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99-286Council File # � - agc QRIGINAL Presented Referred To Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1999-2000 Labor Agreement between the City of Saint Paul and the International Union of Operating Engineers Local 70. Requested by Depaztment o£ Office of Labor Relations BY � �� Adoption Certified by Council Secretary By: �—�_ � �Q � . �— Approved by May . Date l�'� T 4��g� T g ,r Green Sheet # 63928_ RESOLUTION CITY OF SAINT PAUL, MINNESOTA r1 ! Adopted by Council: Date �,� _ � \ �� {� .� Form App v City Atto By: DEPARTMEA'T/OFFICE/COUNC'L DATE INITTATED GREEN SHEET No.• 63928 � LABOR RELATION3 3/17/99 ' CONTACI' PERSON & PHONE: � 1NITIAI✓DATE INITIAL/DATE J[JLIE KFtAUS 266-6513 ASSIGN I DEPARTMENC DIR �_ 4 CITY COUNCIL NUMBER 2 CITY ATI'ORNEY CITY CLERK MUST BE ON COUIVCIL AGEA`DA BY (DATE) F�R BUDGET DIR. FIN. & MGT. SERVICE DIR. ROUTING 3 MAYOR (OR ASST.)� ORDER TOTAL # OF SIGNA'CURE PAGES_I (CLIP ALL LOCATIO,�'S FOR SIGNAI'URE) ncnon xEQUesrEn: This resolution approves the attached 1999-2000 Labor Agreement between the City of Saint Paul and the International Union of Operating Engineers Loca170. RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAI, SERVICE CON7'RACI'S ,rIUST ANSWER THE FOLLOK'ING QUESTIONS: _PLANNING COMMISSION _CIVIL SERVICE COMIvIISSION I. Has this person/firm ever worked mder a conhact for this departmrnfl _CIB COMIvffTTEE Yes No STAFF 2. Has this person/fi�m ever been a city employee? DISTRICT COURT Yes No SiJPPORTS WHICH COUNCIL OBJECII VE? 3. Does this person/fian possess a skill not nocmaily possessed by any cursen[ city employee? Yes No Explain all yes answers on separate sheet and attac6 to green sheet INTTIATING PROBLEM, ISSUE, OPPORTIINITY (Who, What, When, Where, Why): ADVANTAGES IF APPROVED DISADVANTAGESIFAPPROVED: G�4`L.'�:"it.•�i S`��,v:^.'.i`�� v''.�'?( �� 'K � '''' � �:� ��±� � � ��9 � :3 � �� , � � �N,-� � � �i�r� � 2 1�� DISADVANTAGES IF NOT APPROVED: �° � ` �°w 'e' E-.KC �� t°�,y � � x' c- . ._�._.�_____ .,..._ _'_ ' '� � � y •�.�� y�' 8 TOTAL AMODNT OF TRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTMTY NUMBER: FINANCIAL INFORMATION: (EXPLAIN) �$ 99 -�8� ATTACfIMENT TO TI� GREEN SHEET Intemationat Union of Operating Engineers Loca170 Below is a summary of the changes in the Collective Bazgaining Agreement between the City of Saint Paul and the Intemational Union of Operating Engineers Local 70. This is the City's first agreement for the yeaz 2000. Wages: 1999: 2.5% : 2.0% effective 1/02/99; .5% effective 6/19/99 2000: 3.0% effective 1/O1/2000 Health Insurance: 1999: Single $193.25 This represents an amount equal to full single coverage. Family $364.15 - The increase far the single health insurance premium for 1999 was $1430. The union agreed to appiy this same amount to the employer contribution for family coverage. Thus giving single and members with families the same increase. The $1430 represents 39% of the family premium increase. 2000: Single: Full single amount Family: $364.15 + Single increase amount -. �aCg- � ��E �:. . � � �_ �� -_ �:. �� _. � � � � �_� � : - 19A� - 2000 _ _ LASOR AGREEIVIENT . �=.b.etv�een - �� - _ .-. - _. . , E. - � . _., , '��T�' CITY O�: SAI�T'T PAUL � � ai�� =� � _ ; INT`ET�.NATIONAL UNION:_QF �}P�RA'�'ING ` � _ ,. - � GINE�RS ; . _ i�I _ � ,� . : . Lo�AL �o •� : _ .. . _ _ � .� �_ - , _, : INDEX r� L� ARTICLE TITLE PAGE Preamble................................................. ii 1 Recognition ................................................1 2 Definitions .................................................1 3 Dues-FairShaze ............................................2 4 Union Rights ...............................................2 5 Seniority ...................................................3 6 ManagementRights ..........................................4 7 Hours,Premium Pay .........................................4 8 Leavesof Absence .......................................... .6 9 Military Leave of Absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Jury Duty ..................................................7 11 Severance Pay ..............................................8 12 Mileage ..................................................11 13 Residency .................................................12 14 Working Out of Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 • IS Discipline .................................................12 16 Insurance .................................................13 17 Holidays ..................................................17 18 Vacation ..................................................18 19 Grievance Procedure ........................................18 20 Wage Schedule .............................................20 21 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 22 Non-Discrimination .........................................21 23 Safety Shoes ...............................................21 24 Termsof Agreement ........................................22 Appendix A - Wages ....................................... A1 Appendix B - Como Pazk Conservatory/Zoo Layoffs . . . . . . . . . . . . . . B 1 • i PREAMBLE �� L This Agreement has been entered into beriveen the City of Saint Paul, hereafter refened to as the Employer, and Local Union No. 70, International Union of Operating Engineers, AFL-CIO, hereafter referred to as the i3nion. This Agreement has as its purpose the promotion of hazmonious relations between the Empioyer and the Union, the establishment of an equitable and peaceful procedure for ihe resolution of differences, and the establishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above objectives in fuli compliance • with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1984, as amended. . ii tircil�,tJr; 1 - RECOGNITION 1.1 The Employer recognizes the Unaon as the sole and exclusive bazgaining agent for the purposes of establishing wages, benefits, hours and other conditions of employment for all of its employees as • outlined in the certification by the State of Minnesota, Bureau of Mediation Services, under Case No. 73-PR-444-A, as amended, to read as follows: All regulaz, probationary, and provisional engineering and building maintenance personnei who aze employed by the City of St. Paul or who have their "terms and conditions of employmenY' established by the governing body of the City of St. Paul, and whose employment service exceeds the lesser of 14 hours per week or 35 percent of the normal work week and more than 67 work days per yeaz in the following classifications: Building Maintenance Engineer, Chief Operating Engineer--Civic Center, Custodial Worker, Custodian, Custodian Engineer I, Custodian Engineer I--Library, Custodian Engineer I--Public Safety, Custodian- -Engineer II, Custodian Engineer II--Library, Custodian Engineer III, Custodian Engineer III--Library, *Filter Plant Operator I, Custodian (Light Duty), House Custodian II, Instrument Repairer (Filter Plant), Maintenance Worker, Operating Engineez I, Operating Engineer II, Operating Engineer--Civic Center, Pazk Ranger, *Pumping Engineer I, Pumping Engineer II, Pumping Engineer III, Security Officer, Sewer Pumping Station Operator, Stadium Supervisor, Supervising Stationary Engineer, Watchman--Water Department, Water Plant Operator I, Water Plant Aide, Water Treatment Plant Operator II, Trainee (Custodian Engineer); excluding supervisory, managerial, clerical confidential, temporary and emergency employees, those exclusively represented by other labor or employee organizations, and all other employees. 1.2 The parties agree that any new classifications which are an expansion of the above bazgaining unit or • which derive from the classifications set 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 Empioyment Relations Act to accomplish said objective. ARTICL� 2 - DEFINITIONS 2.1 Collective Bargaining - The Employer wiil bargain coilectively with the Union and with respect to rates of pay, hours and other conditions pertaining to empioyment for all of the employees in the unit hereinbefore set forth. 2.2 Maintenance of Standards - The Employer agrees that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and generai working conditions shall be maintained at not less than the highest minimum standazd as set forth in the Civil Service Rules of the City of Saint Paul, (Resolution No. 3250 and the Saint Paul Salary Plan and Rates of Compensation) at the time of the signing of this Agreement, and the conditions of employment shal] be improved wherever specific provisions for improvement aze made elsewhere in this Agreement. • ARTICLE 2 - DEFINITIONS (Continued� 23 Discriminatiou - The Employer wiIl not interfere with, restrain or coerce the employees covered by this Agreement because of inembership in or activity on behalf of the Union. The Employer will not discriminate in respect to }vre, tenure of employment or any term or condition of employment against any employee covered by this Agreement because of inembership in or activity on behalf of the Union,• nor will it discourage or attempt to discourage membership in the Union, or attempt to encourage membership in another Union. 2.4 The term 'Bmployer" shall mean the City of St. Paul or the St. Paul Water Utility. ARTICLE 3- DUES - FAIR SHARE 3.1 Dues - The Employer agrees to deduct the Union membership initiation fee assessments and once each month dues from the pay to those employees who individually request in writing that such deductions be made. The amounts to be deducted shalt be certified to the Employer by a representative of the Union and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the firsY of the succeeding month after such deductions are made or as soon therea$er as is possible. 3.2 Fair share - Any present or future employee who is not a Union member shall be required to contribute a fair share fee for services rendered by the Union. IJpon notification by the Union, the Employer shali check off said fee from the earnings of the employee and iransmit the same to the Union. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in reIationship to negotiation and administration of grievance procedures. This provision shall remain operative only so long as specificatly provided by Minnesota law, and as � otherc�7se legal. 3.3 The Union will indemnify, defend and hold the Employer hazmless against any claims made and against any suits instituted against the City, its officers or employees, by reason of negligence of the Union in requesting or receiving deductions under this Article. The City will indemnify, defend and hoid the LJNION harmless against any claims made and against any suits instituted against the Union, its officers or employees by reason af negtigence on the part of the Employer in making or forwazding deductions under this Article. ARTICLE 4 - UNION RIGHTS 4.1 The Union may designate employees within the bazgaining unit to serve as Union Stewazds and shalI be reqnired to administer this Agreement. 4.2 The Union shall furnish the Employer and appropriate Department Heads and Labor Relations Director with a list of Stewards and altemaYes, and shall, as soon as possible, notif} said appropriate City officials in writing of any changes thereto. Oniy those who are Officers and Stewazds shali be recognized by the Employer for the purpose of ineetings. • Hnii�.Lr., 4 - UN1�N RIGHTS (Continued) 43 There shall be no deduction from the pay of a Stewazd when direcfly involved in meetings with management relating to the administration of this Agreement during working hours. • 4.4 Designated Union Representatives shall be permitted to visit employees on job sites and at department buiidings during working hours for the purpose of the administration of this contract. 4.5 Shop SteR�ard - One shop steward from each department will be allowed to accompany an employee's authorized representative during regulaz working hours for the purpose of wage, salary, or fringe benefit discussions or other probiems of their particular concem involving employees of the City of St. Paul under the foilowing conditions: i) That only one employee from any one deparnnent be allowed to leave hislher work. 2) That the steward be expected to attend these meetings on his/her own time when they are held outside of his/her regulaz working hours. 3) That adequate notice is given to the department heads so that permission may be obtained. 4) That the stewazd has officially been designated as such by the Union that helshe represents. 5) Union Conventions - Duly elected Union delegates shall be granted time off without pay for one week to attend such convention. Vacation or compensatory time may be used for this purpose. The Union shall gave at least ten working days advance notice of the employees who will be participating in such conventions. • ARTICLE 5 - SENIORITY 5.1 Seniority, for the purpose of this Agreement, shail be defined as follows: The length of continuous, regular and probationary service with the Employer from the date an employee was first appointed to a class title covered by this Agreement, it being further understood that seniority is confined to the current class assignment held by an employee. In cases where two or more employees aze appointed to the same class title on the same date, the seniority shail be determined by the employee's rank on the eligible list from which certification was made. 5.2 Seniority shall temunate when an empioyee retires, resigns, or is dischazged. 53 In the event it is determined by the Employer that it is necessary to reduce the work force, employees will be laid off by class title within each department based on inverse length of seniority as defined above. 5.4 In cases where there are promotional series, such as Custodian Engineer I, II, III, etc., when the number of employees in the higher titles is to be reduced, employees who have held lower titles in the bargaining unit will be offered reductions to the highest title to which class seniority would keep them from being laid off, before layoffs aze made by any class title in any department. • 3 ARTICLE 5 - SENIORITY (Continued) 5.5 Recalt from layoff shali be in inverse order of 2ayoff, except that recall rights shall expire after two years - of layoff. 5.6 It is understood that such employees will pick up their former seniority date in any class of positions th� they previously held. ARTICLE 6 - MANAGEMENT RIGHTS 6.1 The Union recognizes the right of the Employer to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the Employer has not officially abridged, delegated, or modified by this Agreement aze retained by the Employer. 6.2 A public Employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but aze not limited to, such azeas of discretion of poticy as the funcrions and progranis of the Employer, its overall budget, utilization oftechnology, and organizational structure and selection and direction and number of personnel. ARTICLE '7 - HOURS, PREMIUM PAY 7.1 Hours of Employment - The normal work day and the normal work week shall be 8 consecutive hours in any 24-hour period and 40 hours in any 7-day period. (For employees on a shift basis, this shall be construed to mean an average of forty hours a week.) The normal work week shall consist of 5 consecutive normal work days. Within the Division of Libraries, the normat work week shatl consist o� 5 consecutive normal work days followed by two (2) consecutive days off. 72 Call-in-Pay - When an employee is called to work he/she shall receive two hours pay if not put to work. If an emptoyee is called to work and commences work, he/she shall be guaranteed four straight time hours pay, or one and one-half (1.5) times the employee's normai hourly rate for the actual number of hours worked, whichever is greater. These pzovisions, however, shall not be effective when work is unable to proceed because of adverse weather condifions; nor shall these provisions apply to temporary or emergency employees nor to employees employed under any of the titles listed in Section 3.M of the Civil Service Rules under the heading "Special Employments"; nor to any person whose regulaz scheduled workday is less than four hours. 73 Overtime - Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by the order of the head of the department. An Employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such overtime work. The basis on which such overtime shall be paid shali be detemuned by the employee provided there is money in the budget. In the Division of Libraries, over[ime which is scheduIed overtime shall be paid at tlie discretion of the Employer; overtime which is unscheduled shall be at the choice of the employee provided there is money in the budget. The overtime rate of one and one-half shall be computed on the basis of 1/80th of the bi-weekly rate, � .....�...�L r - nvUK�� rtt�MIUM PAY (Continued) 7.4 Premium Pay - To any employee who works on a regulazly assigned shift beginning earIier than 6 a.m. � or ending later than 6 p.m., provided that at least five hours of the shift are worked between the hours of . 6 p.m. and 6 a.m., there shall be paid a night differential for the entire shift. To any employee who works on a regulazly assigned shift, beginning eazlier than 6 a.m. or ending later than 6 p.m., but less than five hours of the shift are worked between the hours of 6 p.m. and 6 a.m., there shail be paid a night differential for the hours worked between the hours of 6 p.m. and 6 a.m. Notwithstanding Secfion III B of the Saint Paul Salary Plan and Rates of Compensation, employees working at the Water Utility's Filtration Plant and who are regularly assigned to a shift which begins at 2:30 p.m. shall be eligible for the night differential as stated in Section III B for the entire shift. 7.5 The night differential sha11 be 5% of the base rate, and shall be paid only for those night shifts actually worked; provided, however, that the provisions of this subsection shall not apply to emergency or temporary empioyees in the Auditorium, or to employees holding titles listed in Section II of the Saint Paul Salary Plan and Rates of Compensation under the heading "Special Employments" in this bazgaining unit. 7.6 A premium pay of twenty-five (25) cents per hour shall be paid for ali swing stage work, such as any work performed from a boatswain's chair or a swing scaffold, fifry (50) feet or more above the ground. All standard safety laws shall be complied with. 7.7 Notwithstanding Article 7.1, employees may, through mutual agreement with the Employer, work schedules other than schedules limited by the normal work day and work week as set forth in Article 7.1. • Overtime compensation for employees working under such agreements shall be sub}ect to the provisions, for same, as set forth by the Fair Labor Standazds Act. 7.8 For employees who wish to shaze a position, the Employer will attempt to provide options for implementing a sharing arrangement. Such an arrangement must be mutually agreed upon by the Employer and the employees involved. Vacation, holiday, and sick leave benefits for employees who shaze a position shall be pro-rated based upon the percent of hours worked. Health insurance benefits sha11 be administered in accordance with the provisions of Article 16 (Insurance) of this Agreement. In the event that one of the employees participating in the shazed position is terminated or terminates employment, the Employer shail post the job sharing vacancy for a period of ten (10) days. If, at the end of ten (10) days, such vacancy cannot be filled, the Employer shall have the option of increasing the remaining employee's work hours. ?.9 Articles ?.'1, and 7.8 shall not be sub,ject to the provisions of Articie 19 (Grievance Procedure) of this Agreement. n U ARTICLE 8- LEAVE� b� AI��N�.�� 8.1 Leave of Absence - After three month's employment, an employee may make application for a leave of absence not to exceed one year. A leave of absence shall be graated on the basis established in the Civi1 - Service Rules (Resolution No. 3250). • 8.2 Sick Leave - Sick leave shatl accumulate at the rate of .0576 of a wotking hour for each full hour on the payrotl, excluding overtime. Sick leave accuxnulation is unlunited. To be eligible for sick leave employees must report to their supervisor no later than one-half hour past their regulaz scheduled starting time. The granting of sick teave shalt be subject to the terms and pmvisions of Resolution No. 3250 of the Ciry of Saint Paul. 83 Any employee who has accumulated sick leave credits as pmvided above sha11 be granted leave with pay, for such period of time as the head of the department deems necessary, on account of sickness or injury of the employee, quazantine established by a public health enforcement agency, death of the employee's mother, father, spouse, child, brother, sister, mather-in-taw, father-in-law, grandparent, grandchild or other person who is a member of the household; and may be granted leave with pay for such time as is acmaliy necessary for office visits to a doctor, dentisY, optometrist, etc. 8.4 In the case of a serious illness or disability of an employee's child, pazent, or household member, the head of the department shall grant leave with pay in order for the employee to care for or make arrangements for the caze of such sick or disabled persons. Such paid 2eave shall be drawn from the employees accumulated sick leave credits. Use of such sick leave shall be limited to 40 hours per incident. 