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88-829 wHi7e - urr CLERK COUf1C1I /�/y G PINK - FINANCE GITY OF AINT PAUL /� CANARV - DEPARTMENT �if�� BI.UE - MAVOR File NO. �+ V Council Resolution fi t � � Presented By � Referred To Committee: Date Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached agreeme t between the City of Saint Paul and the Saint Paul Manua.l and Maintenance Supervisors Association. COUNCIL MEMBERS Requested by Departme of: Yeas Nays � Dimond �ng In Favo Goswitz ,p `� R�� � _ Against BY ,� ' ' GC'�'" . Sonnen Wilson �`f Adopted by Council: Date ,�u� — 2 '1�8 Form A roved y Cit At ney � Ceriified Pa y Council S e By I By _ �� °�� App ved by Mayor for Sub ' sio to Co ncil A►p ro by �Vlavor: Date — B . pf�3lISHED �U N 1 1 1988 (i�—(J O -O o(/ Cost/Benefit, Bud etar and Personnel I acts Antici ated: 1 . There are 77 employees affected by this contract. 2. The current yearly payroll is $2,7 S,O50. 3. The costs for 1988 include: $ 4 8 Comparable Worth 77,6 4 Salary Increase $78,1 2 Total Increase 4. The 1988 payroll will be $2,803,17 . 5. The costs for 1989 include: $ 4 8 Comparable Worth 79,8 0 Salary Increase $80,3 8 Total Increase 6. The 1989 payroll will be $2,883,52 . 7. The overall payroll increase for 1 88 and 1989 will be $158,470. These figures reflect a $.22 per hour C mparable Worth adjustment in 1988 and 1989 for the Bridge Maintenance Supervi or I classification. Also reflected is a 2.857 general salary increase in both 1 88 and 1989. The 1988 pay adjustments are retroactiv to January 2, 1988 and apply only to employees who were on the payroll as of April 14, 1988. � . .- . �;��-�a� Saint Paul Manua and Maintenance Supervisors Associat on Contract Summary I. Duration This is a two year contract coveri g 1988 and 1989. II. Insurance A. The word contributions has bee substitued for the word benefits where reference is ma e to the Employer's insurance obligation for the contract pe iod. B. The City's health insurance co tributions for active employees will remain at the current lev ls of $70 for single and $180 for family coverage through 19 9. C. Effective January 1, 1989 the ity's health insurance contributions for early retir es selecting an HMO have been reduced from $106.32 for sing e and $318.41 for family � coverage to $84.42 for single and $211.09 for family coverage. D. The City's health insurance c ntributions for early retirees selecting the Indemnity Healt Insurance plan will remain at the current level of $106.32 or single and $318.41 for family coverage through 1989. E. The eligibility requirements or early retiree health insurance contributions have een increased for 1989. In addition to the previous requ rements the early retiree must have completed 15 years of se vice. F. This contract establishes the eligibility requirements for the Medicare supplement insurance offered to retirees at the age of 65. This benefit will not be available in the future to retirees with less than 20 ye rs of service. G. New language has been added s ating that the health insurance plans offered by the employer shall consist of the benefits and conditions established th ough the contracts between the employer and the selected ins rance carriers. III. Vacation The maximum amount of vacation wa increased from 22 to 25 days thus bringing the unit in line wi h other supervisor units. IV. Overtime New language was added more clea ly defining those classifications that receive straight time inste d of time and one-half for hours worked in excess of forty (40) i a week. V. Uniforms The City's contribution toward th cost of a pair of safety shoes purchased by an employee was increased from $10.00 per pair, limited to two pairs per year, to $30.00 per pair, lim ted to one pair per year. . ,,. ' . '�J�� � � ' ' ' N°_. 013326 � Personnel DEPARTl�3NT - - - - - - - Jim Iamb�rdt/John ��klev CONTACT NAME 298-4�21 PHONE �� _I�v 12� 1�88 DATE ASSZGN 1Q[IMBER FOR ROtJTI�+1G ORDER: (See reve se side.) 1 Department Director ,� Mayor <or Assistant) 1,3��� _ Finance and .Mansgsment Services Directo 4 City Clerk ' �`"' Budget Director _ � Citp Attorney _ � � TO TURK PAGES: �) �_ (Cli all locations for signature.) 9 V G C 0 AC ? (Purpose/Rationale) , This resolutioa spproves a two-year coatrac between the Citq and the Sa�tnt Patrl Maaual and Ma3ntenance Supervfsare As�ociation. The c ntract period is January- 2,. 1988 through Decamber 31, 1989. RECEIVED MAY 1 N 1988 c sor�x Coun cil Re earch Center. � CITY AT1�C�RNEY see Attaehed M�1Y 19 ��$$ REC��vED t �1AY j � 1988 (Ma or's si ature not re uired if under'$1 CoHARG; 0 T D�'AY('j�,� O�FiC Y 8�' q E Total Amount of TransBction: Activity Nwaber: Funding Source: ATTACHI�tENTS: (List and number all attachme ts.) 1. Caa� B�efit Iaforppstion 2. St. Paul Ma�tual sad Mai.ntenance Sup�� ors Aesociation Contract Si�ary 3. R,eaolutioa . ADKINISTRATIV� FR4CEDURES _Yes _No Rules, Regulations, Proce ures, or Budget Amendment required? _Yes No If yes, are they or timet le attached? DEP ' NT REVIEW : CIT]i ATTORNEY REVIEW Yes ouncil reso].utiaa rec�uired Rasolution required� ____`� Yes No _Yes �nsurance required? Iasurance sufficient? _Yes _No� _Yes _No Insurance attached? � ., �� ��� 19 8-1989 LABO AGREEMENT B TWEEN THE CITY OF SAINT PAUL AND THE ST. PAUL MANUAL & MA NTENANCE SUPERVISORS ASSOCIATION .. I EX ARTICLE TITLE PAGE I Purpose of Agreement 1 II Recognition 2 III Maintenance of Standar s 4 IV Employer Security 5 V Employer Authority 6 VI Association Security 7 VII Employee Rights-Grieva ce Procedure 9 VIII Savings Clause 13 I% Seniority 14 X Discipline 16 XI Constitutional Protect on 17 RII Overtime and Premiums 18 XIII Uniforms 20 XIV Vacation 21 RV Holidays 22 XVI Insurance 23 XVII Mileage 27 XVIII Severance Pay 28 XI% Working Out of Classif cation 29 RX Maternity Leave 30 XRI No Strike, No Lockout 31 RXII Subcontracting 32 XXIII Administrative Servic Fee 33 XRIV Wage Schedule 34 XXV Terms of Agreement 40 ii - • � � (' �% ~ d � ' ARTICLE I - PURPOSE OF AGREEMENT 1.1 This AGREEMENT is entered into b tween the City of Saint Paul, hereinafter called the EMPLOYER, and the St. Paul Manual and Maintenance Supervisors Association, hereinafter called t e ASSOCIATION. 