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89-486 WNITE - C�TV CIERK PINK - FINANCE COIIflCIl BLUERV - MAYORTMENT GITY O I AINT PAUL File NO• �� Counc l esolution � 0 _� Presented By �ferred To `' ' � Committee: Date `� �� ' � Out of Committee By Date RESOLVED, that the Council of the it of Saint Paul hereby approves and ratifies the attached agreement be we n the City of Saint Paul and the City Attorney' s Professional Assoc at on. . COUNCIL MEMBERS Yeas Nays s e y t of: Dimond OFFICE OF PERSON AND LABOR RELATIONS Lo� In Fa or Goswitz Rettman Scheibel � A gai n t BY �''°'� Sonnen �3Glsoa �'IAY - 9 Form pproved y Attorney Adopted by Council: Date Certified Yass b ouncil Se tary BY , gy. �_ MAY 1 0 t �� Approve Mayor for Sub s ' to Council Appro y iVlavor: t _ By PUBItSHD M AY 2 � 89 . . �F�'f-�� DEPARTMENTlOFFICFJOOUNdL DATE IN TE Personnel & Labor Relations 03- 3- 9 GREEN SHEET �26 OONTACT PERSON d PIiONE ��A� �DEPARTMENT DIF�C'TOR � ❑ James Lombardi 292-7301 �� OcRVnrroArier �qTYCLEpK MUBT BE ON OOUNqL AOENDA BY(DAT� ROUTI �BUDOET DIRECTOR ❑I��OD� R. ��AIIYOR(OR A8818TAMT) � TOTAL#�OF SIONATURE PA�8 1 (CLIP A L L ATIONS FOR SIGNATURE� �� ACTION RC-0UESTED: This resolution approves the attached 3- ear contract between the City and the City Attorney's Professional Association. Th contract period is January 1 , 1989 through December 31 , 1991 . REO�AMENDATIONS:Approvs p�a Reject(Rl COUNCI CO REPORT OPTIONAL _PLANNINQ COMMISSION _qVll SERVICE COMM18810N ��YBT PHONE NO. _pB COMMIITEE _ -8TAFF _ COMME . _DISTRICT COURT - p „/ SUPPORTS WHlqi OOUNpLOBJECTIVE9 I�ECEI�Ed INfMTINO PROBLEM.ISSUE.OPPORTUNITY(Who,Whet.When.Whsro�Why): See Attachment �kl I�A��OR'S O�FFICE ADVANTA(�ES IF APPROVED: See Attachment �k2 DISADVANTAOES IF APPROVED: None (� ��..-,r S !��r^-,-,,-,,.q.y ��:�i v r �',1t�`,R v �;�:�� DISADVAHT/U�ES IF NOT APPROVED: This is a signed agreement reached th ou h the process of collective bargaining in accordance with State Law. If not ap ro ed, negotiations would have to begin again and it is very likely that the City a d he City Attorney's Professional Association would end up in binding arbitration. It is also likely that the arbitrator would award at least what was initially agr ed upon. �TOTAL AMOUNT OF TRANSACTION S� 144 �Tn�v�u�suoo�r�c�a�cx�oN� YES NO FUNDING SOURCE v a r i ou s ACTIVITY NUM9ER v a r i ou s FlNANCIAL INFORMATION:(D�WI� See Attachment �k1 ��F�'9- y�6 Attachmen t Green Sheet #1 1. Number of employees affected by th contract: 27 2. 1988 payroll: $1,071,252 3. Costs for 1989 include: $30,53 .85� salary increase 10,71 $ lump sum payment 9 90 afeteria plan start up $51,14 otal package increase 4. 1989 payroll: $1,101,783 5. 1990 and 1991 increases in payr 'll and insurance costs will be based upon any increases received by e Professional Employees Association. The above figures represent a 2.'85 increase in the 1988 base rate for the positions in the classifica io s covered by this bargaining unit. In addition, employees in the a or entioned classifications will receive on or about March 31, 1 89 1$ lump swn payment based upon their 1988 gross wages. Furthermore, such employees wil b eligible for the City's Cafeteria Plan on or about April 1, 1989. P 'or to that date such employees received employer health insura e ontributions of $75.00 per month for single coverage and $185.00 per o h for family coverage. After initiation of the Cafeteria Pla al employees will receive $190.00 per month to be used for life , heal h nd optional insurance coverages. The 2.85$ salary increase is re oa tive to December 31, 1988 and applies only to employees who we' e n the payroll as of February 22, 1989. The 1� lump sum payment so only applies to employees who were on the payroll as of February 22, 1 89. ' Gf�- fq-y ��r Attachment to Green Sheet #2 City Attorney's ro essional Association Cont ac Summary I. Duration This is a three year contract co er ng 1989, 1990 and 1991. II. Severance Pav New eligibility requirements forlse erance pay were added. Instead of an employee being required to ha e t least 60 days of sick leave accrued at the time of separatio , n employee must have at least 80 days. The maximum amount of sev ra ce pay was changed from $6,500 to $7,000. A new sliding scale was �in roduced. A minimum of $4,000 would be paid out with 20 years servic u to a maximum of $7,000 paid out with 25 years of service. III. Administrative Service Fee The service fee charged by the C ty to members of the Association was increased from $.25 to $1.00 per �pe son per month. IV. Parental Leave Added was language allowing pare ta leave for the birth or adoption of a child in accordance with State La . V. Wages Effective December 31, 1988 all al ry rates were increased by 2.85�. In addition to the salary rate i cr ase, employees will receive 1$ of their 1988 gross earnings as a 1 p sum payment. Such will be paid by March 31, 1989 or as soon therea te as possible. Only employees who were on the payroll as of Februa y 2, 1989 are eligible for any retroactive pay adjustments or 1 p sum payments. Effective December 30, 1989 and ff ctive December 29, 1990 all salary rates will be adjusted the same s e wage adjustments agreed upon by the City and the Professional Em lo ees Association. ` ��'&`9- �/ �(o City Attorney's Prof. Assoc. -C nt act Summary Page Two VI. Insurance A. The City's health insuranc ' c ntributions for active employees will remain at the