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89-835 WHITE - C�TV CIERK COUI1ClI ��- PINK - FINANCE G I TY O. SA I NT PA U L 9 ( _/ CANARV - DEPARTMENT .I 2 BLUE - MAVOR File NO• • �v� - Cou c 'l Resolution j�� Presented Referred To i Committee: Date -� ��i�� Out of Committee By Date RESOLVED, That the Counci o the City of Saint Paul hereby approves and ratifies the attached agreemen b tween the City of Saint Paul and The Tri-Council Local 120 - Local 49 - and Loc 1 132. COUNCIL MEMBERS Yeas Nays Requeste e artment of: Dimond � FFICE OF PERS AND LABOR RELATIONS �� In F vor �i coswitz �Q..����/ Rettman Scheibel ° A gai s t BY .-6en� Wilson �UN � � Form Ap ove b 'ty Attorney Adopted by Council: Date Certified Pa s d Council , et By I By � r Appro y 14avor. Date � Approv by May for S mis 'on to Counc' r� ' By QUBt,I�1�D J UN 2 4 1 8 APPENDI ' The hourly wage rates for provisional, e lar and probationary Employees working in the classes listed below ar a shown: GRO P Effective Effective Effective 5-06-89 5-05-90 5-04-91 �Asphalt Raker 14.44 14.84 15.29 *Asphalt Shoveler 14.08 14.47 14.90 Bridge Crew Leader 14.69 15.10 15.55 Bridge Laborer 14.08 14.47 14.90 Ditch Digger 14.23 14.63 15.07 Grounds Crew Leader 14.15 14.55 14.99 Jackhammer Operator 14.18 14.58 15.02 kKettle Fireman 14.08 14.47 14.90 Labor Crew Leader 14.59 15.00 15.45 Miner 14.67 15.08 15.53 Miner--Water Department 14.67 ' 15.08 15.53 Mortar Mixer 14.13 14.53 14.97 Parks Worker 13.97 14.36 14.79 Plasterer's Tender 16.56 17.02 17.53 �Public Works Laborer 13.97 14.36 14.79 *Sanitation Laborer 13.97 14.36 14.79 Sewer Crew Leader 14.85 15.27 15.73 *Sewer Laborer 14.23 14.63 � 15.07 *Sewer Maintenance Laborer 14.23 14.63 15.07 Sewer Services Worker 14.23 14.63 15.07 Stores Laborer 13.97 14.36 14.79 Street Services Worker 13.97 14.36 14.79 �Tamper 14.28 14.68 15.12 Tunnel Laborer . 14.23 14.63 15.07 *Unskilled Laborer 13.97 14.36 14.79 �Vibrator Operator 14.08 14.47 14.90 Water Laborer 13.97 14.36 14.79 Water Service Worker I 14.13 14.53 14.97 Water Service Worker II 14.44 14.84 15.29 Water Service Worker-Control Desk 14.49 14.90 15.35 *Water Serviceman II (Connections) 14.44 14.84 15.29 *Water Serviceman II (Mains) 14.44 14.84 15.29 Eff. 5-06 89 Eff. 5-05-90 � Eff. 5-04-91 A te After After Start 6 mo Start 6 mos Start 6 mos Garden Laborer $12.90 $ .2 $13.26 $13.65 $13.66 $14.06 Gardener 13.16 .5 13.53 13.91 13.94 14.33 *Groundsworker 13.16 3.5 13.53 13.91 13.94 14.33 Groundsworker--Water Dept. 13.16 3. 13.53 13.91 13.94 14.33 Water-Shed Laborer 13.62 3. 14.00 14.36 14.42 14.79 - A1 - � 3 ,�b • ARTICLE XXIII - TERMS OF AGREEMENT (continued) � ` � 23.3 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. WITNESSES: CITY OF SAINT PAUL TRI-COUNCIL / ;' B ���'�-�" ��r' �,� ' a o ons Manage usiness Represent ive, Loca 120 r / �-z%� DATE � Pe ne i r DAT E � I /� , BY: �� Business Manager, Local 13 DATE ��.?1-� � I . ( "� O� BY: Business Representative, Local 132 DATE � BY: cv Business Re esentative, Local 49 DATE �L��� v� /. /9 S y_ - 39 - APPENDIX A (continued) GOUPC Ef ec ive Effective Effective 5 06 89 5-05-90 -5 04-91 Asphalt Plant Operator 6. 6 17.02 17.53 Backfiller Operator 6. 6 17.02 17.53 Bituminous Spreader Operator 6. 6 17.02 17.53 Heavy Equip. Operator 6. 6 17.02 17.53 Heavy Equip. Operator--Asphalt Plant 6. 6 17.02 17.53 Heavy Equip. Operator--Water Dept. 16.56 17.02 17.53 Hoisting Engineer 16.56 17.02 17.53 Jet Sewer Cleaner Operator 16.19 16.64 17.14 Motor Equip. Operator 16 56 17.02 17.53 Motor Equip. Operator-Water Dept. 16 56 17.02 17.53 Motor Patrol Operator 16 56 17.02 17.53 Paving Breaker (Hydra Hamtner Operator) 16 56 17.02 17.53 Power Clam Operator 16 56 17.02 17.53 Pulvimixer Operator 16 56 17.02 17.53 Pumperete Operator 16 65 17.12 17.63 Revolving Power Equipment Operator 16.76 17.23 17.75 Roller Engineer (6 tons or over) 16.56 17.02 17.53 Snow-Go Operator 16.56 17.02 17.53 Sweeper Operator 1 .56 17.02 17.53 Tractor Operator II 1 .56 17.02 17.53 Tractor Operator II (Backhoe) 1 .56 17.02 17.53 GROUP D ff ctive Effective Effective - 6-89 5-05-90 5-04-91 �`Driver-Operator 1 .92 14.31 14.74 GROUP E Effective 5- 6- Effective 5-05-90 Effective 5-04-91 A te After After Start 6 mo Start 6 mos Start 6 mos Forestry Crew Leader 15.00 -- 15.42 --- 15.88 --- *Tree Trimmer I 13.16 1 .5 13.53 13.91 13.94 14.33 *Tree Trimmer II 13.98 1 .4 14.37 14.81 14.80 15.25 Tree Worker 14.92 -- 15.34 --• 15.80 --- The 5-06-89 rates in this Appendix " " epresent a 2.75$ increase over the 5-07-88 rates. The S-OS-90 rates in this Appendix " " epresent a 2.8$ increase over the 5-06-89 rates. The 5-04-91 rates in this Appendix 'A" represent a 3.0$ increase over the 5-05-90 rates. �This title abolished except as to re ent incumbents. 1 - A3 - � �q_ �3� APPENDIX A (continued) A Street Services Worker or a Water Laborer assigned to perform the duties of the following abolished title's shall rece ve a premium as shown below. Abolished Title Premium *Asphalt Raker .45 per hour *Asphalt Shoveler .10 per hour *Kettle Fireman .10 per hour *Sewer Maintenance Laborer .25 per hour *Tamper .30 per hour *Vibrator Operator .10 per hour GROUP B Effective Effective Effective 5-06-89 -5 OS-90 5-04-91 *Air Compressor Operator 13.95 14.34 14.77 *Bituminous Curb Machine Operator 13.95 14.34 14.77 *Mixer Engineer 13.95 14.34 14.77 *Roller Engineer (Under 6 tons) 13.95 14.34 14.77 �Tractor Operator I 13.95 14.34 14.77 *This title abolished except as to present incumbents. - A2 - * L r APPENDIX A (continued) G. Any Employee in this bargaining uni o er than Employees holding regular appointments to the class o J ckhammer Operator, assigned to operate a Jackhammer, shall rece ve $.20 per hour above their regular base rate for each hour or ny part thereof worked in such an assignment. H. Any Employee in this bargaining un't, ther than an Employee who holds a regular appointment in the cl ss of Mortar Mixer, assigned to operate a Mortar Mixer, shall r ce ve $.15 per hour above their regular base rate for each hour or' an part thereof worked in such an assignment. I. Any Tree Trimmer II in this barga ni g unit assigned to operate the large Tree Spade shall receive $. 0 er hour above their regular base rate or any part thereof wor ed in such an assignment. J. Any Tree Trimmer II in this barg in' g unit assigned to operate the Stump Chipper shall receive $.SO pe hour above their regular base rate or any part thereof worked n uch as assignment. K. Any Tree Trimmer II or Tree Work r egularly assigned to the crew performing tree trimming duties 'n ssisting Northern States Power Company shall receive $.40 per ou above their regular base rate or any part thereof worked in such as assignment. L. Any regularly appointed Driver- pe ator assigned to operate any of the equipment covered by the abolis e class titles listed below shall receive $.03 per hour above th ir egular base rate for each hour actually worked in such an ass g ent. *Air Compressor Operator *Bituminous Curb Machine Operator �Mixer Engineer *Roller Engineer (under 6 tons) �Tractor Operator I - AS - + APPENDIX A (continued) �/ Effective upon the effective date of this contract the following premium pa � y provisions shall apply: A. Driver-Operators and Street Services Workers assigned to drive tandem trucks shall receive $.20 per hour above their base rate for each hour or any part thereof worked in such an assignment. B. Any Employee in this bargaining unit assigned to operate a Chipping Hammer shall receive $.20 per hour above their regular base rate for each hour or any part thereof worked in such an assignment. C. Any Employee in this bargaining unit assigned to operate a Chain Saw, except Employees working under the titles of Tree Trimmer I, Tree Trimmer II, or Tree Worker shall receive $.20 per hour above their regular base rate for each hour or any part thereof worked in such an assignment. D. Any Employee in this bargaining unit assigned to perform the duties of a Tender for a Bricklayer or Blocklayer shall receive $.15 per hour above their regular base rate for each hour or any part thereof worked in such an assignment. E. Any Groundsworker or Water-Shed Laborer assigned to operate a Chipping Machine shall receive $.25 per hour above their regular base rate for each hour or any part thereof worked in such an assignment. F. Any Employee in this bargaining unit required to work eight (8) feet or lower beneath ground shall receive $.25 per hour above their regular base rate for each hour or any part thereof worked in such an assignment. This provision shall not apply to Employees working under the titles of Ditch Digger, Water Serviceman II (Connections) , Water Serviceman II (Mains) or Water Service Worker II. - A4 - / � �35 ,,{�' �� y PP NDIX B ('� t/` 1. The hourly rates for temporary Employ es working in the classes listed below are as shown: Ef ec ive Effective Effective 5 06 89 5-05-90 5-04-91 Bridge Crew Leader 4. 3* 15.08* 15.31* Bridge Laborer 4. 2* 14.55* 14.77* Ditch Digger 4. 8* 14.82* 15.05* Jackhammer Operator 4. 3* 14.67* 14.89* Labor Crew Leader 4. 3* 15.08* 15.31* Miner 4. 4* 15.19* 15.43* Miner--Water Department 14. 4* 15.19* 15.43* Mortar Mixer 14.38* 14.62* 14.84* Parks Worker 14 43* 14.67* 14.89* Sewer Crew Leader 15 20* 15.46* 15.70* Sewer Services Worker 14 58* 14.82* 15.05* Stores Laborer 14 22* 14.45* 14.66* Street Services Worker 14 43* 14,67* 14.89* Tunnel Laborer 14 58* 14.82* 15.05* Water Laborer 14.22* 14.45* 14.66* Water Service Worker I 1 .32* 14.55* 14.77* Water Service Worker II 1 .68* 14.92* 15.15* For temporary Employees working in th t tles listed in (1.) above the following fringe benefit contributions shall be made t t e Minnesota Laborers' Fringe Benefit Fund: f ctive Effective Effective 5- 6-89 5-05-90 5-04-91 Health and Welfare 1.47 $1.52 $1.62 Pension 1.70 1.80 1.90 Vacation .60** .65** .70** Training .03 .03 .03 *This rate includes the taxable vaca' io contribution. **This contribution is taxable. - Bl - APPENDIX B (continued) ` 2. The hourly wage rates for temporary Employees working the class listed below are as shown: Effective Effective Effective 5-06-89 5-05-90 5-04-91 Plasterer's Tender $17.28* $17.60* $17.91* For temporary Employees working in the title of Plasterer's Tenderer the following Fringe Benefit contributions shall be made to the Minnesota Laborers' Fringe Benefit Fund: Effective Effective Effective 5-06-89 5-05-90 5-04-91 Health and Welfare $1.47 $1.52 $1.62 Pension 1.70 1.80 1.90 Vacation .60** .65�* .70** Training .03 .03 .03 �This rate includes the taxable vacation contribution. **This contribution is taxable. 3. The hourly rates for temporary Employees working in the classes listed below are as shown: Effective Effective Effective 5-06-89 S-OS-90 5-04-91 Asphalt Plant Operator 17.39 17.58 17..81 Backfiller Operator 17.39 17.58 17.81 Bitwninous Spreader Operator 17.39 17.58 17.81 Heavy Equip. Oper. --Asphalt Plant 17.39 17.58 17.81 Heavy Equip. Oper. --Water Dept. 17.39 17.58 17.81 Hoisting Engineer 17.39 17.58 17.81 Jet Sewer Cleaner Operator 17.02 17.20 17.42 Motor Equipment Operator 17.39 17.58 17.81 Motor Equipment Oper. -Water Dept. 17.39 17.58 17.81 Motor Patrol Operator 17.39 17.58 17.81 Paving Breaker (Hydra Hammer Oper.) 17.39 17.58 17.81 Power Clam Operator 17.39 17.58 17.81 Power Shovel Operator 17.75 17.95 18.19 Pulvimixer Operator 17.39 17.58 17.81 Pumperete Operator 17.52 17.71 17.94 Roller Engineer (6 tons or over) 17.39 17.58 17.81 Sno-Go Operator 17.39 17.58 17.81 Sweeper Operator 17.39 17.58 � 17.81 Tractor Operator II 17.39 17.58 17.81 Tractor Operator II (Backhoe) 17.39 17.58 17.81 - B2 - /� ' APPENDIX B (continued) �� � For temporary Employees working in th t tles listed in (3. ) above the following fringe benefits shall be ma e o Funds designated by IUOE, Local 49: Ef ec ive Effective Effective 5 06 89 5-05-90 5-04-91 Health and Welfare 1. 5 $1.80 $1.80 Pension 1. 5 1.80 2.05 Apprentice Training . 5 .OS .10 4. The hourly wage rates for temporar E ployees working in classes listed below shall be the same as the wag r tes applicable to provisional, regular and probationary Employees wo king in said classes as shown in Appendix A: Garden Laborer Gardener Parks Worker Water-Shed Laborer Water Service Worker-Control Des For temporary Employees working in th t tles listed in (4.) above the following fringe benefit contribution s 11 be made to the Minnesota Laborers' Fringe Benefit Fund: Eff t e Effective Effective 5- -8 5-05-90 5-04-91 Health and Welfare $1,.40 $1.40 $1.40 Pension 1.65 1.65 1.65 Vacation .55 .55* .55* The 5-06-89 rates in this Appendix "B" re resent a 2.75$ increase over the 5-07-88 rates less any increases in fr ng benefit contributions. The S-OS-90 rates in this Appendix "B"' re resent a 2.88 increase over the 5-06-89 rates less any increases in fr ng benefit contributions. The 5-04-91 rates in this Appendix "B" re resent a 3.0� increase over the S-OS-90 rates less any increases in fr ng benefit contributions. *This contribution is taxable. - B3 - APPENDIX B (continued) , 5. The hourly wage rates for temporary Employees working in classes listed below shall be the same as the wage rates applicable to provisional, regular and probationary Employees working in said classes as shown in Appendix A. Forestry Crew Leader Tree Worker For temporary Employees working in the titles listed in (5.) above the following fringe benefits shall be made to funds designated by IUOE, Local 49: Effective Effective Effective 5-06-89 5-05-90 5-04-91 Health and Welfare $1.75 $1.80 $1.80 Pension 1.55 1.80 2.05 Apprentice Training .OS .OS .10 6. Regular Employees who are laid off and then called back in to work on a temporary basis shall receive the regular rate of pay as shown in Appendix A for such titles worked and shall continue to earn and accrue City benefits for such hours worked. 7. For temporary Employees working in titles listed in this Appendix "B" whose length of service and earnings require that they be sub�ect to Public Employees Retirement Association contributions, the rate of pay shall be the rate shown in this Appendix "B" for such title divided by 1.04. 8. If the union elects to have the fringe benefit contributions listed in this Appendix "B" increased or decreased, the Employer may adjust the applicable rates accordingly. - B4 - • /� . � PP NDIX C � The following are special provisions fo Dr ver-Operator seniority: Al1 Driver-Operators hired subsequ t to July 1, 1970, except the six who were hired with the promotion righ s rom the April 7, 1975 eligible list by departments other than Public W rk , will be laid off at the end of December 1, 1978. Subsequent to December 1, 1978, th P blic Works Department shall hire from the layoff list all Driver-Op ra ors who will be needed throughout the City for the remainder of the ea . Subsequent to December 1, 1978, al r instatements and new appointments will be made to the Public Works D pa tment. Department or division promotion r le shall not apply to the classification of Driver-Operator. Any Driver-Operator taking an ex in ion on a promotional basis for any other title shall be considered a r otional candidate in the department in which he is working on the dat o the examination regardless of the fact that such Employee appears a D iver-Operator on the Public Works � Department payroll. In the event that such Employee i t ansferred to another department after the date of the examination s ch Employee shall be considered a promotional candidate in the depa tm nt to which he/she is transferred. No change in assignment shall be ad prior to the date of the examination for the purpose of ch ng ng the department in which the Employee qualifies as a promotion 1 andidate under this article. Employees appointed from the pro ti n list of the March 3, 1978, Truck Driver examination shall have Dr' er Operator seniority in the same order as the order in which their name a ear on the promotional eligible list from which they were appointed. h' does not apply to Employees appointed from this list to the oa d of Education. - C1 - . APPENDIX D The following are general policies regarding seniority for personnel permanently assigned to the Department of Public Works Street Maintenance and Sewer Maintenance Divisions and the Department of Community Services, Parks and Recreation Division in the classifications of Driver-Operator, Laborer, Street Services Worker, Sewer Services Worker, Groundsworker, Parks Worker, Tree Trimmer II, Power Clam Operator and Tree Worker. While these general policies are normally followed when making �ob assignments, the Employer shall not be required to accept the most senior bidder or to assign the least senior Employee when considering such factors as the duration of the assignment, overtime considerations (if any) and the productivity needs of the utilizing division when making job assignments. Qualifications will be determined by the Public Works Department and Community Services Department based on actual job performance, civil service certifications, etc: A. Department of Public Works 1. Class seniority in the Driver-Operator and Laborer titles shall take precedence over the Street Services Worker and Sewer Services Worker titles for all work assignments. This includes Heavy Equipment Operators who also hold the title of Driver-Operator and who are reduced to the title of Driver-Operator. 2. Class seniority in the titles of Driver-Operator and Street Services Worker shall be used to make temporary �ob assignments for Heavy Equipment Operator positions in the Street Maintenance Division. 3. Class seniority shall be used for bidding the average seasonal Driver-Operator job assignments of a primary nature and a minimum of seventy-five (75) percent of the "permanent" seasonal Driver-Operator - D 1 - . � , ��� ' APPENDIX D (continued) � �� � jobs will be assigned by class se iority. Exceptions may be made in order to assign personnel wit wo k limitations. 4. Assignment to a shift eligibl ' f shift differential premium pay shall be made based on class en'ority. Senior Employees in the . affected class shall not be r qu red to accept such assignment if there are Employees in such c as with less class seniority. B. Department of Community Services 1. Class seniority in the Ground wo ker and Driver-Operator titles shall take precedence over the Par W rker title in filling Groundsworker and Driver-Operator positions re pectively. In the event of a layoff in the title of Groundsworke ' o in the title of Parks Worker, for Employees who are certified o e title of Groundsworker and who are then certified to the new ti le of Parks Worker, their seniority in the title of Groundsworker s al prevail. 2. Class seniority in the Tree ri er II and Power Clam Operator titles shall take precedence over T ee Worker title for assignment to Tree Trimmer II or Power Clam Ope at r duties respectively. In the event of a layoff in the title of re Trimmer II or in the title of Tree Worker, for Employees who a rtified to the title of Tree Trimmer II and who are then certifi d o the new title of Tree Worker, their seniority in the title of T ee Trimmer II shall prevail.. 