1.I1 Assure sound and mutually beneficial working and economic relationships bet een the parties hereto; 1.12 Establish procedures for t e resolution of disputes concerning this AGREEMENT' interpretation and/or application; and 1.13 Place in written form the arties' agreement upon terms and conditions of em loyment for the duration of this AGREEMENT. 1.2 The EMPLOYER and the ASSOCIATIO through this AGREEMENT, shall continue their dedication to th highest quality public service to the residents of the City of Saint aul. Both parties recognize this AGREEMENT as a pledge of this dedication. - 1 - ARTICLE II - RECOGNITION 2.1 The EMPLOYER recognizes the ASSOCIATION as the exclusive representative, under the Public Employment Labor Relations Act of 1471 as amended, for all personnel in the following bargaining unit: AlI manual maintenance supervisors in the classification of Assistant Supervisor of Custodians, Bridge Foreman, Building Maintenance Supervisor-Fire Department, Building Maintenance Supervisor-Libraries, Building Maintenance Supervisor-Parks and Recreation, Chief Meter Repairman, Civic Center Foreman, Dispatcher I, District Foreman, Equipment Maintenance Foreman, Field Supervisor, Fireman-Mechanic Foreman, Foreman-Water Department, Forestry Supervisor I, Forestry Supervisor II, Greenskeeper, Maintenance Foreman-Water Department, Mechanic Foreman-Municipal Garage, Mechanic Foreman-Water Department, Park Foreman, Public Works Foreman I, Public Works Foreman II, Public Works Foreman III, Sanitation Foreman, Sewer Foreman I, Sewer Foreman II, Sewer Foreman III, Supervising Gardener, Supervisor of Custodian, Supervisor of Garbage Collection, Supervisor of Lime Recovery Plant, Supervisor of Pumping, Supervisor of School Ground Maintenance, Traffic Maintenance Foreman I, Traffic Maintenance Foreman II, Water Serviceman Foreman, Water-Shed Foreman I, Water-Shed Foreman II, and Zoo Foreman who are employed for more than fourteen (14) hours per week and more than one hundred (100) work days per year by the City of St. Paul or who are under the control of the City of St. Paul in the setting of terms and conditions of employment, excluding all other employees. 2.2 In the event the EMPLOYER and the ASSOCIATION are unable to agree as to the inclusion or exclusion of a new or modified �ob class, the issue shall be submitted to the Bureau of Mediation Services for determination. It is understood that this provision shall refer to the Bureau of Mediation Services only such issues as it has �urisdiction over by law. 2.3 The EMPLOYER shall not enter into any agreements covering terms and conditions of employment with the employees of the bargaining unit under the �urisdiction of this AGREEMENT either individually or collectively which in any way conflicts with the terms and conditions of this AGREEMENT, except through the certified representative. - 2 - ARTICLE II - RECOGNITZON (continued 2.4 Neither the ASSOCIATION nor th EMPLOYER shall discriminate against any employee because of ASSOCIATIO membership or nonmembership, or because of his race, color, sex, religion national origin, or political opinion or affiliations. 2.5 All existing Civil Service Rul s shall apply except those superceded by this AGREEMENT. - 3 ARTICLE III - MAINTENANCE OF STANDARDS 3.1 The City agrees that all conditions of employment relating to wages, hours of work, overtime differentials, vacations and general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul and St. 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 - ' ��-- �� -1-�' ARTICLE IV - EMPLOYER SECURITY 4.1 The ASSOCIATION agrees that dur ng the life of this AGREEMENT it will not cause, encourage, participate i or support any strike, slow-down or other interruption of or interf rence with the normal functions of the EMPLOYER. - 5 ARTICLE V - EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the sole right to operate and manage all manpower, facilities and equipment in accordance with applicable laws and regulations of appropriate authorities. 5.2 Any terms and conditians of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. 5.3 The exercise by the EMPLOYER of, or its waiver of, or its failure to exercise its full right of management or decision on any matter or occasion, shall not be a precedent or be binding on the EMPLOYER, nor the subject or basis of any grievance not admissible in any ar- bitration proceeding. The EMPLOYER'S right of management shall not be amended or limited by any claimed or unwritten custom, past practice or informal agreement, nor by any claim the EI�LOYER has claimed or condoned or tolerated any practice or any act or acts of any EMPLOYEES. 5.4 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 or policy as the functions and programs of the EMPLOYER, its overall budget, utilization of technology and or- ganizational structure and selection and direction and number of personnel. - 6 - ARTICLE VI - ASSOCIATION SECURITY 6.1 The EMPLOYER shall deduct from t e wages of the employees who authorize such a deduction in writing an a ount necessary to cover monthly ASSOCIATION dues. Such monies s all be remitted as directed by the ASSOCIATION. 