current leve s f $75 for single and $185 for family coverage through April 1, 98 . B. The City's health insuranc c ntributions for early retirees will remain $106.32 for single nd $284.12 for family coverage through 1989. C, This contract establishes li ibility requirements for the Medicare supplement insurance offer �d o retirees at the age of 65. This benefit will not be availa le in the future to retirees with less than 10 years of service. ' D. Language allowing for the mp ementation on or about April 1, 1989 of a Cafeteria Plan was ad ed The employer's contribution would be $190 per employee per mont . E. In 1990 and 1991 the emplo er s contributions for insurance shall be adjusted based upon adjust en s agreed upon by the City and the Professional Employees Ass ci tion (PEA) . Any additional health or dental options that become 'av ilable through collective bargaining with PEA shall also become av ilable to employees covered by this agreement. . . ...... . . .__.._ .......:. .. . . . .. . _ . . . ... ... . . . . .. ... . .. . ..._._.. . . . .... .. ...,-. .._...:��_--_._._._....��::� . . /+�-��`"-�� (A ��_ �..fi�� ; GITY OF + INT PAUL - � • .. � � + . :�`uta ,,as6;l:L f� . OI+�FICE OF A CITY COIINCIL Commi e Report Finance Mana emen Personnel Committee MAY , " 989 1. Approval of minutes of April 17 me ti g. Approved 2. Discussion of Capitai Atlocation P li y financing Laid over for further changes. (Laid over April 17) discussion May 8 3. Discussion of 1990 Budget Goals an P licies. Laid over for further (Laid over April 17) discussion May 8 � 4. Resolution 89-694 - establishing f es for applica- Approved as amended tions for modifications of parking re uirements . pursuant to Sections 409.08( 11) (e) ,an 410.04t9) (5) of the Legislative Code. {Referre f om Council April 20) 5. Resolution 89-591 - amending Secti n .A of the Civil Appproved Service Rules pertaining to appoin me t of employees when titles are merged. (Referred fr m Council April 6) 6. Resolution 89-486 - approving and at fying 1989-1991 Approved agreement between the City of St. au and the City Attorney's Professionai Associatio . (Referred from Councii April 11) 7. Resolution 89-92 - amending the Tu ti n Reimbursement Withdrawn Policy in Section III , H in the Sa ar Plan and Rates of Compensation Resolution. (Refe re from Council January 19, laid over April 3) (To be withdrawn upon recommendation by Administration.) CTTY HALL SEV T FLOOR SAINT PAUL, MINNESOTA 55102 s 4a . , _ ��-�� 19 - 1991 COLLECTIVE B G NING AGREEMENT - et en - THE CI 0 SAINT PAUL a d - THE CITY ATTORNEYS PR FESSIONAL ASSOCIATION �� . , NDEX T�R ICLE ITLE gAGE Preamble iii I Recognition 1 II Severance Pay 2 III Management Right ' 6 IV Residence � V Check Off and Se i e Fee 8 pI Maternity Leave 10 VII Discipline 11 VIII Strikes, Lockout , ork Interference 12 IX Grievance Proced re 13 x Wages 18 XI Saving Clause 19 XII Insurance 20 XIII Vacation 25 XIV Holidays 26 XV Leaves of Absenc 27 XVI Non-Discriminati n 28 }NII Duration and Eff ct ve Date 29 Appendix A A1 . - ii - , ��9-�� LE � This AGREEMENT entered into betwee t City of Saint Paul, hereinafter referred to as either the "EMPIAYER" or 'th "CITY" � and the City Attorneys i Professional Association, hereinafter r fe red to as "C.A.P.A." or the "ASSOCIATION" , for the purpose of foste in and promoting harmonious relations between the CITY and the ASSOCIATION in or er that a high level of public service can be provided to the citizens of the CITY. This AGREEMENT attempts to accompl sh this purpose by providing a fuller and more complete understanding on the ar of both the CITY and the ASSOCIATION of their respective rights nd responsibilities. The provisions of this AGREEMENT al not abrogate the rights and/or duties of the EMPIAYER, the ASSOCIATIO , the employees as established under the provisions of the Public Employee b r Relations Act of 1971, as amended. ; - ii - ' �jc�'f` �O (D ARTICLE I - RECOGNITION 1.1 The CITY recognizes C.A.P.A. as the exclusive representative for the City Attorneys Professional Association, as certified by the State of Minnesota Bureau of Mediation Services, dated September 20, 1979, Case No. 75-PR-764-A. This unit above consists of the following: Attorney I Attorney VII Attorney II Attorney VIII Attorney III Law Clerk Attorney IV Legal Assistant I Attorney V Legal Assistant II Attorney VI Legal Assistant III 1.2 Employees employed in the above class titles and assigned to confidential and/or supervisory positions are not included in this Agreement. - 1 - . . �� ARTICLE II - SEVERANCE PAY 2.1 The employer shall provide a s ve ance pay program as set forth in this Article. 2.2 To be eligible for the severan e ay program, an employee must meet the following requirements: 2.2.1 The employee must be 58 ye rs of age or older or must be eligible for pension u de the "rule of 90" provisions of the Public Employees Retir me t Association (PERA) . The "rule of 85" or the "rule of 90" cr te ia shall also apply to employees covered by a public pe si n plan other than PERA. 2.2,2 The employee must be v lu tarily separated from City employment or have been subject t s paration by layoff or compulsory retirement. Those emp oy es who are discharged for cause, misconduct, inefficien y, incompetency, or any other disciplinary reason are not eligibl f r the City severance pay program. 