3. Assignment to a shift eligi �le for shift differential premium pay shall be made based on clas s niority. Senior Employees in the affected class shall not be re uired to accept such assignment if there are Employees in such� cl ss with less seniority. - D2 - WH17E - CITY CIERK PINK - FINANCE ,/ CANARV - OE�ARTMENT G I TY O F� A I NT PA LT L F°1"ncilNO. Ci�3� BI.UE - MAVOR CITY CLERK vo�„�� esolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, That the Council of he City of Saint Paul hereby approves and ratifies the attached agreement bet ee the City of Saint Paul and The Tri-Council Local 120 - Local 49 - and Local 13 . ,��--"' � N� COUI�iCIL MEMBERS Requested by Department of: Yeas Nays Dimond OFFICE OF PERSONNEL AND LABOR RELATIONS �� in Favor Goswitz Remnan scne;ne� Against BY Sonnen Wilson Fotm Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY gy, Approved by 1�lavor: Date Approved by Mayor for Submission to Council By BY DEPARTMENT/OFFlCE/COUNqI DATE INITUTED °� �i�.3�� Personnel & Labor Relations o4-28-s GREEN SHEET NO. 9 3 8 OONTACT PERSON 8 PHONE �NITIAU DATE II�NNTUUDATE D PARTMENT DIRECTOR �CfTY OOUNqI. Jame C mbardi 2 2-730 �� AITORNEY �cmc�pK MU3T BE ON COUNqL AQENDA BY(DATE) ROUTINO ET DIRECTOR �FlN.8 MOT.SERVICES DIR. YOR(OR A8818TANT) � TOTAL N OF SIGNATURE PAGES � (CLIP AL�L ATI NS FOR SIGNATUR� ACTION REWESTED: This resolution approves the attached 3-ye r greement between the City and The Tri-Council Bargaining Unit. The duration covers the er'od of May 1 , 1989 through April 30, 1992. RECOMMENDATIONS:Approw(A)a Rysct(R) C01lNCIL M RCH REPORT OPTIONAL _PLANNINO OOMMISSION -qVIL SERVICE COMMISSION ��Y� FMONE N0. _p8 OOMMfTTEE _ COMMENT8: _STAFF _ _DISTfiICT COURT _ SUPPORTS WHICH COUNGL OBJECTIVE9 INITIATINf3 PROBLEM,ISSUE,OPPORTUNITY(Who,What,WMn,Whsro,Why�: See Attachments ��l and ��2 ADVANTAOES IF APPROVED: See Attachments �kl and �k2 DISADVANTAOES IF APPROVED: None asnnv�wr�oes�F na��ove�: This is a signed agreement reached thr ug the process of colleetive bargaining in accordance with State Law. If not app ov d, negotiations would have to begin again and it is very likely that the City an t e Tri-Council would end up in binding arbitration or the union may elect to tr ke. In the event of an arbitration, the arbitrator would likely award at least wh t was initially agreed upon. 19 TOTAL AMOUNT OF TRANSACTION : � , 15 3�5�� COST/REVENUE BUDOETED(qRCLE ON� � NO ��Q�� various ACT1vITY NUMBER various Flwwa�u iNr-oAM,�►noN:(ExPwM See Attachment ��1 ���-�3�' ATTACHMENT T G EEN SHEET #1 1. Number of employees affected by the co tract: 326 2. 1988-89 estimated payroll: $10,335',15 3. Estimated costs for 1989-90: $298, 95 2•75$ Salary increase 4. 1989-90 estimated payroll: $10,63 ,8 8 5. Estimated costs for 1990-91: $297,748 2.80� Salary i cr ase 43.040 Increase in in ur nce contributions $340,788 Total package nc ease 6. 1990-91 estimated payroll: $10,93 ,5 6 7. Estimated costs for 1991-92: $327,948 3.0$ Salary in re se 32.280 Increase in in ur nce contributions $360,228 Total package nc ease 8. Total estimated salary increase o r he period of the agreement: $1,078,251 9. Total estimated increase in insur ce contributions over the period of the agreement: $75,320 10. The estimated total package cost ve the period of the agreement: $1,153,571 The figures representing increases in he Employer's health insurance contributions are based upon an increa e f $15.00 per month on the cap for single coverage and a $5.00 per month nc ease on the cap for family coverage beginning January 1, 1990. The contri ut on levels would then be $85.00 per month for a single and $185.00 per mon h or a family. It is the intention of the Employer to of er a cafeteria style benefit package to this unit by January l, 199 . The Employer's contribution toward the Cafeteria Plan will be determined t hat time. , � ��y_�3.�- ATTACHMENT 0 REEN SHEET #2 The Tri-Coun il ontract Summary I. Duration This is a three year contract c ve ing the period of May 1, 1989 through April 30, 1992. II. Safetv The Employer's contribution to rd the cost of safety shoes was changed from $10.00 per pair twice a ye r o $30.00 a pair once a year. III. Insurance A. The Employer's health insur nc contributions for active employees will remain at the current ev ls of $70.00 per month for single and $180,00 per month for famil c verage through December 31, 1989. Beginning January 1, 1990 t e ingle cap will be $85.00 per month and the family cap will be 18 .00 per month. B. Language was added allowing fo the implementation of a Cafeteria Plan beginning January 1, 1 90 The Employer's contribution level will be determined at that im . If such a plan is not acceptable to the Union, then the afor me tioned insurance caps will remain in effect through April 30, 19 2. C. This contract establishes e ig bility requirements for Medicare supplement insurance offere t retirees at age 65. This benefit will not be available in th f ture to retirees with less than 10 years of service. D. The Employer's monthly heal h nsurance contributions for early retirees who select indemni y overage was reduced from $106.32 for a single and $284.12 for a am ly to $70.00 and $180.00 respectively beginning May 6, 1989. On an ary 1, 1990 such contributions shall increase to $85.00 and $185' 00 for such coverages. This affects only future retirees. IV. Discipline Grievances relating to suspens on reduction and discharge may now be processed through the grievanc p ocedure established in the contract rather than solely through the Ci il Service grievance procedure. V. Senioritv Language was added in the cont ac appendix defining department policies regarding the conside at on of seniority in making job assignments. VI. Holidavs The da after Thanks ivin ma Ibe substituted for the Columbus Da y g g y y holiday at the discretion of t e mployer. . � ��y���s Attachment to Green Sheet #2 Page Two April 28, 1989 VII. Severance Pav New eligibility requirements for s er nce pay were added. Instead of an employee being required to have t east 60 days of sick leave accrued at the time of separation, an mployee must have at least 80 days. The maximum amount of sever nc pay was changed from $6,500 to $7,000. A new sliding scale was i tr duced. A minimum of $4,000 would be paid out with 20 years service p o a maximum of $7,000 paid out with 25 years of service. VIII. Wages Effective May 6, 1989 all hourly r te will be increased 2.75$. On May 5, 1990 such rates will increa e .80$. Such rates will increase 3.0$ effective May 4, 1991. This contract also establishes the ho rly rate of pay for the following new classifications: fective 5-06-89 1. Street Services Worker $13.97 2. Sewer Services Worker 14.23 3. Parks Worker 13.97 4. Tree Worker 14.92 5. Water Service Worker II 14.44 VIX. Vacation New language was added allowing e pl yees to carry over into the following year 120 hours of vacat on instead of 80 hours. This is consistent with what other units av . � �-��_�.�- � MAY, 1989 THRO GH APRIL, 1992 COLLECTIVE BARG IN NG AGREEMENT BET EE THE CITY 0 S INT PAUL D THE TRI-CO NCIL LOCAL 120 - LOCA 49 - AND LOCAL 132 � I N D E X ARTICLE TITLE PAGE Principles 1 I Recognition 2 II Maintenance of Standa ds 4 III Union Rights 5 IV Payroll Deductions 6 V Management Rights 7 VI Safety 8 VII Discipline Procedures 9 VIII Hours, Premium Pay 10 IX Insurance 12 X Employee Rights-Griev nc Procedure 17 XI Seniority 21 XII Vacations 23 XIII Holidays 24 XIV Jury Duty 26 XV Severance Pay 27 XVI Wages 3� XVII Savings Clause 32 XVIII Jurisdiction 33 XIX Sick Leave 34 XX Maternity Leave 35 XXI Legal Services 36 XXII Strikes, Lockouts, Wo k nterference 37 XXIII Terms of Agreement 38 A endix A A1 PP Appendix B B1 Appendix C C1 Appendix D D1 - ii � -- PR NCIPLES This Agreement is entered in o o facilitate the adjustment of grievances and disputes between the Employer an Employees to provide, insofar as possible, for the continuous empl ym nt of labor and to establish necessary procedures for the amicable adjus me t of all disputes which may arise between the Employer and the Unio . The Employer and the Union en ou age the highest possible degree of practical, friendly, cooperative r la ionships between their respective representatives at all levels. Th o ficials of the Employer and the Union realize that this goal depends pri ar ly on cooperative attitudes between people in their respective organiz ti ns and at all levels of responsibility, and that proper attitudes must be s on full understanding of and regard for the respective rights and respo si ilities of both the Employer and the Employees. There shall be no discriminati n gainst any Employee by reason of race, color, creed, sex, or Union m mb rship. The Employer and the Union aff'rm their joint opposition to any discriminatory practices in connect" n ith employment, promotion, or training, remembering that the publi i terest remains in full utilization of Employees skill and ability without eg rd to consideration of race, color, creed, national origin, age or sex. ' _' 1 w 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. 73-PR-427-A, as follows: All employees of the City of Saint Paul in the classifications of Air Compressor Operator, Asphalt Batcherman, Asphalt Plant Engineer, Asphalt Raker, Asphalt Shoveler, Backfiller Operator, Bituminous Curb Machine Operator, Bituminous Spreader Operator, Bridge Crew Leader, Bridge Laborer, Building Laborer, Ditch Digger, Forestry Crew Leader, Garden Laborer, Gardener, Groundsworker, Heavy Equipment Operator, Heavy Equipment Operator--Asphalt Plant, Hoisting Engineer, Jackhammer Operator, Jet Sewer Cleaner Operator, Kettle Fireman, Labor Crew Leader, Miner, Miner--Water Department, Mixer Engineer, Mortar Mixer, Motor Equipment Operator, Motor Equipment Operator--Water Department, Motor Patrol Operator, Parks Worker, Paving Breaker (Hydra Hammer Operator) , Plasterer's Tender, Playground Custodian, Power Clam Operator, Power Shovel Operator, Public Works Laborer, Pulvimixer Operator, Pumperete Operator, Road Machinery Operator, Roller Engineer (Under 6 tons) , Roller Engineer (6 tons or over) , Sanitation Laborer, School Ground Maintenance Foreman, Sewer Crew Leader, Sewer Laborer, Sewer Maintenance Laborer, Sewer Services Worker, Sno-Go Operator, Street Services Worker, Sweeper Operator, Tamper, Tractor Operator I, Tractor Operator II, Tractor Operator II (Backhoe) , Tree Trimmer I, Tree Trimmer II, Tree Worker, Driver-Operator, Tunnel Laborer, Unskilled Laborer, Vibrator Operator, Water Laborer, Water Serviceman II (Connections) , Water Serviceman II (Mains) , Water Service Worker I, Water Service Worker II, Water Service Worker-Control Desk, and Water-Shed Laborer who work more than 14 hours per week and more than 100 work days per year, excluding Supervisory, Confidential, temporary, emergency, and employees exclusively represented by other labor or employee organizations. The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classifications set forth in this Agreement shall be recognized as a part of this bargaining unit, and the parties shall take all steps required under the Public Employrnent Relations Act to accomplish said objective. - 2 - :. _„ ARTICLE I - RECOGNITION (continued) 1.2 The Employer agrees not to enter into y ontractually binding agreements with any Employee or repres nt tive not authorized to act on behalf of the Union. There shall be n i dividual agreements with any Employees that conflict with the term o this Agreement, and any such agreement or contract shall be null a d oid. �. ARTICLE II - MAINTENANCE OF STANDARDS 2.1 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations and all other general working conditions shall be maintained at not less than the highest minimwn standard as set forth in the Civil Service Rules of the City of Saint Paul 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 improved wherever specific provisions for improvement are made elsewhere in this Agreement. - 4 - -� ARTICLE III - UNION RIGHTS 3.1 The Union may designate employees fr within the bargaining unit to act as Stewards and shall inform e mployer in writing of such designations. Such Employees sha 1 ve the rights and responsibilities as designated in Article 10 (GRIE PROCEDURE) . There shall be no more than one Steward from each 1 al involved in any one specific grievance. 3.2 There shall be no deduction of pay, fr m Stewards when directly involved in meetings with management during wo king hours for grievance procedures. 3.3 Designated Union Representatives s al be permitted to visit Employees on job sites and at department bui di gs during working time. 3.4 If the Unions enter into any Agree en s with any individual Employer or group of Employers for more fav ra le wages, hours or conditions than herein specified, the Unions ha 1 immediately furnish a copy of any such Agreement to the City and th Union may effective upon ten (10) days' notice to the City pp y all or part of such Agreement as the new Agreement between it an t e City. - 5 ARTICLE IV - PAYROLL DEDUCTION .- 4.1 The Employer shall, upon request of any 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. 4.2 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 certified 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. 4.3 The Union 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. - 6 - , ARTICLE V - MANAGEMENT RIGHTS S.1 The Union recognizes the right of the mp oyer to operate and manage its affairs in all respects in accorda ce with applicable laws and regulations of appropriate authorities e rights and authority which the Employer has not officially abridg d, delegated, or modified by this Agreement are retained by the Emp oy r. 5.2 A public Employer is not required to m et and negotiate on matters of inherent managerial policy, which incl de but are not limited to, such areas of discretion of policy as the nc ions and programs of the Employer, its overall budget, utiliza io of technology, and organizational structure and selectio a direction and number of personnel. 5.3 If the Unions enter into any Agreemen s ith any individual Employer or group of Employers for less favora le wages, hours or conditions than herein specified, the Unions sha 1 mmediately furnish a copy of any such Agreement to the City or if he City comes upon such an Agreement, the City may effective upo t n (10) days' notice to the Unions apply all or part of such Agre me t as the new Agreement between it and the Unions. - 7 - ARTICLE VI - SAFETY 6.1 Accident and injury 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 Construction Safety Codes and Regulations. 6.2 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. No Employee may be discharged for refusing to work under unsafe conditions. 6.3 Such safety equipment as required by governmental regulation, shall be provided without cost to the Employee. At the Employer's option, the Employees may be required to sign for safety equipment and shall be obligated to return same upon discharge, layoff, quit or other termination in comparable condition as when issued, providing reasonable wear and tear. The Employer shall have the right to withhold the cost of such safety equipment if not returned. 6.4 The Employer agrees to pay $30.00 toward the cost of each pair of safety shoes purchased by an Employee who is a member of this unit. The Employer shall contribute toward the cost of one pair of shoes per contract year and shall not be responsible for any additional cost for any additional shoes thereafter. This reimbursement of $30.00 shall be made only after investigation and approval by the immediate supervisor of that Employee. This $30.00 Employer contribution shall apply only to those Employees who are required to wear protective shoes or boots by the Employer. - 8 - _� _. ARTICLE VII - DISCIPLINE PROCEDURES 7.1 The Employer will discipline E lo ees for just cause only. Discipline will be in the form of: a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge. 7.2 Suspensions, reductions and disc ar es will be in written form. 7.3 A notice in writing of suspensio s, reductions and discharges shall be sent to the Employee and the Unio w'thin seventy-two (72) hours after such action is taken. 7.4 Discharges will be preceded by a iv (5) day preliminary suspension without pay. During said period, the Employee and/or Union may request, and shall be entitled to a meeting wi h the Employer representative who initiated the suspension with inte t o discharge. During said five (5) day period, the Employer may a fi the suspension and discharge in accordance with Civil Service Rules o may modify, or withdraw same. 7.5 Grievance relating to this Article ha 1 be processed in accordance with the grievance procedure under rt cle X. 7.6 Employees who are unable to report r heir normal work day have the responsibility to notify their supe is r of such absence as soon as possible, but in no event later than on -half hour before the beginning of such work day. 7.7 Failure to make such notification may be grounds for discipline. - 9 - i. ARTICLE VIII - HOURS, PREMIUM PAY �- 8.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute lunch period, except for Employees assigned to the 4/40 shift where the normal work day shall be ten (10) consecutive hours per day, excluding a thirty (30) minute lunch period. The normal work week shall be five (5) consecutive normal work days in any seven (7) day period except for Employees assigned to the 4/40 shift where the normal work week shall be four consecutive ten (10) hour work days in any seven (7) day period. (For Employees on a shift basis this shall be construed to mean an average of forty hours a week. ) 8.2 Except in cases of emergencies, the Employer shall notify the affected Union of an intention to change a shift at least 24 hours prior to the beginning of the new shift. ' 8.3 Employees shall report to work location as assigned by a designated Employer supervisor. During the normal work day Employees may be assigned to other work locations at the discretion of the Employer. 8.4 Call-in-Pay. When an Employee is called to work he shall receive two hours' pay if not put to work. If he is called to work and commences work, he shall be guaranteed four straight time hours' pay. These provisions, however, shall not be effective when work is .unable to proceed because of adverse weather conditions. 8.5 Overtime. Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by order of the head of the department. An Employee shall be recompensed for work done - 10 - ._ ARTICLE VII - HOURS, PREMIUM PAY (continue ) in excess of the normal hours by bei g anted compensatory time on a time and one-half basis or by being ai on a time and one-half basis for such overtime work. The basis o w ich such overtime shall be paid shall be determined solely by the Em lo er. The time and one-half overtime rate shall be based on the ot 1 rate, including any premium pay, being earned during the overti urs worked. 