6.2 The ASSOCIATION may designate em loyees from the bargaining unit to act as stewards and alternates and s alI inform the EMPLOYER in writing of such choices and of changes in t e positions of stewards and/or alternates. It is further understood that t number and locations of stewards shall be limited and confined t numbers and locations as are necessary and reasonable to administer th provisions of this AGREEMENT. 6.3 The EMPLOYER shall make space a ailable on the employee bulletin board for the posting of ASSOCIATION otice(s) and announcements(s) . 6.4 The ASSOCIATION agrees to indem ify and hold the EMPLOYER harmless against any and all claims, sui s, orders, or judgments brought or issued against the EMPLOYER as result of any action taken or not taken by the E1�LOYER under the provisions of this Article. 6.5 The EMPLOYER agrees that on the EMPLOYER'S premises and without loss of pay the ASSOCIATION steward shall be allowed to post official ASSOCIATION notices of the des gnated representatives; transmit communications authorized by t e ASSOCIATION or its officers under the terms of this contract; consul with the Employer, his representative, ASSOCIATION officers or the AS OCIATION representative concerning the enforcement of any provisions f this AGREEMENT, so long as such action does npt interfere with regula Employee duties and is reasonable and necessary. ARTICLE VI - ASSOCIATION SECURITY (continued) 6.6 Stewards are authorized to perform and discharge the duties and responsibilities which are assigned to them under the terms of this AGREEMENT and any supplementary AGREEMENTS. The EMPLOYER agrees that there shall be no restraint, interference, coercion or discrimination against a steward because of the performance of such duties. 6.7 Any present or future employee who is not a ASSOCIATION member may be required to contribute a fair share fee for services rendered by the ASSOCIATION. Upon notification by the ASSOCIATION, the �LOYER shall check off said fee from the earnings of the employee and transmit the same to the ASSOCIATION. 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. This provision shall remain operative only so long as specifically provided by Minnesota law, and as otherwise legal. It is also understood the the ASSOCIATION agrees to indemnify and hold the EI�LOYER harmless against any and all claims, suits, orders or 3udgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this section. - 8 - ����� / � ARTICLE VII - II�IPLOYEE RIGHTS - GRIEVAN E PROCEDURE 7.1 Definition of a Grievance - A grie ance is defined as a dispute or disagreement as to the interpretat on or application of the specific terms and conditions of this AGRE NT. 7.2 Association Representatives The LOYER will recognize Representatives designated by the ASSOCIATION as e grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The ASSOCIATION sh 11 notify the EMPLOYER in writing of the names of such ASSOCIATION represe tatives and of their successors when so designated as provided by 6.2 f this AGREEMENT. 7.3 Processing of a Grievance - It is recognized and accepted by the ASSOCIATION and the EMPLOYER that the process ng of grievances as hereinafter provided is limited by the 3ob du ies and responsibilities of the Employees and shall therefore be ccomplished during normal working hours only when consistent with s ch Employee duties and responsibilities. The aggrieved Employee and a ASSO IATION Representative shall be allowed a reasonable amount of time witho t loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the ENIPLOYEE and t e ASSOCIATION Representative have notified and received the approval of the designated supervisor who has determined that such absence is easonable and would not be detrimental to the work programs of the EMPL YER. 7.4 Procedure Grievances, as define by Section 7.1, shall be resolved in conformance with the followin procedure: Step 1. An Employee claimin a violation concerning the inter- pretation or application of this AGREEMENT shall, within twentyone (21) calendar days after su h alleged violation has occurred, present such grievance to the Emplo ee's supervisor as designated by the II�LOYER. - 9 ARTICLE VII - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) The EMPLOYERdesignated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within (10) calendar days after the EMPLOYERdesignated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the ASSOCIATION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the ASSOCIATION and discussed with the EMPLOYERdesignated Step 2 repre- sentative. The EMPLOYERdesignated representative shall give the ASSOCIATION the EMPLOYER�S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not . resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYERdesignated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the ASSOCIATION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the ASSOCIATION and discussed with the II�LOYERdesignated Step 3 repre- sentative. The EMPLOYERdesignated representative shall give the ASSOCIATION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYERdesignated representative's final answer in Step 3. -10 - ARTICLE VII - EMPLOYEE RIGHTS - G IEVANCE PROCEDURE (continued) Any grievance not appealed i writing to Step 4 by the ASSOCIATION within ten (10) calendar day shall be considered waived. Step 4. A grievance unresol ed in Step 3 and appealed to Step 4 by the ASSOCIATION shall be sub itted to arbitration sub�ect to the pro- visions of the Public Emplo ent Labor Relations Act of 1971 as amended. The selection of an arbitrat