8.5 Maternity and Parentai Leave - Pregnant employees of the City of Saint Paul shall be eligible for the use of paid sick leave and unpaid leave of absence in the same manner as any other disabled or ill City employee. Such paid sick leave eligibility shall begin upon certi&carion by the employee's attending physician that the employee is disabled in terms of her ability to perform the duties of her position. A twelve (12) month Pazental leave of absence without pay shatl be granted to a natural parent or an adoptive parent, who requests such leave in conjunction with the birth or adoption of a child. Such leave may be extended an additional twelve (12) months by mutual agreement between the employee and the Employer. Refusal on the part of the Employer to grant an elctension of such leave shali not be subject to the provisions of Articie 6 of this Agreement. Employees who return folIowing such Ieaves of absence shail be placed in a position of equivalent salary and tenure as the one held just prior to the beginning of their leave. 8.6 School Conference Leave - An employee shall be granted up to a total of sixteen (16) hours during a school yeaz to attend school conferences or classroom activities related to the employee's child, provided the conferences or classroom activities cannot be rescheduled during non-work hours. If the need for the Ieave is foreseeable, the employee must provide reasonable prior notice of the leave and make a reasonabie effort to schedule the leave so as not to disrupt unduly the operation of the Employer. An employee shall be allowed to use vacation or compensatory time for this leave; otherwise this leave shall be without pay. 6 r L� ARTICLE 9- MILITARY LEAVE OF ABSENCE , 9.1 Pay Allowance - Any employee who shall be a member of the Nationai Guard, the Naval Militia or any other component of the militia of the state, now or hereafrer organized or constituted under state or � federal law, or who shali be a member of the Officer's Reserve Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval force of the United States, now or hereafter organized or constituted under Federal law, shail be entitled to leave of absence from employment without loss of pay, seniority status, efficiency rating, vacation, sick leave or other benefits for all the time when such employee is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, provided that such leave shall not exceed a total of fifteen (15} days in any calendaz year and, further provided that such leave shall be•allowed only in case the required military or naval service is satisfactorily performed, which shali be presuxned unless the contrary is established. Such leave shali not be allowed unless the employee: (1) retums to hisJher position immediately upon being relieved from such military or naval service and not later than the expiration of time herein limited for such leave, or (2) is prevented from so retuming by physical or mental disability or other cause not due to such employee's own fault, or (3) is required by proper authority to continue in such military or naval service beyond the time herein limited for such leave. 4.2 Leave Without Pay - Any employee who engages in active service in time of waz or other emergency declared by proper authority of any of the military or naval forces of the state or of the United States for which leave is not otherwise ailowed by law shall be entitled to leave of absence from employment without pay during such service with right of reinstatement and subject to such conditions as aze imposed by law. • 9.3 Such leave of absence as are granted under Article 9 shall conform to Minnesota 3tatutes, Section 192, as amended from time to time and shall confer no additional benefits other than those granted by said statute. ARTICLE 10 - 3[3RY DUTY i Q.1 Employees who are required to appeaz in court as jurors or witnesses sha11 be paid their regular pay while they are so engaged, provided however, that any fees that employeas may receive from the court for such service shall be paid to the Employer and be deposited with the Director of Finance and Management Services. Any empioyee who is scheduled to work a shift, other than the normal daytime shift, shali be rescheduled to work the normal daytime shift during such time as he/she is required to appeaz in court as a juror or witness. • ARTICLE 11 - SEVERANCE PAI� l 1.1 The Employer shall provide a severance pay program as set forth in this Article. I 1.2 To be eligible for the severance pay program, an employee must meet the foiIowing requirements: � (1) The employee must be 58 yeazs of age or older or must be eligible for pension under the "rule of 85" or the "rale of 90" provisions of the Public Employees Retirement Association (PERA). The "rule of 85" or the "rule of 90" criteria shalI also apply to employees covered by a public pension plan other than PERA. (2} The employee tnust be votuntarily separated from Ciry employment or have been subject to sepazation by lay-off or compulsory retirement. Those employees who aze discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. (3) The employee must have at least ten (10) yeazs of consecutive service under the cIassified or unclassified Civil Service at the time of sepazation. For the purpose of this Article, service requirements for severance eligibility wilt not include years of service with School District #625 for employees hired by the City, or transfeaed to the City after December 31, 1998. (4) The empioyee must file a waiver of re-employment with the D'uector of Human Resources, which wili clearly indicate that by requesting severance pay, the employee waives al1 claims to reinstatement or re-employment (of any type), with the City. (5) The employee must have accumnlated a minimum of sixty (60) days of sick leave credits at the time of his/her sepazation from service. S 113 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 sepazarion for each day of accrued sick Ieave subject to a m�imum of 200 accrued sick leave days. 11.4 The maximum amount of money that any employee may obtain ihrough this severance pay program is $6,500. 11.5 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, and if at the time of his or her death, the employee would have met all of the requirements set forth above, payment of the severance pay may be made to the empioyee's estate or spouse. 1 t.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 considered a separarion of employment, and such transferee shall be eligible for the City severance program. r7 L� ARTICLE 11 - SEVERA.NCE PAY (Continued) ll.7 The manner of payment of such severance pay shail be made in accordance with the provisions of City Ordinance No. 11490. � 11.8 This severance pay program shall be subject to and govemed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this articie conflict with said ordinance and in such cases, the provisions of this article shall control. 11.9 The provisions of this azticle shall be effective as of December 24, 1983. 11.10 Any employee hired prior to December 31, 1983 may, in any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this article or the ordinance shall constitute a baz to receiving severance pay from the other. Any employee hired after December 31, 1983 shall only be entitled to the benefits of this articie upon meeting the qualifications herein. I I.I I Articies 11.12 through I 1.18 shall apply only to employees appointed after June 26, 1990. 11.12 The Employer shall provide a severance pay program as set forth in Articles 11.13 through I 1.20. 11.13 To be eligible for the severance pay program, an employee must meet the following requirements. (1) The employee must be voluntazily separated from the City employment or have been subject to separation by layoff or compulsory retirement. Those employees who aze diseharged for cause, � misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligible for the city severance pay program. (2) The employee must file a waiver of re-employment with the Human Resources Director, which will cleazly indicate that by requesting severance gay, the employee waives all claims to reinstatement or re-employment (of any rype), with the City. (3) The employee must have an accumulated balance of at least eighry (80) days of sick leave credits at the time of his separation from the service. • 9 ARTICLE 11 - SEVERANCE PAY (Continued� 11.14 If an employee requests severance pay and if the employee meets the eligibility requirements set forth abave, he or she will be granted severance pay in an amount equal to one-half of the daily rnte of pay for � the position held by the employee on the date of separation for each day of accrued sick leave subject to� a m�imum as shown below based on the number of yeazs of service in the City. Yeazs of Service with the Citv Maximum Severance Pav At Least 20 21 22 23 24 25 $ 5,000 $ 6,000 $ 7,000 $ 8,000 $ 9,000 $10,000 1 I.I S For the purpose of this severance program, a death of an emp2oyee shail be considered as sepazation of employment and if the employee would have met all of the requirements set forth above, at the time of his/her death, payxnent of the severance pay shall be made to the employee's estate or spouse. 11.16 For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent SchooI District No. 625 employment is considered a separation of empioyment, and such transferee shall be etigible for the City severance program. 11.17 The manner of payment of such severance pay shall be made in accordance with the provision of the � City's Severance Pay Ordinance. 11.18 This severance pay program shai2 be subject to and governed by the provisions of the City's Severance Pay Ordinance except in those cases where the specific provisions of this Article conflict with said Ordinance and in such cases, the provisions of this Articie shall control. 1119 Notwithstanding Article 11.11, employees appointed prior to June 26, 1990 to a titIe covered by this Agreement who meet the qualifications as defined by the qaatifications as defined in Articles 11.13 and 11.14 may elect to draw severance pay under the provisions of 11. ] 4. However, an election by an employee to draw severance pay under Article 11.14 shall constitute a bar to drawing severance pay under any other provisions set forth in this Article 11. 1 L20 Employees appointed after 3une 26, 1990, to a ritle covered by this Agreemer�t shall not be eligible for any severance pay plan other than the provisions set forth in Articles 11.11 through 11.19. 10 C� aacii�.i.r, �l - t�11'Y MILEAGE 12.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative ' Code, as amended, pertaining to reimbursement of City o�cers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. • 12.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization &om the Departtnent Head. Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shail be rennbursed at the rate of $4.00 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 $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and ihe department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. 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 $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. • If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. 12.3 The City will provide pazking at the Civic Center Pazking Ramp for City employees on either of the above mentioned types of reimbursement plans who aze required to have their personal car available for City business. Such pazking will be provided only for the days the employee is required to have his or her own personal caz available. 12.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients 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 fiu�ther 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 additionai insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the city cierk. • il ARTICLE 13 - RESIDENCY 13.1 Tlxe Residency Resolution effective August 4, 1979, in Council File No. 273378 shall apply to all employees covered by this AgreemenY. ARTICLE 14 - WORKING OUT OF CLASSIFICATION • 14.1 Employer shall avoid, whenever possible, working an employee on an out-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifteen (15) working days shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16th) day of such assignment. For the purpose of this Article, an out-of-class assignment is defined as an assignment of an employee to perform, on a full time basis, all of the significant duties and responsibilities of a position different from the empioyee's regulaz position, and which is in a classification higher than the classification held by such employee. The rate of pay for an approved out-of-class assignment shaIl be the same rate the employee would receive if such empIoyee received a regulaz appointment to the higher classification. ARTICLE 15 - DISCIPLINE 15. i The Employer wili disciptine employees for just cause only. Discipline will be in the form of: (1) Oral reprimand; (2) Written reprimand; (3) Suspension; (4) Reduction; (5) Discharge 15.2 A notice in writing of Suspensions, Reductions and Dischazges shall be sent to the employee and the union seventy-two (72) hours after such action is taken. 153 EmpIoyees and the Union will receive copies of written reprimands and notices of suspension and dischazge. • 15.4 Emp2oyees may examine atl information in the Employer personnet file that concerns work evaluations, commendations and/or disciplinary actions. Files may be examined at reasonable times under the d'uect supervision of the Employer. 1 S.5 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or Union may request, and shall be entitled to a meeting with the Employer representative who initiated the suspension with intent to dischatge. During said five (5) day period, the Employer may affirm the suspension and dischazge in accordance with Civil Service Rules or may modify, or withdraw same. 15.6 An employee to be questioned conceming an investigation or discipiinary action sha11 have the right to request that a Union representative be present. • 12 ARTICLE 15 - DISCIPLINE (Continued) 15.7 Grievances relating to this Article shall be processed in accordance with existing Civil Service • procedures, except that oral and written reprimands shall be taken up in the grievance procedure under Article 19 (Grievance Procedure). ARTICLE 16 - INSURANCE Active Employee Insurance 16.1 The insurance plans, premiums for coverages and benefits contained in the insurance plans offered by the Emgioyer shall be solely controlled by the contracts negotiated by the Employer and the benefit providers. The Employer will attempt to prevent any changes in the benefits offered by ihe benefit providers. However, the employees selectang the offered plans agree to accept any changes in benefits which a specific provider implements. 16.2 For the purpose of this Article, full-time employment is defined as appearing on the payroll an average of at least 32 hours per week for the twelve (12) month period preceding the annua] open enrollment or special enrollments, or for the six {6) month period preceding initial enrollment. Three-quarter time employment is defined as appearing on the payroll an average of at least 26 hours per week, but less than 32 hours per week, for ihe twelve (12) month period preceding the annual open enrollment or special enrollments, or for the six (6) month period preceding initial enrollment. Half-time employment is defined as appearing on the payroli at least 20 hours per week, but less than • 26 hours per week, for the twelve (12) month period preceding the annual open enrollment or special enrollments or foi the six (6) month period preceding the initial enrollment. 163 For each eligible employee covered by this Agreement who is employed half-time and who selects employee health insurance coverage, the Employer agrees to contribute fifty percent (50%) of the amount contributed for full-time employees selecting employee coverage in the same insurance plan. For each half-time employee who selects family health insurance coverage, the Employer agrees to contribute fifty percent (50%) of the amount contributed for full-time employees selecting family health insurance coverage in the same insurance plan. For each eligible employee covered by this Agreement who is empioyed three-quarter time and who selects employee health insurance coverage, the EMPLOYER agrees to contribute seventy-five (75%) of the amount contributed for full-time employees selecting empioyee coverage. For each three-quarter time employee who selects family health insurance coverage, the Employer agrees to contribute seventy- five percent (75%) of the amount contributed for full-tnne empioyees selecting family heaith insurance coverage. 16.4 Effective 3anuary 1, 1999, 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 the least expensive employee insurance offered by the Employer. For each eligible fu11-time employee who selects family health insurance coverage, the Employer will contribute the cost of such • family coverage or $364.15 per month, whichever is less. 13 ARTICLE 16 - INSURAN�E (Continued} 16.5 Effective January t, 2000, for each eligibte empioyee cavered by ttus Agreement who is employed futl- time and who selects employee health insurance coverage, the Employer agrees to contribute the cost of the least expensive premium for employee health insurance offered by the Employer. For each eligible full-tnne employee who selects family health insurance coverage, the Employer's contribution towazd . family insurance coverage shown above in Article 16.4 shall be adjusted to reflect an increase in an amount equal to the full increase of the single premium. Tlie 1999 contriburion is $364.15. 16.6 Notwithstanding Article 163, eligible employees covered by this Agreement and employed half-time prior to January 1, 1986, shall receive the same insurance contributions as a fiill-time employee, This Article, 16.6, applies only to eligible emptoyees who were emptoyed half-time during the month of December, 19&5, and shall continue to apply only as long as such employee remains continuously employed half-time. Retiree Insurance 16.7 Employees who retire must meet the following conc3itions at the time of retirement in order to be eligible for the Employer contributions, listed in Sections 16.8 through 16.11 below, towazd a health insurance plan offered by the Employer: (1) Be receiving benefits from a pubtic employee retirement act at the time of retirement, and (2) Have severed his/her relationship with the City of Saint Paul for reasons other than misconduct, and (3) Have completed at least 20 yeazs with the City of St. Paul. (4) Service requirements for retiree health insurance eligibility will not include yeazs of service with Schoo2 District #625 for employees hired by the City, or transfened to the City, after December 31, 1998. Early Rerirees 16.8 This Secrion shatl apply to full time employees who: (1) Retire on or after January 1, 1996, and (2) Were appointed on or before December 31, 1995, and (3) Have not attained age 65 at retirement, and (4) Meet the terms set forth in Section 16.7 above, and (5) Select a health insurance plan offered by the Employer . Until such employees reach sia�ty-five (65} yeazs of age, the Employer agrees that for retirees selecting single coverage, the Employer wiIl provide the same contribution as is provided for acrive employees selecting single coverage under this Agreement. This amottnt, however, shall not exceed $350.00 per month. For emptoyees selecting family health insurance coverage, the Employer will contribute $350 per month toward the premium for family health insurance coverage. Any unused portion of the Employer's conuibution shall not be paid to the retiree. When such early refiree attains age 65, the provisions of Secrion 16.10 shatl app2y. 14 • ARTICLE 16 - INSURANCE (Continued) 16.9 This Section shall apply to fuli time employees who: • (1) Retire on or after January 1, 1996, and (2) �'ere appointed on or after January 1, 1996, and (3) Have not attained age 65 at retirement, and (4) Meet the conditions set forth in Section 16.7 above, and (5) Select a health insurance pian offered by the Bmployer. Until such retirees reach si�y-five (65) yeazs of age, the Employer agrees to contribute a maximum of $300.00 per month towazd the cost of single or family health insurance coverage. Any unused portion shall not be paid to the retiree. When such early retiree attains age 65, the provisions of Section 16.11 shall appiy. Regular Retirees (Age 65 and over) 16.10 This Section shall apply to full time employees who: (1) Retire on or after January 1, 1996, and (Z) Were appointed on or before December 31, 1995, and (3) Have attained age 65 at retirement, and (4) Meet the terms set forth in Section 16.7 above, and (5) Select a health insurance plan offered by the Employer The Employer agrees to contribute a maYimum of $350.00 per month toward the premium for single or family health insurance coverage offered by the Employer to regular retirees and their dependents. Any . unused portion of the Employer's contribution shall not be paid to the retiree. This Section shall also apply to early retirees who retired under the provisions of Section 16.8 when such early retirees attain age 65. 