2.2.3 The employee must have at least ten (10) years of consecutive service under the clas if ed or unclassified Civil Service at the time of separation or the purpose of this Article, employ- ment in either the Cit o in the Independent School District No. 625 may be used in 'me ting this ten (10) year service requirement. 2.2.4 The employee must file ,a aiver of reemployment with the Director of Personnel, wh ch will clearly indicate that by requesting severance p y� the employee waives all claims to reinstatement or reemp o ent (of any type) , with the City or with Independent Sc oo District No. 625. 2.2.5 The employee must have ac umulated a minimum of sixty (60) days of sick leave cre it at the time of his separation from service. 2.3 If an employee requests sever nc pay and if the employee meets the eligibility requirements set or h above� he or she will be granted severance pay in an amount eq 1 to one-half of the daily rate of pay for the position held by he employee on the date of separation for each day of accrued sick ea e sub,ject to a maximum of $6,500. 2.4 The provisions of this Articl I shall apply only to employees retiring on or after December 30, 1985 ��y�� - ARTICLE II - SEVERANCE PAY (continued) . 2.5 For the Purpose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met all of the requirements set forth above� at the time of his or her death, payment of the severance pay will be made to the employee's estate or spouse. 2.6 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 transferee shall not be eligible for the City severance program. 2.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 2.8 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 article conflict with said ordinance and in such cases, the provisions of this article shall control. 2.9 The provisions of this article shall be effective as of December 24, 1983. 2.10 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 bar to receiving severance pay from the other. Any employee hired after December 31, 1983 shall only be entitled to the benefits of this article upon meeting the qualifications herein. - 3 - � � d�-�- �� ARTICLE II - SEVERANCE PAY (continued) �.11 For employees hired by the C y f Saint Paul and appointed to titles covered by this Agreement on r fter October 29, 1988� the Employer shall provide only the severance p ogram as set forth in 2.12 through 2.17. . �$.1� To be eligible for the sever nc pay program, an employee must meet the following requirements: 2.12.1 The employee must be '�vo untarily separated from City employaient or have been subject to separation by layoff or compulsory retirement. Those e pl yees who are discharged for cause, misconduct, ineffici nc , incompetency, or any other disciplinary reason are not eligi le for the City severance pay program. 2.12.2 The employee must fi e waiver of reemployment with the Personnel Director� hi h will clearly indicate that by requesting severance pa � the employee waives all claims to reinstatement or ree pl yment (of any type) , with the City or with Independent Sch ol District No. 625. 2.12.3 The employee must ha e n accumulated balance of at least eighty (80) days of sick le ve credits at the time of his separation from service. � 2.18 If an employee requests seve an e pay and if the employee meets the eligibility requirements set'fo th above� he or she will be granted severance pay in an amount e ua to one-half of the daily rate of pay for the position held by the em loyee on the date of separation for each day of accrued sick lea e ubject to a maximum as shown below based on the number of years of service in the City. ear o erv e with t e it Maximum Severance PaY �it Least 20 $4,000 21 4�600 22 5,200 23 5,800 2[, 6�400 25 7,000 - 4 - . ��-�� ARTICLE II - SEVERANCE PAY (continued) � �'#.14► For the purpose of this severance program, a death of an employee shall be considered as separation of employment� and if the employee would have met all of the requirements 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. ?.154 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 transferee shall not be eligible for the City severance program. 2.16eThe manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 2.1� 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 article conflict with said ordinance and in such cases� the provisions of this article shall control. 2.i8+ Notwithstanding Article 2.11, employees appointed to a title covered by this Agreement prior to October 29, 1988, who meet the qualifications as defined in Articles 2.12 through 2.13, may elect to draw severance pay . under the provisions set forth in Articles 2.13 through 2.17. However, an election by an employee to draw severance pay under Articles 2.13 through 2.17 shall constitute a bar to drawing severance pay under any other provisions set forth in this Article 2. - 5 - � � ��-�� ARTICLE III - MANAGEMENT RIGHTS 3.1 The ASSOCIATION recognizes the ig t of the EMPIAYER to operate and manage its affairs in all respe ts 'in accordance with applicable laws and regulations of appropriate auth ri ies. The rights and authority which the EMPLOYER has not officially �'ab idged, delegated, or modified by this AGREEMENT are retained by the P YER. 3.2 A public employer is not requir d o meet and negotiate on matters of inherent managerial policy, whi h nclude, but are not limited to, such areas of discretion or policy a t e functions and programs of the EMPLOYER, its overall budget, u il zation of technology, and organizational structure and se ec ion and direction and number of personnel. - 6 - � � �� ' ARTICLE V - CHECK OFF AND SERVICE FE 5.1 The EMPIAYER agrees to deduct the AS OCIATION membership initiation fee assessments and once each month es from the pay of those employees who individually request in writing at such deductions be made. The amounts to be deducted shall be rt fied to the EMPLAYER by a represent- ative of the ASSOCIATION and the g egate deductions of all employees shall be remitted together with i emized statement to the representative by the first of t s cceeding month after such deductions are made or as soon thereafter a is possible. 