r shall be made in accordance with the "Rules Governing the Arbitra ion of Grievances" as establishd by the Public Employment Relations oard. 7.5 Arbitrator's Authority - A.The arbitrator shall have no rig t to amend, modify, nullify, ignore, add to, or subtract from the erms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the LOYER and the ASSOCIATION, and shall have no authority to make a d cision on any other issue not so submitted. B. The arbitrator shall be witho t power to make decisions contrary to, or inconsistent with, or modi ying or varying in any way the application of laws, rules, or regulation having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the he ring or the submission of briefs by the parties, whichever be later, u less the parties agree to an extension. The decision shall be binding n both the IIKPLOYER and the ASSOCIATION and shall be based solely on t e arbitrator's interpretation or application of the express terms of this A REEMENT and to the facts of the grievance presented. - 11 - ARTICLE VII - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) C. The fees and expenses for the arbitrator's services and proceed- ings shall be borne equally by the EMPLOYER and the ASSOCIATION 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. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the ASSOCIATION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EI�LOYER and the ASSOCIATION in each step. 7.7 It is understood by the ASSOCIATION and the EMPLOYER that, if an issue is determined by this grievance that issue shall not again be submitted for arbitration under the provision of the Rules and Regulations of Civil Service. It is further understood that if an issue is submitted and determined by the grievance procedure under the Civil Service Rules and Regulations, it shall not again be submitted for arbitration under the procedures set forth in this Article. - 12 - ARTICLE VIII - SAVINGS CLAUSE 8.1 This AGREEMENT is subject to the 1 ws of the United States, the State of Minnesota. In the event any provi ion of this AGREEMENT shall be held to be contrary to law by a court o competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. 11 other provisions shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. 11 other provisions of this AGREEMENT shall continue in full force and effect. - 13 - ARTICLE IX - SENIORITY � 9.1 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 II�LOYER from the last date of employment in any and all class titles. B. "Class Seniority" The Iength 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. 9.2 Seniority shall terminate when an employee retires, resigns, or is discharged. 9.3 Seniority shall not accumulate during an unpaid leave of absence, except when such leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the EMPLOYER; or is granted to take an elected or appointed fulltime position with the ASSOCIATION. 9.4 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 in inverse order of layoff, except that recall rights shall expire after one year of layoff. B. In cases where there are promotional series, such as Foreman I, Foreman II, Foreman III, etc. , when the number of employees in these higher titles is to be reduced, employees who have held lower titles - 14 - , ��' �.-�' f ARTICLE IX - SENIORITY (continued) which are in �this bargainin unit will be offered reductions to the highest of these tit es to which class seniority would keep them from being laid o f, before layoffs are made by any class title in any departme t. C. It is further understood th t a laid off employee shall have the right to placement in any 1 wer-paid class title, provided said employee has been previousl certified and appointed in said lower-paid class title. I such cases, the employee shall first be placed on a reins atement register and shall have "Class Seniority" based on the date originally certified and appointed to said class. mployees may also apply for positions in a lower class but may, evertheless, return to original class as provided in paragraph ( ) above. 9.5 To the extent possible, vacatio periods shall be assigned on the basis of "City Seniority", within each c ass, by division. It is however, understood that vacation assignments shal be sub�ect to the ability of the employer to maintain operations. 9.6 Promotions shall be handled in accordance with current Civil Service Rules and practices. 9.7 The EMPLOYER shall post a seni rity list at least once every six (6) months. - 15 - ARTICLE X - DISCIPLINE 10.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in the form of: a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge. 10.2 Suspensions, reductions and discharges will be in written form. 10.3 Employees and the ASSOCIATION will receive copies of written reprimands and notices of suspension and discharge. 10.4 Employees may examine all information in their EMPLOYER personnel files that concerns work evaluation, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the EMPLOYER. 10.5 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or ASSOCIATION may request, and shall be entitled to a meeting with the EMPLOYER repre- sentative who initiated the suspension with intent to discharge. During said five (5) day period, the EMPLOYER may affirm the suspension and discharge in accordance with Civil Service Rules or may modify, or withdraw same. 10.6 An employee to be questioned concerning an investigation of disciplinary action shall have the right to request that a ASSOCIATION representative be present. 