8.6 A premium pay of fifty-cents ($.50) pe hour shall be paid for all swing stage work, such as work performed ro a boatswain's chair or a swing scaffold or hazardous work that req ir s the use of a safety belt fifty (50) feet or more above the ground. A 1 standard safety laws shall be complied with. 8.7 The work break shall not exceed fi te n (15) minutes from the time the Employee stops working until he re um s work, and shall be taken in close proximity of the Employee's or station. - 11 - ARTICLE IX - INSURANCE _. 9.1 The Employer will continue for the period of this Agreement to provide for Employees such health and life insurance benefits as are provided by Employer at the time of execution of this Agreement. 9.2 For each eligible Employee covered by this Agreement who is employed full-time and who selects Employee health insurance coverage, the Employer agrees to contribute the cost of such coverage or $70.00 per month, whichever is less. Effective January 1, 1990, the $70.00 per month maximum Employer contribution shall be increased to $85.00 per month. For each full-time Employee who selects family health insurance coverage, the Employer will contribute the cost of such family coverage or $180.00 per month, whichever is less. Effective January 1, 1990, the $180.00 per month maximum Employer contribution shall be increased to $185.00 per month. 9.3 For the purpose of this Article, full-time employment is defined as appearing on the payroll at least 32 hours per week or at least 64 hours per pay period excluding overtime hours. 9.4 For each eligible Employee covered by this Agreement who is employed half-time who selects Employee insurance coverage, the Employer agrees to contribute fifty percent (50�) of the amount contributed for full-time Employees selecting Employee coverage in the same insurarice plan. For each half-time Employee who selects family insurance coverage, the Employer will contribute fifty percent (50$) of the amount contributed for full-time Employees selecting family coverage in the same insurance plan. For the purpose of this Article, half-time employment is defined - 12 - _. '" ARTICLE IX - INSURANCE (continued) as appearing on the payroll at lea t 0 hours but less than 32 hours per week or at least 40 hours but less th n 64 hours per pay period excluding overtime hours. An Employee will e onsidered half-time only if such Employee is assigned to a positio w ich is regularly assigned half-time hours. 9.5 For each eligible Employee the E pl yer agrees to contribute the cost of $5,000 of life insurance covera e. 9.6 The Employer will for the perio o this Agreement provide for full-time Employees who retire after the ti of execution of this Agreement and until such Employees reach six y- ive (65) years of age such health and life insurance contributions e provided by the Employer for active Employees under this Agreemen . 9.7 The Employer will for the pe io of this Agreement provide for half-time Employees who retire after t e ime of execution of this Agreement and until such Employees reach s xt -five (65) years of age fifty percent (50$) of such health insura ce contributions and life insurance contributions as are provid d y the Employer for full-time Employees who retire under this Agreemen . 9.8 Employees who retire must ee the following conditions at the time of retirement to be eligible fo the City contributions to health insurance set forth in Articles 9.6 an 9.7. 9.8.1 Be receiving benef' s rom a public employee retiree act at the time of retirement AND 9.8.2 Have severed his r la ionship with the City of Saint Paul under one of the early retir e lans. - 13 - ARTICLE IX - INSURANCE (continued) _. 9.9 In addition to meeting the eligibility requirements stated in 9.8.1 and 9.8.2 above, retiring Employees must also meet the following condition in order to be eligible for the early retiree insurance benefits set forth in Articles 9.6 and 9.7. 9.9.1 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. 9.10 Full-time Employees who retire and who meet the conditions set forth in 9.8.1 and 9.8.2 but who meet none of the conditions set forth in 9.9.1, 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 Single Covera� Family Coverage 84 90� 90� 83 80$ 80� 82 70$ 70$ 81 60$ 60$ 80 50$ 50� 9.11 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 (10) 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 - 14 - �^ ARTICLE IX - INSURANCE (continued) for retirees 65 years of age or older as appr ve by City Council Resolution. For such Employees or early ret' ee who have not completed at least ten (10) years of service wi h the City at the time of their retirement, the Employer will disc nt' ue providing any health insurance contributions upon their retireme t r in the case of early retirees upon reaching age 65. For the pu po e of this article, only the spouse and the dependents of record a t time of retirement shall be eligible for any insurance coverage. 9.12 A retiree may not carry his/her spouse as a ependent if such spouse is also a City retiree or City Employee and el gible for and is enrolled in the City health insurance program. 9.13 The contributions indicated in this Ar ic 9 shall be paid to the Employer's Group Health and Welfare Pl n. 9.14 Any cost of any premium for any City- ff red Employee or family insurance coverage in excess of the dollar amo nt stated in this Article 9 shall be paid by the Employee. 9.15 Any Employee having ten or more ye s f service with the Employer who becomes ill or injured so as to be un ble to continue working and has exhausted all his sick leave and ac tion shall be eligible for City paid health and welfare benefits for ma imum of three years. 9.16 Notwithstanding the benefits gr te in this article, the cost to the Employer for the insurance cove ag s in Articles 9.1 thru 9.15 shall be - 15 - ARTICLE IX - INSURANCE (continued) .. included in the computation of fringe benefit cost deductions indicated in Appendix A. 9.17 It is the intention of the Employer to establish and implement a plan through which a variety of selected insurance coverages can be made available and paid for by both Employer and Employee contributions. The selection will be limited to the insurance plans available to and offered by the Employer and must be selected in the priority order identified by the Employer. This plan may include both an approved health care and dependent care spending account. Employee contributions made toward the cost of the selected insurance coverages may be made on a pre-tax basis. Participation in such plan must be unit-wide. In the event that the members of this bargaining unit elect as a group not to participate in such plan, the Employer's contribution toward insurance coverages shall remain in accordance with Article 9.2 of this Agreement. In the event the Employer does not make available the aforementioned plan by January 1, 1990, the Employer contribution for each full-time Employee who selects family hospital-medical insurance coverage will be increased to $200.00 per month effective March 1, 1990. - 16 - . ARTICLE X - EMPLOYEE RIGHTS - GRIEVANCE PR CEDURE 10.1 The Employer shall recognize stew ds selected in accordance with Union rules and regulations as the grie nc representative of the bargaining unit. The Union shall notify the Em oyer in writing of the names of the stewards and of their success rs hen so named. 10.2 It is recognized and accepted by he Employer and the Union that the processing of grievances as herei af er provided is limited by the job duties and responsibilities of th E ployees and shall therefore be accomplished during working hours on y when consistent with such Employee duties and responsibilities. The st ward involved and a grieving Employee shall suffer no loss in ay when a grievance is processed during working hours, provided t s eward and the Employee have notified and received the approval of the'r pervisor to be absent to process a grievance and that such absence ou d not be detrimental to the work programs of the Employer. 10.3 The procedure established by thi A ticle shall be the sole and exclusive procedure for the processing of ri vances, which are defined as an alleged violation of the terms a d onditions of this Agreement. 10.4 Grievances shall be resolved in on ormance with the following procedure: Step 1. Upon the occurrence o a alleged violation of this Agreement, the Employee involved sh 1 attempt to resolve the matter on an informal basis wit ' t e Employee's supervisor. If the matter is not resolve t the Employee's satisfaction by the - 7 ARTICLE X - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) __ informal 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 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 occurrence of the event giving rise to the grievance, shall be considered waived. Step 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 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 - 18 - -� ARTICLE X - EMPLOYEE RIGHTS - GRIE AN E PROCEDURE (continued) shall reply in writ'ng to the Union stating the Employer's answer concerning th g ievance. If, as a result of the written response the gr evance remains unresolved, the Union may refer the grieva ce to Step 4. Any grievance not referred to in writing by the Un" n to Step 4 within seven (7) calendar days following receip o the Employer's answer shall be considered waived. Step 4. If the grievance rema ns unresolved, the Union may within seven (7) calendar da s fter the response of the Employer in Step 3, by written not'ce to the Employer, request arbitration of the grievance. The ar itration proceedings shall be conducted by an arbitr to to be selected by mutual agreement of the Employer and th U ion within seven (7) day period, either party may reques t e Public Employment Relation Board to submit a panel of fi e 5) arbitrators. Both the Employer and the Union shall hav t e right to strike two (2) names from the panel. The Un on hall strike the first (lst) name; the Employer shall then tr'ke one (1) name. The process will be repeated and the rema ni g person shall be the arbitrator. 10.5 The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provi io of this Agreement. The arbitrator shall consider and decid o ly the specific issue submitted in writing by the Employer and the Uni n nd shall have no authority to make a decision on any other issue not s s bmitted. The arbitrator shall be without power to make decisions con a to or. inconsistent with or - 19 - ARTICLE X - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) -- 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 decision 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. 10.6 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. 10.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. 10.8 It is understood by the Union 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 provisions of the Civil Service Rules it shall not again be submitted for arbitration under this grievance procedure. - 20 - -- ARTICLE XI - SENIORITY 11.1 Seniority, for the purpose of this Agre me t, shall be defined as follows: A. "City Seniority" - The length af on inuous, regular and probationary service with the Em oy r from the last date of employment in any and all class it es. B. "Class Seniority" - The length o c ntinuous, regular and probationary service with the E 1 er from the date an Employee was first certified and appoint d o a class title covered by this Agreement, it being further un rs ood that class seniority is confined to the current class ss'gnment held by an Employee. 11.2 Seniority shall terminate when an pl yee retires, resigns, or is discharged. 11.3 A. In the event it is determine by the Employer that it is necessary to reduce the work force, Em lo ees will be laid off by class title within each division b se on inverse length of "Class Seniority". Recall from la f shall be inverse order of layoff, except that recall rights s al expire after two years of layoff. B. In cases where there are pr mo ional series, such as Unskilled Laborer, Crew Leader, etc. w en the number of Employees in these higher titles is to be red ce , Employees who have held lower titles which are in this r ining unit will be offered reductions to the highest of these t tl s to which class seniority would keep them from being laid off, be ore layoffs are made by any class title in any department. - 1 - ARTICLE XI - SENIORITY (continued) .. C. It is further understood that a laid off Employee shall have the right to placement in any lower-paid class title in this bargaining unit, provided said Employee has been previously certified and appointed in said lower-paid class title. In such cases, the Employee shall first be placed on a reinstatement register and shall have "Class Seniority" based on the date originally certified and appointed to said class. Employees may also apply for positions in a lower class but may, nevertheless, return to original class as provided in paragraph (A) above. D. The provisions of Appendix C shall apply to the classification of Truck Driver. 11.4 To the extent possible, vacation periods shall be assigned on the basis of "Class Seniority" , within each class, by division. It is, however, understood that vacation assignments shall be subject to the ability of the Employer to maintain operations. 11.5 Promotions shall be handled in accordance with current Civil Service Rules and practices. However, the Water Utility may promote and assign a member of a rotating emergency or night crew holding the secondary title of Water Service Worker-Control Desk to a temporary Water Service Worker-Control Desk vacancy on his assigned crew without reference to his seniority in that title. Regular permanent promotions will continue to be made in order of seniority in title. - 22 - -" ARTICLE XII - VACATIONS 12.1 Vacation credits shall accum la at the rates shown below for each full hour on the payroll, ex lu ing 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) For Employees appointed prio t January 1, 1967, years of service will be defined to mean the um er of years since the date of appointment. For Employees p inted on or after January 1, 1967, years of service shall be de er ined by the actual number of hours worked. 12.2 The head of the department m rmit an Employee to carry over one hundred and twenty (120) hou s f vacation into the following "vacation year". For the pu o e of this article the "vacation year" shall be the fiscal year (IR p roll reporting year) . 12.3 The above provisions of vacal,io shall be subject to the Saint Paul Salary Plan and Rates of Com 'en tion, Section I (one) , Subsection H. 12.4 If an Employee has an accumu at" n of sick leave credits in excess of one hundred and eighty da s, e may convert any part of such excess at the rate of two (2) d s of sick leave for one (1) day of vacation up to a maximum of iv (5) days of vacation. 12.5 The maximum number of days' ac tion allowed by the conversion of sick leave credits shall be o re than five days on any one year so that the maximum vacation ti which may be taken in any one year shall be thirty-seven days i cl ing the regular vacation period. - 23 - ARTICLE XIII - HOLIDAYS -- 13.1 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. 13.2 The floating holidays set forth in Section 13.1 above may be taken at any time during the contract year, subject to the approval of the Department Head of any Employee. 13.3 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 preceding 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 neither temporary, emergency nor other Employees not heretofore eligible shall receive holiday pay. - 24 - -- ARTICLE XIII - HOLIDAYS (continued) 13.4 The ten (10) holidays shall be consid re non-work days. 13.5 If, in the judgment of the Employer, er onnel are necessary for operating or emergency reasons, Emplo ee may be scheduled or "called back" in accordance with Arti le 8.4 (Call-in-Pay) . 13.6 If an Employee entitled to a holida i required to work on Martin Luther King Day (effective 1986) , Pr si ent's Day, Christopher Columbus Day, or Veterans' Day, he shall be g an ed another day off with pay in lieu thereof as soon thereafter a t e convenience of the department permits, or he shall be paid on a st ai ht time basis for such hours worked, in addition to his regular ol' ay pay. If an Employee entitled to a holiday is required to work on Ne Year's Day, Memorial Day, Independence Day, Thanksgiving Day r hristmas Day, he shall be recompensed for work done on this d y y being granted compensatory time on a time and one-half basis or by ei g paid on a time and one-half basis for such hours worked, in ad 'it' n to his regular holiday pay. Eligibility for Holiday pay shall e etermined in accordance with Section I, Subsection I of the Sai t aul Salary Plan and Rate of Compensation. 13.7 Notwithstanding Article 13.1, the mp oyer may at anytime during the life of this Agreement designate e ay after Thanksgiving as a paid holiday. In the event of such de ig ation, the Columbus Day holiday shall be deleted from the paid ho id ys list as set forth in Article 13.1. - 25 - ARTICLE XIV - JURY DUTY _. 14.1 Any Employee who is required during his regular working hours to appear in court as a juror or witness except as a witness in his own behalf against the Employer, shall be paid his regular pay while he is so engaged, provided however, that any fees that the Employee may receive from the court for such service shall be paid to the City and be deposited with the City Finance Director. Any Employee who is scheduled to work a shift, other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as he is required to appear in court as a juror or witness. - 26 - • - ARTICLE XV - SEVERANCE PAY 15.1 The Employer shall provide a everance pay program as set forth in this Article. 15.2 To be eligible for the sev ra ce pay program, an Employee must meet the following requirements: 15.2.1 The Employee must be 58 years of age or older or must be eligible for pension un er the "rule of 90" or the "rule of 85" provisions of th Public Employees Retirement Association (PERA) . he "rule of 90" criteria shall also apply to Employees c ve ed by a public pension plan other than PERA. 15.2.2 The Employee must be ol ntarily separated from City employment or have be n ub�ect to separation by layoff or compulsory retirement ose Employees who are discharged for cause, misconduct, in ff ciency, incompetency, or any other disciplinary reason a e ot eligible for the City severance pay program. 15.2.3 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, employment in either t e ity or in the Independent School District No. 625 may b u ed in meeting this ten (10) year service requirement. 15.2.4 The Employee must file iver of reemployment with the Director of Personnel, hi h will clearly indicate that by requesting severance pa , he Employee waives all claims to reinstatement or reempl ym nt (of any type) , with the City or with Independent Sch ol District No. 625. 15.2.5 The Employee must have cc ulated a minimum of sixty (60) days of sick leave cred'ts t the time of his separation from service. 15.3 If an Employee requests severan e ay and if the Employee meets the eligibility requirements set fo th above, he or she will be granted severance pay in an amount equa 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 of $6,500. - 27 ARTICLE XV - SEVERANCE PAY (continued) " 15.4 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. 