16.11 This Section shall apply to full time employees who: (1) Retire on or after January 1, 1996, and (2) Were appointed on or after January 1, 1996, and (3) Have attained age 65 at retirement, and (4) Meet the terms set forth in Sections 16.7 above, and (5) Select a health insurance plan offered by the Employer The Employer agrees to contribute a maximutn of $300.00 per month toward the cost of single or family health insurance coverage offered to regulaz retirees and their dependents. Any unused portion shall not be paid to the retiree. This Section shall also apply to eazly retirees who retired under the provisions of Section 16.9 when such early retirees attain age 65. ` J 15 ARTICLE 16 - INSURANCE (Continued) 26.12 If an employee does not meet the condition of Section 16.7(3), bnt has completed at least ten (10) year of - service with the City, he/she may purchase single or family heaith insurance coverage through the Employer's insurance program. The totaI cost of such insurance coverage shall be paid by the retiree. • 16.13 A retiree may not cany hislher spouse as a dependent if such spouse is also a City retiree or City employee and eligible for and is enrolled in the City's health insurance program. I6.14 For each eIigible empIoyee the Employer agrees to contribute the cost $20,000 of life insurance coverage. I 6.15 Any cost of any premium for any Ciiy-offered empioyee or family insurance coverage in excess of the dollaz amounts stated in this Article 16 shall be paid by the employee. 16.16 The Employer will provide a system whereby the employee's contribution towazd the premiums for the employee's selected health insurance coverages can be paid on a pre-tas basis. Employees covered by the Agreement will be eligible to participate in the Flexible Spending Account as offered by the Employer. The service fee chazged to participating employees shall be paid by the employee. 16.17 Employees covered by this Agreement shail be eligible to participate in the Dependent Care Reimbursement Account offered by the Employer. The service fee charged to participating employees shall be paid by the Employer. 16.18 The contributions indicated in this Articte 16 shati be paid to the Employer s Third Party Administrator. Survivor Insurance 16.19 The surviving spouse of an employee carrying family coverage at the time of his/her death due to a job connected injury or illness which was determined to have arisen out of and in the course of his/her employment under worker's compensation law shalt continue to be eligible for city contribution in the same proportions as is provided for retired employees In the event of the death of an eazly retiree or a regulaz retiree, the dependents of the retiree shall have the option, w�ithin thircy (30) days, to continue the current hospitalization and medical benefits which said dependents previousty had, at the premium and Employer contribution accorded to the eligible deceased retiree. It is further understood that coverage shall cease in the event of: (1) Subsequent remarriage of the sarviving spouse of the deceased employee or retiree. (2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employmenY. r1 LJ 16 ARTICLE 17 - HOLIDAYS . 17.1 Holiday recognized and observed. The following days shali be recognized and observed as paid holidays: • New Yeazs Day - January 1 Martin Luther King Day - 3rd Monday of 3anuary Presidents' Day - 3rd Monday of February Memorial Day - The last Monday of May Independence Day - July 4 Labor Day - 1 st Monday of September Veterans' Day - November 11 Thanksgiving Day - 4th Thursday of November The Day A$er Thanksgiving 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. 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. For those employees assigned to a work week other than Monday through Friday, the holiday shall be observed on the calendaz date of the holiday. ] 7.2 The floating holidays set forth in Section 17.1 above may be taken at any time during tlae contract yeaz, subject to the approval of the Department Head of any employee. • 173 Eligibility Requirements In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an employee's name must 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. l 7.4 If an employee entitled to a holiday is required to work on Martin Luther King Day, Presidents' Day, Veterans' Day or the Day after Thanksgiving he/she shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department permits, or he/she shall be paid on a straight time basis for such hours worked, in addition to his/her regular holiday pay. Employees assigned to a twelve (12) hour shift shall have holiday overtime using a twelve (12) hour value. If an employee entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, he/she shail 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/her regulaz holiday pay. Employees assigned to a twelve (12) hour shift shall have holiday overtime using a twelve (12) hour value. • 17 ARTICLE 18 - VACATION 18.1 Vacation credits shall accumulate at the rates shown below for each full hour on the payroll, excluding overtime. Yeazs of Service .0385 (10 days) .0616 (16 days) .0731 (19 days) .0885 (23 days) .1000 (26 days) Hours of Vacation 1 st yeaz thru 4th year Sth yeaz thru 9th yeaz l Oth yeaz thru 15th year 16th yeaz thru 23rd yeaz 24th year and thereafter 18.2 The head of the department may permit an empioyee to cazry over into the °vacation yeaz" up to one-hundred twenty (120) hours of vacation. For the purpose of ttus article the 'bacation year" shall be the fiscal yeaz (IRS payroll reporting year). 18.3 The above provisions of vacation shail be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Sub. H. • 18.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he/she may convert any part of such excess of vacation at tke rate of one-hatf day's vacarion for each day of sick leave credit. The maximtun number of days' vacation allowed by the conversion of sick leave credits shall be no more than five days in any one "vacation yeaz". • ARTICLE 19 - GRIEVANCE PROCEDURE 19.1 The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bazganring unit. The Union shall notify the Empioyer in writing of the names of the Stewazds and of their successors when so named. 192 It is recognized and accepted by the Fsnployer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities ofthe employees and shall therefore be accomplished during working hours only when consistent with such employee duYies and responsibiliries. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processe@ dezring working hours, provided, the Steward and the employee have norified and received the approval of their supervisor to be absent to process a grievance and that such absence wouid not be detrimenial to the work progams of the Employer. 18 • ARTICLE 19 - GRIEVANCE PROCEDURE (Continued) - 19.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of discipiinary action as provided by Article 15, for the processing of grievances, which aze defined as an � alieged violation of the terms and conditions of this Agreement. Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an aileged violation of this Agreement, the employee involved shali attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and 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 alieged violation of the Agreement not reduced to writing by the Union within fourteen (14) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence shouid have had knowiedge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendaz days after receiving the written grievance a designated Employer supervisor shall meet with the Union Stewazd and attempt t4 resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendaz days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendaz days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendaz days following receipt of the Employer's answer shall be considered waived. • Step 3. Within seven (7) calendaz 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 Empioyer 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) calendaz days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendaz days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The azbitration proceedings shall be conducted by an azbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendaz days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either parry 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 shail 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 azbitrator. • 19 ARTICLE 19 - GRIEVANCE PROCEDURE (Conrinued) 19.4 The arbitrator shall have no right to aruend, modify, nullify, ignore, add to, or subtract from the • provisions of this Agreement. The azbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shali have no authority to make a decision on any other � issue not so submitted. The azbitrator shall be witliout power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitratoi 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 shali be based solely on the azbitrator'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. 19.5 The fees and expenses for the azbitrator's services and proceedings shall be bome equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 19.6 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. 19J It is understood by the Union and the Employer that a grievance may be determined by either the grievance procedwe of this contract or by the provisions of the Civil Service Rules ofthe 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 azbitration under this grievance procedure. ARTICLE 20 - WAGE SCHEDULE 20.1 The wage schedule for purposes of this contract shail be Appendix A attached hereto. The basic hourly wage rates in Appendix A reflect the foltowing increases: 1999 Effective O1/02/99 2.0% Effective 06/19/99 0.5% 2000 Effective O]/l/2000 3.0% Retroactive pay adjustments shall apply to all employees of the bazgaining unit except those who have been terminated for cause. • 20 ARTICLE 21 - STRIKES, LOCKOUTS, WORK INTERFERENCE 21.1 The Union and the Employer agree that there shall be no strikes, work stoppages, slow-downs,.sit- � downs, stay-ins, or other concerted interference with the Employer's business or affairs by said Union . and/or the members thereof, and there shali be no bannering during the existence of this Agreement without first using all possible means of peaceful settlement of any controversy which may arise. ARTICLE 22 - NON-DISCRIMINATION 22.1 The terms and conditions of this Agreement will be applied to employees equally without regard to, or discrimmation for or against, any individual because of race, color, creed, sex, age, or because of membership or non-membership in the Union. 22.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 23 - SAFETY SHOES, UNIFORMS 23.1 The Employer agrees to pay $50.00 per yeaz toward the cost or repair of a pair of safety shoes purchased by an employee who is a member of this unit. The Employer shall contribute towazd the cost of one pair of shoes per contract year and shall not be responsibie for any additional cost for any additional shoes thereafter. The contribution shall be accumulative from yeaz to year, beginning in 1997, to a maximum benefit of $150.00 should an employee not utilize the benefit during a calendaz yeaz. This � reimbursement shall be made only after investigation and approval by the immediate supervisor of that employee. The Employer contribution shall apply only to those employees who are required by the Employer to wear protective shoes or boots. 23.2 The Employer will initially provide each employee working in the Water Treatment Plant who is required to wear a specified uniform with five (5) uniforms. The uniform will consist of five pairs of trousers, five long-sleeved shirts, and five short-sleeved shirts. Coverails can be substituted for a shirt and a trouser. In subsequent years, the Employer agrees to provide a uniform allowance of up to $100 per calendar year toward the cost of replacing uniforms. Employees must provide proof of uniform purchase to be reimbursed. Employees aze responsible for care and upkeep of the uniform. � 21 ARTICLE 24 - TERMS OF AGREEMENT 24.1 Complete Agreement and Waiver of Bargaining - T'his Agreement shali represent the complete • Agreement between the Union and the Employer. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make requests and � proposals with respect to any subject or matter not removed by law from the azea of collective bazgaining, and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opportunity aze set forth in this Agreement. Therefore, the Employer and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bazgain collectively with respect to any subject or matter referred to or covered in this Agreement. 24.2 Savings Clause - 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 fina� judgmeni 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. 24.3 Terms of Agreement - Except as herein provided, this Agreement shall be effective as of tiie date it is executed by the parties and shall continue in full force and effect thru the 31 st day of December, 2000, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend, or modify this Agreement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1984. In witness thereof the parties have caused this Agreement to be executed this �� day of Mazch 1999. � . 22 ARTICLE 24 - TERMS OF AGREEMENT • 24.4 This constitutes a tentative Agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Admiuistration of the City, the City Council, and is also subject to ratification by the Union. WITNESSES: CITY OF SAINT PAUL ��9'l�� 3— f 4'— 9 � M . Kearne Date Labor Relations Director • INTERNATIONAL LTNION OF OPERATING ENGINEERS, LOC N0. 70 � = �' 3�/ . , Business Manager Date � �� h-.Y�Y�GL6N�n �� President Date i G v J'G�!� �'L��7 t�L�. �%/-/ � Recording Secretary Date l= ��j Business 'epresentat` e Date ��,,.�.v. �rd- ��° a0aa /Q t Negotiating Committee Date Date Date Z��/� Committee Date �Gc!!��`"� ��P� � Negotiating Committee Date -� 1 / Neg iating Committee D te 23 APPENDIX A - WAGES • � • The wage rates and salary ranges for classifications in this unit aze as follows: Effecrive Effective Effective 1/02/99 6/19/99 1/1/2000 2.0% .5°/a 3.0% Building Maintenance Engineer First 6 months 19.46 14.56 20.15 After 6 months 19.46 19.56 20.15 Chief Operating Engineer- Civic Center First 6 months 21.05 21.16 21.79 After 6 months 21.91 22.02 22.68 Custodian-Engineer I First 6 months 16.93 17.01 17.52 After 6 months 17.69 17.78 1831 Modified Duty Worker Custodian Eng I. First 6 months 16.93 17.01 17.52 After 6 months 17.69 17.78 1831 Custodian-Engineer I - Library First 6 months 16.93 17.01 17.52 ARer 6 months 17.69 17.78 1831 Custodian-Engineer I - Public Safety First 6 months 16.93 17.01 17.52 After 6 months 17.69 17.78 1831 -Al- Appendix A(Continued) Effecfive Effective Effective 1/02/99 6/19/99 1f01/2000 2.0% .5% 3.0% Custodian-Engineer II First 6 months 1731 17.40 17.92 After 6 months 18.29 1838 18.93 Custodian-Engineer II - Library First 6 months 1731 17.40 17.92 After 6 months 18.29 1838 18.93 Custodian-Engineer III First 6 months 18.62 18.71 19.27 After 6 months 19.60 19.70 20.29 Custodian-Engineer III -Library First 6 months 18.62 1$.71 19.27 After 6 months 19.60 19.70 2029 *Filter Plant Operator I First 6 months 1831 18.40 18.95 After 6 months 19.05 19.15 19.72 House Custodian II First 6 months 12.88 12.94 1333 After 6 months 12.88 12.94 1333 Chemical Feed System Repairer First 6 months 19.93 20.03 20.63 After 6 months 20.72 20.82 21.44 r� L • C� S`� • • \J Appendix A(Continued) Effective Effective Effective 1/02/99 6/19/99 1/Ol/2000 2.0% .5% 3.0% Maintenance Worker First 6 months 18.71 18.80 19.36 After 6 months 19.43 19.53 20.12 Operating Engineer First 6 months 1939 19.49 20.07 After 6 months 20.18 20.28 20.89 Operating Engineer - Civic Center First 6 months 1939 19.49 20.07 After 6 months 20.18 20.28 20.89 Pumping Engineer II First 6 months 1939 19.49 20.07 After 6 months 20.18 20.28 20.89 Pumping Engineer III First 6 months 21.05 21.16 21.79 After 6 months 21.91 22.02 22.68 Sewer Pumping Station Operator First 6 months 20.24 2034 20.95 After 6 months 20.99 21.09 21.72 -A3- Appendix A(Continued) Effective Effective Effective 1/02/99 6/19/99 1/O1/2000 2.0% .5% 3.0% Supervisory Stationary Engineer First 6 months 19.25 1935 19.93 After 6 months 20.00 20.10 20.70 Trainee (Custodian-Engineer) First 6 months 9.12 9.17 9.45 After 6 months 9.42 9.47 9.75 Water Plant Aide First 6 months 16.94 17.02 17.53 After 6 months 17.72 17.81 1834 Water Plant Operator I First 6 months 18.62 18.71 19.27 After 6 months 19.35 19.45 20.03 Water Treatment Plant Operator II First 6 months 19.39 19.49 20.07 After 6 months 20.18 20.28 20.89 Custodian Start 14.80 14.87 1532 After 6 months 15.23 1531 15.77 After 1 yeaz 15.48 15.56 16.03 After 2 yeazs 15.96 16.04 16.52 • C , J • -A4- • � � Appendix A(Continued) Effective Effective Effective 1/02/99 6/19/99 1/Ol/2000 2.0% .5% 3.0% Modified Duty Worker - Custodian Start 14.80 14.87 1532 After 6 months 15.23 1531 15.77 After 1 yeaz 15.48 15.56 16.03 After 2 yeazs 15.96 1b.04 16.52 Custodial Worker Start 13.17 13.24 13.64 Afier 6 months 13.57 13.64 14.05 After 1 year 13.86 13.93 1435 After 2 years 14.34 14.41 14.84 Park Ranger 0-500 hours 8.87 8.91 9.18 501-1000 hours 939 9.44 9.72 1001-1500 hours 9.93 9.98 10.28 1501+ hours 10.68 10.73 I 1.05 Modified Duty Worker - Pazk Ranger 0-500 hours 8.87 8.91 9.18 501-1000 hours 939 9.44 9.72 1001-1500 hours 9.93 9.98 10.28 1501+ hours 10.68 10.73 11.05 S�� Appendix A(Continued) Effective Effective Effective 1/02/99 6/19l99 1/Ol/2000 2.0% .5% 3.0% Police Pazk Ranger Start 8.87 8.91 9.18 After 6 months 10.28 1033 10.64 After 1 year 10.68 10.73 11.05 After 2 years 11.2Q 11.26 11.60 After 4 yeazs 11.75 11.81 12.16 After 5 yeazs 12.14 12.20 12.57 After 10 yeazs 12.94 13.00 13.39 Custodian (Light Duty) A B C (1} (2) (3) O1/02/99 810.43 837.41 864.43 06/19/99 814.48 841.60 868.75 Oi/01/2000 838.91 866.85 894.81 Securitv Officer Modified Duty Worker - Security Officer D E F 10-yr. (4) (5) (6) (7) 892.49 924.02 955.44 475.74 896.95 928.64 960.22 980.62 923.86 956.50 989.03 1010.04 I S-yr. (8) 997.04 lOQ2.03 1032.09 A B C D E F 10-yr. 15-yr. ( (z) (3) ( ( ( (�) ( Ol/02/99 997.67 1038.06 1075.27 1115.71 1159.22 1207.35 1232.13 1263.I9 06/19/99 1002.66 1043.25 1080.65 1121.29 1165.02 121339 1238.29 1269.51 O l/O l/2000 1032.74 1074.55 1113.07 1154.93 1199.97 1249.79 1275.44 13 07.60 Security Officer - Water Utility . • C� A B C D E F 10-yr. 15-yr. �1) (z) �3) �4) (5) �6) ��) (g) O l/02/99 1049.19 1083.04 1118.16 115 5.94 1196.70 1241.98 1273 .26 13 01.62 06/19/99 1054.44 1088.46 1123.75 1161.72 1202.68 1248.19 1279.63 1308.13 Ol/Ol /2000 1086.07 1121.11 1157.46 1196.57 1238.76 1285.64 1318.02 1347.37 • -A6- a Appendix A (Confinued) " Personnel hired for employment with the City after the date of the signing of this agreement, to a class listed in ARTICLE 1 above, shall be compensated at the "0 - 6 months" hourly wage rate during their . probationary period. After completion of the probationary period the employee shall be paid at the "after 6 months" hourly wage rate. Employees promoted from any class listed in ARTICLE 1 above to any class listed in ARTICLE 1 above shall receive the "after 6 months" houriy wage rate. Temporary empioyees shali be paid the minimum rate indicated in this APPENDIX for the classification in which they are employed. • • s�e � APPENDIX B- COMO PARK CONSERVATORY/ZOO LAYOFFS • Notwithstanding ARTICLE 5.3 of this Agreement, in the event it is determined by the EMPLOYER that it is necessary to reduce the work force at the Como Park Conservatory/Zoo work stafion, employees will be laid off based on the inverse order in which their names appear in this Appendix B, regazdless of the classification indicated following their name. Appendix B will only apply to the named employees herein as long as they remain continuously employed in the classificafion indicated and at the Como Park Conservatory/Zoo work station. In the event an employee's classification or work station is changed, this Appendix B will no longer be applicable to such employees. EMPLOYEE Otimo Vasquez Edwazd Erichsen Thomas Stellwag Kenneth Reding Dennis Hermann � C J CLASSIFICATION Custodian-Engineer II Custodian-Engineer II Operating Engineer Operating Engineer Operating Engineer This Appendix B will sunset when the last Custodian-Engineer II leaves the Como Pazk Conservatory/Zoo work station. '� Council File # � - agc QRIGINAL Presented Referred To Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1999-2000 Labor Agreement between the City of Saint Paul and the International Union of Operating Engineers Local 70. Requested by Depaztment o£ Office of Labor Relations BY � �� Adoption Certified by Council Secretary By: �—�_ � �Q � . �— Approved by May . Date l�'� T 4��g� T g ,r Green Sheet # 63928_ RESOLUTION CITY OF SAINT PAUL, MINNESOTA r1 ! Adopted by Council: Date �,� _ � \ �� {� .