10.7 Grievances relating to this Article shall be processed in accordance with existing Civil Service procedures, except that oral and written reprimands shall be taken up in Step 3 of the grievance procedure under Article VII. - 16 - ART7.CLE XII - OVEIZT:;�F Ai�'I) PRI:t�1It';�1S 12. 1 �mployees (with the exception of those covered in Section 12.2 hereof) shall be paid one and one-half (l�j) times the reRular rate of pa�- for work performed in excess of the regular work day and/or. the forty (40) hour work week. 12.2 Employees in classifications in salary grade 41 or above shall be paid straight time for work performed in excess of the regular work day and/or forty (40) hour work week. 12.3 An employee who is called back to work following the completion of his regular work day shall be guaranteed four (4) hours pay at his regular straight time rate. 12.4 Major holidays, for the purpose of this Section, shall include the following: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day. Minor holidays, for the purpose of this Section, shall include the following: Martin Luther King Day, Washington's and Lincoln's Birthday, Christopher Columbus Day, Veterans' Day. An employee working a major holiday as defined herein shall receive time and one-half (1}) his regular rate of pay for all work performed on such holiday, and an employee working a minor holiday as defined herein shall receive straight time for such holiday work, it being understood that all payments for holiday work shall be in addition to regular holiday pay. - 18 - �'�_ �'-� y� ARTICLE XII - OVERTIME AND PREMIUMS (co tinued) 12.5 An employee shall be compensated i either compensatory time off or overtime payment in cash. 12.6 A night differential of five perc t (SZ) shall be provided to employees who work night shifts as defined erein. A night shift will be considered to be a regularly assi ed shift beginning earlier than 6 a.m., or ending later than 6 p.m. , prov ded that at least five (5) hours of said shift are worked between the hours of 6 p.m. and 6 a.m. It is further understood that in case o regularly assigned shifts beginning earlier than 6 a.m. or ending lat r than 6 p.m. which involve less than five (5) hours of work, an employ e shall be eligible for the night differential only for the hours tually worked during night shift hours. - 19 - ARTICLE XIII - UNIFORMS 13.1 The EMPLOYER agrees that if any employee is required to wear any kind of uniform or safety equipment as a condition of continued employment, such uniform and/or equipment shall be furnished and maintained by the EMPLOYER. It is however, further understood that the II�IPLOYER'S obligation to provide uniforms and/or safety equipment shall be confined to present practices and/or requirements of law. 13.2 Any uniform or safety equipment provided pursuant to this Article, damaged in the line of duty, shall be replaced by the EI�LOYER, provided that said damage is not attributable to the negligence or other improper act of the employee. 13.3 The EMPLOYER agrees to pay $30.00 toward the cost of a pair of safety shoes purchased by an employee who is a member of this unit. The EMPLOYER shall only contribute toward the cost of one pair of shoes per contract year. 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. - 20 - ARTICLE XIV - VACATION 14.1 In each calendar year, each full time employee shall be granted vacation according to the follow g schedule: Years of Service Vacation Granted 0 thru 5th year 10 days 6th year thru 15th year 16 days 16th year thru ZSth yea 23 days 26th year and thereafte 25 days 14.2 Employees who work less than ful -time shall be granted vacation on a pro rata basis. 14.3 The head of the department may p rmit an employee to carry over into the following year up to ten day ' vacation. 14.4 The above provisions of vacation shall be subject to Resolution No. 6446, Section I, Sub. H. 14.5 For the purposes of this Article 14, years of service shall be defined as the number of years since the employee's date of appointment. This shall not include years of servi e prior to a resignation. - 21 - ARTICLE XV - HOLIDAYS 15.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Years Day Labor Day Martin Luther King Day (eff. 1986) Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day Two floating holidays Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 15.2 The floating holidays set forth in Section 15.1 above may be taken at any time during the contract year, sub�ect to the approval of the Department Head of any employee. 15.3 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 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 purpose of this section. It is further understood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. - 22 - ARTICLE RVI - INSURANCE 16.1 The EMPLOYER will continue for he period of this AGREEMENT to provide for employees such health and 1 fe insurance contributions as are provided by EMPLOYER at the time of exec tion of this AGREEMENT. 16.2 For each eligible employee cove ed by this Agreement wko is employed full-time and who selects employee insura ce coverage, the Employer agrees to contribute the cost of such coverage or $7 .00 per month, whichever is less. For each full-time employee who selects amily coverage, the Employer will contribute the cost of such family coverag or 5180.00 per month, whichever is less. 16.3 For each eligible employee the mployer agrees to contribute the cost of �5,000 life insurance coverage. 