New Year's Day� Memorial Day� Independence Day, Thanksgiving Day or Christmas Day� he shall be recompensed for work done on this day 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 hours worked, in addition to his regular holiday pay. Eligibility for Holiday pay shall be determined in accordance with Section I, Subsection I of the Saint Paul Salary Plan and Rate of Compensation. 12.7 Notwithstanding Article 12.1, the Employer may at anytime during the life of this Agreement designate the Day after Thanksgiving as a paid holiday. In the svent of such designation� the Columbus'Day holiday shall be deleted from the paid holidays list as set forth in Article 12.1. 12.8 This Article 12 shall apply only to full-time regularly appointed employees in accordance with the Civil Service Rules. - 19 - ARTICLE XIII - SEVERANCE PAY 13.1 The Employer shall provide a severance pay program as set forth - in this Article. 13.2 To be eligible for the severance pay program� an Employee must meet the following requirements: 13.2.1 The Employee must be voluntarily separated from City employment or have been sub3ect to separation by layoff or compulsory retirement. Those Employees who are discharged for cause� misconduct, inefficiency� incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 13.2.2 The Employee must file a waiver of reemployment with the Personnel Director� which will clearly indicate that by requesting severance pay, the Employee waives all claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 13.2.3 The Employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of his separation from service. 13.3 If an Employee requests severance pay and if the Employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an aatount egual to one-half of the daily rate of pay for the position held by the Employee on the date of separation for each day esf accrued sick leave subject to a maximum as shown - 2 0 - . �?,�qo-��G 9 ARTICI.E XIII - SEVERANCE PAY (continued) � below based on the number of years of service in the City. Years of Service with the City Maximum Severance Pav At Least 20 $4�000 � 21 4�600 22 5,200 23 5�800 24 6,400 25 7,000 13.4 For the purpose of this severance program� a death of an Employee sha11 be considered as separation of employment� and if the Employee would have met all of the requirement set forth above� at the time of his or her death� payment of the severance pay shall be made to the Employee's estate or spouse. 13.5 For the purpose of this severance program� a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment� and such trar_sferee shall not be eligible for the City severance�program. 13.6 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 13.7 This severance pay program shall be subject to and governed by the provisfons of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this Article shall control. - 21 - - ARTICLE XIV - WAGES I4.Z The basic hourly wage rates as established by Appendix A shall be paid ' for all hours worked by temporary, provisional� probationary and regular employees. - 22 - � ���o- ��� � ARTICLE XV - SAVINGS CLAUSE � 15.1 This Agreement is subject to the laws of the United States� the State of Minnesota, and the City of Saint Paul. In the event any provision of this Agreement shall hold to be contrary to law by a court of competent �urisdiction 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. - 2 3 - � ARTICI.� XVI - JURISDICTION 16.1 Disputes concerning work �urisdiction between and among Unions is ' recognized as an appropriate subject for determination by the various Unions representing Employees of the Employer. 16.2 In the event of a dispute concerning the performance or assignment of work� the Unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer•s basic right to assign work. � 16.3 Any Employee refusing to perform work assigned by the Employer shall be subject to disciplinary action as provided in Article VI (DISCIPLINARY PROCEDURES). 16.4 There shall be no work stoppage� slow down� or any disruption of work resulting from a work assignment. 16.5 The subcontracting of work done by the Employees covered by this Agreement shall in all cases be made only to Employers who qualify in accordance with Ordinance No. 14013. - 2 4 - ARTICLE XVII - STRIKES� LOCKOUTS, WORK INTERFERENCE �` O'/�� / - 17.1 The Unions and the Employers agree that there shall be no �trikes� work -stoppages, slow-downs, sitdown, stay-in� or other concerted interference with the Employer's business or affairs by any of said Unions and/or the members thereof, and there shall be no bannering during the existence of this Agreement. - 2 5 - . �,�'Ia`'/�� 9 ARTICLE XVIII - TERMS OF AGREEMENT ' 18.1. Excapt 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 January 31� 1993� 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 1971 as amended. � 18.2 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 ratification by the Unions. WZTNESSES: INTERNATIONAL ASSOCIATION OF THEATRICAL CITY OF SAINT PAUL STAGE EMPLOYEES� LOCAL N0. 20 /_: � . B BY: �- -� elations Mana r Business Representative BY�.. . ��.�A � v . Person ' ector � l�9� � DATE gy: , DATE (° I � �� BY: 1 DAT � L d - 2 6 - , . ��J-/-��l ' . � 1 APPENDIX A ' � WAGES The rates of pay applicable to the titles covered by this Agreement shall be as shown below: Effective Effective Effective * 12-29-90 12-28-91 Grips � per hour: $12.89 $13.40 $13.94 a performance: 48.09 50.01 52.01 Head Flyman per hour: 14.28 14.85. 15.44 a performance: 53.50 55.64 57.86 Lamp Operator per hour: 14.28 14.85 . 15.44 a performance: 53.50 55.64 57.86 Propertyman per hour: 14.28 14.85 15.44 a performance: 53.50 55.64 57.86 Stage Carpenter per hour: 14.28 14.85 15.44 a performance: 53.50 55.64 57.86 Stage Electrician per hour: 14.28 14.85 15.44 a performance: 53.50 55.64 57.86 Rigger per hour: 25.78 26.80 27.88 a performance: 53.50 .55.64 57.86 Truck Loader/Unloader per truck: 34.73 36.11 37.56 (Trucks 24 feet or less in length) Truck Loader/Unloader per truck: 45.15 46.95 48.83 (Trucks in excess of 24 feet in length) Assistant Stage Technician per hour: 14.28 14.85 15.44 Stage Technician � Bi-weekly first 6 mos. : $1,241.22 $1�290.87 $1,342.50 Bi-weekly after 6 mos. : 1�275.83 1�326.86 1,379.94 *Effective the first day of the first payroll period following the effective date �of the �esolution approving this Agreement. The above rates represent a four percent (4$) increase over the respective previous rate. • Al - .