� Form App v City Atto By: DEPARTMEA'T/OFFICE/COUNC'L DATE INITTATED GREEN SHEET No.• 63928 � LABOR RELATION3 3/17/99 ' CONTACI' PERSON & PHONE: � 1NITIAI✓DATE INITIAL/DATE J[JLIE KFtAUS 266-6513 ASSIGN I DEPARTMENC DIR �_ 4 CITY COUNCIL NUMBER 2 CITY ATI'ORNEY CITY CLERK MUST BE ON COUIVCIL AGEA`DA BY (DATE) F�R BUDGET DIR. FIN. & MGT. SERVICE DIR. ROUTING 3 MAYOR (OR ASST.)� ORDER TOTAL # OF SIGNA'CURE PAGES_I (CLIP ALL LOCATIO,�'S FOR SIGNAI'URE) ncnon xEQUesrEn: This resolution approves the attached 1999-2000 Labor Agreement between the City of Saint Paul and the International Union of Operating Engineers Loca170. RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAI, SERVICE CON7'RACI'S ,rIUST ANSWER THE FOLLOK'ING QUESTIONS: _PLANNING COMMISSION _CIVIL SERVICE COMIvIISSION I. Has this person/firm ever worked mder a conhact for this departmrnfl _CIB COMIvffTTEE Yes No STAFF 2. Has this person/fi�m ever been a city employee? DISTRICT COURT Yes No SiJPPORTS WHICH COUNCIL OBJECII VE? 3. Does this person/fian possess a skill not nocmaily possessed by any cursen[ city employee? Yes No Explain all yes answers on separate sheet and attac6 to green sheet INTTIATING PROBLEM, ISSUE, OPPORTIINITY (Who, What, When, Where, Why): ADVANTAGES IF APPROVED DISADVANTAGESIFAPPROVED: G�4`L.'�:"it.•�i S`��,v:^.'.i`�� v''.�'?( �� 'K � '''' � �:� ��±� � � ��9 � :3 � �� , � � �N,-� � � �i�r� � 2 1�� DISADVANTAGES IF NOT APPROVED: �° � ` �°w 'e' E-.KC �� t°�,y � � x' c- . ._�._.�_____ .,..._ _'_ ' '� � � y •�.�� y�' 8 TOTAL AMODNT OF TRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTMTY NUMBER: FINANCIAL INFORMATION: (EXPLAIN) �$ 99 -�8� ATTACfIMENT TO TI� GREEN SHEET Intemationat Union of Operating Engineers Loca170 Below is a summary of the changes in the Collective Bazgaining Agreement between the City of Saint Paul and the Intemational Union of Operating Engineers Local 70. This is the City's first agreement for the yeaz 2000. Wages: 1999: 2.5% : 2.0% effective 1/02/99; .5% effective 6/19/99 2000: 3.0% effective 1/O1/2000 Health Insurance: 1999: Single $193.25 This represents an amount equal to full single coverage. Family $364.15 - The increase far the single health insurance premium for 1999 was $1430. The union agreed to appiy this same amount to the employer contribution for family coverage. Thus giving single and members with families the same increase. The $1430 represents 39% of the family premium increase. 2000: Single: Full single amount Family: $364.15 + Single increase amount -. �aCg- � ��E �:. . � � �_ �� -_ �:. �� _. � � � � �_� � : - 19A� - 2000 _ _ LASOR AGREEIVIENT . �=.b.etv�een - �� - _ .-. - _. . , E. - � . _., , '��T�' CITY O�: SAI�T'T PAUL � � ai�� =� � _ ; INT`ET�.NATIONAL UNION:_QF �}P�RA'�'ING ` � _ ,. - � GINE�RS ; . _ i�I _ � ,� . : . Lo�AL �o •� : _ .. . _ _ � .� �_ - , _, : INDEX r� L� ARTICLE TITLE PAGE Preamble................................................. ii 1 Recognition ................................................1 2 Definitions .................................................1 3 Dues-FairShaze ............................................2 4 Union Rights ...............................................2 5 Seniority ...................................................3 6 ManagementRights ..........................................4 7 Hours,Premium Pay .........................................4 8 Leavesof Absence .......................................... .6 9 Military Leave of Absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Jury Duty ..................................................7 11 Severance Pay ..............................................8 12 Mileage ..................................................11 13 Residency .................................................12 14 Working Out of Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 • IS Discipline .................................................12 16 Insurance .................................................13 17 Holidays ..................................................17 18 Vacation ..................................................18 19 Grievance Procedure ........................................18 20 Wage Schedule .............................................20 21 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 22 Non-Discrimination .........................................21 23 Safety Shoes ...............................................21 24 Termsof Agreement ........................................22 Appendix A - Wages ....................................... A1 Appendix B - Como Pazk Conservatory/Zoo Layoffs . . . . . . . . . . . . . . B 1 • i PREAMBLE �� L This Agreement has been entered into beriveen the City of Saint Paul, hereafter refened to as the Employer, and Local Union No. 70, International Union of Operating Engineers, AFL-CIO, hereafter referred to as the i3nion. This Agreement has as its purpose the promotion of hazmonious relations between the Empioyer and the Union, the establishment of an equitable and peaceful procedure for ihe resolution of differences, and the establishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above objectives in fuli compliance • with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1984, as amended. . ii tircil�,tJr; 1 - RECOGNITION 1.1 The Employer recognizes the Unaon as the sole and exclusive bazgaining agent for the purposes of establishing wages, benefits, hours and other conditions of employment for all of its employees as • outlined in the certification by the State of Minnesota, Bureau of Mediation Services, under Case No. 73-PR-444-A, as amended, to read as follows: All regulaz, probationary, and provisional engineering and building maintenance personnei who aze employed by the City of St. Paul or who have their "terms and conditions of employmenY' established by the governing body of the City of St. Paul, and whose employment service exceeds the lesser of 14 hours per week or 35 percent of the normal work week and more than 67 work days per yeaz in the following classifications: Building Maintenance Engineer, Chief Operating Engineer--Civic Center, Custodial Worker, Custodian, Custodian Engineer I, Custodian Engineer I--Library, Custodian Engineer I--Public Safety, Custodian- -Engineer II, Custodian Engineer II--Library, Custodian Engineer III, Custodian Engineer III--Library, *Filter Plant Operator I, Custodian (Light Duty), House Custodian II, Instrument Repairer (Filter Plant), Maintenance Worker, Operating Engineez I, Operating Engineer II, Operating Engineer--Civic Center, Pazk Ranger, *Pumping Engineer I, Pumping Engineer II, Pumping Engineer III, Security Officer, Sewer Pumping Station Operator, Stadium Supervisor, Supervising Stationary Engineer, Watchman--Water Department, Water Plant Operator I, Water Plant Aide, Water Treatment Plant Operator II, Trainee (Custodian Engineer); excluding supervisory, managerial, clerical confidential, temporary and emergency employees, those exclusively represented by other labor or employee organizations, and all other employees. 1.2 The parties agree that any new classifications which are an expansion of the above bazgaining unit or • which derive from the classifications set 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 Empioyment Relations Act to accomplish said objective. ARTICL� 2 - DEFINITIONS 2.1 Collective Bargaining - The Employer wiil bargain coilectively with the Union and with respect to rates of pay, hours and other conditions pertaining to empioyment for all of the employees in the unit hereinbefore set forth. 2.2 Maintenance of Standards - The Employer agrees that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and generai working conditions shall be maintained at not less than the highest minimum standazd as set forth in the Civil Service Rules of the City of Saint Paul, (Resolution No. 3250 and the Saint Paul Salary Plan and Rates of Compensation) at the time of the signing of this Agreement, and the conditions of employment shal] be improved wherever specific provisions for improvement aze made elsewhere in this Agreement. • ARTICLE 2 - DEFINITIONS (Continued� 23 Discriminatiou - The Employer wiIl not interfere with, restrain or coerce the employees covered by this Agreement because of inembership in or activity on behalf of the Union. The Employer will not discriminate in respect to }vre, tenure of employment or any term or condition of employment against any employee covered by this Agreement because of inembership in or activity on behalf of the Union,• nor will it discourage or attempt to discourage membership in the Union, or attempt to encourage membership in another Union. 2.4 The term 'Bmployer" shall mean the City of St. Paul or the St. Paul Water Utility. ARTICLE 3- DUES - FAIR SHARE 3.1 Dues - The Employer agrees to deduct the Union membership initiation fee assessments and once each month dues from the pay to those employees who individually request in writing that such deductions be made. The amounts to be deducted shalt be certified to the Employer by a representative of the Union and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the firsY of the succeeding month after such deductions are made or as soon therea$er as is possible. 3.2 Fair share - Any present or future employee who is not a Union member shall be required to contribute a fair share fee for services rendered by the Union. IJpon notification by the Union, the Employer shali check off said fee from the earnings of the employee and iransmit the same to the Union. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in reIationship to negotiation and administration of grievance procedures. This provision shall remain operative only so long as specificatly provided by Minnesota law, and as � otherc�7se legal. 3.3 The Union will indemnify, defend and hold the Employer hazmless against any claims made and against any suits instituted against the City, its officers or employees, by reason of negligence of the Union in requesting or receiving deductions under this Article. The City will indemnify, defend and hoid the LJNION harmless against any claims made and against any suits instituted against the Union, its officers or employees by reason af negtigence on the part of the Employer in making or forwazding deductions under this Article. ARTICLE 4 - UNION RIGHTS 4.1 The Union may designate employees within the bazgaining unit to serve as Union Stewazds and shalI be reqnired to administer this Agreement. 4.2 The Union shall furnish the Employer and appropriate Department Heads and Labor Relations Director with a list of Stewards and altemaYes, and shall, as soon as possible, notif} said appropriate City officials in writing of any changes thereto. Oniy those who are Officers and Stewazds shali be recognized by the Employer for the purpose of ineetings. • Hnii�.Lr., 4 - UN1�N RIGHTS (Continued) 43 There shall be no deduction from the pay of a Stewazd when direcfly involved in meetings with management relating to the administration of this Agreement during working hours. • 4.4 Designated Union Representatives shall be permitted to visit employees on job sites and at department buiidings during working hours for the purpose of the administration of this contract. 4.5 Shop SteR�ard - One shop steward from each department will be allowed to accompany an employee's authorized representative during regulaz working hours for the purpose of wage, salary, or fringe benefit discussions or other probiems of their particular concem involving employees of the City of St. Paul under the foilowing conditions: i) That only one employee from any one deparnnent be allowed to leave hislher work. 2) That the steward be expected to attend these meetings on his/her own time when they are held outside of his/her regulaz working hours. 3) That adequate notice is given to the department heads so that permission may be obtained. 4) That the stewazd has officially been designated as such by the Union that helshe represents. 5) Union Conventions - Duly elected Union delegates shall be granted time off without pay for one week to attend such convention. Vacation or compensatory time may be used for this purpose. The Union shall gave at least ten working days advance notice of the employees who will be participating in such conventions. • ARTICLE 5 - SENIORITY 5.1 Seniority, for the purpose of this Agreement, shail be defined as follows: The length of continuous, regular and probationary service with the Employer from the date an employee was first appointed to a class title covered by this Agreement, it being further understood that seniority is confined to the current class assignment held by an employee. In cases where two or more employees aze appointed to the same class title on the same date, the seniority shail be determined by the employee's rank on the eligible list from which certification was made. 5.2 Seniority shall temunate when an empioyee retires, resigns, or is dischazged. 53 In the event it is determined by the Employer that it is necessary to reduce the work force, employees will be laid off by class title within each department based on inverse length of seniority as defined above. 5.4 In cases where there are promotional series, such as Custodian Engineer I, II, III, etc., when the number of employees in the higher titles is to be reduced, employees who have held lower titles in the bargaining unit will be offered reductions to the highest title to which class seniority would keep them from being laid off, before layoffs aze made by any class title in any department. • 3 ARTICLE 5 - SENIORITY (Continued) 5.5 Recalt from layoff shali be in inverse order of 2ayoff, except that recall rights shall expire after two years - of layoff. 5.6 It is understood that such employees will pick up their former seniority date in any class of positions th� they previously held. ARTICLE 6 - MANAGEMENT RIGHTS 6.1 The Union recognizes the right of the Employer to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the Employer has not officially abridged, delegated, or modified by this Agreement aze retained by the Employer. 6.2 A public Employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but aze not limited to, such azeas of discretion of poticy as the funcrions and progranis of the Employer, its overall budget, utilization oftechnology, and organizational structure and selection and direction and number of personnel. ARTICLE '7 - HOURS, PREMIUM PAY 7.1 Hours of Employment - The normal work day and the normal work week shall be 8 consecutive hours in any 24-hour period and 40 hours in any 7-day period. (For employees on a shift basis, this shall be construed to mean an average of forty hours a week.) The normal work week shall consist of 5 consecutive normal work days. Within the Division of Libraries, the normat work week shatl consist o� 5 consecutive normal work days followed by two (2) consecutive days off. 72 Call-in-Pay - When an employee is called to work he/she shall receive two hours pay if not put to work. If an emptoyee is called to work and commences work, he/she shall be guaranteed four straight time hours pay, or one and one-half (1.5) times the employee's normai hourly rate for the actual number of hours worked, whichever is greater. These pzovisions, however, shall not be effective when work is unable to proceed because of adverse weather condifions; nor shall these provisions apply to temporary or emergency employees nor to employees employed under any of the titles listed in Section 3.M of the Civil Service Rules under the heading "Special Employments"; nor to any person whose regulaz scheduled workday is less than four hours. 73 Overtime - Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by the order of the head of the department. An Employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such overtime work. The basis on which such overtime shall be paid shali be detemuned by the employee provided there is money in the budget. In the Division of Libraries, over[ime which is scheduIed overtime shall be paid at tlie discretion of the Employer; overtime which is unscheduled shall be at the choice of the employee provided there is money in the budget. The overtime rate of one and one-half shall be computed on the basis of 1/80th of the bi-weekly rate, � .....�...�L r - nvUK�� rtt�MIUM PAY (Continued) 7.4 Premium Pay - To any employee who works on a regulazly assigned shift beginning earIier than 6 a.m. � or ending later than 6 p.m., provided that at least five hours of the shift are worked between the hours of . 6 p.m. and 6 a.m., there shall be paid a night differential for the entire shift. To any employee who works on a regulazly assigned shift, beginning eazlier than 6 a.m. or ending later than 6 p.m., but less than five hours of the shift are worked between the hours of 6 p.m. and 6 a.m., there shail be paid a night differential for the hours worked between the hours of 6 p.m. and 6 a.m. Notwithstanding Secfion III B of the Saint Paul Salary Plan and Rates of Compensation, employees working at the Water Utility's Filtration Plant and who are regularly assigned to a shift which begins at 2:30 p.m. shall be eligible for the night differential as stated in Section III B for the entire shift. 7.5 The night differential sha11 be 5% of the base rate, and shall be paid only for those night shifts actually worked; provided, however, that the provisions of this subsection shall not apply to emergency or temporary empioyees in the Auditorium, or to employees holding titles listed in Section II of the Saint Paul Salary Plan and Rates of Compensation under the heading "Special Employments" in this bazgaining unit. 7.6 A premium pay of twenty-five (25) cents per hour shall be paid for ali swing stage work, such as any work performed from a boatswain's chair or a swing scaffold, fifry (50) feet or more above the ground. All standard safety laws shall be complied with. 7.7 Notwithstanding Article 7.1, employees may, through mutual agreement with the Employer, work schedules other than schedules limited by the normal work day and work week as set forth in Article 7.1. • Overtime compensation for employees working under such agreements shall be sub}ect to the provisions, for same, as set forth by the Fair Labor Standazds Act. 7.8 For employees who wish to shaze a position, the Employer will attempt to provide options for implementing a sharing arrangement. Such an arrangement must be mutually agreed upon by the Employer and the employees involved. Vacation, holiday, and sick leave benefits for employees who shaze a position shall be pro-rated based upon the percent of hours worked. Health insurance benefits sha11 be administered in accordance with the provisions of Article 16 (Insurance) of this Agreement. In the event that one of the employees participating in the shazed position is terminated or terminates employment, the Employer shail post the job sharing vacancy for a period of ten (10) days. If, at the end of ten (10) days, such vacancy cannot be filled, the Employer shall have the option of increasing the remaining employee's work hours. ?.9 Articles ?.'1, and 7.8 shall not be sub,ject to the provisions of Articie 19 (Grievance Procedure) of this Agreement. n U ARTICLE 8- LEAVE� b� AI��N�.