5.2 Any present or future employee w i not an ASSOCIATION member shall be required to contribute a fair sh re ee for services rendered by the ASSOCIATION. Upon notification e ASSOCIATION, the EMPIAYER shall check off said fee from the earn gs of the employee and transmit the same to the ASSOCIATION. In no ' s nce shall the required contribution exceed a pro rata share of the s ec' ic expenses incurred for services rendered by the representative i r lationship to negotiations and administration of grievance proc du s. It is also unde�stood that in the event the CITY shall make an im roper fair share deduction from the earnings of an employee, the ASS CI ION shall be obligated to make the CITY whole to the extent that th C shall be required to reimburse such employee for any amount imp op rly withheld. This provision shall remain operative only so long as �sp cifically provided by Minnesota law, and as otherwise legal. 8 - . . �� ARTICLE V - CHECK OFF AND SERVICE FEE (continued) . 5.3 The ASSOCIATION agrees to indemnify and hold the EMPIAYER harmless against any and all claims, suits� order or 3udgments brought or issued against the CITY as a result of any action taken or not taken by the CITY under the provisions of this Article. 5.4 The ASSOCIATION agrees that a service fee of�one dollar ($1.t�0� per member, per month shall be deducted by the City of Saint Paul from the amount withheld for dues or fairshare prior to remittance of dues or fairshare to the ASSOCIATION. - 9 - . � � ��--�� ARTICLE VI - MATERNITY LEAVE 6.1 Maternity/parental leave. Maternit i defined as the physical state of pregnancy on an employee� commencin' e ght (8) months before the estimated date of childbirth, as determined by a p ys cian, and ending six (6) months after the date of such birth. In the eve t f an employee's pregnancy, the employee may apply for leave without pay at ny time during the period stated above and the Employer may approve such leave, at its option, and such leave may be no longer than one (1) year. '��rtntal le ve shall be granted to employees for the k birth or the adoption of a child in ac ordance �►ith applicable State Law! - 10 - � �y�� . ARTICLE VII - DISCIPLINE 7.1 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period the employee and/or ASSOCIATION may zequest, and shall be entitled to a meeting with the EMPLOYER representative who initiated the suspension with intent to discharge. During the five (5) day period, the EMPIAYER may affirm the suspension and discharge in accordance with Civil Service Rules or may modify, or withdraw same. - 11 - . � � �-�_�� ARTICLE VIII - STRIKES, IACKOUTS, WO I TERFERENCE g.l The ASSOCIATION and the EMPLAYER ag ee that there shall be no strikes, __ work stoppages, slow-downs� sitd wn stay-in, or other concerted interference with the EMPLAYER'S bu iness or affairs by said ASSOCIATION and/or members thereof, and ther s all be no bannering during the existence of this AGREEMENT with ut first using all possible means of peaceful settlement of any contr ve sy which may arise. Employees engaging in same shall be liablejfo disciplinary action. - 12 - ' '�� . ARTICLE IX - GRIEVANCE PROCEDURE ' 9.1 A grievance is defined as a dispute or disagreement as to the interpret- ation or application of the specific terms and conditions of this AGREEMENT. 9.2 The EMPLOYER will recognize representatives designated by the ASSOCIATION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The ASSOCIATION shall notify the EMPIAYER ir► writing of the names of such Association Representatives and of their successors when designated. The EMPLOYER shall notify the ASSOCIATION in writing as to its designated representatives. 9.3 It is recognized and accepted by the ASSOCIATION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours when consistent with such employee duties and responsibilities. The aggrieved employee and an Association Representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the employee and Association Representative have notified and received the approval of designated supervisor and provided that such absence is reasonable and would not be detrimental to the work programs of the EMPIAYER. It is understood that the EMPLOYER shall not use the above limitation to hamper the processing of grievances. - 13 - . � � ��y�-�� ARTICLE IX - GRIEVANCE PROCEDURE (conti e ) 9.4 Grievances, as defined by Section .1� shall be resolved in conformance with the following procedure: te 1. An employee claiming a v ol tion concerning the interpretation or application of this A E ENT shall, within twenty-one (21) calendar days after such I 11 ged violation has occurred, present such grievance t t employee's supervisor as designated by the EMPIAY . The Employer-designated representative will disc ss