15.5 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 transferee shall not be eligible for the City severance program. 15.6 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 15.7 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. 15.8 The provisions of this article shall be effective as of May 31, 1984. 15.9 Any Employee hired prior to May 31, 1984 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. - 28 - •- ARTICLE XV - SEVERANCE PAY (continued) 15.10 For Employees appointed to a ti le covered by this Agreement on or after May 1, 1989, the Employer sh 11 provide only the severance pay program as set forth in 15.11 t ro gh 15.16. 15.11 To be eligible for the severanc p y program, an Employee must meet the following requirements: 15.11.1 The Employee must be v u arily separated from City employment or have bee s ject to separation by layoff or compulsory retirement. T ose Employees who are discharged for cause, misconduct, in fficiency, incompetency, or any other disciplinary rea on are not eligible for the City severance pay program. 15.11.2 The Employee must file a aiver of reemployment with the Personnel Director, w 'c will clearly indicate that by requesting severance ay, the Employee waives all claims to reinstatement or r em loyment (of any type) , with the City or with Independ nt School District No. 625. 15.11.3 The Employee must hav a accumulated balance of at least eighty (80) days of s ck leave credits at the time of his separation from servi e. 15.12 If an Employee requests seve nc 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 th Employee on the date of separation - 29 - ARTICLE XV - SEVERANCE PAY (continued) .- for each day of accrued sick leave subject to a maximum as shown below based on the number of years of service in the City. Years of Service with the Citv Maximum Severance Pav At Least 20 $4,000 21 4,600 22 5,200 23 5,800 24 6,400 25 7,000 15.13 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 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. 15.14 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. 15.15 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 15.16 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. - 30 - � ARTICLE XVI - WAGES 16.1 The basic hourly wage rates as esta li hed by Appendix A shall be paid for all hours worked by provisional r gular and probationary Employees. 16.2 The basic hourly wage rates as esta 'li hed by Appendix B shall be paid for all hours worked by temporary E pl yees. - 31 - ARTICLE XVII - SAVINGS CLAUSE - - 17.1 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 jurisdiction from whose final judgraent 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. - 32 - - • ARTICLE XVIII - JURISDICTION 18.1 Disputes concerning work jurisdicti n etween and among Unions is recognized as an appropriate subjec f r determination by the various Unions representing Employees of th E ployer. 18.2 In the event of a dispute concernin t e performance or assignment of work, the Unions involved and the E pl er shall meet as soon as mutually possible to resolve the dispute. N th' g in the foregoing shall restrict the right of the Employer to accompl'sh the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 18.3 Any Employee refusing to perform wor a signed by the Employer shall be subject to disciplinary action as pr vi ed in Article VII (DISCIPLINARY PROCEDURES) . 18.4 There shall be no work stoppage, slo d , or any disruption of work resulting from a work assignment. 18.5 The subcontracting of work done by th E ployees covered by this Agreement shall in all cases be made nl to Employers who qualify in accordance with Ordinance No. 14013. ' - 33 - ARTICLE XIX - SICK LEAVE • 19.1 Sick leave without pay may be granted in accordance with the provisions of Section 20H of the Civil Service Rules for a period up to but not to exceed three years. - 34 - .. � -' ARTICLE XX - MATERNITY LEAVE 20.1 Maternity Leave. Maternity is define a the physical state of pregnancy of an Employee, commencing eight (8) on s before the estimated date of childbirth, as determined by a phy ic'an, and ending six (6) months after the date of such birth. In the ev nt of an Employee's pregnancy, the Employee may apply for leave with ut pay at any time during the period stated above and the Employer ay approve such leave at its option, and such leave may be no long r han one (1) year. - 35 - ARTICLE XXI - LEGAL SERVICES .- 21.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the Employer shall defend, save harmless and indemnify an Employee, and/or his estate, against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission in the performance and scope of the Employee's duties. - 36 - � ARTICLE XXII - STRIKES, LOCKOUTS, WORK IN ERFERENCE 22.1 The Unions and the Employers agre t at there shall be no strikes, work stoppages, slow-downs, sitdown, s y-'n, or other concerted interference with the Employer's business or a ai s by any of said Unions and/or the members thereof, and there sha 1 e no bannering during the existence of this Agreement without first us ng all possible means of peaceful settlement of any controversy whic m y arise. - 37 ARTICLE XXIII - TERMS OF AGREEMENT - - 23.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. Any and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this Agreement are hereby superseded. In those areas where Civil Service Rules are not inconsistent with this Agreement, the Civil Service Rules shall continue to be in effect. 23.2 Except 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 April 30, 1992, 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. - 38 - y ARTICLE XXIII - TERMS OF AGREEMENT (contin ed 23.3 This constitutes a tentative agreemen b tween the parties which will be recommended by the City Negotiator bu is subject to the approval of the Administration of the City, the C ty Council and is also subject to ratification by the Unions. WITNESSES: CITY OF SAINT PAUL T -C UNCIL /;' � ��� G� , B `r., a o 'ons Manage iness Represent ive, Loca 120 � � / �-� D E '- Pe ne i r DATE (�C I l( B : ��� 'Bu iness Manager, Local 13 D TE � �-'� � I I "� C�� B : Bu iness Representative, Local 132 D TE � B ' z Bu iness Re esentative, Local 49 D TE S - 39 - APPENDIX A ._ The hourly wage rates for provisional, regular and probationary Employees working in the classes listed below are as shown: GROUP A Effective Effective Effective 5-06-89 S-OS-90 5-04-91 *Asphalt Raker 14.44 14.84 15.29 *Asphalt Shoveler 14.08 14.47 14.90 Bridge Crew Leader 14.69 15.10 15.55 Bridge Laborer 14.08 14.47 14.90 Ditch Digger 14.23 14.63 15.07 Grounds Crew Leader 14.15 14.55 14.99 Jackhammer Operator 14.18 14.58 15.02 �Kettle Fireman 14.08 14.47 14.90 Labor Crew Leader 14.59 15.00 15.45 Miner 14.67 15.08 15.53 Miner--Water Department 14.67 ' 15.08 15.53 Mortar Mixer 14.13 14.53 14.97 Parks Worker 13.97 14.36 14.79 Plasterer's Tender 16.56 17.02 17.53 *Public Works Laborer 13.97 14.36 14.79 �Sanitation Laborer 13.97 14.36 14.79 Sewer Crew Leader 14.85 15.27 15.73 �Sewer Laborer 14.23 14.63 . 15.07 *Sewer Maintenance Laborer 14.23 14.63 15.07 Sewer Services Worker 14.23 14.63 15.07 Stores Laborer 13.97 14.36 14.79 Street Services Worker 13.97 14.36 14.79 �Tamper 14.28 14.68 15.12 Tunnel Laborer 14.23 14.63 15.07 *Unskilled Laborer 13.97 14.36 14.79 �Vibrator Operator 14.08 14.47 14.90 Water Laborer 13.97 14.36 14.79 Water Service Worker I 14.13 14.53 14.97 Water Service Worker II 14.44 14.84 15.29 Water Service Worker-Control Desk 14.49 14.90 15.35 *Water Serviceman II (Connections) 14.44 14.84 15.29 �Water Serviceman II (Mains) 14.44 14.84 15.29 Eff. 5-06-89 Eff. 5-05-90 � Eff. 5-04-91 After After After Start 6 mos Start 6 mos Start 6 mos Garden Laborer $12.90 $13.28 $13.26 $13.65 $13.66 $14.06 Gardener 13.16 13.53 13.53 13.91 13.94 14.33 �Groundsworker 13.16 13.53 13.53 13.91 13.94 14.33 Groundsworker--Water Dept. 13.16 13.53 13.53 13.91 13.94 14.33 Water-Shed Laborer 13.62 13.97 14.00 14.36 14.42 14.79 - Al - .. APPENDIX A (continued) A Street Services Worker assigned to perfo e duties of the following abolished titles shall receive a premium a s own below. Abolished Title Premium *Asphalt Raker .45 per hour *Asphalt Shoveler .10 per hour *Kettle Fireman .10 per hour *Sewer Maintenance Laborer .25 per hour *Tamper .30 per hour *Vibrator Operator .10 per hour ROPB Effec iv Effective Effective 5-06 '89 S-OS-90 5-04-91 *Air Compressor Operator 13. 5 14.34 14.77 *Bituminous Curb Machine Operator 13. 5 14.34 14.77 *Mixer Engineer 13. 5 14.34 14.77 *Roller Engineer (Under 6 tons) 13. 5 14.34 14.77 *Tractor Operator I 13. 5 14.34 14.77 *This title abolished except as to pres nt incumbents. , - A2 - APPENDIX A (continued) .. GROUP C Effective Effective Effective 5-06-89 S-OS-90 5-04-91 Asphalt Plant Operator 16.56 17.02 17.53 Backfiller Operator 16.56 17.02 17.53 Bituminous Spreader Operator 16.56 17.02 17.53 Heavy Equip. Operator 16.56 17.02 17.53 Heavy Equip. Operator--Asphalt Plant 16.56 17.02 17.53 Heavy Equip. Operator--Water Dept. 16.56 17.02 17.53 Hoisting Engineer 16.56 17.02 17.53 Jet Sewer Cleaner Operator 16.19 16.64 17.14 Motor Equip. Operator 16.56 17.02 17.53 Motor Equip. Operator-Water Dept. 16.56 17.02 17.53 Motor Patrol Operator 16.56 17.02 17.53 Paving Breaker (Hydra Hammer Operator) 16.56 17.02 17.53 Power Clam Operator 16.56 17.02 17.53 Pulvimixer Operator 16.56 17.02 17.53 Pumperete Operator 16.65 17.12 17.63 Revolving Power Equipment Operator 16.76 17.23 17.75 Roller Engineer (6 tons or over) 16.56 17.02 17.53 Snow-Go Operator 16.56 17.02 17.53 Sweeper Operator 16.56 17.02 17.53 Tractor Operator II 16.56 17.02 17.53 Tractor Operator II (Backhoe) 16.56 17.02 17.53 GROUP D Effective Effective Effective 5-06-89 S-OS-90 5-04-91 *Driver-Operator 13.92 14.31 14.74 GROUP E Effective 5-06-89 Effective 5-OS-90 Effective 5-04-91 After After After Start 6 mos Start 6 mos Start 6 mos Forestry Crew Leader 15.00 --- 15.42 --- 15.88 --- �Tree Trimmer I 13.16 13.53 13.53 13.91 13.94 14.33 �Tree Trimmer II 13.98 14.41 14.37 14.81 14.80 15.25 Tree Worker 14.92 --- 15.34 --- 15.80 --- The 5-06-89 rates in this Appendix "A" represent a 2.75$ increase over the 5-07-88 rates. The S-OS-90 rates in this Appendix "A" represent a 2.8� increase over the 5-06-89 rates. The 5-04-91 rates in this Appendix "A" represent a 3.0� increase over the S-OS-90 rates. *This title abolished except as to present incumbents. - A3 - �� APPENDIX A (continued) Effective upon the effective date of hi contract the following premium pay provisions shall apply: A. Driver-Operators and Street Serv'ce Workers assigned to drive tandem trucks shall receive $.20 per ho r ove their base rate for each hour or any part thereof worked in suc a assignment. B. Any Employee in this bargaining u it assigned to operate a Chipping Hammer shall receive $.20 per hou a ove their regular base rate for each hour or any part thereof wo ked in such an assignment. C. Any Employee in this bargaining u it assigned to operate a Chain Saw, except Employees working und r he titles of Tree Trimmer I, Tree Trimmer II, or Tree Worker shall ec ive $.20 per hour above their regular base rate for each hour or any pa t ereof worked in such an assignment. D. Any Employee in this bargaining u it ssigned to perform the duties of a Tender for a Bricklay o Blocklayer shall receive $.15 per hour above their regular as rate for each hour or any part thereof worked in such an ass g ent. E. Any Groundsworker or Water-Shed La or r assigned to operate a Chipping Machine shall receive $.25 per hou a ove their regular base rate for each hour or any part thereof or ed in such an assignment. F. Any Employee in this bargaining un t equired to work eight (8) feet or lower beneath ground shall re eive $.25 per hour above their regular base rate for each h r r any part thereof worked in such an assignment. This provis'o shall not apply to Employees working under the titles of Ditch D'gg r, Water Serviceman II (Connections) , Water Serviceman II Ma ns) or Water Service Worker II. - A4 - APPENDIX A (continued) - - G. Any Employee in this bargaining unit other than Employees holding regular appointments to the class of Jackhammer Operator, assigned to operate a Jackhammer, shall receive $.20 per hour above their regular base rate for each hour or any part thereof worked in such an assignment. H. Any Employee in this bargaining unit, other than an Employee who holds a regular appointment in the class of Mortar Mixer, assigned to operate a Mortar Mixer, shall receive $.15 per hour above their regular base rate for each hour or any part thereof worked in such an assignment. I. Any Tree Trimmer II in this bargaining unit assigned to operate the large Tree Spade shall receive $.50 per hour above their regular base rate or any part thereof worked in such an assignment. J. Any Tree Trimmer II in this bargaining unit assigned to operate the Stump Chipper shall receive $.50 per hour above their regular base rate or any part thereof worked in such as assignment. K. Any Tree Trimmer II or Tree Worker regularly assigned to the crew performing tree trimming duties in assisting Northern States Power Company shall receive $.40 per hour above their regular base rate or any part thereof worked in such as assignment. L. Any regularly appointed Driver-Operator assigned to operate any of the equipment covered by the abolished class titles listed below shall receive $.03 per hour above their regular base rate for each hour actually worked in such an assignment. *Air Compressor Operator *Bituminous Curb Machine Operator *Mixer Engineer *Roller Engineer (under 6 tons) *Tractor Operator I - AS - -• PENDIX B 1. The hourly rates for temporary Empl ye s working in the classes listed below are as shown: E fe tive Effective Effective -0 -89 5-OS-90 5- 4-91 Bridge Crew Leader 14 83* 15.08* 15.31* Bridge Laborer 14 32* 14.55* 14.77* Ditch Digger 14.58* 14.82* 15.05* Jackhammer Operator 14. 3* 14.67* 14.89* Labor Crew Leader 14.83* 15.08* 15.31* Miner 14. 4* 15.19* 15.43* Miner--Water Department 14. 4* 15.19* 15.43* Mortar Mixer 4. 8* 14.62* 14.84* Parks Worker 4. 3* 14.67* 14.89* Sewer Crew Leader 5. 0* 15.46* 15.70* Sewer Services Worker 4. 8* 14.82* 15.05* Stores Laborer 4. 2* 14.45* 14.66* Street Services Worker 4. 3* 14.67* 14.89* Tunnel Laborer 4. 8* 14.82* 15.05* Water Laborer 4. 2* 14.45* 14.66* Water Service Worker I 4. 2* 14.55* 14.77* Water Service Worker II 4. 8* 14.92* 15.15* For temporary Employees working in the it s listed in (1.) above the following fringe benefit contributions shall be made to e innesota Laborers' Fringe Benefit Fund: Ef ct ve Effective Effective 5- 6- 9 S-OS-90 5-04-91 Health and Welfare $ .4 $1.52 $1.62 Pension .7 1.80 1.90 Vacation .6 ** .65** .70** Training .0 .03 .03 *This rate includes the taxable vacation co tribution. **This contribution is taxable. - 1 - APPENDIX B (continued) .. 2. The hourly wage rates for temporary Employees working the class listed below are as shown: Effective Effective Effective 5-06-89 5-05-90 5-04-91 Plasterer's Tender $17.28* $17.60* $17.91* For temporary Employees working in the title of Plasterer's Tenderer the following Fringe Benefit contributions shall be made to the Minnesota Laborers' Fringe Benefit Fund: Effective Effective Effective 5-06-89 5-05-90 5-04-91 Health and Welfare $1.47 $1.52 $1.62 Pension 1.70 1.80 1.90 Vacation .60** .65*� .70** Training .03 .03 .03 �This rate includes the taxable vacation contribution. **This contribution is taxable. 3. The hourly rates for temporary Employees working in the classes listed below are as shown: Effective Effective Effective 5-06-89 S-OS-90 5-04-91 Asphalt Plant Operator 17.39 17.58 17,81 Backfiller Operator 17.39 17.58 17.81 Bituminous Spreader Operator 17.39 17.58 17.81 Heavy Equip. Oper. --Asphalt Plant 17.39 17.58 17.81 Heavy Equip. Oper. --Water Dept. 17.39 17.58 17.81 Hoisting Engineer 17.39 17.58 17.81 Jet Sewer Cleaner Operator 17.02 17.20 17.42 Motor Equipment Operator 17.39 17.58 17.81 Motor Equipment Oper. -Water Dept. 17.39 17.58 17.81 Motor Patrol Operator 17.39 17.58 17.81 Paving Breaker (Hydra Hammer Oper.) 17.39 17.58 17.81 Power Clam Operator 17.39 17.58 17.81 Power Shovel Operator 17.75 17.95 18.19 Pulvimixer Operator 17.39 17.58 17.81 Pumperete Operator 17.52 17.71 17.94 Roller Engineer (6 tons or over) 17.39 17.58 17.81 Sno-Go Operator 17.39 17.58 17.81 Sweeper Operator 17.39 17.58 � 17.81 Tractor Operator II 17.39 17.58 17.81 Tractor Operator II (Backhoe) 17.39 17.58 17.81 - B2 - � APPENDIX B (continued) _. For temporary Employees working in th t'tles listed in (3.) above the following fringe benefits shall be ma e o Funds designated by IUOE, Local 49: Ef ec ive Effective Effective 5 06 89 S-OS-90 5-04-91 Health and Welfare 1. 5 $1.80 $1.80 Pension 1. 5 1.80 2.05 Apprentice Training . 5 .OS .10 4. The hourly wage rates for temporar E ployees working in classes listed below shall be the same as the wag r tes applicable to provisional, regular and probationary Employees wo king in .said classes as shown in Appendix A: Garden Laborer Gardener Parks Worker Water-Shed Laborer Water Service Worker-Control Des For temporary Employees working in th t tles listed in (4.) above the following fringe benefit contribution s all be made to the Minnesota Laborers' Fringe Benefit Fund: Eff ct e Effective Effective 5- 6- 9 5-05-90 5-04-91 Health and Welfare $ .4 $1.40 $1.40 Pension .6 1.65 1.65 Vacation .5 * .55* .55* The 5-06-89 rates in this Appendix "B' r present a 2.75$ increase over the 5-07-88 rates less any increases in f in e benefit contributions. The S-OS-90 rates in this Appendix "B' r present a 2.88 increase over the 5-06-89 rates less any increases in f in e benefit contributions. The 5-04-91 rates in this Appendix "B r present a 3.0$ increase over the S-OS-90 rates less any increases in f in e benefit contributions. *This contribution is taxable. - B3 - APPENDIX B (continued) • 5. The hourly wage rates for temporary Employees working in classes listed below shall be the same as the wage rates applicable to provisional, regular and probationary Employees working in said classes as shown in Appendix A. Forestry Crew Leader Tree Worker For temporary Employees working in the titles listed in (5. ) above the following fringe benefits shall be made to funds designated by IUOE, Local 49: Effective Effective Effective 5-06-89 5-05-90 5-04-91 Health and Welfare $1.75 $1.80 $1.80 Pension 1.55 1.80 2.05 Apprentice Training .05 .OS .10 6. Regular Employees who are laid off and then called back in to work on a temporary basis shall receive the regular rate of pay as shown in Appendix A for such titles worked and shall continue to earn and accrue City benefits for such hours worked. 7. For temporary Employees working in titles listed in this Appendix "B" whose length of service and earnings require that they be subject to Public Employees Retirement Association contributions, the rate of pay shall be the rate shown in this Appendix "B" for such title divided by 1.04. 