�� 8.1 Leave of Absence - After three month's employment, an employee may make application for a leave of absence not to exceed one year. A leave of absence shall be graated on the basis established in the Civi1 - Service Rules (Resolution No. 3250). • 8.2 Sick Leave - Sick leave shatl accumulate at the rate of .0576 of a wotking hour for each full hour on the payrotl, excluding overtime. Sick leave accuxnulation is unlunited. To be eligible for sick leave employees must report to their supervisor no later than one-half hour past their regulaz scheduled starting time. The granting of sick teave shalt be subject to the terms and pmvisions of Resolution No. 3250 of the Ciry of Saint Paul. 83 Any employee who has accumulated sick leave credits as pmvided above sha11 be granted leave with pay, for such period of time as the head of the department deems necessary, on account of sickness or injury of the employee, quazantine established by a public health enforcement agency, death of the employee's mother, father, spouse, child, brother, sister, mather-in-taw, father-in-law, grandparent, grandchild or other person who is a member of the household; and may be granted leave with pay for such time as is acmaliy necessary for office visits to a doctor, dentisY, optometrist, etc. 8.4 In the case of a serious illness or disability of an employee's child, pazent, or household member, the head of the department shall grant leave with pay in order for the employee to care for or make arrangements for the caze of such sick or disabled persons. Such paid 2eave shall be drawn from the employees accumulated sick leave credits. Use of such sick leave shall be limited to 40 hours per incident. 8.5 Maternity and Parentai Leave - Pregnant employees of the City of Saint Paul shall be eligible for the use of paid sick leave and unpaid leave of absence in the same manner as any other disabled or ill City employee. Such paid sick leave eligibility shall begin upon certi&carion by the employee's attending physician that the employee is disabled in terms of her ability to perform the duties of her position. A twelve (12) month Pazental leave of absence without pay shatl be granted to a natural parent or an adoptive parent, who requests such leave in conjunction with the birth or adoption of a child. Such leave may be extended an additional twelve (12) months by mutual agreement between the employee and the Employer. Refusal on the part of the Employer to grant an elctension of such leave shali not be subject to the provisions of Articie 6 of this Agreement. Employees who return folIowing such Ieaves of absence shail be placed in a position of equivalent salary and tenure as the one held just prior to the beginning of their leave. 8.6 School Conference Leave - An employee shall be granted up to a total of sixteen (16) hours during a school yeaz to attend school conferences or classroom activities related to the employee's child, provided the conferences or classroom activities cannot be rescheduled during non-work hours. If the need for the Ieave is foreseeable, the employee must provide reasonable prior notice of the leave and make a reasonabie effort to schedule the leave so as not to disrupt unduly the operation of the Employer. An employee shall be allowed to use vacation or compensatory time for this leave; otherwise this leave shall be without pay. 6 r L� ARTICLE 9- MILITARY LEAVE OF ABSENCE , 9.1 Pay Allowance - Any employee who shall be a member of the Nationai Guard, the Naval Militia or any other component of the militia of the state, now or hereafrer organized or constituted under state or � federal law, or who shali be a member of the Officer's Reserve Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval force of the United States, now or hereafter organized or constituted under Federal law, shail be entitled to leave of absence from employment without loss of pay, seniority status, efficiency rating, vacation, sick leave or other benefits for all the time when such employee is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, provided that such leave shall not exceed a total of fifteen (15} days in any calendaz year and, further provided that such leave shall be•allowed only in case the required military or naval service is satisfactorily performed, which shali be presuxned unless the contrary is established. Such leave shali not be allowed unless the employee: (1) retums to hisJher position immediately upon being relieved from such military or naval service and not later than the expiration of time herein limited for such leave, or (2) is prevented from so retuming by physical or mental disability or other cause not due to such employee's own fault, or (3) is required by proper authority to continue in such military or naval service beyond the time herein limited for such leave. 4.2 Leave Without Pay - Any employee who engages in active service in time of waz or other emergency declared by proper authority of any of the military or naval forces of the state or of the United States for which leave is not otherwise ailowed by law shall be entitled to leave of absence from employment without pay during such service with right of reinstatement and subject to such conditions as aze imposed by law. • 9.3 Such leave of absence as are granted under Article 9 shall conform to Minnesota 3tatutes, Section 192, as amended from time to time and shall confer no additional benefits other than those granted by said statute. ARTICLE 10 - 3[3RY DUTY i Q.1 Employees who are required to appeaz in court as jurors or witnesses sha11 be paid their regular pay while they are so engaged, provided however, that any fees that employeas may receive from the court for such service shall be paid to the Employer and be deposited with the Director of Finance and Management Services. Any empioyee who is scheduled to work a shift, other than the normal daytime shift, shali be rescheduled to work the normal daytime shift during such time as he/she is required to appeaz in court as a juror or witness. • ARTICLE 11 - SEVERANCE PAI� l 1.1 The Employer shall provide a severance pay program as set forth in this Article. I 1.2 To be eligible for the severance pay program, an employee must meet the foiIowing requirements: � (1) The employee must be 58 yeazs of age or older or must be eligible for pension under the "rule of 85" or the "rale of 90" provisions of the Public Employees Retirement Association (PERA). The "rule of 85" or the "rule of 90" criteria shalI also apply to employees covered by a public pension plan other than PERA. (2} The employee tnust be votuntarily separated from Ciry employment or have been subject to sepazation by lay-off or compulsory retirement. Those employees who aze discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. (3) The employee must have at least ten (10) yeazs of consecutive service under the cIassified or unclassified Civil Service at the time of sepazation. For the purpose of this Article, service requirements for severance eligibility wilt not include years of service with School District #625 for employees hired by the City, or transfeaed to the City after December 31, 1998. (4) The empioyee must file a waiver of re-employment with the D'uector of Human Resources, which wili clearly indicate that by requesting severance pay, the employee waives al1 claims to reinstatement or re-employment (of any type), with the City. (5) The employee must have accumnlated a minimum of sixty (60) days of sick leave credits at the time of his/her sepazation from service. S 113 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 sepazarion for each day of accrued sick Ieave subject to a m�imum of 200 accrued sick leave days. 11.4 The maximum amount of money that any employee may obtain ihrough this severance pay program is $6,500. 11.5 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, and if at the time of his or her death, the employee would have met all of the requirements set forth above, payment of the severance pay may be made to the empioyee's estate or spouse. 1 t.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 considered a separarion of employment, and such transferee shall be eligible for the City severance program. r7 L� ARTICLE 11 - SEVERA.NCE PAY (Continued) ll.7 The manner of payment of such severance pay shail be made in accordance with the provisions of City Ordinance No. 11490. � 11.8 This severance pay program shall be subject to and govemed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this articie conflict with said ordinance and in such cases, the provisions of this article shall control. 11.9 The provisions of this azticle shall be effective as of December 24, 1983. 11.10 Any employee hired prior to December 31, 1983 may, in any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this article or the ordinance shall constitute a baz to receiving severance pay from the other. Any employee hired after December 31, 1983 shall only be entitled to the benefits of this articie upon meeting the qualifications herein. I I.I I Articies 11.12 through I 1.18 shall apply only to employees appointed after June 26, 1990. 11.12 The Employer shall provide a severance pay program as set forth in Articles 11.13 through I 1.20. 11.13 To be eligible for the severance pay program, an employee must meet the following requirements. (1) The employee must be voluntazily separated from the City employment or have been subject to separation by layoff or compulsory retirement. Those employees who aze diseharged for cause, � misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligible for the city severance pay program. (2) The employee must file a waiver of re-employment with the Human Resources Director, which will cleazly indicate that by requesting severance gay, the employee waives all claims to reinstatement or re-employment (of any rype), with the City. (3) The employee must have an accumulated balance of at least eighry (80) days of sick leave credits at the time of his separation from the service. • 9 ARTICLE 11 - SEVERANCE PAY (Continued� 11.14 If an employee requests severance pay and if the employee meets the eligibility requirements set forth abave, he or she will be granted severance pay in an amount equal to one-half of the daily rnte of pay for � the position held by the employee on the date of separation for each day of accrued sick leave subject to� a m�imum as shown below based on the number of yeazs of service in the City. Yeazs of Service with the Citv Maximum Severance Pav At Least 20 21 22 23 24 25 $ 5,000 $ 6,000 $ 7,000 $ 8,000 $ 9,000 $10,000 1 I.I S For the purpose of this severance program, a death of an emp2oyee shail be considered as sepazation of employment and if the employee would have met all of the requirements set forth above, at the time of his/her death, payxnent of the severance pay shall be made to the employee's estate or spouse. 11.16 For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent SchooI District No. 625 employment is considered a separation of empioyment, and such transferee shall be etigible for the City severance program. 11.17 The manner of payment of such severance pay shall be made in accordance with the provision of the � City's Severance Pay Ordinance. 11.18 This severance pay program shai2 be subject to and governed by the provisions of the City's Severance Pay Ordinance except in those cases where the specific provisions of this Article conflict with said Ordinance and in such cases, the provisions of this Articie shall control. 1119 Notwithstanding Article 11.11, employees appointed prior to June 26, 1990 to a titIe covered by this Agreement who meet the qualifications as defined by the qaatifications as defined in Articles 11.13 and 11.14 may elect to draw severance pay under the provisions of 11. ] 4. However, an election by an employee to draw severance pay under Article 11.14 shall constitute a bar to drawing severance pay under any other provisions set forth in this Article 11. 1 L20 Employees appointed after 3une 26, 1990, to a ritle covered by this Agreemer�t shall not be eligible for any severance pay plan other than the provisions set forth in Articles 11.11 through 11.19. 10 C� aacii�.i.r, �l - t�11'Y MILEAGE 12.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative ' Code, as amended, pertaining to reimbursement of City o�cers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. • 12.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization &om the Departtnent Head. Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shail be rennbursed at the rate of $4.00 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 $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and ihe department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. 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 $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. • If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. 12.3 The City will provide pazking at the Civic Center Pazking Ramp for City employees on either of the above mentioned types of reimbursement plans who aze required to have their personal car available for City business. Such pazking will be provided only for the days the employee is required to have his or her own personal caz available. 12.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients 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 fiu�ther 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 additionai insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the city cierk. • il ARTICLE 13 - RESIDENCY 13.1 Tlxe Residency Resolution effective August 4, 1979, in Council File No. 273378 shall apply to all employees covered by this AgreemenY. ARTICLE 14 - WORKING OUT OF CLASSIFICATION • 14.1 Employer shall avoid, whenever possible, working an employee on an out-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifteen (15) working days shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16th) day of such assignment. For the purpose of this Article, an out-of-class assignment is defined as an assignment of an employee to perform, on a full time basis, all of the significant duties and responsibilities of a position different from the empioyee's regulaz position, and which is in a classification higher than the classification held by such employee. The rate of pay for an approved out-of-class assignment shaIl be the same rate the employee would receive if such empIoyee received a regulaz appointment to the higher classification. ARTICLE 15 - DISCIPLINE 15. i The Employer wili disciptine employees for just cause only. Discipline will be in the form of: (1) Oral reprimand; (2) Written reprimand; (3) Suspension; (4) Reduction; (5) Discharge 15.2 A notice in writing of Suspensions, Reductions and Dischazges shall be sent to the employee and the union seventy-two (72) hours after such action is taken. 153 EmpIoyees and the Union will receive copies of written reprimands and notices of suspension and dischazge. • 15.4 Emp2oyees may examine atl information in the Employer personnet file that concerns work evaluations, commendations and/or disciplinary actions. Files may be examined at reasonable times under the d'uect supervision of the Employer. 1 S.5 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or Union may request, and shall be entitled to a meeting with the Employer representative who initiated the suspension with intent to dischatge. During said five (5) day period, the Employer may affirm the suspension and dischazge in accordance with Civil Service Rules or may modify, or withdraw same. 15.6 An employee to be questioned conceming an investigation or discipiinary action sha11 have the right to request that a Union representative be present. • 12 ARTICLE 15 - DISCIPLINE (Continued) 15.7 Grievances relating to this Article shall be processed in accordance with existing Civil Service • procedures, except that oral and written reprimands shall be taken up in the grievance procedure under Article 19 (Grievance Procedure). ARTICLE 16 - INSURANCE Active Employee Insurance 16.1 The insurance plans, premiums for coverages and benefits contained in the insurance plans offered by the Emgioyer shall be solely controlled by the contracts negotiated by the Employer and the benefit providers. The Employer will attempt to prevent any changes in the benefits offered by ihe benefit providers. However, the employees selectang the offered plans agree to accept any changes in benefits which a specific provider implements. 16.2 For the purpose of this Article, full-time employment is defined as appearing on the payroll an average of at least 32 hours per week for the twelve (12) month period preceding the annua] open enrollment or special enrollments, or for the six {6) month period preceding initial enrollment. Three-quarter time employment is defined as appearing on the payroll an average of at least 26 hours per week, but less than 32 hours per week, for ihe twelve (12) month period preceding the annual open enrollment or special enrollments, or for the six (6) month period preceding initial enrollment. Half-time employment is defined as appearing on the payroli at least 20 hours per week, but less than • 26 hours per week, for the twelve (12) month period preceding the annual open enrollment or special enrollments or foi the six (6) month period preceding the initial enrollment. 163 For each eligible employee covered by this Agreement who is employed half-time and who selects employee health insurance coverage, the Employer agrees to contribute fifty percent (50%) of the amount contributed for full-time employees selecting employee coverage in the same insurance plan. For each half-time employee who selects family health insurance coverage, the Employer agrees to contribute fifty percent (50%) of the amount contributed for full-time employees selecting family health insurance coverage in the same insurance plan. For each eligible employee covered by this Agreement who is empioyed three-quarter time and who selects employee health insurance coverage, the EMPLOYER agrees to contribute seventy-five (75%) of the amount contributed for full-time employees selecting empioyee coverage. For each three-quarter time employee who selects family health insurance coverage, the Employer agrees to contribute seventy- five percent (75%) of the amount contributed for full-tnne empioyees selecting family heaith insurance coverage. 16.4 Effective 3anuary 1, 1999, 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 the least expensive employee insurance offered by the Employer. For each eligible fu11-time employee who selects family health insurance coverage, the Employer will contribute the cost of such • family coverage or $364.15 per month, whichever is less. 13 ARTICLE 16 - INSURAN�E (Continued} 16.5 Effective January t, 2000, for each eligibte empioyee cavered by ttus Agreement who is employed futl- time and who selects employee health insurance coverage, the Employer agrees to contribute the cost of the least expensive premium for employee health insurance offered by the Employer. For each eligible full-tnne employee who selects family health insurance coverage, the Employer's contribution towazd . family insurance coverage shown above in Article 16.4 shall be adjusted to reflect an increase in an amount equal to the full increase of the single premium. Tlie 1999 contriburion is $364.15. 16.6 Notwithstanding Article 163, eligible employees covered by this Agreement and employed half-time prior to January 1, 1986, shall receive the same insurance contributions as a fiill-time employee, This Article, 16.6, applies only to eligible emptoyees who were emptoyed half-time during the month of December, 19&5, and shall continue to apply only as long as such employee remains continuously employed half-time. Retiree Insurance 16.7 Employees who retire must meet the following conc3itions at the time of retirement in order to be eligible for the Employer contributions, listed in Sections 16.8 through 16.11 below, towazd a health insurance plan offered by the Employer: (1) Be receiving benefits from a pubtic employee retirement act at the time of retirement, and (2) Have severed his/her relationship with the City of Saint Paul for reasons other than misconduct, and (3) Have completed at least 20 yeazs with the City of St. Paul. (4) Service requirements for retiree health insurance eligibility will not include yeazs of service with Schoo2 District #625 for employees hired by the City, or transfened to the City, after December 31, 1998. Early Rerirees 16.8 This Secrion shatl apply to full time employees who: (1) Retire on or after January 1, 1996, and (2) Were appointed on or before December 31, 1995, and (3) Have not attained age 65 at retirement, and (4) Meet the terms set forth in Section 16.7 above, and (5) Select a health insurance plan offered by the Employer . Until such employees reach sia�ty-five (65} yeazs of age, the Employer agrees that for retirees selecting single coverage, the Employer wiIl provide the same contribution as is provided for acrive employees selecting single coverage under this Agreement. This amottnt, however, shall not exceed $350.00 per month. For emptoyees selecting family health insurance coverage, the Employer will contribute $350 per month toward the premium for family health insurance coverage. Any unused portion of the Employer's conuibution shall not be paid to the retiree. When such early refiree attains age 65, the provisions of Secrion 16.10 shatl app2y. 14 • ARTICLE 16 - INSURANCE (Continued) 16.9 This Section shall apply to fuli time employees who: • (1) Retire on or after January 1, 1996, and (2) �'ere appointed on or after January 1, 1996, and (3) Have not attained age 65 at retirement, and (4) Meet the conditions set forth in Section 16.7 above, and (5) Select a health insurance pian offered by the Bmployer. Until such retirees reach si�y-five (65) yeazs of age, the Employer agrees to contribute a maximum of $300.00 per month towazd the cost of single or family health insurance coverage. Any unused portion shall not be paid to the retiree. When such early retiree attains age 65, the provisions of Section 16.11 shall appiy. Regular Retirees (Age 65 and over) 16.10 This Section shall apply to full time employees who: (1) Retire on or after January 1, 1996, and (Z) Were appointed on or before December 31, 1995, and (3) Have attained age 65 at retirement, and (4) Meet the terms set forth in Section 16.7 above, and (5) Select a health insurance plan offered by the Employer The Employer agrees to contribute a maYimum of $350.00 per month toward the premium for single or family health insurance coverage offered by the Employer to regular retirees and their dependents. Any . unused portion of the Employer's contribution shall not be paid to the retiree. This Section shall also apply to early retirees who retired under the provisions of Section 16.8 when such early retirees attain age 65. 