16.4 In addition to the $5,000 Life Insurance Coverage in 16.3 the EMPLOYER agrees to contribute the cost f additional Life Coverage or $0.59 per thousand dollars of coverage p r month, whichever amount is less. The total amount of Life Insurance Coverage provided under this section and Section 16.3 for each employee shall be equal to the employee's annual salary to the nearest full thousand d llars. For the purpose of this section, the employee's annual salary s all be based on the salary as of the beginning of a contract period. This co tribution shall be paid to the City's Group Health and Welfare Plan. This City paid life insurance shall be discontinued upon retirement. 16.5 The Employer will for the peri d of this Agreement contribute for employees who retire during the period o January 1, 1988 through December 31, 1988 and who select a Health Insurance lan provided by the Employer and until such retirees reach sixty-five (65) years of age, the cost of such retiree coverage or $106.32 per month hichever is less. For such retirees selecting family coverage the Employer w 11 contribute the cost of such family coverage or $318.41 per month, whicheve is less. 16.6 The Employer will for the perio of this Agreement contribute for employees who retire after December 31, 1 88 and who select the HMO plan provided by the Employer and until such ret rees reach sixty-five (65) years of age, the cost of such retiree coverage o $84.42 per month whichever is less. For such retirees selecting family cover ge the Employer will contribute the cost of such family coverage or �211.09 per month, whichever is less. The 1988 HMO plan is understood to be Group ealth. 16.7 The Employer will for the perio of this Agreement contribute for employees who retire after December 31, 1 88 and who select the Indemnity Health Insurance Plan provided by the mployer and until such retirees reach sixty-five (65) years of age, t e cost of such retirees coverage or 5106.32 per month whichever is less. F r such retirees selecting family coverage the Employer will contribute th cost of such family coverage or $318.41 per month, whichever is less. The 988 Indemnity Aealth Insurance Plan is understood to be the Physician' Health Plan-Combination Plan. - 23 - ARTICLE XVI - INSURANCE (Continued) 16.8 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 twenty years of service at the time of their retirement, the Employer will provide health insurance contributions toward employee health insurance plans as are provided by the Employer for retirees 65 years of age or older as approved by City Council Resolution. For such employees or early retirees who have not completed at least twenty (20) years of service at the time of their retirement, the Employer will discontinue providing any health insurance contributions upon their retirement or in the case of early retirees upon their reaching age 65. 16.9 Employees who retire after execution of this Agreement must meet the following conditions at the time of retirement to be eligible for the City contributions to health insurance set forth in Articles 16.5, 16.6 and 16.7. 16.9.1 Be receiving benefits from a public employee retiree act covering employees of the City of St. Paul at the time of retirement. AND 16.9.2 Have severed his relationship with the City of St. Paul under one of the early retiree plans. 16.10 Effective January 1, 1989 in addition to meeting the eligibility requirements stated in 16.9.1 and 16.9.2 above, retiring employees must also meet the following condition in order to be eligible for the early retiree insurance benefits set forth in Articles 16.6 and 16.7. 16.10.1 The combination of their age and their years of service must equal eighty-five (85) or more OR Must have completed at least fifteen (15) years of service. 16.11 Effective January 1, 1989 full-time employees who retire and who meet the conditions set forth in 16.9.1 and 16.9.2 but who meet none of the conditions set forth in 16.10.1, 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 and Years of Service Single Coverage 84 90' 83 80Z 82 70� 81 60' 80 50� 16.12 The health insurance plan(s) offered by the Employer shall consist of benefits and conditions as established by the contract(s) between the employer and the selected insurance carrier(s) . The 1988 HMO Plan is understood to be Group Health. The 1988 Indemnity Health Insurance Plan is understood to be the Physician's Health Plan-Combination Plan. In the event the Employer makes a different Health Insurance Plan available to City employees, such plan shall be made available to employees covered by this Agreement. - 24 - ARTICLE XVI - INSURANCE (Continued) 16.13 The contributions indicated in this Article 16 shall be paid to the Employer's Group Health and We fare Plan. 16.14 Any cost of any premium for an City-offered employee or �amily insurance coverage in excess of the doll r amounts stated in this Article 16 shall be paid by the employee. 16.15 For the purposes of this Artic e 16 an early retiree is a retiree who is less than sixty-five (65) y ars of age. 16.16 For the purpose of this Articl 16, years of service shall be defined as the number of years since the mployee's date of appointment. This shall not include years of service p ior to a resignation. - 25 - ARTICLE XVII CITY MILEAGE 17.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 17.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. Type 1 . If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $3.