8. If the union elects to have the fringe benefit contributions listed in this Appendix "B" increased or decreased, the Employer may adjust the applicable rates accordingly. - B4 - -. .. APP ND X C The following are special provisions for Dr ve -Operator seniority: All Driver-Operators hired subsequent o uly 1, 1970, except the six who were hired with the promotion rights f om the April 7, 1975 eligible list by departments other than Public Works w 11 be laid off at the end of � December 1, 1978. Subsequent to December 1, 1978, the Pu li Works Department shall hire from the layoff list all Driver-Operat rs who will be needed throughout the City for the remainder of the year Subsequent to December l, 1978, all re ns atements and new appointments will be made to the Public Works Depar me t. Department or division promotion rules sh 11 not apply to the classification of Driver-Operator. Any Driver-Operator taking an examinat on on a promotional basis for any other title shall be considered a prom ti nal candidate in the department in which he is working on the date of he examination regardless of the fact that such Employee appears as Dri er Operator on the Public Works Department payroll. In the event that such Employee is tra sf rred to another department after the date of the examination, suc E ployee shall be considered a promotional candidate in the departmen t which he/she is transferred. No change in assignment shall be made ri r to the date of the examination for the purpose of changin t e department in which the Employee qualifies as a promotional ca di ate under this article. Employees appointed from the promotion li t of the March 3, 1978, Truck Driver examination shall have Driver-0 er tor seniority in the same order as the order in which their names appe r n the promotional eligible list from which they were appointed. This oe not apply to Employees appointed from this list to the Board f ducation. - C1 - .- APPENDIX D •- The following are general policies regarding seniority for personnel permanently assigned to the Department of Public Works Street Maintenance and Sewer Maintenance Divisions and the Department of Community Services, Parks and Recreation Division in the classifications of Driver-Operator, Laborer, Street Services Worker, Sewer Services Worker, Groundsworker, Parks Worker, Tree Trimmer II, Power Clam Operator and Tree Worker. While these general policies are normally followed when making job assignments, the Employer shall not be required to accept the most senior bidder or to assign the least senior Employee when considering such factors as the duration of the assignment, overtime considerations (if any) and the productivity needs of the utilizing division when making job assignments. Qualifications will be determined by the Public Works Department and Community Services Department based on actual job performance, civil service certifications, etc: A. Department of Public Works 1. Class seniority in the Driver-Operator and Laborer titles shall take precedence over the Street Services Worker and Sewer Services Worker titles for all work assignments. This includes Heavy Equipment Operators who also hold the title of Driver-Operator and who are reduced to the title of Driver-Operator. 2. Class seniority in the titles of Driver-Operator and Street Services Worker shall be used to make temporary job assignments for Heavy Equipment Operator positions in the Street Maintenance Division. 3. Class seniority shall be used for bidding the average seasonal Driver-Operator job assignments of a primary nature and a minimum of seventy-five (75) percent of the "permanent" seasonal Driver-Operator - Dl - _+ � APPENDIX D (continued) jobs will be assigned by class seni ri y. Exceptions may be made in order to assign personnel with wor li itations. 4. Assignment to a shift eligible for hi t differential premium pay shall be made based on class senio 'ty. Senior Employees in the affected class shall not be require t accept such assignment if there are Employees in such class 'th less class seniority. B. Department of Communitv Services l. Class seniority in the Groundsworke a d Driver-Operator titles shall take precedence over the Parks Wor r itle in filling Groundsworker and Driver-Operator positions respe ti ely. In the event of a layoff in the title of Groundsworker or i th title of Parks Worker, for Employees who are certified to the it e of Groundsworker and who are then certified to the new title of ar s Worker, their seniority in the title of Groundsworker shall pr va 1. 2. Class seniority in the Tree Trimmer II and Power Clam Operator titles shall take precedence over Tree Wor er title for assignment to Tree Trimmer II or Power Clam Operator d ti s respectively. In the event of a layoff in the title of Tree Tr mm r II or in the title of Tree Worker, for Employees who are certi ie to the title of Tree Trimmer II and who are then certified to th n w title of Tree Worker, their seniority in the title of Tree Tri er II shall prevail. 3. Assignment to a shift eligible for hi t differential premium pay shall be made based on class senior ty Senior Employees in the affected class shall not be require t accept such assignment if there are Employees in such class w th less seniority. - D - WHITE - C�TV CLERK COUl1C11 � PINK - FINANCE GITY OF A NT PAUL CANARV - DEPARTMENT � BLUE - MAVOR File NO• Co�n 'l solution � � � : � r _Y Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Saint Pa 1 City Council does hereby consent to and approve of the ap ointments, made by the Mayor, of the following-named person t serve on the Youth and Athletic Sports Fund Board to fi 1 vacancies due to �,. resignations in the following ca egories. � WARD 6-- DU T MEMBER Rudy Moh la t AT LARGE -Y UTH MEMBER John Kil These terms shall expire Dece b 31 , 1989. ' COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond [.oag [n Favor Goswitz Rettman O' s�he;y�e� _ Against BY Sonnen Wilson MAY 1 � � Form Acpproved by Attorney Adopted by Council: Date � � � Certified Pas e b c.il Sec ar By BY j�� Appro by AAavor: "^� � � Appr by Mayor for S is on t ouncil PUBtISH� P��AY `' t 19 8 . . . . . .. ..� V • ��` .G . � � • � �I� Q1Q987 � Mayor' s Of f ice DEPARTMENT • Ora Lee Pattersan . CONTACT N 298-4323 � PHONE � Mav 4, 19 8 9 DATE ASSIGN NUMBER FOR ROtJTING ORDER: (Ses r ve se side'.) _ Department Director 1 Ma.yor (or Assistant) _ Finance and ll�iaanagemant Services Dire to 4 City Clerk Budget Director 3 CounC,�.lmeiaber 2 City Attorney _ TOTAL NUMBER OF SIGNA�TIIRE PAGES: 1 ( li all locations for aignatare.) � 0 0 t (Purpose/RYationale) Two members will be appointed to h Youth and Athletic Sports Fund Board: WARD 6-Adult Member: Rudy Mohrla t AT LARGE-Youth Member: John Kill These terms expire 12-31-89. CO GE ND P SO EL P S D: N/A � INANC OUR D UD AC V ER C G +0 D: (Maqor's signature not required if under $1 ,000.) Total Amount of Transgction: Activity Number: N Funding Source: ATTACHMENTS: (List and number all attac me ts.) Councii Research Center. 1 Council Resolution ��AY O 5 ��a9 ADMINISTRATIVE PROCEDURES _Yes �No Rules, Regulations, Pr ce ures, or Budget Amendment required? _Yes _No If yes. are they or ti et ble attached?• DEPARTMENT REVIEW CITY ATTORNEY REVIEW • X X Yes _No Council resolution requi ed Resolution required? �Yes _No _Yes X No Insurance required? Insurance sufficient? _Yes X No _Yes _No Insurance attached? . � �t . . . . . . . "_� � . , . , , 'M HOW TO QSE THE GRBEN SHEET ' . ' � � . _. w'y r � - . , The GREEN SHEET hgs thrse PDRPOSES: . 1. to assist ia routiag documeat� and in securing reguired signatures; 2. to brief the revisMers of documants on the impacts of approval; • 3. to help easure that ascessary supporting materials are prepared and, if required, � attached. . Providing complete information under the listed headings enables revieaers to make decisions on the documents and eliminates �oiloM-up contacts that may delay execution. Baloa is the p�eferred ROD?Ii�G for the five most frequent .tppes of docwnents: CONTRACTS (assumes autl�arized budget exi�ts) 1. Outside Agency 4. Mayor 2. Initiating Department 5. Finance Director 3. City Attorney 6. I�inat�ce Accounting Note: If a CONTRAC'� amount is less than $1t�.040, the Mayor's signature i�s not required, if the department diractor signs. A contract must al�ays be signed by the outside agency before routing through Citq offices. ��NISTRATIVE ORDER (Bxtdget Revision) ADMINISTRATIVE ORDER (all others) .1. Activitq Manager 1. Initiating Department 2. Department Accoutttant 2. City Attorney 3. Department Director 3. Mayor/Assistant 4. Budget Director 4. City Clerk 5. City Clerk 6. Chief Accountant, Finance and Management Services COUNCIL RFSOLUTION (Budget Amendmant/Grant Acceptance) �COUNCIL RESOLUTION (all others) 1. Department Director 1. Department Director 2. Budget Director 2. Citq Attorney 3. City Attomey 3. Maqor/Assistant 4. Mayor/Assistant 4. City Clerk 5. Chair, Finance, 1�[gmt. , and Pers. Cte. 5. Citq Council 6. City Clerk 7. City Council 8. Chiaf Accountaat, Finance and Management Services The COST�BENEFIT. BUDGE�ARY. AND P13RSQNNEL IMPAGTS heading provides space to exglain the cost/benefit aspects of the decision. Costs and bsnefits relate both to City budget (General Fund and/or Special Funds) and to broader financial impacts (eost to users, homeo�mers, or other groups affected by the action). The personnel imgact is a description of change or shift of Buil-Time Equivalent (FTE) positions. The �QDMINISTRATIQE PROCEDURES section must be completed to indicate whether additional administrative procedures, including rules, regulations, or resource proposals are necessary for implementstion of an ordinance or resolution. If qes, the procedures or a timetable "for the completion of procedures must be attached. SOPPORTING MATERIALS. In the ATTACHMENTS section, identify all attachments. If the Green Sheet is �ell done, no letter of transmittal need be included (unless signing �uch a letter is one of the requested actions) . Note: If an agreement requires evidence of instirance/co-insurance, a Certificate of Insuran�e should be ox►e of the attachments at time of routing. Nate: Actions which require Citq Council resolutions include contractual ralationships with other governmental units; coZlective bargaining contracts; purchase, sale, or lease of land; issuance of bonda by 6ity; eminent dotnain; assumption of liability by City, or , granting by �City of indemnificatian; agreements with state or federal government under vhich they are providing funding; budget amendments. ���"�'°��a� CITY OF SAINT PAUL _~.`G1T1 O�:i�i �� �; OFFICE OF THE CITY CLERK �� ii�i �� y+� �s ALBERT B. OLSON, CITY CLERK ,. - �''anu,T��',,��''� 386 City Hall,Saint Paul,Minnesota 55102 612-298-4231 GEORCE LATIMER M/►YOR 1�E'PINGS F0�12 THE WffiC OF ALiGOST 14T9 T�2D ALiC�JST 18. 1989 MO�A]DAY August 14th Fire Plan Task Force 3:30 P.M. Room 316, City Hall ZUI�SDAY—August 15th City Council 9:00 A.M. Council Chambers Metropolitan Waste Control Comm. 2:00 P.M. 300 Metro Square Bldg. W�SDAY—August 16th Advisory Cte. on Environmentally 7:45 A.M. Hennepin County Government Center Acceptable Packaging Room C-2300 Public Works Utilities:afld 9:00 A.M. Room 707, City Hall Transportation Cte. Public Housing Agency 9:00 A.M. 350 Gilbert Bldg. Bd. of Com�nissioners � Neighborhood & Housing Cte. 11:30 �.M. lOth Floor, City Hall Annex Coc�nunity & Human Services Cte. 1:30 P.M. Council chambers Ramsey Cnty. League of Local Gov'ts. 7:30 P.M. Little Canada City Hall "How do State & County Figure Property 515 E. Little Canada Rd. Taxes: Assessed Valuation Comp. TB[)RSDAY—August 17th City Council 9:00 A.M. Council Chambers Metropolitan Mosquito Control Comm. 9:00 A.M. 2380 Wycliff Zoning Cte. 3:30 P.M. Council Chambers FRIDAY August 18th Rules & Policy Cte. 10:00 A.M. Room 707, City Hall Interpreter service for the hearing impaired will be provided at public meetings upon request. Request can be made by calling 298-4747 (Voice and TTY) Monday thru Friday, 8:30 A.M. to 4:30 P.M. A minimum of two days notice is required. _ / ,� � � APPENDIX A (continued) � V' A Street Services Worker assigned to perfor t e duties of the following abolished titles shall receive a premium as sh wn below. Abolished Title Premium *Asphalt Raker .45 per hour *Asphalt Shoveler .10 per hour *Kettle Fireman .10 per hour *Sewer Maintenance Laborer .25 per hour *Tamper .30 per hour *Vibrator Operator .10 per hour G OU B Effec iv Effective Effective 5-06 89 5-05-90 5-04-91 *Air Compressor Operator 13. S 14.34 14.77 *Bituminous Curb Machine Operator 13. 5 14.34 14.77 *Mixer Engineer 13. 5 14.34 14.77 �Roller Engineer (Under 6 tons) 13. 5 14.34 14.77 �Tractor Operator I 13. 5 14.34 14.77 *This title abolished except as to pres nt incumbents. . - A2 - APPENDIX A (continued) • GROUP C Effective Effective Effective 5-06-89 S-OS-90 5-04-91 Asphalt Plant Operator 16.56 17.02 17.53 Backfiller Operator 16.56 17.02 17.53 Bituminous Spreader Operator 16.56 17.02 17.53 Heavy Equip. Operator 16.56 17.02 17.53 Heavy Equip. Operator--Asphalt Plant 16.56 17.02 17.53 Heavy Equip. Operator--Water Dept. 16.56 17.02 17.53 Hoisting Engineer 16.56 17.02 17.53 Jet Sewer Cleaner Operator 16.19 16.64 17.14 Motor Equip. Operator 16.56 17.02 17.53 Motor Equip. Operator-Water Dept. 16.56 17.02 17.53 Motor Patrol Operator 16.56 17.02 17.53 Paving Breaker (Hydra Hammer Operator) 16.56 17.02 17.53 Power Clam Operator 16.56 17.02 17.53 Pulvimixer Operator 16.56 17.02 17.53 Pumperete Operator 16.65 17.12 17.63 Revolving Power Equipment Operator 16.76 17.23 17.75 Roller Engineer (6 tons or over) 16.56 17.02 17.53 Snow-Go Operator 16.56 17.02 17.53 Sweeper Operator 16.56 17.02 17.53 Tractor Operator II 16.56 17.02 17.53 Tractor Operator II (Backhoe) 16.56 17.02 17.53 GROUP D Effective Effective Effective 5-06-89 5-05-90 5-04-91 *Driver-Operator 13.92 14.31 14.74 GROUP E Effective 5-06-89 Effective S-OS-90 Effective 5-04-91 After After After Start 6 mos Start 6 mos Start 6 mos Forestry Crew Leader 15.00 --- 15.42 --- 15.88 --- �Tree Trimmer I 13.16 13.53 13.53 13.91 13.94 14.33 �Tree Trimmer II 13.98 14.41 14.37 14.81 14.80 15.25 Tree Worker 14.92 --- 15.34 --- 15.80 --- The 5-06-89 rates in this Appendix "A" represent a 2.75$ increase over the 5-07-88 rates. The 5-05-90 rates in this Appendix "A" represent a 2.8$ increase over the 5-06-89 rates. The 5-04-91 rates in this Appendix "A" represent a 3.0� increase over the S-OS-90 rates. �This title abolished except as to present incumbents. - A3 - ARTICLE XXIII - TERMS OF AGREEMEN ' 23.1 The Employer and the Union ac no ledge that during the meeting and negotiating which resulted in th's Agreement, each had the right and opportunity to make proposals it respect to any subject concerning the terms and conditions of em lo ent. The agreements and understandings reached by the ar ies after the exercise of this right are fully and completely set f t in this Agreement. Any and all prior agreements, resolutions, practi es policy or rules or regulations regarding the terms and conditi ns of employment to the extent they are inconsistent with this Agreemen a hereby superseded. In those areas where Civil Service Rules are no i consistent with this Agreement, the Civil Service Rules shall contin e o be in effect. 23.2 Except as herein provided this A ree ent shall be effective as of the date it is executed by the partie a d shall continue in full force and effect thru April 30, 1992, and t er after until modified or amended by mutual agreement of the parties. Ei er party desiring to amend or modify this Agreement shall notify th other in writing so as to comply with the provisions of the Public mp oyment Labor Relations Act of 1971. - 38 - . ��b 3� ARTICLE XXII - STRIKES, LOCKOUTS, WORK INTERFERENCE � V� 22.1 The Unions and the Employers agree that there shall be no strikes, 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 without first using all possible means of peaceful settlement of any controversy which may arise. - 37 - ARTICLE XXI - LEGAL SERVICES � 21.1 Except in cases of malfeasance in of ic or willful or wanton neglect of duty, the Employer shall defend, av harmless and indemnify an Employee, and/or his estate, against an claim or demand, whether groundless or otherwise, arising out of an alleged act or omission in the performance and scope of the Emp oy e's duties. - 36 - ^ f ICLE XX - MATERNITY LEAVE � ART � 20.1 Maternity Leave. Maternity is defined as the physical state of pregnancy of an Employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event of an Employee's pregnancy, the Employee may apply for leave without pay at any 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. - 35 - ARTICLE XIX - SICK LEAVE ' 19.1 Sick leave without pay may be granted in accordance with the provisions of Section 20H of the Civil Service R le for a period up to but not to exceed three years. - 34 - . /� ARTICLE XVIII - JURISDICTION �� 18.1 Disputes concerning work jurisdiction between and among Unions is V` recognized as an appropriate subject for determination by the various Unions representing Employees of the Employer. 18.2 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. 18.3 Any Employee refusing to perform work assigned by the Employer shall be subject to disciplinary action as provided in Article VII (DISCIPLINARY PROCEDURES) . 18.4 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. 18.5 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. - 33 - .. ARTICLE XVII - SAVINGS CLAUSE � 17.1 This Agreement is subject to the law o the United States, the State of Minnesota, and the City of Saint au . In the event any provision of this Agreement shall hold to be cont ar to law by a court of competent jurisdiction from whose final judgme t r decree no appeal has been taken within the time provided, such pr vision shall be voided. All other provisions shall continue in f 11 force and effect. - 2 , � _ �3 ARTICLE XVI - WAGES �� � wa e ates a end'x A shall be aid " 16.1 The basic hourly g r s established by App i p for all hours worked by provisional, regular and probationary Employees. 16.2 The basic hourly wage rates as established by Appendix B shall be paid for all hours worked by temporary Employees. - 31 - ARTICLE XV - SEVERANCE PAY (continued) " for each day of accrued sick leav s ject to a maximum as shown below based on the number of years o service in the City. Years of Service with the Citv Ma imum Severance Pa At Least 20 $4,000 21 4,600 22 5,200 23 5,800 24 6,400 25 7,000 15.13 For the purpose of this severance p og am, a death of an Employee shall be considered as separation o e ployment, and if the Employee would have met all of the requireme t et forth above, at the time of his or her death, payment of the se erance pay shall be made to the Employee's estate or spouse. 15.14 For the purpose of this severance p og m, a transfer from the City of Saint Paul employment to Indepen en School District No. 625 employment is not considered a sepa ti n of employment, and such transferee shall not be eligible fo th City severance program. 15.15 The manner of payment of such severa ce pay shall be made in accordance with the provisions of Ci y rdinance No. 11490. 