16.11 This Section shall apply to full time employees who: (1) Retire on or after January 1, 1996, and (2) Were appointed on or after January 1, 1996, and (3) Have attained age 65 at retirement, and (4) Meet the terms set forth in Sections 16.7 above, and (5) Select a health insurance plan offered by the Employer The Employer agrees to contribute a maximutn of $300.00 per month toward the cost of single or family health insurance coverage offered to regulaz retirees and their dependents. Any unused portion shall not be paid to the retiree. This Section shall also apply to eazly retirees who retired under the provisions of Section 16.9 when such early retirees attain age 65. ` J 15 ARTICLE 16 - INSURANCE (Continued) 26.12 If an employee does not meet the condition of Section 16.7(3), bnt has completed at least ten (10) year of - service with the City, he/she may purchase single or family heaith insurance coverage through the Employer's insurance program. The totaI cost of such insurance coverage shall be paid by the retiree. • 16.13 A retiree may not cany hislher spouse as a dependent if such spouse is also a City retiree or City employee and eligible for and is enrolled in the City's health insurance program. I6.14 For each eIigible empIoyee the Employer agrees to contribute the cost $20,000 of life insurance coverage. I 6.15 Any cost of any premium for any Ciiy-offered empioyee or family insurance coverage in excess of the dollaz amounts stated in this Article 16 shall be paid by the employee. 16.16 The Employer will provide a system whereby the employee's contribution towazd the premiums for the employee's selected health insurance coverages can be paid on a pre-tas basis. Employees covered by the Agreement will be eligible to participate in the Flexible Spending Account as offered by the Employer. The service fee chazged to participating employees shall be paid by the employee. 16.17 Employees covered by this Agreement shail be eligible to participate in the Dependent Care Reimbursement Account offered by the Employer. The service fee charged to participating employees shall be paid by the Employer. 16.18 The contributions indicated in this Articte 16 shati be paid to the Employer s Third Party Administrator. Survivor Insurance 16.19 The surviving spouse of an employee carrying family coverage at the time of his/her death due to a job connected injury or illness which was determined to have arisen out of and in the course of his/her employment under worker's compensation law shalt continue to be eligible for city contribution in the same proportions as is provided for retired employees In the event of the death of an eazly retiree or a regulaz retiree, the dependents of the retiree shall have the option, w�ithin thircy (30) days, to continue the current hospitalization and medical benefits which said dependents previousty had, at the premium and Employer contribution accorded to the eligible deceased retiree. It is further understood that coverage shall cease in the event of: (1) Subsequent remarriage of the sarviving spouse of the deceased employee or retiree. (2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employmenY. r1 LJ 16 ARTICLE 17 - HOLIDAYS . 17.1 Holiday recognized and observed. The following days shali be recognized and observed as paid holidays: • New Yeazs Day - January 1 Martin Luther King Day - 3rd Monday of 3anuary Presidents' Day - 3rd Monday of February Memorial Day - The last Monday of May Independence Day - July 4 Labor Day - 1 st Monday of September Veterans' Day - November 11 Thanksgiving Day - 4th Thursday of November The Day A$er Thanksgiving 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. 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. For those employees assigned to a work week other than Monday through Friday, the holiday shall be observed on the calendaz date of the holiday. ] 7.2 The floating holidays set forth in Section 17.1 above may be taken at any time during tlae contract yeaz, subject to the approval of the Department Head of any employee. • 173 Eligibility Requirements In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an employee's name must 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. l 7.4 If an employee entitled to a holiday is required to work on Martin Luther King Day, Presidents' Day, Veterans' Day or the Day after Thanksgiving he/she shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department permits, or he/she shall be paid on a straight time basis for such hours worked, in addition to his/her regular holiday pay. Employees assigned to a twelve (12) hour shift shall have holiday overtime using a twelve (12) hour value. If an employee entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, he/she shail 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/her regulaz holiday pay. Employees assigned to a twelve (12) hour shift shall have holiday overtime using a twelve (12) hour value. • 17 ARTICLE 18 - VACATION 18.1 Vacation credits shall accumulate at the rates shown below for each full hour on the payroll, excluding overtime. Yeazs of Service .0385 (10 days) .0616 (16 days) .0731 (19 days) .0885 (23 days) .1000 (26 days) Hours of Vacation 1 st yeaz thru 4th year Sth yeaz thru 9th yeaz l Oth yeaz thru 15th year 16th yeaz thru 23rd yeaz 24th year and thereafter 18.2 The head of the department may permit an empioyee to cazry over into the °vacation yeaz" up to one-hundred twenty (120) hours of vacation. For the purpose of ttus article the 'bacation year" shall be the fiscal yeaz (IRS payroll reporting year). 18.3 The above provisions of vacation shail be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Sub. H. • 18.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he/she may convert any part of such excess of vacation at tke rate of one-hatf day's vacarion for each day of sick leave credit. The maximtun number of days' vacation allowed by the conversion of sick leave credits shall be no more than five days in any one "vacation yeaz". • ARTICLE 19 - GRIEVANCE PROCEDURE 19.1 The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bazganring unit. The Union shall notify the Empioyer in writing of the names of the Stewazds and of their successors when so named. 192 It is recognized and accepted by the Fsnployer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities ofthe employees and shall therefore be accomplished during working hours only when consistent with such employee duYies and responsibiliries. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processe@ dezring working hours, provided, the Steward and the employee have norified and received the approval of their supervisor to be absent to process a grievance and that such absence wouid not be detrimenial to the work progams of the Employer. 18 • ARTICLE 19 - GRIEVANCE PROCEDURE (Continued) - 19.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of discipiinary action as provided by Article 15, for the processing of grievances, which aze defined as an � alieged violation of the terms and conditions of this Agreement. Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an aileged violation of this Agreement, the employee involved shali attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and 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 alieged violation of the Agreement not reduced to writing by the Union within fourteen (14) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence shouid have had knowiedge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendaz days after receiving the written grievance a designated Employer supervisor shall meet with the Union Stewazd and attempt t4 resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendaz days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendaz days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendaz days following receipt of the Employer's answer shall be considered waived. • Step 3. Within seven (7) calendaz 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 Empioyer 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) calendaz days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendaz days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The azbitration proceedings shall be conducted by an azbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendaz days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either parry 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 shail 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 azbitrator. • 19 ARTICLE 19 - GRIEVANCE PROCEDURE (Conrinued) 19.4 The arbitrator shall have no right to aruend, modify, nullify, ignore, add to, or subtract from the • provisions of this Agreement. The azbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shali have no authority to make a decision on any other � issue not so submitted. The azbitrator shall be witliout power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitratoi 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 shali be based solely on the azbitrator'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. 19.5 The fees and expenses for the azbitrator's services and proceedings shall be bome equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 19.6 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. 19J It is understood by the Union and the Employer that a grievance may be determined by either the grievance procedwe of this contract or by the provisions of the Civil Service Rules ofthe 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 azbitration under this grievance procedure. ARTICLE 20 - WAGE SCHEDULE 20.1 The wage schedule for purposes of this contract shail be Appendix A attached hereto. The basic hourly wage rates in Appendix A reflect the foltowing increases: 1999 Effective O1/02/99 2.0% Effective 06/19/99 0.5% 2000 Effective O]/l/2000 3.0% Retroactive pay adjustments shall apply to all employees of the bazgaining unit except those who have been terminated for cause. • 20 ARTICLE 21 - STRIKES, LOCKOUTS, WORK INTERFERENCE 21.1 The Union and the Employer agree that there shall be no strikes, work stoppages, slow-downs,.sit- � downs, stay-ins, or other concerted interference with the Employer's business or affairs by said Union . and/or the members thereof, and there shali be no bannering during the existence of this Agreement without first using all possible means of peaceful settlement of any controversy which may arise. ARTICLE 22 - NON-DISCRIMINATION 22.1 The terms and conditions of this Agreement will be applied to employees equally without regard to, or discrimmation for or against, any individual because of race, color, creed, sex, age, or because of membership or non-membership in the Union. 22.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 23 - SAFETY SHOES, UNIFORMS 23.1 The Employer agrees to pay $50.00 per yeaz toward the cost or repair of a pair of safety shoes purchased by an employee who is a member of this unit. The Employer shall contribute towazd the cost of one pair of shoes per contract year and shall not be responsibie for any additional cost for any additional shoes thereafter. The contribution shall be accumulative from yeaz to year, beginning in 1997, to a maximum benefit of $150.00 should an employee not utilize the benefit during a calendaz yeaz. This � reimbursement shall be made only after investigation and approval by the immediate supervisor of that employee. The Employer contribution shall apply only to those employees who are required by the Employer to wear protective shoes or boots. 23.2 The Employer will initially provide each employee working in the Water Treatment Plant who is required to wear a specified uniform with five (5) uniforms. The uniform will consist of five pairs of trousers, five long-sleeved shirts, and five short-sleeved shirts. Coverails can be substituted for a shirt and a trouser. In subsequent years, the Employer agrees to provide a uniform allowance of up to $100 per calendar year toward the cost of replacing uniforms. Employees must provide proof of uniform purchase to be reimbursed. Employees aze responsible for care and upkeep of the uniform. � 21 ARTICLE 24 - TERMS OF AGREEMENT 24.1 Complete Agreement and Waiver of Bargaining - T'his Agreement shali represent the complete • Agreement between the Union and the Employer. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make requests and � proposals with respect to any subject or matter not removed by law from the azea of collective bazgaining, and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opportunity aze set forth in this Agreement. Therefore, the Employer and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bazgain collectively with respect to any subject or matter referred to or covered in this Agreement. 24.2 Savings Clause - 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 fina� judgmeni 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. 24.3 Terms of Agreement - Except as herein provided, this Agreement shall be effective as of tiie date it is executed by the parties and shall continue in full force and effect thru the 31 st day of December, 2000, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend, or modify this Agreement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1984. In witness thereof the parties have caused this Agreement to be executed this �� day of Mazch 1999. � . 22 ARTICLE 24 - TERMS OF AGREEMENT • 24.4 This constitutes a tentative Agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Admiuistration of the City, the City Council, and is also subject to ratification by the Union. WITNESSES: CITY OF SAINT PAUL ��9'l�� 3— f 4'— 9 � M . Kearne Date Labor Relations Director • INTERNATIONAL LTNION OF OPERATING ENGINEERS, LOC N0. 70 � = �' 3�/ . , Business Manager Date � �� h-.Y�Y�GL6N�n �� President Date i G v J'G�!� �'L��7 t�L�. �%/-/ � Recording Secretary Date l= ��j Business 'epresentat` e Date ��,,.�.v. �rd- ��° a0aa /Q t Negotiating Committee Date Date Date Z��/� Committee Date �Gc!!��`"� ��P� � Negotiating Committee Date -� 1 / Neg iating Committee D te 23 APPENDIX A - WAGES • � • The wage rates and salary ranges for classifications in this unit aze as follows: Effecrive Effective Effective 1/02/99 6/19/99 1/1/2000 2.0% .5°/a 3.0% Building Maintenance Engineer First 6 months 19.46 14.56 20.15 After 6 months 19.46 19.56 20.15 Chief Operating Engineer- Civic Center First 6 months 21.05 21.16 21.79 After 6 months 21.91 22.02 22.68 Custodian-Engineer I First 6 months 16.93 17.01 17.52 After 6 months 17.69 17.78 1831 Modified Duty Worker Custodian Eng I. First 6 months 16.93 17.01 17.52 After 6 months 17.69 17.78 1831 Custodian-Engineer I - Library First 6 months 16.93 17.01 17.52 ARer 6 months 17.69 17.78 1831 Custodian-Engineer I - Public Safety First 6 months 16.93 17.01 17.52 After 6 months 17.69 17.78 1831 -Al- Appendix A(Continued) Effecfive Effective Effective 1/02/99 6/19/99 1f01/2000 2.0% .5% 3.0% Custodian-Engineer II First 6 months 1731 17.40 17.92 After 6 months 18.29 1838 18.93 Custodian-Engineer II - Library First 6 months 1731 17.40 17.92 After 6 months 18.29 1838 18.93 Custodian-Engineer III First 6 months 18.62 18.71 19.27 After 6 months 19.60 19.70 20.29 Custodian-Engineer III -Library First 6 months 18.62 1$.71 19.27 After 6 months 19.60 19.70 2029 *Filter Plant Operator I First 6 months 1831 18.40 18.95 After 6 months 19.05 19.15 19.72 House Custodian II First 6 months 12.88 12.94 1333 After 6 months 12.88 12.94 1333 Chemical Feed System Repairer First 6 months 19.93 20.03 20.63 After 6 months 20.72 20.82 21.44 r� L • C� S`� • • \J Appendix A(Continued) Effective Effective Effective 1/02/99 6/19/99 1/Ol/2000 2.0% .5% 3.0% Maintenance Worker First 6 months 18.71 18.80 19.36 After 6 months 19.43 19.53 20.12 Operating Engineer First 6 months 1939 19.49 20.07 After 6 months 20.18 20.28 20.89 Operating Engineer - Civic Center First 6 months 1939 19.49 20.07 After 6 months 20.18 20.28 20.89 Pumping Engineer II First 6 months 1939 19.49 20.07 After 6 months 20.18 20.28 20.89 Pumping Engineer III First 6 months 21.05 21.16 21.79 After 6 months 21.91 22.02 22.68 Sewer Pumping Station Operator First 6 months 20.24 2034 20.95 After 6 months 20.99 21.09 21.72 -A3- Appendix A(Continued) Effective Effective Effective 1/02/99 6/19/99 1/O1/2000 2.0% .5% 3.0% Supervisory Stationary Engineer First 6 months 19.25 1935 19.93 After 6 months 20.00 20.10 20.70 Trainee (Custodian-Engineer) First 6 months 9.12 9.17 9.45 After 6 months 9.42 9.47 9.75 Water Plant Aide First 6 months 16.94 17.02 17.53 After 6 months 17.72 17.81 1834 Water Plant Operator I First 6 months 18.62 18.71 19.27 After 6 months 19.35 19.45 20.03 Water Treatment Plant Operator II First 6 months 19.39 19.49 20.07 After 6 months 20.18 20.28 20.89 Custodian Start 14.80 14.87 1532 After 6 months 15.23 1531 15.77 After 1 yeaz 15.48 15.56 16.03 After 2 yeazs 15.96 16.04 16.52 • C , J • -A4- • � � Appendix A(Continued) Effective Effective Effective 1/02/99 6/19/99 1/Ol/2000 2.0% .5% 3.0% Modified Duty Worker - Custodian Start 14.80 14.87 1532 After 6 months 15.23 1531 15.77 After 1 yeaz 15.48 15.56 16.03 After 2 yeazs 15.96 1b.04 16.52 Custodial Worker Start 13.17 13.24 13.64 Afier 6 months 13.57 13.64 14.05 After 1 year 13.86 13.93 1435 After 2 years 14.34 14.41 14.84 Park Ranger 0-500 hours 8.87 8.91 9.18 501-1000 hours 939 9.44 9.72 1001-1500 hours 9.93 9.98 10.28 1501+ hours 10.68 10.73 I 1.05 Modified Duty Worker - Pazk Ranger 0-500 hours 8.87 8.91 9.18 501-1000 hours 939 9.44 9.72 1001-1500 hours 9.93 9.98 10.28 1501+ hours 10.68 10.73 11.05 S�� Appendix A(Continued) Effective Effective Effective 1/02/99 6/19l99 1/Ol/2000 2.0% .5% 3.0% Police Pazk Ranger Start 8.87 8.91 9.18 After 6 months 10.28 1033 10.64 After 1 year 10.68 10.73 11.05 After 2 years 11.2Q 11.26 11.60 After 4 yeazs 11.75 11.81 12.16 After 5 yeazs 12.14 12.20 12.57 After 10 yeazs 12.94 13.00 13.39 Custodian (Light Duty) A B C (1} (2) (3) O1/02/99 810.43 837.41 864.43 06/19/99 814.48 841.60 868.75 Oi/01/2000 838.91 866.85 894.81 Securitv Officer Modified Duty Worker - Security Officer D E F 10-yr. (4) (5) (6) (7) 892.49 924.02 955.44 475.74 896.95 928.64 960.22 980.62 923.86 956.50 989.03 1010.04 I S-yr. (8) 997.04 lOQ2.03 1032.09 A B C D E F 10-yr. 15-yr. ( (z) (3) ( ( ( (�) ( Ol/02/99 997.67 1038.06 1075.27 1115.71 1159.22 1207.35 1232.13 1263.I9 06/19/99 1002.66 1043.25 1080.65 1121.29 1165.02 121339 1238.29 1269.51 O l/O l/2000 1032.74 1074.55 1113.07 1154.93 1199.97 1249.79 1275.44 13 07.60 Security Officer - Water Utility . • C� A B C D E F 10-yr. 15-yr. �1) (z) �3) �4) (5) �6) ��) (g) O l/02/99 1049.19 1083.04 1118.16 115 5.94 1196.70 1241.98 1273 .26 13 01.62 06/19/99 1054.44 1088.46 1123.75 1161.72 1202.68 1248.19 1279.63 1308.13 Ol/Ol /2000 1086.07 1121.11 1157.46 1196.57 1238.76 1285.64 1318.02 1347.37 • -A6- a Appendix A (Confinued) " Personnel hired for employment with the City after the date of the signing of this agreement, to a class listed in ARTICLE 1 above, shall be compensated at the "0 - 6 months" hourly wage rate during their . probationary period. After completion of the probationary period the employee shall be paid at the "after 6 months" hourly wage rate. Employees promoted from any class listed in ARTICLE 1 above to any class listed in ARTICLE 1 above shall receive the "after 6 months" houriy wage rate. Temporary empioyees shali be paid the minimum rate indicated in this APPENDIX for the classification in which they are employed. • • s�e � APPENDIX B- COMO PARK CONSERVATORY/ZOO LAYOFFS • Notwithstanding ARTICLE 5.3 of this Agreement, in the event it is determined by the EMPLOYER that it is necessary to reduce the work force at the Como Park Conservatory/Zoo work stafion, employees will be laid off based on the inverse order in which their names appear in this Appendix B, regazdless of the classification indicated following their name. Appendix B will only apply to the named employees herein as long as they remain continuously employed in the classificafion indicated and at the Como Park Conservatory/Zoo work station. In the event an employee's classification or work station is changed, this Appendix B will no longer be applicable to such employees. EMPLOYEE Otimo Vasquez Edwazd Erichsen Thomas Stellwag Kenneth Reding Dennis Hermann � C J CLASSIFICATION Custodian-Engineer II Custodian-Engineer II Operating Engineer Operating Engineer Operating Engineer This Appendix B will sunset when the last Custodian-Engineer II leaves the Como Pazk Conservatory/Zoo work station. '� Council File # � - agc QRIGINAL Presented Referred To Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1999-2000 Labor Agreement between the City of Saint Paul and the International Union of Operating Engineers Local 70. Requested by Depaztment o£ Office of Labor Relations BY � �� Adoption Certified by Council Secretary By: �—�_ � �Q � . �— Approved by May . Date l�'� T 4��g� T g ,r Green Sheet # 63928_ RESOLUTION CITY OF SAINT PAUL, MINNESOTA r1 ! Adopted by Council: Date �,� _ � \ �� {� .