nd give an answer to such Step 1 grievance within ten (10) c endar days after receipt. A grievance not resolved i S p 1 and appealed to Step 2 shall be placed in writing set in forth the nature of the grievance, the facts on which it is as d, the provision or provisions of the AGREEMENT allegedly iol ted, the remedy requested, and shall be appealed to Ste ' 2 y the ASSOCIATION within fifteen (15) calendar days after he Employer-designated representative's final answer in Step 1. n grievance not appealed in writing to Step 2 by the ASSOCIATIO wi hin fifteen (15) calendar days shall be considered waived. Step 2. If appealed� the written ri vance shall be presented by the ASSOCIATION and discusse wi h the Employer-designated Step 2 representative. The Empl er designated representative shall give the Association Emp ye 's Step 2 answer in writing within ten (10) calendar days f lo ing the Employer-designated representative's final S � p answer. Any grievance not 14 - � . .C�J ��`��.� . Li7 '7 ARTICLE IX - GRIEVANCE PROCEDURE (continued) appealed in writing to Step 3 by the ASSOCIATION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Association and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the ASSOCIATION the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A � grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the ASSOCIATION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the ASSOCIATION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971� as amended. If a mutually acceptable arbitrator cannot be agreed upon, the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. te 5. The arbitrator shall have no right to emend� modify� nullify, ignore the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the ASSOCIATION� and - 15 - , �� ARTICLE IX - GRIEVANCE PROCEDURE co tinued) shall have no authori y o make a decision on any other issue not so submitted. Th a bitrator shall be without power to make decisions contra o, or inconsistent with, or modifying or varying in any way th application of laws, rules, or regulations having th f rce and effect of law. The arbitrator's decision,sh 11 be submitted in writing, copies to both parties and the ur au of Mediation Service within thirty (30) days following t e lose of the hearing or the submission of briefs by the part es whichever be later� unless the parties agree to an e te sion. The decision shall be binding on both the EMPIAYER nd the ASSOCIATION and shall be based solely on the arbitra or s interpretation or application of the express terms of this AG EEMENT and to the facts of the grievance presented. 9.5 The fees and expenses for the bi rator's services and proceedings shall be borne equally by the EMPIA a d the ASSOCIATION provided that each party shall be responsible for o ensating its own representatives and witnesses. If either party de ire a verbatim record of the proceedings, it may cause such a record to de� providing it pays for the record. If both parties desire a verba im ecord of the proceedings the cost shall be shared equally. - 16 - � �� ARTICLE IX - GRIEVANCE PROCEDURE (continued) ' 9.6 If a grievance is not presented within the time limits set forth above, � it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPIAYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the ASSOCIATION may elect to treat the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPIAYER and the ASSOCIATION in each step. 9.7 It is understood by the ASSOCIATION and 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 provision of the Civil Service Rules it shall not again be submitted for arbitration under this grievance procedure. . - 17 - � � ��-�� ARTICLE X • WAGES 10.1 Effective �e�isr�., .1988'all sa ar rates in Steps A through 15 yr. shall be increased��o and eighty-five hund e s piressit {2.85g)� Where applicable the 20 year step and the 25 year step ha 1 remain $9.50 biweekly greater than the preceding step. �"$etroactive pay a �u tments shall not apply to any employee whose employment Was terminated pr or to the date of signing of this Agreement. a1�.2 In addition to the salary rate inc ea e provided in Article 10.1, employees employed in a title represented by th bargaining unit as of date of the signing of this Agreement shall re ei e a lump sum payment which shall be equal to one percent (1.0$) of the emplo ee' 1988 gross earnings. This lump sum payment shall be paid by March 31, 198 or as soon thereafter as possible. ''l0.� Effective December 30, 1989 all sa r rates in Steps A through 15 yr. shall be adjusted the same as the wage adjus me t agreed upon by the City and the Professional Employees Association (P ) for the year 1990. 10.� Effective December 29, 1990 all sal ry rates in Steps A through 15 yr. shall be adjusted the same as the wage adjus me t agreed upon by the City and the Professional Employees Association P ) for the year 1991. 10.5 The wage schedule is attached for p rp ses of reference only and is not a part of this contract. 10.6 Notwithstanding;l�U.l �tthru i0.4,� sa1 ry rates shall be reduced in the amounts necessary to equalize payment to in iv dual employees and City employees who receive different pension benefits. '' - 18 - C��`Y�l� ARTICLE XI - SAVING CLAUSE 11.1 This AGREEMENT is subject to the laws of the United States� the State of Minnesota. In the event any provisions of this AGREEMENT ahall be held 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 provisions shall be voided. All other provisions shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. All other provisions of this AGREEMENT shall continue in full force and effect. - 19 - � . . - ��-�� ARTICLE XII - INSURANCE 12.1 The EMPIAYER will continue for the er od of this AGREEMENT to provide for employees such health and life ns rance contributions as are provided by EMPLOYER at the time of executio o this AGREEMENT. 