15.16 This severance pay program shall be ub ect to and governed by the provisions of City Ordinance No. 114 0 xcept in those cases where the specific provisions of this arti le conflict with said ordinance and in such cases, the provisions of th s article shall control. - 30 - i� � ARTICLE XV - SEVERANCE PAY (continued) � � 15.10 For Employees appointed to a title covered by this Agreement on or after May 1, 1989, the Employer shall provide only the severance pay program as set forth in 15.11 through 15.16. 15.11 To be eligible for the severance pay program, an Employee must meet the following requirements: 15.11.1 The Employee must be voluntarily separated from 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 are not eligible for the City severance pay program. 15.11.2 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. 15.11.3 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. 15.12 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 amount equal to one-half of the daily rate of pay for the position held by the Employee on the date of separation - 29 - ARTICLE XV - SEVERANCE PAY (continued) 15.4 For the purpose of this severanc p ogram, a death of an Employee shall be considered as separati employment, and if the Employee would have met all of the requi em nts set forth above, at the time of his or her death, payment of th severance pay will be made to the Employee's estate or spouse 15.5 For the purpose of this severa e rogram, a transfer from the City of Saint Paul employment to In p dent School District No. 625 employment is not considered a se aration of employment, and such transferee shall not be eligib 'e or the City severance program. 15.6 The manner of payment of such ev rance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 15.7 This severance pay program sh 11 e subject to and governed by the provisions of City Ordinance o. 11490 except in those cases where the specific provisions of th s rticle conflict with said ordinance and in such cases, the provis on of this article shall control. 15.8 The provisions of this articl s all be effective as of May 31, 1984. 15.9 Any Employee hired prior to ay 1, 1984 may, in any event, and upon meeting the qualificati ns of this article or City Ordinance No. 11490, as amended by Cit 0 dinance No. 16303, section 1, section 6, draw severance pa . However, an election by the Employee to draw severance pay under it er this article or the ordinance shall constitute a bar to r ei ing severance pay from the other. 2 - ,�A i� ARTICLE XV - SEVERANCE PAY (�v, �/ U 15.1 The Employer shall provide a severance pay program as set forth vK in this Article. 15.2 To be eligible for the severance pay program, an Employee must meet the following requirements: 15.2.1 The Employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" or the "rule of 85" provisions of the Public Employees Retirement Association (PERA) . The "rule of 90" criteria shall also apply to Employees covered by a public pension plan other than PERA. 15.2.2 The Employee must be voluntarily separated from 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 are not eligible for the City severance pay program. 15.2.3 The Employee must have at least ten (10) years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this Article, employment in either the City or in the Independent School District No. 625 may be used in meeting this ten (10) year service requirement. 15.2.4 The Employee must file a waiver of reemployment with the Director of Personnel, 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. 15.2.5 The Employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 15.3 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 amount equal 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 maximum of $6,500. - 27 - ARTICLE XIV - JURY DUTY � 14.1 Any Employee who is required du 'ng his regular working hours to appear in court as a juror or witness e ce t as a witness in his own behalf against the Employer, shall be p id his regular pay while he is so engaged, provided however, that y ees that the Employee may receive from the court for such service s al be paid to the City and be deposited with the City Finance D re tor. Any Employee who is scheduled to work a shift, other than the n m daytime shift, shall be rescheduled to work the normal day im shift during such time as he is required to appear in court as a j ro or witness. - 26 - - �� ARTICLE XIII - HOLIDAYS (continued) �Q` 13.4 The ten (10) holidays shall be considered non-work days. 13.5 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 8.4 (Call-in-Pay) . 13.6 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. 13.7 Notwithstanding Article 13.1, the Employer may at anytime during the life of this Agreement designate the Day after Thanksgiving as a paid holiday. In the event of such designation, the Columbus Day holiday shall be deleted from the paid holidays list as set forth in Article 13.1. - 25 - ARTICLE XIII - HOLIDAYS 13.1 The following twelve (12) days sh ll be designated as holidays: New Year's Day, January 1 Martin Luther King Day, Thir Mo day in January (effective 1986) Presidents' Day, Third Monday in February Memorial Day, last Monday in ay Independence Day, July 4 Labor Day, first Monday in Se te ber Columbus Day, second Monday i 0 tober Veterans' Day, November 11 Thanksgiving Day, fourth Thur a in November Christmas Day, December 25 Two floating holidays Eligible Employees shall receive pa f r each of the holidays listed above, on which they perform no wor . en New Year's Day, Independence Day or Christmas Day falls on a Sun y, the following Monday shall be considered the designated holiday. e any of these three (3) holidays falls on a Saturday, the preceding F id y shall be considered the designated holiday. 13.2 The floating holidays set forth in Se ti n 13.1 above may be taken at any time during the contract year, su je t to the approval of the Department Head of any Employee. 13.3 Eligibility Requirements. In order t be eligible for a holiday with pay, an Employee's name must appear on th payroll on any six working days of the nine working days precedin t e holiday; or an Employee's name must appear on the payroll the la t orking day before the holiday and on three other working days of the i working days preceding the holiday. In neither case shall the hol da be counted as a working day for the purposes of this section. It i f rther understood that neither temporary, emergency nor other Employee n t heretofore eligible shall receive holiday pay. - 24 - /� ICLE XII - VACATIONS � � ART �K v� 12.1 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 lSth year .0577 (15 days) 16th year thru 25th year .0808 (21 days) 26th year and thereafter .0847 (22 days) For Employees appointed prior to January 1, 1967, years of service will be defined to mean the number of years since the date of appointment. For Employees appointed on or after January 1, 1967, years of service shall be determined by the actual number of hours worked. 12.2 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) . 12.3 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I (one) , Subsection H. 12.4 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. 12.5 The maximum number of days' vacation allowed by the conversion of sick leave credits shall be no more than five days on any one year so that the maximum vacation time which may be taken in any one year shall be thirty-seven days including the regular vacation period. - 23 - ARTICLE XI - SENIORITY (continued) f C. It is further understood that a la d ff Employee shall have the right to placement in any lower-pa'd ass title in this bargaining unit, provided said Employee has b n reviously certified and appointed in said lower-paid class it e. In such cases, the Employee shall first be placed on a re nstatement register and shall have "Class Seniority" based n he date originally certified and appointed to said class. Employ es may also apply for positions in a lower class but may, neverthel ss return to original class as provided in paragraph (A) above. D. The provisions of Appendix C shall pp to the classification of Truck Driver. 11.4 To the extent possible, vacation periods ha 1 be assigned on the basis of "Class Seniority", within each class, y ivision. It is, however, understood that vacation assignments shal b subject to the ability of the Employer to maintain operations. 11.5 Promotions shall be handled in accordance wi h current Civil Service Rules and practices. However, the Water ti ity may promote and assign a member of a rotating emergency or night cr holding the secondary title of Water Service Worker-Control Des to a temporary Water Service Worker-Control Desk vacancy on his assigne c ew without reference to his seniority in that title. Regular perm ne t promotions will continue to be made in order of seniority in title. - 22 - /� ARTICLE XI - SENIORITY Q� ��J u � �� 11.1 Seniority, for the purpose of this Agreement, shall be defined as follows: A. "City Seniority" - The length of continuous, regular and probationary service with the Employer from the last date of employment in any and all class titles. B. "Class Seniority" - The length of continuous, regular and probationary service with the Employer from the date an Employee was first certified and appointed to a class title covered by this Agreement, it being further understood that class seniority is confined to the current class assignment held by an Employee. 11.2 Seniority shall terminate when an Employee retires, resigns, or is discharged. 11.3 A. 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 division based on inverse length of "Class Seniority" . Recall from layoff shall be inverse order of layoff, except that recall rights shall expire after two years of layoff. B. Zn cases where there are promotional series, such as Unskilled Laborer, Crew Leader, etc. , when the number of Employees in these higher titles is to be reduced, Employees who have held lower titles which are in this bargaining unit will be offered reductions to the highest of these titles to which class seniority would keep them from being laid off, before layoffs are made by any class title in any department. - 21 - ARTICLE X - EMPLOYEE RIGHTS - GRIEVANCE P OC URE (continued) modifying or varying in any way the p 'cations of laws, rules, or regulations having the force and eff t f law. The arbitrator's decision shall be submitted in writi 'thin thirty (30) days following close of the hearing or the submissi o briefs by the parties, whichever be later, unless the parti ree to an extension. The decision shall be based solely on th ar itrator's interpretation or application of the express terms of is Agreement and to the facts of the grievance presented. The decisio o the arbitrator shall be final and binding on the Employer, the Unio , nd the Employees. 10.6 The fees and expenses for the arbitra or's services and proceedings shall be borne equally by the Employe a d the Union, provided that each party shall be responsible for c mp nsating its own representatives and witnesses. If either party desir s verbatim record of the proceedings, it may cause such a reco d o be made, providing it pays for the record. 10.7 The time limits in each step of this ro edure may be extended by mutual agreement of the Employer and he Union. 10.8 It is understood by the Union and the Em loyer that a grievance may be determined by either the grievance pr ce ure 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 pr cedure it shall not again be submitted for arbitration under the C vi Service Rules. If an issue is determined by the provisions of the C vi Service Rules it shall not again be submitted for arbitration un er this grievance procedure. - 20 - _ �]�� ARTICLE X - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) �vi , � 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 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. 10.5 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 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 arbitrator shall be without power to make decisions contrary to or inconsistent with or - 19 - ARTICLE X - EMPLOYEE RIGHTS - GRIEVANCE PR CEDURE (continued) - informal discussion it m y e reduced to writing and referred to Step 2 by the Union. Th written grievance shall set forth the nature of the ri vance, the facts on which it is based, the alleged secti n( ) of the Agreement violated, and the relief requested. A y lleged violation of the Agreement not reduced to writing b t e Union within seven (7) calendar days of the first occurr nc of the event giving rise to the grievance or with the us o reasonable diligence should have had knowledge of th f rst occurrence of the event giving rise to the griev nc , shall be considered waived. Step 2. Within seven (7) calenda d ys after receiving the written grievance a designated E pl yer supervisor shall meet with the Union Steward and at em t to resolve the grievance. If, as a result of this meet ng, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days follow ng this meeting. The Union may refer the grievance in w it' g to Step 3 within seven (7) calendar days following ec ipt of the Employer's written answer. Any grievance n t ferred in writing by the Union within seven (7) calenda ' d s following receipt of the Employer's answer shall e nsidered waived. Step 3. Within seven (7) calenda d s following receipt of a grievance referred from Step 2 a d si ated Employer supervisor shall meet with the Union Busi ss Manager or his designated representative and attem resolve the grievance. Within seven (7) calendar days 11 wing this meeting the Employer - 18 - i� " ARTICLE X - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE L�� � V 10.1 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. 10.2 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 during 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. 10.3 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. 10.4 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 - 17 - ARTICLE IX - INSURANCE (continued) � included in the computation of fringe be efit cost deductions indicated in Appendix A. 9.17 It is the intention of the Employer t e tablish and implement a plan through which a variety of selected i su ance coverages can be made available and paid for by both Employ r nd Employee contributions. The selection will be limited to the insu an e plans available to and offered by the Employer and must be selected ' e priority order identified by the Employer. This plan may include b th an approved health care and dependent care spending account. Empl ye contributions made toward the cost of the selected insurance coverag s ay be made on a pre-tax basis. Participation in such plan must be uni -w de. In the event that the members of this bargaining unit elect s group not to participate in such plan, the Employer's contribution to ard insurance coverages shall remain in accordance with Article 9.2 f his Agreement. In the event the Employer does not mak a ilable the aforementioned plan by January 1, 1990, the Employer n ibution for each full-time Employee who selects family hospital-me ic 1 insurance coverage will be increased to $200.00 per month effec iv March 1, 1990. - 16 - rAi� ' ARTICLE IX - INSURANCE (continued) �v, V- 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 with the City at the time of their retireraent, the Employer will discontinue providing any health insurance contributions upon their retirement or in the case of early retirees upon reaching age 65. 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. 9.12 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. 9.13 The contributions indicated in this Article 9 shall be paid to the Employer's Group Health and Welfare Plan. 9.14 Any cost of any premium for any City-offered Employee or family insurance coverage in excess of the dollar amounts stated in this Article 9 shall be paid by the Employee. 9.15 Any Employee having ten or more years of service with the Employer who becomes ill or injured so as to be unable to continue working and has exhausted all his sick leave and vacation shall be eligible for City paid health and welfare benefits for a maximum of three years. 9.16 Notwithstanding the benefits granted in this article, the cost to the Employer for the insurance coverages in Articles 9.1 thru 9.15 shall be - 15 - ARTICLE IX - INSURANCE (continued) • 9.9 In addition to meeting the eligibi it requirements stated in 9.8.1 and 9.8.2 above, retiring Employees mu t lso meet the following condition in order to be eligible for the ea ly retiree insurance benefits set forth in Articles 9.6 and 9.7. 9.9.1 Must be at least 58 year o age and have completed 25 years of employment with the City of Saint Paul 0 The combination of their ag and their years of service must equal eighty-five (85) o m re. 0 Must have completed at 1 as thirty (30) years of service. 9.10 Full-time Employees who retire and wh meet the conditions set forth in 9.8.1 and 9.8.2 but who meet no e f the conditions set forth in 9.9.1, shall be eligible for the 11 wing percentages of the amount contributed by the Employer towar he lth insurance for active Employees in the same health plan. Such re re s shall be eligible for such contribution until they reach six - 've (65) years of age. Combination of Age Con i tion For Contribution For and Years of Service Sin le overa e Family Coverage 84 9 90� 83 8 � 80� 82 7 � 70$ 81 6 $ 60� 80 5 $ 50� 9.11 For Employees who retire at the ge of 65 or older or for early retirees upon reaching age 65, a d o have completed at least ten (10) years of service with t e ity at the time of their retirement, the Employer will pr vi e health insurance contributions toward Employee health insurance pl ns as are provided by the Employer - 14 - . � ('�i� - ,�i (l"1 ARTICLE IX - INSURANCE (continued) ,��( v lJ` as appearing on the payroll at least 20 hours but less than 32 hours per week or at least 40 hours but less than 64 hours per pay period excluding overtime hours. An Employee will be considered half-time only if such Employee is assigned to a position which is regularly assigned half-time hours. 9.5 For each eligible Employee the Employer agrees to contribute the cost of $5,000 of life insurance coverage. 9.6 The Employer will for the period of this Agreement provide for full-time Employees who retire after the time of execution of this Agreement and until such Employees reach sixty-five (65) years of age such health and life insurance contributions as are provided by the Employer for active Employees under this Agreement. 9.7 The Employer will for the period of this Agreement provide for half-time Employees who retire after the time of execution of this Agreement and until such Employees reach sixty-five (65) years of age fifty percent (50$) of such health insurance contributions and life insurance contributions as are provided by the Employer for full-time Employees who retire under this Agreement. 9.8 Employees 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 Articles 9.6 and 9.7. 