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's position. In addition, the employee shall be reimbursed 15� per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reim- bursed at the rate of 15� per mile driven and shall not be eligible for any per diem. Type 2. If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reimbursed at the rate of $3.00 per day for each day of work. In addition, the employee shall be reimbursed 15C per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee�s use but the employee desires to use his/her own automobile, then the employee shall be reim- bursed at the rate of 15C per mile driven and shall not be eligible for any per diem. 17.3 The City will provide parking at the Civic Ceater Parking Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to have their personal car available for City business. Such parking will be provided only for the days the employee is required to have his or her own personal car available. 17.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than $100,000/�300,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the city clerk. - 26 - ARTICLE RVIII - SEVERANCE PAY 18.1 The employer shall provide a se erance pay program as set forth in this Article. 18.2 To be eligible for the severanc pay program, an employee must meet the following requirements: 18.21 The employee must be 58 y ars of age or older or must be eligible for pension under the "ru e of 85" or "rule of 90" provisions of the Public Employees Retireme t Association (PERA) . 18.22 The employee must be volu tarily separated from City employment or have been sub�ect to s paration by layoff or compulsory retirement. Those employ es who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible f r the City severance pay program. 18.23 The Employee must have at least ten (10) years of service under the classified or unclass fied Civil Service at the time of separation. 18.24 The Employee must file a aiver of reemployment with the Director of Personnel, w ich will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemplo ent (of any type) , with the City or with Independent Scho 1 District No. 625. 18.25 The employee must have a cumulated a minimum of sisty (60) days of sick leave credi s at the time of his separation from service. 18.3 If an employee requests severa ce pay and if the employee meets the eligibility requirements set f rth above, he or she will be granted severance pay in an amount equ 1 to one-half of the daily rate of pay for the position held by the e ployee on the date of separation for each day of accrued sick leave sub�ect to a maximum of 200 accrued sick leave days. 18.4 The maximum amount of money t t any employee may obtain through this severance pay program is $6,50 . - 7 - ARTICLE %VIII - SEVERANCE PAY (continued) 18.5 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. 18.6 For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 18.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 18.8 This severance pay program shall be sub3ect to and governed by the pro- visions 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. 18.9 The provisions of this article shall be effective December 31, 1984. 18.10 Any employee hired prior to December 31, 1982, 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 severaace pay under either this article or the ordinance shall constitute a bar to receiving severance pay from the other. Any employee hired after December 31, 1984, shall only be entitled to the benefits of this article upon meeting the qualifications herein. - 28 - " �-'�- ��.y ARTICLE XIX - WORKING OUT OF CLASSIF CATION I9.1 Any employee working an out-of- lass assignment for a period in excess of fifteen (15) consecutive wor ing days during any fiscal year of employer, shall receive the rat of pay for the outofclass assignment in a higher classification not ater than the sixteenth day of such assignment. For purposes of th s article, an out-of-class assignment is defined as the full-time per ormance of all of the significant duties and responsibilities of a class fication by an individual in another classification. For the purpos of this article, the rate of pay for an out-of-class assignment shal be the same rate the employee would receive if he was promoted to t e higher classification. - 29 - ARTICLE XX - MATERNITY LEAVE 20.1 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 anytime 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. - 30 - ARTICLE XXI - NO STRIRE, NO LOCKOUT 21.1 The ASSOCIATION and the EMPLOYE agree that there shall be no strikes, work stoppages, slow downs, sit own, stay in, or other considered interference with the employers business or affairs by the ASSOCZATION and/or the members thereof, and there shall be no bannering during the existence of this AGREEMENT wit out first using all possible means of peaceful settlement of any c troversy that may arise. - 31 ARTICLE RXII - RIGHT TO SUBCONTRACT 22.1 The EMPLOYER may, at anytime during the duration of this AGREEMENT, contract out work done by the employees covered by this AGREEMENT. In the event that such contracting would result in reduction of the work force covered by this AGREEMENT, the EMPLOYER shall give the ASSOCIATION a ninety (90) calendar day notice of the intention to subcontract. - 32 - ��'''�- �'� 9 ARTICLE XXIII — ADMINISTRATIVE SERVI E FEE 23.1 The ASSOCIATION agrees that an dministrative service fee of fifty cents (�0.50) per member er month shall be deducted by the City of St. Paul from the a ount withheld for dues or fair share prior to remittance of du s or fair share to the ASSOCIATION. — 33 — . ARTICLE XXIV - WAGE SCHEDULE The wage schedule for purposes of this contract shall be as follows: Effective January 2, 1988: UNGRADED (Hourly Rates) Assistant Supervisor of Custodians 515.86 Dispatcher I (paid out of grade) $15.75 Custodial Supervisor-Civic Center $14.61 Painter General Foreman $19.87 Night Custodial Supervisor--Civic Center 512.32 0-6 mos after 6 mos Custodian-Engineer (Public Safety Bldg) $15.89 $16.47 GRADED (Bi-weekly Rates) Marina Services