� Form App v City Atto By: DEPARTMEA'T/OFFICE/COUNC'L DATE INITTATED GREEN SHEET No.• 63928 � LABOR RELATION3 3/17/99 ' CONTACI' PERSON & PHONE: � 1NITIAI✓DATE INITIAL/DATE J[JLIE KFtAUS 266-6513 ASSIGN I DEPARTMENC DIR �_ 4 CITY COUNCIL NUMBER 2 CITY ATI'ORNEY CITY CLERK MUST BE ON COUIVCIL AGEA`DA BY (DATE) F�R BUDGET DIR. FIN. & MGT. SERVICE DIR. ROUTING 3 MAYOR (OR ASST.)� ORDER TOTAL # OF SIGNA'CURE PAGES_I (CLIP ALL LOCATIO,�'S FOR SIGNAI'URE) ncnon xEQUesrEn: This resolution approves the attached 1999-2000 Labor Agreement between the City of Saint Paul and the International Union of Operating Engineers Loca170. RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAI, SERVICE CON7'RACI'S ,rIUST ANSWER THE FOLLOK'ING QUESTIONS: _PLANNING COMMISSION _CIVIL SERVICE COMIvIISSION I. Has this person/firm ever worked mder a conhact for this departmrnfl _CIB COMIvffTTEE Yes No STAFF 2. Has this person/fi�m ever been a city employee? DISTRICT COURT Yes No SiJPPORTS WHICH COUNCIL OBJECII VE? 3. Does this person/fian possess a skill not nocmaily possessed by any cursen[ city employee? Yes No Explain all yes answers on separate sheet and attac6 to green sheet INTTIATING PROBLEM, ISSUE, OPPORTIINITY (Who, What, When, Where, Why): ADVANTAGES IF APPROVED DISADVANTAGESIFAPPROVED: G�4`L.'�:"it.•�i S`��,v:^.'.i`�� v''.�'?( �� 'K � '''' � �:� ��±� � � ��9 � :3 � �� , � � �N,-� � � �i�r� � 2 1�� DISADVANTAGES IF NOT APPROVED: �° � ` �°w 'e' E-.KC �� t°�,y � � x' c- . ._�._.�_____ .,..._ _'_ ' '� � � y •�.�� y�' 8 TOTAL AMODNT OF TRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTMTY NUMBER: FINANCIAL INFORMATION: (EXPLAIN) �$ 99 -�8� ATTACfIMENT TO TI� GREEN SHEET Intemationat Union of Operating Engineers Loca170 Below is a summary of the changes in the Collective Bazgaining Agreement between the City of Saint Paul and the Intemational Union of Operating Engineers Local 70. This is the City's first agreement for the yeaz 2000. Wages: 1999: 2.5% : 2.0% effective 1/02/99; .5% effective 6/19/99 2000: 3.0% effective 1/O1/2000 Health Insurance: 1999: Single $193.25 This represents an amount equal to full single coverage. Family $364.15 - The increase far the single health insurance premium for 1999 was $1430. The union agreed to appiy this same amount to the employer contribution for family coverage. Thus giving single and members with families the same increase. The $1430 represents 39% of the family premium increase. 2000: Single: Full single amount Family: $364.15 + Single increase amount -. �aCg- � ��E �:. . � � �_ �� -_ �:. �� _. � � � � �_� � : - 19A� - 2000 _ _ LASOR AGREEIVIENT . �=.b.etv�een - �� - _ .-. - _. . , E. - � . _., , '��T�' CITY O�: SAI�T'T PAUL � � ai�� =� � _ ; INT`ET�.NATIONAL UNION:_QF �}P�RA'�'ING ` � _ ,. - � GINE�RS ; . _ i�I _ � ,� . : . Lo�AL �o •� : _ .. . _ _ � .� �_ - , _, : INDEX r� L� ARTICLE TITLE PAGE Preamble................................................. ii 1 Recognition ................................................1 2 Definitions .................................................1 3 Dues-FairShaze ............................................2 4 Union Rights ...............................................2 5 Seniority ...................................................3 6 ManagementRights ..........................................4 7 Hours,Premium Pay .........................................4 8 Leavesof Absence .......................................... .6 9 Military Leave of Absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Jury Duty ..................................................7 11 Severance Pay ..............................................8 12 Mileage ..................................................11 13 Residency .................................................12 14 Working Out of Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 • IS Discipline .................................................12 16 Insurance .................................................13 17 Holidays ..................................................17 18 Vacation ..................................................18 19 Grievance Procedure ........................................18 20 Wage Schedule .............................................20 21 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 22 Non-Discrimination .........................................21 23 Safety Shoes ...............................................21 24 Termsof Agreement ........................................22 Appendix A - Wages ....................................... A1 Appendix B - Como Pazk Conservatory/Zoo Layoffs . . . . . . . . . . . . . . B 1 • i PREAMBLE �� L This Agreement has been entered into beriveen the City of Saint Paul, hereafter refened to as the Employer, and Local Union No. 70, International Union of Operating Engineers, AFL-CIO, hereafter referred to as the i3nion. This Agreement has as its purpose the promotion of hazmonious relations between the Empioyer and the Union, the establishment of an equitable and peaceful procedure for ihe resolution of differences, and the establishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above objectives in fuli compliance • with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1984, as amended. . ii tircil�,tJr; 1 - RECOGNITION 1.1 The Employer recognizes the Unaon as the sole and exclusive bazgaining agent for the purposes of establishing wages, benefits, hours and other conditions of employment for all of its employees as • outlined in the certification by the State of Minnesota, Bureau of Mediation Services, under Case No. 73-PR-444-A, as amended, to read as follows: All regulaz, probationary, and provisional engineering and building maintenance personnei who aze employed by the City of St. Paul or who have their "terms and conditions of employmenY' established by the governing body of the City of St. Paul, and whose employment service exceeds the lesser of 14 hours per week or 35 percent of the normal work week and more than 67 work days per yeaz in the following classifications: Building Maintenance Engineer, Chief Operating Engineer--Civic Center, Custodial Worker, Custodian, Custodian Engineer I, Custodian Engineer I--Library, Custodian Engineer I--Public Safety, Custodian- -Engineer II, Custodian Engineer II--Library, Custodian Engineer III, Custodian Engineer III--Library, *Filter Plant Operator I, Custodian (Light Duty), House Custodian II, Instrument Repairer (Filter Plant), Maintenance Worker, Operating Engineez I, Operating Engineer II, Operating Engineer--Civic Center, Pazk Ranger, *Pumping Engineer I, Pumping Engineer II, Pumping Engineer III, Security Officer, Sewer Pumping Station Operator, Stadium Supervisor, Supervising Stationary Engineer, Watchman--Water Department, Water Plant Operator I, Water Plant Aide, Water Treatment Plant Operator II, Trainee (Custodian Engineer); excluding supervisory, managerial, clerical confidential, temporary and emergency employees, those exclusively represented by other labor or employee organizations, and all other employees. 1.2 The parties agree that any new classifications which are an expansion of the above bazgaining unit or • which derive from the classifications set 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 Empioyment Relations Act to accomplish said objective. ARTICL� 2 - DEFINITIONS 2.1 Collective Bargaining - The Employer wiil bargain coilectively with the Union and with respect to rates of pay, hours and other conditions pertaining to empioyment for all of the employees in the unit hereinbefore set forth. 2.2 Maintenance of Standards - The Employer agrees that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and generai working conditions shall be maintained at not less than the highest minimum standazd as set forth in the Civil Service Rules of the City of Saint Paul, (Resolution No. 3250 and the Saint Paul Salary Plan and Rates of Compensation) at the time of the signing of this Agreement, and the conditions of employment shal] be improved wherever specific provisions for improvement aze made elsewhere in this Agreement. • ARTICLE 2 - DEFINITIONS (Continued� 23 Discriminatiou - The Employer wiIl not interfere with, restrain or coerce the employees covered by this Agreement because of inembership in or activity on behalf of the Union. The Employer will not discriminate in respect to }vre, tenure of employment or any term or condition of employment against any employee covered by this Agreement because of inembership in or activity on behalf of the Union,• nor will it discourage or attempt to discourage membership in the Union, or attempt to encourage membership in another Union. 2.4 The term 'Bmployer" shall mean the City of St. Paul or the St. Paul Water Utility. ARTICLE 3- DUES - FAIR SHARE 3.1 Dues - The Employer agrees to deduct the Union membership initiation fee assessments and once each month dues from the pay to those employees who individually request in writing that such deductions be made. The amounts to be deducted shalt be certified to the Employer by a representative of the Union and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the firsY of the succeeding month after such deductions are made or as soon therea$er as is possible. 3.2 Fair share - Any present or future employee who is not a Union member shall be required to contribute a fair share fee for services rendered by the Union. IJpon notification by the Union, the Employer shali check off said fee from the earnings of the employee and iransmit the same to the Union. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in reIationship to negotiation and administration of grievance procedures. This provision shall remain operative only so long as specificatly provided by Minnesota law, and as � otherc�7se legal. 3.3 The Union will indemnify, defend and hold the Employer hazmless against any claims made and against any suits instituted against the City, its officers or employees, by reason of negligence of the Union in requesting or receiving deductions under this Article. The City will indemnify, defend and hoid the LJNION harmless against any claims made and against any suits instituted against the Union, its officers or employees by reason af negtigence on the part of the Employer in making or forwazding deductions under this Article. ARTICLE 4 - UNION RIGHTS 4.1 The Union may designate employees within the bazgaining unit to serve as Union Stewazds and shalI be reqnired to administer this Agreement. 4.2 The Union shall furnish the Employer and appropriate Department Heads and Labor Relations Director with a list of Stewards and altemaYes, and shall, as soon as possible, notif} said appropriate City officials in writing of any changes thereto. Oniy those who are Officers and Stewazds shali be recognized by the Employer for the purpose of ineetings. • Hnii�.Lr., 4 - UN1�N RIGHTS (Continued) 43 There shall be no deduction from the pay of a Stewazd when direcfly involved in meetings with management relating to the administration of this Agreement during working hours. • 4.4 Designated Union Representatives shall be permitted to visit employees on job sites and at department buiidings during working hours for the purpose of the administration of this contract. 4.5 Shop SteR�ard - One shop steward from each department will be allowed to accompany an employee's authorized representative during regulaz working hours for the purpose of wage, salary, or fringe benefit discussions or other probiems of their particular concem involving employees of the City of St. Paul under the foilowing conditions: i) That only one employee from any one deparnnent be allowed to leave hislher work. 2) That the steward be expected to attend these meetings on his/her own time when they are held outside of his/her regulaz working hours. 3) That adequate notice is given to the department heads so that permission may be obtained. 4) That the stewazd has officially been designated as such by the Union that helshe represents. 5) Union Conventions - Duly elected Union delegates shall be granted time off without pay for one week to attend such convention. Vacation or compensatory time may be used for this purpose. The Union shall gave at least ten working days advance notice of the employees who will be participating in such conventions. • ARTICLE 5 - SENIORITY 5.1 Seniority, for the purpose of this Agreement, shail be defined as follows: The length of continuous, regular and probationary service with the Employer from the date an employee was first appointed to a class title covered by this Agreement, it being further understood that seniority is confined to the current class assignment held by an employee. In cases where two or more employees aze appointed to the same class title on the same date, the seniority shail be determined by the employee's rank on the eligible list from which certification was made. 5.2 Seniority shall temunate when an empioyee retires, resigns, or is dischazged. 53 In the event it is determined by the Employer that it is necessary to reduce the work force, employees will be laid off by class title within each department based on inverse length of seniority as defined above. 5.4 In cases where there are promotional series, such as Custodian Engineer I, II, III, etc., when the number of employees in the higher titles is to be reduced, employees who have held lower titles in the bargaining unit will be offered reductions to the highest title to which class seniority would keep them from being laid off, before layoffs aze made by any class title in any department. • 3 ARTICLE 5 - SENIORITY (Continued) 5.5 Recalt from layoff shali be in inverse order of 2ayoff, except that recall rights shall expire after two years - of layoff. 5.6 It is understood that such employees will pick up their former seniority date in any class of positions th� they previously held. ARTICLE 6 - MANAGEMENT RIGHTS 6.1 The Union recognizes the right of the Employer to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the Employer has not officially abridged, delegated, or modified by this Agreement aze retained by the Employer. 6.2 A public Employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but aze not limited to, such azeas of discretion of poticy as the funcrions and progranis of the Employer, its overall budget, utilization oftechnology, and organizational structure and selection and direction and number of personnel. ARTICLE '7 - HOURS, PREMIUM PAY 7.1 Hours of Employment - The normal work day and the normal work week shall be 8 consecutive hours in any 24-hour period and 40 hours in any 7-day period. (For employees on a shift basis, this shall be construed to mean an average of forty hours a week.) The normal work week shall consist of 5 consecutive normal work days. Within the Division of Libraries, the normat work week shatl consist o� 5 consecutive normal work days followed by two (2) consecutive days off. 72 Call-in-Pay - When an employee is called to work he/she shall receive two hours pay if not put to work. If an emptoyee is called to work and commences work, he/she shall be guaranteed four straight time hours pay, or one and one-half (1.5) times the employee's normai hourly rate for the actual number of hours worked, whichever is greater. These pzovisions, however, shall not be effective when work is unable to proceed because of adverse weather condifions; nor shall these provisions apply to temporary or emergency employees nor to employees employed under any of the titles listed in Section 3.M of the Civil Service Rules under the heading "Special Employments"; nor to any person whose regulaz scheduled workday is less than four hours. 73 Overtime - Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by the order of the head of the department. An Employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such overtime work. The basis on which such overtime shall be paid shali be detemuned by the employee provided there is money in the budget. In the Division of Libraries, over[ime which is scheduIed overtime shall be paid at tlie discretion of the Employer; overtime which is unscheduled shall be at the choice of the employee provided there is money in the budget. The overtime rate of one and one-half shall be computed on the basis of 1/80th of the bi-weekly rate, � .....�...�L r - nvUK�� rtt�MIUM PAY (Continued) 7.4 Premium Pay - To any employee who works on a regulazly assigned shift beginning earIier than 6 a.m. � or ending later than 6 p.m., provided that at least five hours of the shift are worked between the hours of . 6 p.m. and 6 a.m., there shall be paid a night differential for the entire shift. To any employee who works on a regulazly assigned shift, beginning eazlier than 6 a.m. or ending later than 6 p.m., but less than five hours of the shift are worked between the hours of 6 p.m. and 6 a.m., there shail be paid a night differential for the hours worked between the hours of 6 p.m. and 6 a.m. Notwithstanding Secfion III B of the Saint Paul Salary Plan and Rates of Compensation, employees working at the Water Utility's Filtration Plant and who are regularly assigned to a shift which begins at 2:30 p.m. shall be eligible for the night differential as stated in Section III B for the entire shift. 7.5 The night differential sha11 be 5% of the base rate, and shall be paid only for those night shifts actually worked; provided, however, that the provisions of this subsection shall not apply to emergency or temporary empioyees in the Auditorium, or to employees holding titles listed in Section II of the Saint Paul Salary Plan and Rates of Compensation under the heading "Special Employments" in this bazgaining unit. 7.6 A premium pay of twenty-five (25) cents per hour shall be paid for ali swing stage work, such as any work performed from a boatswain's chair or a swing scaffold, fifry (50) feet or more above the ground. All standard safety laws shall be complied with. 7.7 Notwithstanding Article 7.1, employees may, through mutual agreement with the Employer, work schedules other than schedules limited by the normal work day and work week as set forth in Article 7.1. • Overtime compensation for employees working under such agreements shall be sub}ect to the provisions, for same, as set forth by the Fair Labor Standazds Act. 7.8 For employees who wish to shaze a position, the Employer will attempt to provide options for implementing a sharing arrangement. Such an arrangement must be mutually agreed upon by the Employer and the employees involved. Vacation, holiday, and sick leave benefits for employees who shaze a position shall be pro-rated based upon the percent of hours worked. Health insurance benefits sha11 be administered in accordance with the provisions of Article 16 (Insurance) of this Agreement. In the event that one of the employees participating in the shazed position is terminated or terminates employment, the Employer shail post the job sharing vacancy for a period of ten (10) days. If, at the end of ten (10) days, such vacancy cannot be filled, the Employer shall have the option of increasing the remaining employee's work hours. ?.9 Articles ?.'1, and 7.8 shall not be sub,ject to the provisions of Articie 19 (Grievance Procedure) of this Agreement. n U ARTICLE 8- LEAVE� b� AI��N�.