9.8.1 Be receiving benefits from a public employee retiree act at the time of retirement. AND 9.8.2 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. - 13 - ARTICLE IX - INSURANCE ' 9.1 The Employer will continue for the pe io of this Agreement to provide for Employees such health and life in ur nce benefits as are provided by Employer at the time of execution of hi Agreement. 9.2 For each eligible Employee covered by th s Agreement who is employed full-time and who selects Employee he lt insurance coverage, the Employer agrees to contribute the cos o such coverage or $70.00 per month, whichever is less. Effective an ary l, 1990, the $70.00 per month maximum Employer contribution s al be increased to $85.00 per month. For each full-time Employee o elects family health insurance coverage, the Employer will contribu e e cost of such family coverage or $180.00 per month, whichever is 1 ss. Effective January 1, 1990, the $180.00 per month maximum Employ r ontribution shall be increased to $185.00 per month. 9.3 For the purpose of this Article, ful -t me employment is defined as appearing on the payroll at least 32 ho rs per week or at least 64 hours per pay period excluding overtime ho rs 9.4 For each eligible Employee covered b t is Agreement who is employed half-time who selects Employee insur nc coverage, the Employer agrees to contribute fifty percent (50�) of t ount contributed for full-time Employees selecting Employee covera e ' the same insurance plan. For each half-time Employee who selects f ily insurance coverage, the Employer will contribute fifty perc nt (50$) of the amount contributed for full-time Employees selecting f i y coverage in the same insurance plan. For the purpose of this Arti le half-time employment is defined - 12 - i� • ARTICLE VII - HOURS, PREMIUM PAY (continued) �� � 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 solely by the Employer. The time and one-half overtime rate shall be based on the total rate, including any premium pay, being earned during the overtime hours worked. 8.6 A premium pay of fifty-cents ($.50) per hour shall be paid for all swing stage work, such as work performed from a boatswain's chair or a swing scaffold or hazardous work that requires the use of a safety belt fifty (50) feet or more above the ground. All standard safety laws shall be complied with. 8.7 The work break shall not exceed fifteen (15) minutes from the time the Employee stops working until he resumes work, and shall be taken in close proximity of the Employee's work station. - 11 - ARTICLE VIII _ HOURS, PREMIUM pAy 8•1 The normal work da y shall be eight (g excludin consecutive hours per day, g a thirty (30) minute lun h eriod, except for Employees assigned to the 4 /40 shift where t e consecutive �rmal work day shall be hours per day, excludi ten (10) g thirty (30� minute lunch period. The normal work week shall be five �5) consecutive normal work days in any seven (7) day Period except fo where the ees ned normal work week shall be f loy assig to the 4/40 shift days in an ° r consecutive ten (10) hour work y seven (7) da y period. Fo Em loy shall be construed to P ees on a shift mean basis this an avera e f fort y hours a week. ) 8•2 Except in cases of emergencies, the ' Union Em 1oyer shall notify the affected of an intention to change a s ift beginnin at least 24 hours prior g of the new shift, to the 8.3 Employees shall report to work locat on as Em lo assigned b P yer supervisor. During the nor y a designated al work day EmPloyees may be assigned to other work locations at he discretion of the Employer. 8•4 Call-in-Pa Y• When an Emplo ee Y is calle to work hours' pay if not he shall receive two put to work. If he work is called to work and commences , he shall be guaranteed four str provisions lg t time hours' pay, These , however, shall not be eff ct ve when proceed because of WOrk is unable to adverse weather co d- 1 ions. 8•S Overtime. Time on the Payroll in exc above shall be �� S f the normal overtime work" hours set forth and sha 1 e done onl head of the department, y bY order of the An Employee s al be recompensed for work done - 10 - Employer. _ g _ � /� � S �/ __.. �,TT _ DISCIPLINE PROCEDURE _` ^�„�e only. Discipline � � �,� ARTICLE V MANAGEMENT RI HTS � 5.1 The Union reco nizes the ri ht of the Em lo er to o erate and mana e � g g P Y P g its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the Employer has not officially abridged, delegated, or modified by this Agreement are retained by the Employer. 5.2 A public Employer is not required to meet and negotiate on matters of inherent managerial policy, which include but are not limited to, such areas of discretion of policy as the functions and programs of the Employer, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. 5.3 If the Unions enter into any Agreements with any individual Employer or group of Employers for less favorable wages, hours or conditions than herein specified, the Unions shall immediately furnish a copy of any such Agreement to the City or if the City comes upon such an Agreement, the City may effective upon ten (10) days' notice to the Unions apply all or part of such Agreement as the new Agreement between it and the Unions. - 7 - ARTICLE IV - PAYROLL DEDUCTION - 4.1 The Employer shall, upon request of an E ployee in the unit, deduct such sum as the Union may specify for e urpose of initiation fees and dues to the Union, providing the U 'on uses its best efforts to assess such deductions in as nearly uni or and standard amounts as is possible. The Employer shall remit mont ly such deduction to the appropriate designated Union. 4.2 In accordance with M.S.A. 179.65, Subd. 2, the Employer agrees that upon notification by the Union, the Emp ye shall deduct a fair share fee from all certified Employees who are no members of the exclusive representative. In no instance shall the re uired contribution exceed a pro rata share of the specific expenses nc rred for services rendered by the representative in relationship to ne otiations and administration of grievance procedures. 4.3 The Union will indemnify, defend and hol th Employer harmless against any claims made and against any suits ins it ted against the Employer, its officers or employees, by reason of n gl gence of the Union in requesting or receiving deductions under hi Article. The Employer will indemnify, defend and hold the Union ha mless against any claims made and against any suits instituted aga'ns the Union, its officers or employees by reason of negligence on t p rt of the Employer in making or forwarding deductions under this Ar icle. - 6 - /� ' ARTICLE III - UNION RIGHTS � � 3.1 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 10 (GRIEVANCE PROCEDURE) . There shall be no more than one Steward from each local involved in any one specific grievance. 3.2 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. 3.4 If the Unions enter into any Agreements with any individual Employer or group of Employers for more favorable wages, hours or conditions than herein specified, the Unions shall immediately furnish a copy of any such Agreement to the City and the Union may effective upon ten (10) days' notice to the City apply all or part of such Agreement as the new Agzeement between it and the City. - 5 - ARTICLE II - MAINTENANCE OF STANDARDS ' 2.1 The parties agree that all conditions o e loyment relating to wages, hours of work, overtime differentials, ca ions and all other general working conditions shall be maintained a n t less than the highest minimum standard as set forth in the Civ 1 ervice Rules of the City of Saint Paul and the Saint Paul Salary Pla a d Rates of Compensation at the time of the signing of this Agree en , and the conditions of employment shall be improved wherever sp ci ic provisions for improvement are made elsewhere in this A re ment. - 4 - �`b✓ - /� � . ARTICLE I - RECOGNITION (continued) 1.2 The Employer agrees not to enter into any contractually binding agreements with any Employee or representative not authorized 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. - 3 - ARTICLE I - RECOGNITION " 1.1 The Employer recognizes the Union a t e sole and exclusive collective bargaining agency for all Employees th t have been certified by the State of Minnesota, Case No. 73-PR- 27 A, as follows: All employees of the City of i Paul in the classifications of Air Compressor Operator, A h t Batcherman, Asphalt Plant Engineer, Asphalt Raker, Asph lt hoveler, Backfiller Operator, Bituminous Curb Machine Opera or, Bituminous Spreader Operator, Bridge Crew Leader, Bridge La or r, Building Laborer, Ditch Digger, Forestry Crew Leader, Ga den Laborer, Gardener, Groundsworker, Heavy Equipmen 0 erator, Heavy Equipment Operator--Asphalt Plant, Hois in Engineer, Jackhammer Operator, Jet Sewer Cleaner 0 er tor, Kettle Fireman, Labor Crew Leader, Miner, Miner--Wa er Department, Mixer Engineer, Mortar Mixer, Motor Equipment Op rator, Motor Equipment Operator--Water Department, M to Patrol Operator, Parks Worker, Paving Breaker (Hydra Hammer pe ator) , Plasterer's Tender, Playground Custodian, Power C am Operator, Power Shovel Operator, Public Works Laborer, Pulvimi er Operator, Pumperete Operator, Road Machinery Operator, Roller En in er (Under 6 tons) , Roller Engineer (6 tons or over) , Sanitation ab rer, School Ground Maintenance Foreman, Sewer Crew Leader, S we Laborer, Sewer Maintenance Laborer, Sewer Services Worke , no-Go Operator, Street Services Worker, Sweeper Operator, Ta er, Tractor Operator I, Tractor Operator II, Tractor Operato II (Backhoe) , Tree Trimmer I, Tree�, Trimmer II, Tree Worker, Dri r- perator, Tunnel Laborer, Unskilled Laborer, Vibrator Operator, at Laborer, Water Serviceman II (Connections) , Water Service an I (Mains) , Water Service Worker I, Water Service Worker II, Wat r ervice Worker-Control Desk, and Water-Shed Laborer who work or than 14 hours per week and more than 100 work days per year, ex luding Supervisory, Confidential, temporary, emergency, and em lo ees exclusively represented by other labor or employee organizati ns The parties agree that any new cl ss fications which are an expansion of the above bargaining unit or w ic derive from the classifications set forth in this Agreement shall be recognized as a part of this bargaining unit, and the parties ha 1 take all steps required under the Public Employment Relations t o accomplish said objective. - 2 - � �� �� � . � 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 adjustment of all disputes which may arise between the Employer and the Union. . The Employer and the Union encourage the highest possible degree of practical, 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 affirm their joint 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 - 3� _ �,� , � � I N D E ARTICLE TITLE PAGE Principles 1 I Recognition 2 II Maintenance of Standard 4 III Union Rights 5 IV Payroll Deductions 6 V Management Rights 7 VI Safety 8 VII Discipline Procedures 9 VIII Hours, Premium Pay 10 IX Insurance 12 X Employee Rights-Grievanc P ocedure 17 XI Seniority 21 XII Vacations 23 XIII Holidays 24 XIV Jury Duty 26 XV Severance Pay 27 XVI Wages 31 XVII Savings Clause 32 XVIII Jurisdiction 33 XIX Sick Leave 34 XX Maternity Leave 35 XXI Legal Services 36 XXII Strikes, Lockouts, Work I er erence 37 XXIII Terms of Agreement 38 Appendix A Al Appendix B B1 Appendix C Cl Appendix D D1 - ii - � S�- ��3�' � MAY, 1989 THROU H PRIL, 1992 COLLECTIVE BARGA I AGREEMENT BETWE N THE CITY OF S IN PAUL AND THE TRI-COU CI LOCAL 120 - LOCAL 49 LOCAL 132 _. _ ...:: ... ,. _ . _ .... - - - ..._._.._ - .... . .�... . . . . ....�.. ..... . . �.� . . .� ....... .. _�,..._ . �....._ . ._. ..... . .......��.r��..��a.L--�..r 4j___ t�fCElVED �`:��� �.� � >-_ r,r,. _ � CITY OF �AI T PAUL O .19a9 , _ :➢I11FIYtli '. . JUN � . asai 61,� � OFFICE OF THE CI Y OIINCIL : ... C1TY CLERK _ Committee e ort Finance Mana ement & e onnel Committee JUNE 5, 1 89 1. Approval of minutes of May 15, 1989, ee ing. Approved 2. General discussion of the Mayor' s mid- e Laid over to 6/19 budget adjustments. 2a. Resolution 89-351 - amending the 1989 u et by Laid over to 6/19 transferring $32,062 �from Contingent se ve to Police Administration for full-time po it"on to oversee license renewal and applicatio p ocess. (Referred from Council March 2, laid o er March 20) 2b. Resolution 89-354 - amending the 1989 ud et by Laid over to 6/19 adding $51,661 to the Financing and Sp nd ng Plans for Police Vice Unit to conduct invest ga ions of liquor and Class III license applicant . (Referred from Council March 2, laid o er March 20) (Withdrawn by Administration) 2c. Resolution 89-830 - amending the 1989 ud et by Laid over to 6/19 - transferring $38,574 to Community Servi ce Parks and Recreation Administration and Fina ce and Management Services for renovation of hi d floor of City Hall Annex, (Referred from Co nc 1 May 9) 2d. Resolution 89-820 - amending the 1989 ud et by Laid over to 6/19 adding $99,755 to the Financing and Sp nd'ng Plans for City Attorney' s office autom ti project. (Referred from Council May 1 ) 3. Resolution 89-908 - allocating $50,000 to he Sent out of Police Department for continuation and x nsion , Committee without of the Beat Patrol Program for 1989, a ans- recommendation ferring $25,000 to a contingent reserv f d for ' possible overtime costs. (Referred fro C uncil May 23) CTTY HALL SEVENTH F R SAINT PAUL, MiNNESOTA 55102 f�48 �_- �.-�3�' 4. Resolution 89-906 - amending the 1988 and 1989 Approved CIB budget by adding $150,000 for citywide tree planting. (Referred from Council May 23) 5. Resolution 89-925 - amending the 1988 CIB budget Approved by adding $70,000 for the Valley Recreation Center Site Improvement project. (Referred from Council May 25) 6. Resolution 89-974 - amending the 1987 and 1989 CIB Laid over to 6/19 budgets by adding $250,000 to Contingent Reserve for rainleader disconnection. (Referred from Council June 1) 7. Resolution 89-973 - amending the 1989 budget by Approved adding $20,000 to the Financing and Spending Plans for Citywide Data Processing Special Projects. (Referred from Council June 1) . Resolution 89-835 - approving and ratifying agree- Approved ment between the City and the Tri-Council Locals 120, 49 and 132. (Referred from Council May 16) 9. Resolution 89-898 - changing the rate of pay for Approved Affirmative Action Director in the Salary Plan and Rates of Compensation Resolution. (Referred from Council May 23) 10. Resolution 89-970 - changing the rate of pay for Approved Fire Training Assistant in the Salary Plan and Rates of Compensation Resolution to Grade 37, Section ID6. (Referred from Council June 1) 11. Resolution 89-971 - establishing the rate of pay Approved for Golf Pro Manager in the Salary Plan and Rates of Compensation Resolution in Grade 11, Section ID4 of the Professional Employees Supervisory Standard Ranges. (Referred from Council June 1) 12. Resolution 89-972 - establishing the rate of pay Approved for Human Rights Specialist in the Salary Plan and Rates of Compensation Resolution. (Referred from Council June 1) 13. Resolution establishing the rate of pay for Public Laid over to 6/19 Health Division Manager in Grade 32, Section ID4 , of the Professional Supervisory Standard Ranges in the Salary Plan and Rates of Compensation Resolution. (Referred from Council April 7, 1988) Y � _ . _ � 3� , 6 � � Attachment to Green Sheet #2 // " Page Two �• April 28, 1989 VII. Severance Pav New eligibility requireme ts for severance pay were added. Instead of an employee being require t have at least 60 days of sick leave accrued at the time of sep ra ion, an employee must have at least 80 days. The maximum amount f everance pay was changed from $6,500 to $7,000. A new sliding sca e as introduced. A minimum of $4,000 would be paid out with 20 years 'ce up to a maximum of $7,000 paid out with 25 years of service. VIII. Wages Effective May 6, 1989 all h rl rates will be increased 2.75$. On May 5, 1990 such rates will 'nc ease 2.80$. Such rates will increase 3.0� effective May 4, 1991. This contract also establish t e hourly rate of pay for the following new classifications: Effective 5-06-89 1. Street Services Worke $13.97 2. Sewer Services Worker 14.23 3. Parks Worker 13.97 4. Tree Worker 14.92 S. Water Service Worker I 14.44 VIX. Vacation New language was added allowing em loyees to carry over into the following year 120 hours of vac ti instead of 80 hours. This is consistent with what other units ha e. . , - � � � �3 � ��� ATTACHMENT TO GREE SH ET #2 The Tri-Council Cont ct Summary I. Duration This is a three year contract covering he period of May 1, 1989 through April 30, 1992. II. Safetv The Employer's contribution toward the os of safety shoes was changed from $10.00 per pair twice a year to $3 .0 a pair once a year. III. Insurance A. The Employer's health insurance co ri utions for active employees will remain at the current levels $ 0.00 per month for single and $180.00 per month for family cover ' e hrough December 31, 1989. Beginning January l, 1990 the sing c g. will be $85.00 per month and the family cap will be $185.00 e month. B. Language was added allowing for th i lementation of a Cafeteria Plan beginning January 1, 1990. T ployer's contribution level will be determined at that time. f s ch a plan is not acceptable to the Union, then the aforementio ed insurance caps will remain in effect through April 30, 1992. C. This contract establishes eligibil'ty equirements for Medicare supplement insurance offered to re ir s at age 65. This benefit will not be available in the futur t retirees with less than 10 years of service. D. The Employer's monthly health insu an contributions for early retirees who select indemnity cove ag was reduced from $106.32 for a single and $284.12 for a family o 70.00 and $180.00 respectively beginning May 6, 1989. On January 1, 1990 such contributions shall increase to $85.00 and $185.00 for su coverages. This affects only future retirees. IV. Discipline Grievances relating to suspension, re uc ion and discharge may now be processed through the grievance proce ur established in the contract rather than solely through the Civil e ice grievance procedure. V. Senioritv Language was added in the contract ap en ix defining department policies regarding the consideration f eniority in making job assignments. VI. Holidavs The day after Thanksgiving may be sub ti uted for the Columbus Day holiday at the discretion of the Empl ye . / � � � , �3� � �� ATTACHMENT TO G EE SHEET #1 l. Number of employees affected by the co tr ct: 326 2. 1988-89 estimated payroll: $10,335,15 3. Estimated costs for 1989-90: $298,695 .75� Salary increase 4. 1989-90 estimated payroll: $10,633,84 5. Estimated costs for 1990-91: $297,748 2.80$ Salary incre se 43.040 Increase in insura ce contributions $340,788 Total package incr as 6. 