Supervisor . lst 6 mos. after 6 mos. $1217.95 �1252.05 Animal Control Supervisor *Chief Meter Repairman Forestry Supervisor I Greenskeeper Park Maintenance Supervisor Public Works Supervisor I Sewer Foreman I _ Supervising Gardener Traffic Maintenance Supervisor I Water Service Supervisor Water Shed Foreman I Zoo Supervisor lst 6 mos. after 6 mos. $1321.50 �1357.36 Bridge Maintenance Supervisor I lst 6 mos. after 6 mos. 51326.44 $1362.30 Bridge Maintenance Supervisor II Equipment Maintenance Foreman Foreman-Water Department Forestry Supervisor II Grounds and Labor Coordinator Meter Operations Supervisor Public Works Supervisor II Sewer Foreman II Supervisor of Garbage Collection Vehicle Mechanic Supervisor Water Shed Foreman II lst 6 mos. after 6 mos. �1394.90 $1434.95 Equipment Maintenance Foreman lst 6 mos. after 6 mos. 51413.00 $1453.05 - 34 - . � ARTICLE XXIV - (Continued) Effective J uar 2, 1988 GRAD (Bi-weekly Rates) *Supervisor of Lime Recovery Plant Supervisor of Wate Production Maintenance Traffic Maintenanc Foreman II Water Production 0 erations Supervisor lst 6 mos. after 6 mos. 51476.70 $1521.72 Building Maintenan e Supervisor--Libraries Public Works Super isor III Sewer Foreman III lst 6 mos. after 6 mos. - $1521.72 �1565.11 _ Building Maintenan e Supervisor--Fire lst 6 mos. after 6 mos. $1607.65 $1654.36 Public Works Field Supervisor lst 6 mos. after 6 mos. 51656.90 $1706.11 Building Maintena e Supervisor--Parks and Rec. Supervisor of Cus dial Services lst 6 mos. after 6 mos. $1706.93 $1757.82 FOOD SERVICE EQUIP NT SPECIALIST (Hourly Rates) ° Start 6 Mos. 1 Yr. 2 Yrs. 3 Yrs. $12.98 �13.64 $14.31 $15.03 $15.83 The above January 2, 1988 rates repre ent a two and eighty-five one-hundreths (2.85�) increase over the January 3, 987 rates. Retroactive pay ad3ustments shall not apply to employees whose employment was terminated prior to April 14, 1988. Comparable Worth Adjustments The above January 2, 1988 rates for t e titles listed below include 1988 Comparable Worth adjustments as shown: TITLE JANUARY 2, 1988 Equipment Maintenance Foreman $0.22 per hour Bridge Maintenance Supervisor I $0.06 per hour - 35 - ARTICLE XXIV - WAGE SCHEDULE The wage schedule for purposes of this contract shall be as follows: Effective December 31, 1988 UNGRADED (Hourly Rates) Assistant Supervisor of Custodians $16.31 Dispatcher I (paid out of grade) $16.20 Custodial Supervisor-Civic Center �15.03 Painter General Foreman $20.44 Night Custodial Supervisor-Civic Center $12.67 0-6 mos. after 6 mos. Custodian-Engineer (Public Safety Bldg) $16.34 $16.94 GRADED (Bi-weekly Rates) . Marina Services Supervisor lst 6 mos. after 6 mos. $1252.66 $1287.73 Animal Control Supervisor *Chief Meter Repairman Forestry Supervisor I Greenskeeper Park Maintenance Supervisor Public Works Supervisor I Sewer Foreman I Supervising Gardener Traffic Maintenance Supervisor I Water Service Supervisor Water Shed Foreman I Zoo Supervisor lst 6 mos. after 6 mos. $1359.16 E1396.04 Bridge Maintenance Supervisor I lst 6 mos. after 6 mos. $1364.24 $1401.13 Bridge Maintenance Supervisor II Equipment Maintenance Foreman Foreman-Water Department Forestry Supervisor II Grounds and Labor Coordinator Meter Operations Supervisor Public Works Supervisor II Sewer Foreman II Supervisor of Garbage Collection Vehicle Mechanic Supervisor Water Shed Foreman II lst 6 mos. after 6 mos. $1434.65 51475.85 Equipment Maintenance Foreman lst 6 mos. after 6 mos. $1471.37 $1512.56 - 36 - ARTICLE XXIV - (Continued) Effect ve December 31, 1988 GRADED (Bi-weekly Rates) *Supervisor of L e Recovery Supervisor of W ter Production Maintenance Traffic Maintena ce Foreman II Water Production Operations Supervisor lst 6 mos. after 6 mos. $1518.79 $1565.09 Building Mainten nce Supervisor--Libraries Public Works Sup rvisor III Sewer Foreman II lst 6 mos. after 6 mos. $1565.09 $1609.72 Building Mainten nce Supervisor--Fire lst 6 mos. after 6 mos. $1653.47 $1701.51 Public Works Fie d Supervisor lst 6 mos. after 6 mos. $1704.12 $1754.73 Building Mainten ce Supervisor--Parks and Rec. Supervisor of Cus odial Services lst 6 mos. after 6 mos. $1755.58 $1807.92 FOOD SERVICE EQUIP NT SPECIALIST (Hourly Rates) Start 6 Mos. 1 Yr. 2 Yrs. 3 Yrs. $13.35 $14.03 $14.72 $15.46 $16.28 The above rates represent a two and e ghty-five one-hundreths increase (2.85') over the January 2, 1988 rates. Comparable Worth Ad�ustments The above December 31, 1988 rates for the title of Equipment Maintenance Forman include a 1987 Comparable Worth adjus ment of twenty-two cents ($0.22) per hour. - 37 - ARTICLE XXV - TERMS OF AGREEMENT 25.1 This Agreement shall be effective as of January 1, 1988 and shall continue in effect thru December 31, 1989. This Agreement shall not be extended orally and it is understood that it shall expire on the date indicated. 25.2 It is understood that this settlement shall be recommended by the City Negotiator, but is subject to approval by the City Council and Civil Service Commission. 25.3 The Employer and the ASSOCIATION acknowledged that during the meeting and negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any sub�ect c.oncerning 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 employ- ment to the extent they are inconsistent with this agreement are hereby super- seded. In those areas where Civ�l Service Rules are not consistent with this AGREEMENT, the Civil Service Rules shall continue to be in effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this 29th day of April, 1988. THE ST. PAUL MANUAL AND MAINTENANCE CITY OF SAINT PAUL SUPERVISORS ASSOCIATION � � �� . / : 'I/ � /f r !�T/ � or Relations Man er esident v ����� � Personne tor - 38 -