12.2 The EMPLOYER will for the period oflth s AGREEMENT provide for full-time employees who retire after the time of execution of this AGREEMENT and until such employees reach sixty-five (65 y ars of age such health insurance contributions and life insurance co tr butions as are provided by the EMPLOYER for active employees under this Agr em nt. 12.3 The Employer will for the period of th s Agreement provide for half-time employees who retire after the time of execution of this Agreement and until such employees reach sixty-five (65 y ars of age fifty percent (508) of such health insurance contributions and if insurance contributions as are provided by the Employer for full-time emplo ee who retire under this Agreement. 12.4 Not withstanding Article 12.2, the p yer will for the period of this Agreement contribute for full-time pl yees who retire after December 31, 1985 and who select an Indemnity Insuran an provided by the Employer and until such retirees reach sixty-fiv (6 ) years of age, the cost of such retiree coverage or $106.32 per mon ichever is less. For such retirees selecting family coverage the Emplo r ill contribute the cost of such family coverage or $284.12 per month� which ve is less. For half-time employees who retire a te December 31� 1985 and who select an Indemnity Insurance Plan provided by the Employer and until such retirees reach sixty-five (65) years of age� he Employer will contribute fifty percent (50$) of such health insurance contr bu ions as are provided by this Article 12.4 for full-time employees who ret re � 0 - . . �� . ARTICLE XII - INSURANCE (continued) � 12.5 Employees who retire after execution of this Agreement must meet the following conditions at the time of retirement to be eligible for the City contributions to health insurance set forth in Articles 12.2 and 12.3. 12.5.1 Be receiving benefits from a public employee retiree act at the time of retirement. AND 12.5.2 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. ' " 12.6 In addition to meeting the eligibility requirements stated in 12.5.1 and 12.5.2 above, retiring employees must also meet the following condition in order to be eligible for the early retiree insurance benefits set forth in Articles 12.2, 12.3 and 12.4 12.6.1 Must be at least 58 years of age and have completed 25 years of employment with the City of Saint Paul OR The combination of their age and their years of service must equal eighty-five (85) or more. OR Must have completed at least thirty (30) years of service. 12.7 Effective January 1, 1987, full-time employees who retire and who meet the conditions set forth in 12.5.1 and 12.5.2 but who meet none of the conditions set forth in 12.6.1, shall be eligible for the following percentages of the amount contributed by the Employer toward health insurance for active employees in the same health plan. Such retirees shall be eligible for such contribution until they reach sixty-five (65) years of age. Combination of Age Contribution For Contribution For and Years of Service Sinrle Covera e� Family Coverage 84 908 908 83 808 80$ 82 70$ 70$ 81 60$ 60$ 80 SO$ 508 12.8 A Retiree may not carry his/her spouse as a dependent if such spouse is also a a City retiree or City employee and eligible for and is enrolled in the City health insurance program. - 21 - C�r 8q- yK6 ARTICLE XII - INSURANCE (continued) 12.9 For each eligible employee cove ed by this Agreement who is employed full-time and who selects employee insura ce coverage, the Employer agrees to contribute the cost of such coverage or $7 .0 per month, whichever is less. For each full-time employee who selects am ly coverage, the Employer will contribute the cost of such family coverag o $185.00 per month, whichever is less. 12.10 For the purpose of this Articl , ull-time employment is defined as appearing on the payroll at least 32 hou s er week or at least 64 hours per pay period excluding overtime hours. 12.11 For each eligible employee cov re by this Agreement who is employed half-time who selects employee insurance co erage, the Employer agrees to contribute fifty percent (50�) of the amo nt contributed for full-time employees selecting employee coverage in th same insurance plan. For each half-time employee who selects family in ur nce coverage, the Employer will contribute fifty percent (50$) of the amo nt contributed for full-time employees selecting family coverage in t e ame insurance plan. 12.12 For the purpose of this Articl , alf-time employment is defined as appearing on the payroll at least 20 ho s ut less than 32 hours per week or at least 40 hours but less than 64 hour p r pay period excluding overtime hours. 12.13 For each eligible employee the Em loyer agrees to contribute the cost of $5,000 of life insurance. The co t of such life insurance is included in the amount the Employer wil c ntribute in accordance with Article 12.18 of this Agreeme . � - 22 - L'F 89- y�'6 ARTICLE XII - INSURANCE (continued) 12.14 The contributions indicated in this Article 12 shall be paid to the Employer's Group Health and Welfare Plan. 12.15 Any cost of any premium for any City-offered employee or family insurance coverage in excess of the dollar amounts stated in this Article 12 shall be paid by the employee. 