1990-91 estimated payroll: $10,931,59 7. Estimated costs for 1991-92: $327,948 3.0� Salary increa e 32.280 Increase in insura ce contributions $360,228 Total package incr as 8. Total estimated salary increase over t e eriod of the agreement: $1,078,251 9. Total estimated increase in insurance o ributions over the period of the agreement: $75,320 10. The estimated total package cost over th period of the agreement: $1,153,571 The figures representing increases in the p oyer's health insurance contributions are based upon an increase o $ 5.00 per month on the cap for single coverage and a $5.00 per month incr as on the cap for family coverage beginning January 1, 1990. The contributi n evels would then be $85.00 per month for a single and $185.00 per month f r family. It is the intention of the Employer to off r cafeteria style benefit package to this unit by January 1, 1990, he Employer's contribution toward the Cafeteria Plan will be determined at t at time. APPENDIX A (continued) GRO P Effecti e Effective Effective 5-06-8 5-05-90 5-04-91 Asphalt Plant Operator 16.56 17.02 17.53 Backfiller Operator 16.56 17.02 17.53 Bituminous Spreader Operator 16.5 17.02 17.53 Heavy Equip. Operator 16.5 17.02 17.53 Heavy Equip. Operator--Asphalt Plant 16.5 17.02 17.53 Heavy Equip. Operator--Water Dept. 16.5 17.02 17.53 Hoisting Engineer 16.5 17.02 17.53 Jet Sewer Cleaner Operator 16.1 16.64 17.14 Motor Equip. Operator 16.5 17.02 17.53 Motor Equip. Operator-Water Dept. 16.5 17.02 17.53 Motor Patrol Operator 16.5 17.02 17.53 Paving Breaker (Hydra Hammer Operator) 16.5 17.02 17.53 Power Clam Operator 16.5 17.02 17.53 Pulvimixer Operator 16.5 17.02 17.53 Pumperete Operator 16.6 17.12 17.63 Revolving Power Equipment Operator 16.7 17.23 17.75 Roller Engineer (6 tons or over) 16.5 17.02 17.53 Snow-Go Operator 16.5 17.02 17.53 Sweeper Operator 16.5 17.02 17.53 Tractor Operator II 16.5 17.02 17.53 Tractor Operator II (Backhoe) 16.5 17.02 17.53 G UP D Effec ive Effective Effective 5-06-89 S-OS-90 5-04-91 *Driver-Operator 13. 2 14.31 14.74 G OU E Effective 5-06-89 Ef ective S-OS-90 Effective 5-04-91 After After After Start 6 mos Start 6 mos Start 6 mos Forestry Crew Leader 15.00 --- 15.42 --- 15.88 --- *Tree Trimmer I 13.16 13.53 13.53 13.91 13.94 14.33 *Tree Trimmer II 13.98 14.41 14.37 14.81 14.80 15.25 Tree Worker 14.92 --- 15.34 --- 15.80 --- The 5-06-89 rates in this Appendix "A" rep es nt a 2.75$ increase over the 5-07-88 rates. The S-OS-90 rates in this Appendix "A" rep es nt a 2.8� increase over the 5-06-89 rates. The 5-04-91 rates in this Appendix "A" re es nt a 3.0� increase over the 5-05-90 rates. *This title abolished except as to presen i umbents. - 3 - C���33� APPENDIX A (continued) A Street Services Worker or a Water Laborer assigned to perform the duties of the following abolished titles shall receive a premium as shown below. Abolished Title Premium *Asphalt Raker ,45 per hour �Asphalt Shoveler .10 per hour *Kettle Fireman .10 per hour *Sewer Maintenance Laborer .25 per hour *Tamper .30 per hour �Vibrator Operator .10 per hour GROUP B Effective Effective Effective 5-06-89 S-OS-90 5-04-91 *Air Compressor Operator 13.95 14.34 14.77 *Bituminous Curb Machine Operator 13.95 14.34 14.77 *Mixer Engineer 13.95 14.34 14.77 *Roller Engineer (Under 6 tons) 13.95 14.34 14.77 *Tractor Operator I 13.95 14.34 14.77 *This title abolished except as to present incumbents. - A2 - APPENDIX A (continued) GRO P Effecti e Effective Effective 5-06-8 5-05-90 5-04-91 Asphalt Plant Operator 16.56 17.02 17.53 Backfiller Operator 16.56 17.02 17.53 Bituminous Spreader Operator 16.56 17.02 17.53 Heavy Equip. Operator 16.56 17.02 17.53 Heavy Equip. Operator--Asphalt Plant 16.56 17.02 17.53 Heavy Equip. Operator--�ater Dept. 16.56 17.02 17.53 Hoisting Engineer 16.56 17.02 17.53 Jet Sewer Cleaner Operator 16.19 16.64 17.14 Motor Equip. Operator 16.56 17.02 17.53 Motor Equip. Operator-Water Dept. 16.56 17.02 17.53 Motor Patrol Operator 16.56 17.02 17.53 Paving Breaker (Hydra Hammer Operator) 16.56 17.02 17.53 Power Clam Operator 16.56 17.02 17.53 Pulvimixer Operator 16.56 17.02 17.53 Pumperete Operator 16.65 17.12 17.63 Revolving Power Equipment Operator 16.76 17.23 17.75 Roller Engineer (6 tons or over) 16.56 17.02 17.53 Snow-Go Operator 16.56 17.02 17.53 Sweeper Operator 16.56 17.02 17.53 Tractor Operator II 16.56 17.02 17.53 Tractor Operator II (Backhoe) 16.56 17.02 17.53 GRO D Effecti Effective Effective 5-06-89 S-OS-90 5-04-91 *Driver-Operator 13.92 14.31 14.74 GROU E Effective 5-06-89 Ef ec ive S-OS-90 Effective 5-04-91 After After After Start 6 mos St rt 6 mos Start 6 mos Forestry Crew Leader 15.00 --- 15 42 --- 15.88 --- �Tree Trimmer I 13.16 13.53 13 53 13.91 13.94 14.33 *Tree Trimmer II 13.98 14.41 14 37 14.81 14.80 15.25 Tree Worker 14.92 --- 15 34 --- 15.80 --- The 5-06-89 rates in this Appendix "A" repres nt a 2.75$ increase over the 5-07-88 rates. The 5-05-90 rates in this Appendix "A" repres nt a 2.8$ increase over the 5-06-89 rates. The 5-04-91 rates in this Appendix "A" repres nt a 3.0� increase over the 5-05-90 rates. *This title abolished except as to present in um ents. - A - C� a � �� APPENDIX A (continued) A Street Services Worker or a Water Laborer assigned to perform the duties of the following abolished titles shall receive a premium as shown below. Abolished Title Premium *Asphalt Raker .45 per hour *Asphalt Shoveler .10 per hour *Kettle Fireman .10 per hour *Sewer Maintenance Laborer .25 per hour *Tamper .30 per hour *Vibrator Operator .10 per hour GROUP B Effective Effective Effective 5-06-89 5-05-90 5-04-91 �Air Compressor Operator 13.95 14.34 14.77 *Bituminous Curb Machine Operator 13.95 14.34 14.77 *Mixer Engineer 13.95 14.34 14.77 *Roller Engineer (Under 6 tons) 13.95 14.34 14.77 *Tractor Operator I 13.95 14.34 14.77 *This title abolished except as to present incumbents. - A2 - APPENDIX A (continued) 0 C Effec i Effective Effective 5-06 89 S-OS-90 -04-91 Asphalt Plant Operator 16. 6 17.02 17.53 Backfiller Operator 16. 6 17.02 17.53 Bituminous Spreader Operator 16. 6 17.02 17.53 Heavy Equip. Operator 16. b 17.02 17.53 Heavy Equip. Operator--Asphalt Plant 16. 6 17.02 17.53 Heavy Equip. Operator--Water Dept. 16. 6 17.02 17.53 Hoisting Engineer 16. 6 17.02 17.53 Jet Sewer Cleaner Operator 16. 9 16.64 17.14 Motor Equip. Operator 16. 6 17.02 17.53 Motor Equip. Operator-Water Dept. 16. 6 17.02 17.53 Motor Patrol Operator 16. 6 17.02 17.53 Paving Breaker (Hydra Hammer Operator) 16. 6 17.02 17.53 Power Clam Operator 16. 6 17.02 17.53 Pulvimixer Operator 16. 6 17.02 17.53 Pumpc��te Operator 16. 17.12 17.63 Revolving Power Equipment Operator 16.7 17.23 17.75 Roller Engineer (6 tons or over) 16.5 17.02 17.53 Snow-Go Operator 16.5 17.02 17.53 Sweeper Operator 16.5 17.02 17.53 Tractor Operator II 16.5 17.02 17.53 Tractor Operator II (Backhoe) 16.5 17.02 17.53 GR UP D � Effect ve Effective Effective 5-06- 9 S-OS-90 5-04-91 *Driver-Operator 13.9 14.31 14.74 GR P Effective 5-06-89 fe tive S-OS-90 Effective 5-04-91 After After After Start 6 mos S art 6 mos Start 6 mos Forestry Crew Leader 15.00 --- 1 .42 --- 15.88 --- *Tree Trimmer I 13.16 13.53 1 .53 13.91 13.94 14.33 *Tree Trimmer II 13.98 14.41 1 .37 14.81 14.80 15.25 Tree Worker 14.92 --- 1 .34 --- 15.80 --- The 5-06-89 rates in this Appendix "A" repre en a 2.758 increase over the 5-07-88 rates. The 5-05-90 rates in this Appendix "A" repre en a 2.88 increase over the 5-06-89 rates. The 5-04-91 rates in this Appendix "A" repre en a 3.0� increase over the 5-05-90 rates. �This title abolished except as to present i ents. � �O �0�� APPENDIX A (continued) A Street Services Worker or a Water Laborer assigned to perform the duties of the following abolished titles shall receive a premium as shown below. Abolished Title Premium *Asphalt Raker .45 per hour *Asphalt Shoveler .10 per hour �Kettle Fireman .10 per hour *Sewer Maintenance Laborer .25 per hour *Tamper .30 per hour �Vibrator Operator .10 per hour GROUP B Effective Effective Effective 5-06-89 -OS 5-90 5-04-91 *Air Compressor Operator 13.95 14.34 14.77 *Bituminous Curb Machine Operator 13.95 14.34 14.77 *Mixer Engineer 13.95 14.34 14.77 �Roller Engineer (Under 6 tons) 13.95 14.34 14.77 �Tractor Operator I 13.95 14.34 14.77 *This title abolished except as to present incumbents. - A2 - APPENDIX A (continued) GROU C Effective Effective Effective 5-06-89 S-OS-90 -5 04-91 Asphalt Plant Operator 16.56 17.02 17.53 Backfiller Operator 16.56 17.02 17.53 Bituminous Spreader Operator 16.56 17.02 17.53 Heavy Equip. Operator 16.56 17.02 17.53 Heavy Equip. Operator--Asphalt Plant 16.56 17.02 17.53 Heavy Equip. Operator--Water Dept. 16.56 17.02 17.53 Hoisting Engineer 16.56 17.02 17.53 Jet Sewer Cleaner Operator 16.19 16.64 17.14 Motor Equip. Operator 16.56 17.02 17.53 Motor Equip. Operator-Water Dept. 16.56 17.02 17.53 Motor Patrol Operator 16.56 17.02 17.53 Paving Breaker (Hydra Hammer Operator) 16.56 17.02 17.53 Power Clam Operator 16.56 17.02 17.53 Pulvimixer Operator 16.56 17.02 17.53 Pumperete Operator 16.65 17.12 17.63 Revolving Power Equipment Operator 16.76 17.23 17.75 Roller Engineer (6 tons or over) 16.56 17.02 17.53 Snow-Go Operator 16.56 17.02 17.53 Sweeper Operator 16.56 17.02 17.53 Tractor Operator II 16.56 17.02 17.53 Tractor Operator II (Backhoe) 16.56 17.02 17.53 GROU D Effectiv Effective Effective 5-06-89 S-OS-90 5-04-91 �Driver-Operator 13.92 14.31 14.74 GROU E Effective 5-06-89 Ef ec ive S-OS-90 Effective 5-04-91 After After After Start 6 mos St rt 6 mos Start 6 mos Forestry Crew Leader 15.00 --- 15.42 --- 15.88 --- *Tree Trimmer I 13.16 13.53 13.53 13.91 13.94 14.33 �Tree Trimmer II 13.98 14.41 14.37 14.81 14.80 15.25 Tree Worker 14.92 --- 15.34 --- 15.80 --- The 5-06-89 rates in this Appendix "A" repres nt a 2.758 increase over the 5-07-88 rates. The S-OS-90 rates in this Appendix "A" repres nt a 2.8$ increase over the 5-06-89 rates. The 5-04-91 rates in this Appendix "A" repres nt a 3.0$ increase over the 5-05-90 rates. �This title abolished except as to present in um ents. � - A - ,���_���s APPENDIX A (continued) A Street Services Worker or a Water Laborer assigned to perform the duties of the following abolished titles shall receive a premium as shown below. Abolished Title Premium *Asphalt Raker .45 per hour *Asphalt Shoveler .10 per hour �Kettle Fireman .10 per hour *Sewer Maintenance Laborer .25 per hour �Tamper .30 per hour *Vibrator Operator .10 per hour GROUP B Effective Effective Effective 5-06-89 S-OS-90 5-04-91 *Air Compressor Operator 13.95 14.34 14.77 *Bituminous Curb Machine Operator 13.95 14.34 14.77 *Mixer Engineer 13.95 14.34 14.77 *Roller Engineer (Under 6 tons) 13.95 14.34 14.77 �Tractor Operator I 13.95 14.34 14.77 �This title abolished except as to present incumbents. - A2 - APPENDIX A (continued) GR UP C Eff ct ve Effective Effective 5- 6- 9 S-OS-90 -04-91 Asphalt Plant Operator 1 .56 17.02 17.53 Backfiller Operator 16.56 17.02 17.53 Bituminous Spreader Operator 16 56 17.02 17.53 Heavy Equip. Operator 16 56 17.02 17.53 Heavy Equip. Operator--Asphalt Plant 16 56 17.02 17.53 Heavy Equip. Operator--Water Dept. 16 56 17.02 17.53 Hoisting Engineer 16 56 17.02 17.53 Jet Sewer Cleaner Operator 16.19 16.64 17.14 Motor Equip. Operator 16. 6 17.02 17.53 Motor Equip. Operator-Water Dept. 16. 6 17.02 17.53 Motor Patrol Operator 16. 6 17.02 17.53 Paving Breaker (Hydra Hammer Operator) 16. 6 17.02 17.53 Power Clam Operator 16. 6 17.02 17.53 Pulvimixer Operator 16. 6 17.02 17.53 Pumperete Operator 16. 5 17.12 17.63 Revolving Power Equipment Operator 16. 6 17.23 17.75 Roller Engineer (6 tons or over) 16. 17.02 17.53 Snow-Go Operator 16.5 17.02 17.53 Sweeper Operator 16.5 17.02 17.53 Tractor Operator II 16.5 17.02 17.53 Tractor Operator II (Backhoe) 16.5 17.02 17.53 GR P Effecti e Effective Effective 5-06-8 S-OS-90 5-04-91 *Driver-Operator 13.92 14.31 14.74 GRO P Effective 5-06-89 E ec ive 5-05-90 Effective 5-04-91 After After After Start 6 mos St rt 6 mos Start 6 mos Forestry Crew Leader 15.00 --- 15 42 --- 15.88 --- �Tree Trimmer I 13.16 13.53 13 53 13.91 13.94 14.33 *Tree Trimmer II 13.98 14.41 14.37 14.81 14.80 15.25 Tree Worker 14.92 --- 15.34 --- 15.80 --- The 5-06-89 rates in this Appendix "A" represe t 2.758 increase over the 5-07-88 rates. The 5-OS-90 rates in this Appendix "A" represe t 2.8$ increase over the 5-06-89 rates. The 5-04-91 rates in this Appendix "A" represe t 3.0$ increase over the 5-05-90 rates. *This title abolished except as to present inc be ts. � - A3 ���-�3� APPENDIX A (continued) A Street Services Worker or a Water Laborer assigned to perform the duties of the following abolished titles shall receive a premium as shown below. Abolished Title Premium *Asphalt Raker .45 per hour *Asphalt Shoveler .10 per hour *Kettle Fireman .10 per hour *Sewer Maintenance Laborer .25 per hour �Tamper .30 per hour �Vibrator Operatoz .10 per hour GROUP B Effective Effective Effective 5-06-89 S-OS-90 5-04-91 �Air Compressor Operator 13.95 14.34 14.77 *Bituminous Curb Machine Operator 13.95 14.34. 14.77 *Mixer Engineer 13.95 14.34 14.77 *Roller Engineer (Under 6 tons) 13.95 14.34 14.77 �Tractor Operator I 13.95 14.34 14.77 a *This title abolished except as to present incumbents. - A2 - APPENDIX A (continued) ROPC Effe ti e Effective Effective 5-0 -8 S-OS-90 -04-91 Asphalt Plant Operator 16. 6 17.02 17.53 Backfiller Operator 16. 6 17.02 17.53 Bituminous Spreader Operator 16. 6 17.02 17.53 Heavy Equip. Operator 16. 6 17.02 17.53 Heavy Equip. Operator--Asphalt Plant 16. 6 17.02 17.53 Heavy Equip. Operator--Water Dept. 16. 6 17.02 17.53 Hoisting Engineer 16. 6 17.02 17.53 Jet Sewer Cleaner Operator 16. 9 16.64 17.14 Motor Equip. Operator 16. 6 17.02 17.53 Motor Equip. Operator-Water Dept. 16. 6 17.02 17.53 Motor Patrol Operator 16. 17.02 17.53 Paving Breaker (Hydra Hammer Operator) 16.5 17.02 17.53 Power Clam Operator 16.5 17.02 17.53 Pulvimixer Operator 16.5 17.02 17.53 Pumperete Operator 16.6 17.12 17.63 Revolving Power Equipment Operator 16.7 17.23 17.75 Roller Engineer (6 tons or over) 16.5 17.02 17.53 Snow-Go Operator 16.5 17.02 17.53 Sweeper Operator 16.5 17.02 17.53 Tractor Operator II � 16.5 17.02 17.53 Tractor Operator II (Backhoe) 16.5 17.02 17.53 GRO P Effecti e Effective Effective 5-06-8 S-OS-90 5-04-91 *Driver-Operator 13.92 14.31 14.74 GRO E Effective 5-06-89 Ef ec ive S-OS-90 Effective 5-04-91 After After After Start 6 mos St rt 6 mos Start 6 mos Forestry Crew Leader 15.00 --- 15 42 --- 15.88 --- *Tree Trimmer I 13.16 13.53 13 53 13.91 13.94 14.33 *Tree Trimmer II 13.98 14.41 14.37 14.81 14.80 15.25 Tree Worker 14.92 --- 15.34 --- 15.80 --- The 5-06-89 rates in this Appendix "A" represe t 2.758 increase over the 5-07-88 rates. The 5-05-90 rates in this Appendix "A" represe t 2.8$ increase over the 5-06-89 rates. The 5-04-91 rates in this Appendix "A" represe t 3.0� increase over the 5-05-90 rates. *This title abolished except as to present inc b ts. � - A3 - �-�-�3� APPENDIX A (continued) A Street Services Worker or a Water Laborer assigned to perform the duties of the following abolished titles shall receive a premium as shown below. Abolished Title Premium *Asphalt Raker .45 per hour *Asphalt Shoveler .10 per hour *Kettle Fireman .10 per hour *Sewer Maintenance Laborer .25 per hour �Tamper .30 per hour *Vibrator Operator .10 per hour GROUP B Effective Effective Effective 5-06-89 5-05-90 -OS 4-91 *Air Compressor Operator 13.95 14.34 14.77 *Bituminous Curb Machine Operator 13.95 14.34 14.77 �Mixer Engineer 13.95 14.34 14.77 *Roller Engineer (Under 6 tons) 13.95 14.34 14.77 *Tractor Operator I 13.95 14.34 14.77 *This title abolished except as to present incumbents. - A2 - APPENDIX A (continued) GROU C Effectiv Effective Effective 5-06-89 S-OS-90 -5 04-91 Asphalt Plant Operator 16.56 17.02 17.53 Backfiller Operator 16.56 17.02 17.53 Bituminous Spreader Operator 16.56 17.02 17.53 Heavy Equip. Operator 16.56 17.02 17.53 Heavy Equip. Operator--Asphalt Plant 16.56 17.02 17.53 Heavy Equip. Operator--Water Dept. 16.56 17.02 17.53 Hoisting Engineer 16.56 17.02 17.53 Jet Sewer Cleaner Operator 16.19 16.64 17.14 Motor Equip. Operator 16.56 17.02 17.53 Motor Equip. Operator-Water Dept. 16.56 17.02 17.53 Motor Patrol Operator 16.56 17.02 17.53 Paving Breaker (Hydra Hammer Operator) 16.56 17.02 17.53 Power Clam Operator 16.56 17.02 17.53 Pulvimixer Operator 16.56 I7.02 17.53 Pumperete Operator 16.65 17.12 17.63 Revolving Power Equipment Operator 16.76 17.23 17.75 Roller Engineer (6 tons or over) 16.56 1a.02 17.53 Snow-Go Operator 16.56 17.02 17.53 Sweeper Operator 16.56 17.02 17.53 Tractor Operator II 16.56 17.02 17.53 Tractor Operator II (Backhoe) 16.56 17.02 17.53 RO P Effecti e Effective Effective 5-06-8 5-05-90 5-04-91 *Driver-Operator 13.92 14.31 14.74 ; GRO P Effective 5-06-89 E fe tive S-OS-90 Effective 5-04-91 After After After Start 6 mos S art 6 mos Start 6 mos Forestry Crew Leader 15.00 --- 1 .42 --- 15.88 --- *Tree Trimmer I 13.16 13.53 1 .53 13.91 13.94 14.33 �Tree Trimmer II 13.98 14.41 1 .37 14.81 14.80 15.25 Tree Worker 14.92 --- 1 .34 --- 15.80 --- The 5-06-89 rates in this Appendix "A" repr se a 2.75$ increase over the 5-07-88 rates. The 5-05-90 rates in this Appendix "A" repr se t a 2.8$ increase over the 5-06-89 rates. The 5-04-91 rates in this Appendix "A" repr se t a 3.0� increase over the 5-05-90 rates. �This title abolished except as to present nc bents. � - A3 - � ��_�3s APPENDIX A (continued) A Street Services Worker or a Water Laborer assigned to perform the duties of the following abolished titles shall receive a premium as shown below. Abolished Title Premium *Asphalt Raker .45 per hour *Asphalt Shoveler .10 per hour �Kettle Fireman .10 per hour *Sewer Maintenance Laborer .25 per hour �Tamper .30 per hour *Vibrator Operator .10 per hour GROUP B Effective Effective Effective 5-06-89 S-OS-90 5-04-91 *Air Compressor Operator 13.95 14.34 14.77 �Bituminous Curb Machine Operator 13.95 14.34 14.77 *Mixer Engineer 13.95 14.34 14.77 *Roller Engineer (Under 6 tons) 13.95 14.34 14.77 *Tractor Operator I 13.95 14.34 14.77 *This title abolished except as to present incumbents. - A2 - . � ���vv DEP /OFFN�EIOOUNqL DATE INI'MTED Personnel & Labor Re�at�ons. o4-ZS-s9 GREEN SHEE NO� � CONTACT PERSON 8 PFIONE EPARTMENT DIRECTOR L � J m C b d' 2 2- 301 ��� ciTr nrroRNev �cm a.E y MUBT BE ON COUNqL AQENDA BY(DATE) RO�I'iri0 �BUOOET DiRECTOR (N Q��1.4C1i(Q� DIR. �MAYOR(OR AS818TAN�7 1 J 0 TOTAL�Y OF SIONATURE PAOES � (C.LIP ALL LOCATION8 FOR SIONATU A���I� �� AC110N RE�UESTED: This resolution approves the attached 3-year agreement between the City and The Tri-Council Bargaining Unit. The duration covers the period of May 1 , 1989 through April 30, 1992. RECOMMENDATIONS:Approve(ly M ReJsCt(R) (�iMlql,COMMITI"EE/RESEARCH REPORT OPTIONAL _PLANNINO COMMISSION _qVIL SERVICE COMMIS310N A�YBT PHONE N0. _qB COMMITTEE _ COMMENTB: _STAFF _ _DISTRICT COURT — SUPPORTS WHICIi COUNCIL OBJECTIVEI INITIATINa PROBLEM,ISSUE,OPPORTUNITY(Who,Whet,Whsn,Whsro,Wh�: See Attachments #1 and �k2 ADVANTIU�ES IF APPROVED: See At tachment s ��1 and �k2 DIBADVANTAOES IF APPROVED: None DISADVANTAOEH IF NOT APPROVED: This is a signed agreement reached through the process of collective bargaining in accordance with State Law. If not approved, negotiations would have to begin again and it is very likely that the City and the Tri-Council would en ��ni�? b'ndin arbitration or the union may elect to strike. In the event of a��ai�5�`t`�a��o��'� Center arbitrator would likely award at least what was initially agreed upon. �� �,�Hr � . I��� 19 9 TOTAL AMOUNT OF TRANSACTION = � , 15 3,S 7 1 COST/REVENUE BUDOETED(CIRCLE ONE) � NO �N���� various ACTIVITY NUMBER various FINANpAL INFORMATION:(EXPUUI� See Attachment ��1