12.16 For the purpose of this Article 12 an early retiree is a retiree who is less than sixty-five (65) years of age. 12.17 For employees who retire at the age of 65 or older or for early retirees upon reaching age 65, and who have completed at least ten years of service 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 ten (10) years of service at the time of their retirement, the Employer will discontinue providing any health insurance contributions upon their retirement or in the case of early retirees upon their reaching age 65. 12.18 It is the intention of the Employer to establish and implement a process through which a variety of selected insurance coverage can be paid by Employer contributions, as well as by employee's contributions. It is the intention of the Employer to have this implemented by April 1, 1989. Under this plan the Employer will contribute up to one-hundred ninety dollars ($190.00) per month for each eligible employee covered by this Agreement who is employed full-time. For eligible employees who are working half-time, the Employer will contribute ninety-five dollars ($95.00) per month toward the cost of the premiums for insurance coverage selected by the employee. The selection will - 23 - c,� &9 - Yc4�o ARTICLE XII - INSURANCE (continued) be limited to the insurance pl ns offered by the Employer and must be selected in the priority order identifi d y the Employer. The Employer will make reasona le efforts to establish a system to implement this new plan. However, in th e ent that the Employer is unable to implement the system by April 1, 1989, t e rovisions of Articles 12.9 and 12.13 shall continue to apply until the sy te is implemented later in 1989. 12.19 The Employer contributions for he lth insurance stated in Article 12.18 of this Agreement shall be adjust d he same as the ad�ustments in the Employer health insurance contributions ag eed upon by the City and Professional Employees Association (PEA) fo t e years 1990 and 1991. Additional health and dental options that become av ilable through PEA's collective bargaining agreement shall be made availa le to employees covered by this Agreement. - 24 - �r 8 �-y�6 ARTICLE XIII - VACATION 13.1 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 8th year .0577 9th year thru lSth year .0770 16th year and thereafter .0962 13.2 The head of the department may permit an employee to carry over into the "vacation year" beginning December 7, 1985 and each "vacation year" thereafter up to eighty (80) hours of vacation. For the purpose of this article the "vacation year" shall be the fiscal year (IRS payroll reporting year) . 13.3 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Sub. H. 13.4 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 of vacation at the rate of one-half day's vacation for each day of sick leave credit. No employee may convert more than ten (10) days of sick leave in each calendar year under this provision. - 25 - . . ��-�� - YS ARTICLE XIV HOLIDA 14.1 Holidays recognized and observed. e following days shall be recognized and observed as paid holidays. New Year's Day ol bus Day Martin Luther King Day et rans' Day Presidents' Day a ksgiving Day Memorial Day hr stmas Day Independence Day o floating holidays Labor Day • Eligible employees shall receive pa f r each of the holidays listed above, on which they p2rform no wor . Whenever any of the holidays listed above shall fall on Saturday,, t e preceding Friday shall be observed as the holiday. Whenever ny of the holidays listed above shall fall on Sunday, the succeeding Mon y hall be observed as the holiday. 14.2 The floating holidays set forth in ec ion 14.1 above may be taken at any time during the contract year, subj ct to the approval of the Department Head of any employee. 14.3 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 working days prece in the holiday; or an employee's name must appear on the payroll the la t working day before the holiday and on three other working days of he nine.working days preceding the holiday. In neither case shall the ho iday be counted as a working day for the purposes of this section. t s further understood that neither temporary, emergency nor other emp� ye s not heretofore eligible shall receive holiday pay. 14.4 Notwithstanding Article 14.1, the pl yer may at anytime during the life of this Agreement designate the day af er Thanksgiving as a paid holiday. In the event of such designation� the Col bu Day holiday shall be deleted from the paid holidays list as set forth in rt cle 14.1. - 2 6 - ' ' ��--�� ARTICLE XV - LEAVES OF ABSENCE 15.1 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 of the employee, quarantine established and declared by the Bureau of Health, death of the employee's mother� father� spouse, child� brother� sister, mother-in-law, father-in-law� 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, dentist� optometrist, etc. , or in the case of sudden sickness or disability of a member of his household, making arrangements for the care of such sick� or disabled persons up to a maximum of eight hours sick leave. � 15.2 Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, shall be granted one day of such leave to attend the funeral of the employee's grandparent or grandchild. - 2 7 - • ��d7-�t05� ARTICLE XVI - NON-DISCRIMINATION 16.1 The terms and conditions of this AG EMENT will be applied to employees equally without regard to, or di cr mination for or against� any individual because of race� colo , reed, sex, age, or because of membership or non-membership in he UNION. 16.2 Employees will perform their dut es and responsibilities in a non-discriminatory manner as sucl d ties and responsibilities involve other employees and the general ub ic. - 28 - �G��—Y'I S° ARTICLE XVII - DURATION AND EFFECTIVE DATE 17.1 Comglete Ar�,reement With Waiver of Baresinine. This AGREEMENT shall represent the complete AGREEMENT between the ASSOCIATION and the EMPIAYER. The parties acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make requests and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this AGREEMENT. Therefore, the EMPIAYER and the ASSOCIATION, for the life of this AGREEMENT, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any sub�ect or matter referred to or covered in this AGREEMENT. 17.2 Except as herein provided this AGREEMENT shall be effective as of�inuary 1, ri989} and shall continue in full force and effect thru�pecember;:.=,31, .199I, 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. - 2 9 - . . �-�-�� ARTICLE XVII - DURATION AND EFFECTIVE DA E (continued) 17.3 This constitutes a tentative agr em nt between the parties which will be recommended by the City Negotiat r, but is subject to the approval of the Administration of the City, the it Council and is also subject to the ratification by the ASSOCIATION. ', WITNESSES CITY OF SAINT PAUL %"' /� CI TTORNEYS PROFESSIONAL ASSOCIATION � � �� _�� ,, :/ � ' ',::� . !-'C7,';°%��L. � ' ; Labor Rela s Pr " ent � , C Person 'rec or DATED: o� - 3 0 - WHITE - C�TV CLEAK PINK = FIN4N��;E GITY OI�� AINT PAUL Council �9�� CANARY - OEPhRTMEN7 B L U E M A V O Fi F I le N O. CITY CLF.RK ��/` 'l Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Council of thelCi y of Saint Paul hereby approves and ratifies the attached agreement b tw en the City of Saint Paul and the City Attorney' s Professional Asso ia ion. COUI�ICIL MEMBERS Requested by Department of: Yeas Nays Dimond OFFICE OF PERSONNEL AND LABOR RELATIONS L.o�g [n Fa or Goswitz Rettman B �he1�� Again t y Sonnen Wilson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary By By. Approved by 1Aavor: Date Approved by Mayor for Submission to Council By By DEPARTMENT/OFFI(�JOOUNGL DATE IN D ��_�� Personnel & Labor Relations 03-0 -8 G�EE�V SHEET NO. -�''� � ` CONTACT PERSON 6 PHONE DEPARTMENT dRECTOR �NITIAU DATE O GTM COUNGL �NITIAUDATE James Lombardi 292-7301 N�� CIIYATTORNEY �C�TYCLERK MUST BE ON COUNGL AOENDA BY(DAT� ROUTINO BUDOET DIRECTOR �FIN.8 MOT.8EHVICE3 DIR. �� MAYOR(OR ASSISTANn � TOTAL M OF SIGNATURE PACiES � (CLIP AL LO ATIONS FOR SIGNATUR� ACTION REOUESTED: This resolution approves the attached -y ar contract between the City and the City Attorney's Professional Association. he contract period is January 1 , 1989 through December 31 , 1991 . RECOMMENDATIONS:Approve(!U a Reject(R) COt1NCIL OM ITTEE/RESEARCH REPORT OPTIONAL ANALYST PHONE NO. _PLANNING CAMMISSION _GVIL SERVICE WMMISSION _pB COMMITrEE _ COMMENT : _STAFF - _DISTRICT COURT - SUPPORTS WHICH COUNdL OBJECTIVE7 INITIATINCi PROBLEM,ISSUE,OPPORTUNITY(Who,What,WMn,WMre,Why): See Attachment ��1 ADVANTAOES IF APPROVED: See Attachment ��2 DISADVANTAOES IF APPROVEO: None WSADVANTAOES IF NOT APPROVED: This is a signed agreement reached th ou h the process of collective bargaining in accordance with State Law. If not ap ro ed, negotiations would have to begin again and it is very likely that the City a d he City Attorney's Professional Association would end up in binding arbitration. It is also likely that the arbitrator would award at least what was initially agr ed upon. 51 144 ' � TOTAL AMOUNT OF TRANSACTION = � COST/REVENUE OIJDGETED(qRCLE ON� YES NO FUNDINa80URC.E various ACTIVITYNUM9ER various FlNANdAL INFORMATiON:(EXPWN) See Attachment ��1 � ��_�� Attachme t o Green Sheet #1 1. Number of employees affected b t e contract: 27 2. 1988 payroll: $1,071,252 3. Costs for 1989 include: $30,5 1 2.85$ salary increase 10,7 3 1$ lump sum payment 9 9 0 Cafeteria plan start up $51,1 4 Total package increase 4. 1989 payroll: $1,101,783 i 5. 1990 and 1991 increases in pay ol and insurance costs will be based upon any increases received by 'th Professional Employees Association. The above figures represent a .8 $ increase in the 1988 base rate for the positions in the classific ti ns covered by this bargaining unit. In addition, employees in the fo ementioned classifications will receive on or about March 31, 98 a 1$ lump sum payment based upon their 1988 gross wages. Furthermore, such employees wi 1 e eligible for the City's Cafeteria Plan on or about April 1, 1989 rior to that date such employees received employer health insur nc contributions of $75.00 per month for single coverage and $185.00 pe m nth for family coverage. After initiation of the Cafeteria P1 n 11 employees will receive $190.00 per month to be used for life , he lt and optional insurance coverages. The 2.85$ salary increase is r �tr active to December 31, 1988 and applies only to employees who er on the payroll as of February 22, 1989. The 18 lump sum paymential o only applies to employees who were on the payroll as of February 2, 1989.