�� 8.1 Leave of Absence - After three month's employment, an employee may make application for a leave of absence not to exceed one year. A leave of absence shall be graated on the basis established in the Civi1 - Service Rules (Resolution No. 3250). • 8.2 Sick Leave - Sick leave shatl accumulate at the rate of .0576 of a wotking hour for each full hour on the payrotl, excluding overtime. Sick leave accuxnulation is unlunited. To be eligible for sick leave employees must report to their supervisor no later than one-half hour past their regulaz scheduled starting time. The granting of sick teave shalt be subject to the terms and pmvisions of Resolution No. 3250 of the Ciry of Saint Paul. 83 Any employee who has accumulated sick leave credits as pmvided above sha11 be granted leave with pay, for such period of time as the head of the department deems necessary, on account of sickness or injury of the employee, quazantine established by a public health enforcement agency, death of the employee's mother, father, spouse, child, brother, sister, mather-in-taw, father-in-law, grandparent, grandchild or other person who is a member of the household; and may be granted leave with pay for such time as is acmaliy necessary for office visits to a doctor, dentisY, optometrist, etc. 8.4 In the case of a serious illness or disability of an employee's child, pazent, or household member, the head of the department shall grant leave with pay in order for the employee to care for or make arrangements for the caze of such sick or disabled persons. Such paid 2eave shall be drawn from the employees accumulated sick leave credits. Use of such sick leave shall be limited to 40 hours per incident. 8.5 Maternity and Parentai Leave - Pregnant employees of the City of Saint Paul shall be eligible for the use of paid sick leave and unpaid leave of absence in the same manner as any other disabled or ill City employee. Such paid sick leave eligibility shall begin upon certi&carion by the employee's attending physician that the employee is disabled in terms of her ability to perform the duties of her position. A twelve (12) month Pazental leave of absence without pay shatl be granted to a natural parent or an adoptive parent, who requests such leave in conjunction with the birth or adoption of a child. Such leave may be extended an additional twelve (12) months by mutual agreement between the employee and the Employer. Refusal on the part of the Employer to grant an elctension of such leave shali not be subject to the provisions of Articie 6 of this Agreement. Employees who return folIowing such Ieaves of absence shail be placed in a position of equivalent salary and tenure as the one held just prior to the beginning of their leave. 8.6 School Conference Leave - An employee shall be granted up to a total of sixteen (16) hours during a school yeaz to attend school conferences or classroom activities related to the employee's child, provided the conferences or classroom activities cannot be rescheduled during non-work hours. If the need for the Ieave is foreseeable, the employee must provide reasonable prior notice of the leave and make a reasonabie effort to schedule the leave so as not to disrupt unduly the operation of the Employer. An employee shall be allowed to use vacation or compensatory time for this leave; otherwise this leave shall be without pay. 6 r L� ARTICLE 9- MILITARY LEAVE OF ABSENCE , 9.1 Pay Allowance - Any employee who shall be a member of the Nationai Guard, the Naval Militia or any other component of the militia of the state, now or hereafrer organized or constituted under state or � federal law, or who shali be a member of the Officer's Reserve Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval force of the United States, now or hereafter organized or constituted under Federal law, shail be entitled to leave of absence from employment without loss of pay, seniority status, efficiency rating, vacation, sick leave or other benefits for all the time when such employee is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, provided that such leave shall not exceed a total of fifteen (15} days in any calendaz year and, further provided that such leave shall be•allowed only in case the required military or naval service is satisfactorily performed, which shali be presuxned unless the contrary is established. Such leave shali not be allowed unless the employee: (1) retums to hisJher position immediately upon being relieved from such military or naval service and not later than the expiration of time herein limited for such leave, or (2) is prevented from so retuming by physical or mental disability or other cause not due to such employee's own fault, or (3) is required by proper authority to continue in such military or naval service beyond the time herein limited for such leave. 4.2 Leave Without Pay - Any employee who engages in active service in time of waz or other emergency declared by proper authority of any of the military or naval forces of the state or of the United States for which leave is not otherwise ailowed by law shall be entitled to leave of absence from employment without pay during such service with right of reinstatement and subject to such conditions as aze imposed by law. • 9.3 Such leave of absence as are granted under Article 9 shall conform to Minnesota 3tatutes, Section 192, as amended from time to time and shall confer no additional benefits other than those granted by said statute. ARTICLE 10 - 3[3RY DUTY i Q.1 Employees who are required to appeaz in court as jurors or witnesses sha11 be paid their regular pay while they are so engaged, provided however, that any fees that employeas may receive from the court for such service shall be paid to the Employer and be deposited with the Director of Finance and Management Services. Any empioyee who is scheduled to work a shift, other than the normal daytime shift, shali be rescheduled to work the normal daytime shift during such time as he/she is required to appeaz in court as a juror or witness. • ARTICLE 11 - SEVERANCE PAI� l 1.1 The Employer shall provide a severance pay program as set forth in this Article. I 1.2 To be eligible for the severance pay program, an employee must meet the foiIowing requirements: � (1) The employee must be 58 yeazs of age or older or must be eligible for pension under the "rule of 85" or the "rale of 90" provisions of the Public Employees Retirement Association (PERA). The "rule of 85" or the "rule of 90" criteria shalI also apply to employees covered by a public pension plan other than PERA. (2} The employee tnust be votuntarily separated from Ciry employment or have been subject to sepazation by lay-off or compulsory retirement. Those employees who aze discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. (3) The employee must have at least ten (10) yeazs of consecutive service under the cIassified or unclassified Civil Service at the time of sepazation. For the purpose of this Article, service requirements for severance eligibility wilt not include years of service with School District #625 for employees hired by the City, or transfeaed to the City after December 31, 1998. (4) The empioyee must file a waiver of re-employment with the D'uector of Human Resources, which wili clearly indicate that by requesting severance pay, the employee waives al1 claims to reinstatement or re-employment (of any type), with the City. (5) The employee must have accumnlated a minimum of sixty (60) days of sick leave credits at the time of his/her sepazation from service. S 113 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 sepazarion for each day of accrued sick Ieave subject to a m�imum of 200 accrued sick leave days. 11.4 The maximum amount of money that any employee may obtain ihrough this severance pay program is $6,500. 11.5 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, and if at the time of his or her death, the employee would have met all of the requirements set forth above, payment of the severance pay may be made to the empioyee's estate or spouse. 1 t.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 considered a separarion of employment, and such transferee shall be eligible for the City severance program. r7 L� ARTICLE 11 - SEVERA.NCE PAY (Continued) ll.7 The manner of payment of such severance pay shail be made in accordance with the provisions of City Ordinance No. 11490. � 11.8 This severance pay program shall be subject to and govemed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this articie conflict with said ordinance and in such cases, the provisions of this article shall control. 11.9 The provisions of this azticle shall be effective as of December 24, 1983. 11.10 Any employee hired prior to December 31, 1983 may, in any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this article or the ordinance shall constitute a baz to receiving severance pay from the other. Any employee hired after December 31, 1983 shall only be entitled to the benefits of this articie upon meeting the qualifications herein. I I.I I Articies 11.12 through I 1.18 shall apply only to employees appointed after June 26, 1990. 11.12 The Employer shall provide a severance pay program as set forth in Articles 11.13 through I 1.20. 11.13 To be eligible for the severance pay program, an employee must meet the following requirements. (1) The employee must be voluntazily separated from the City employment or have been subject to separation by layoff or compulsory retirement. Those employees who aze diseharged for cause, � misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligible for the city severance pay program. (2) The employee must file a waiver of re-employment with the Human Resources Director, which will cleazly indicate that by requesting severance gay, the employee waives all claims to reinstatement or re-employment (of any rype), with the City. (3) The employee must have an accumulated balance of at least eighry (80) days of sick leave credits at the time of his separation from the service. • 9 ARTICLE 11 - SEVERANCE PAY (Continued� 11.14 If an employee requests severance pay and if the employee meets the eligibility requirements set forth abave, he or she will be granted severance pay in an amount equal to one-half of the daily rnte of pay for � the position held by the employee on the date of separation for each day of accrued sick leave subject to� a m�imum as shown below based on the number of yeazs of service in the City. Yeazs of Service with the Citv Maximum Severance Pav At Least 20 21 22 23 24 25 $ 5,000 $ 6,000 $ 7,000 $ 8,000 $ 9,000 $10,000 1 I.I S For the purpose of this severance program, a death of an emp2oyee shail be considered as sepazation of employment and if the employee would have met all of the requirements set forth above, at the time of his/her death, payxnent of the severance pay shall be made to the employee's estate or spouse. 11.16 For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent SchooI District No. 625 employment is considered a separation of empioyment, and such transferee shall be etigible for the City severance program. 11.17 The manner of payment of such severance pay shall be made in accordance with the provision of the � City's Severance Pay Ordinance. 11.18 This severance pay program shai2 be subject to and governed by the provisions of the City's Severance Pay Ordinance except in those cases where the specific provisions of this Article conflict with said Ordinance and in such cases, the provisions of this Articie shall control. 1119 Notwithstanding Article 11.11, employees appointed prior to June 26, 1990 to a titIe covered by this Agreement who meet the qualifications as defined by the qaatifications as defined in Articles 11.13 and 11.14 may elect to draw severance pay under the provisions of 11. ] 4. However, an election by an employee to draw severance pay under Article 11.14 shall constitute a bar to drawing severance pay under any other provisions set forth in this Article 11. 1 L20 Employees appointed after 3une 26, 1990, to a ritle covered by this Agreemer�t shall not be eligible for any severance pay plan other than the provisions set forth in Articles 11.11 through 11.19. 10 C� aacii�.i.r, �l - t�11'Y MILEAGE 12.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative ' Code, as amended, pertaining to reimbursement of City o�cers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. • 12.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization &om the Departtnent Head. Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shail be rennbursed at the rate of $4.00 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 $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and ihe department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. 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 $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. • If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. 12.3 The City will provide pazking at the Civic Center Pazking Ramp for City employees on either of the above mentioned types of reimbursement plans who aze required to have their personal car available for City business. Such pazking will be provided only for the days the employee is required to have his or her own personal caz available. 12.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients 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 fiu�ther 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 additionai insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the city cierk. • il ARTICLE 13 - RESIDENCY 13.1 Tlxe Residency Resolution effective August 4, 1979, in Council File No. 273378 shall apply to all employees covered by this AgreemenY. ARTICLE 14 - WORKING OUT OF CLASSIFICATION • 14.1 Employer shall avoid, whenever possible, working an employee on an out-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifteen (15) working days shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16th) day of such assignment. For the purpose of this Article, an out-of-class assignment is defined as an assignment of an employee to perform, on a full time basis, all of the significant duties and responsibilities of a position different from the empioyee's regulaz position, and which is in a classification higher than the classification held by such employee. The rate of pay for an approved out-of-class assignment shaIl be the same rate the employee would receive if such empIoyee received a regulaz appointment to the higher classification. ARTICLE 15 - DISCIPLINE 15. i The Employer wili disciptine employees for just cause only. Discipline will be in the form of: (1) Oral reprimand; (2) Written reprimand; (3) Suspension; (4) Reduction; (5) Discharge 15.2 A notice in writing of Suspensions, Reductions and Dischazges shall be sent to the employee and the union seventy-two (72) hours after such action is taken. 153 EmpIoyees and the Union will receive copies of written reprimands and notices of suspension and dischazge. • 15.4 Emp2oyees may examine atl information in the Employer personnet file that concerns work evaluations, commendations and/or disciplinary actions. Files may be examined at reasonable times under the d'uect supervision of the Employer. 1 S.5 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or Union may request, and shall be entitled to a meeting with the Employer representative who initiated the suspension with intent to dischatge. During said five (5) day period, the Employer may affirm the suspension and dischazge in accordance with Civil Service Rules or may modify, or withdraw same. 15.6 An employee to be questioned conceming an investigation or discipiinary action sha11 have the right to request that a Union representative be present. • 12 ARTICLE 15 - DISCIPLINE (Continued) 15.7 Grievances relating to this Article shall be processed in accordance with existing Civil Service • procedures, except that oral and written reprimands shall be taken up in the grievance procedure under Article 19 (Grievance Procedure). ARTICLE 16 - INSURANCE Active Employee Insurance 16.1 The insurance plans, premiums for coverages and benefits contained in the insurance plans offered by the Emgioyer shall be solely controlled by the contracts negotiated by the Employer and the benefit providers. The Employer will attempt to prevent any changes in the benefits offered by ihe benefit providers. However, the employees selectang the offered plans agree to accept any changes in benefits which a specific provider implements. 16.2 For the purpose of this Article, full-time employment is defined as appearing on the payroll an average of at least 32 hours per week for the twelve (12) month period preceding the annua] open enrollment or special enrollments, or for the six {6) month period preceding initial enrollment. Three-quarter time employment is defined as appearing on the payroll an average of at least 26 hours per week, but less than 32 hours per week, for ihe twelve (12) month period preceding the annual open enrollment or special enrollments, or for the six (6) month period preceding initial enrollment. Half-time employment is defined as appearing on the payroli at least 20 hours per week, but less than • 26 hours per week, for the twelve (12) month period preceding the annual open enrollment or special enrollments or foi the six (6) month period preceding the initial enrollment. 163 For each eligible employee covered by this Agreement who is employed half-time and who selects employee health insurance coverage, the Employer agrees to contribute fifty percent (50%) of the amount contributed for full-time employees selecting employee coverage in the same insurance plan. For each half-time employee who selects family health insurance coverage, the Employer agrees to contribute fifty percent (50%) of the amount contributed for full-time employees selecting family health insurance coverage in the same insurance plan. For each eligible employee covered by this Agreement who is empioyed three-quarter time and who selects employee health insurance coverage, the EMPLOYER agrees to contribute seventy-five (75%) of the amount contributed for full-time employees selecting empioyee coverage. For each three-quarter time employee who selects family health insurance coverage, the Employer agrees to contribute seventy- five percent (75%) of the amount contributed for full-tnne empioyees selecting family heaith insurance coverage. 16.4 Effective 3anuary 1, 1999, 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 the least expensive employee insurance offered by the Employer. For each eligible fu11-time employee who selects family health insurance coverage, the Employer will contribute the cost of such • family coverage or $364.15 per month, whichever is less. 13 ARTICLE 16 - INSURAN�E (Continued} 16.5 Effective January t, 2000, for each eligibte empioyee cavered by ttus Agreement who is employed futl- time and who selects employee health insurance coverage, the Employer agrees to contribute the cost of the least expensive premium for employee health insurance offered by the Employer. For each eligible full-tnne employee who selects family health insurance coverage, the Employer's contribution towazd . family insurance coverage shown above in Article 16.4 shall be adjusted to reflect an increase in an amount equal to the full increase of the single premium. Tlie 1999 contriburion is $364.15. 16.6 Notwithstanding Article 163, eligible employees covered by this Agreement and employed half-time prior to January 1, 1986, shall receive the same insurance contributions as a fiill-time employee, This Article, 16.6, applies only to eligible emptoyees who were emptoyed half-time during the month of December, 19&5, and shall continue to apply only as long as such employee remains continuously employed half-time. Retiree Insurance 16.7 Employees who retire must meet the following conc3itions at the time of retirement in order to be eligible for the Employer contributions, listed in Sections 16.8 through 16.11 below, towazd a health insurance plan offered by the Employer: (1) Be receiving benefits from a pubtic employee retirement act at the time of retirement, and (2) Have severed his/her relationship with the City of Saint Paul for reasons other than misconduct, and (3) Have completed at least 20 yeazs with the City of St. Paul. (4) Service requirements for retiree health insurance eligibility will not include yeazs of service with Schoo2 District #625 for employees hired by the City, or transfened to the City, after December 31, 1998. Early Rerirees 16.8 This Secrion shatl apply to full time employees who: (1) Retire on or after January 1, 1996, and (2) Were appointed on or before December 31, 1995, and (3) Have not attained age 65 at retirement, and (4) Meet the terms set forth in Section 16.7 above, and (5) Select a health insurance plan offered by the Employer . Until such employees reach sia�ty-five (65} yeazs of age, the Employer agrees that for retirees selecting single coverage, the Employer wiIl provide the same contribution as is provided for acrive employees selecting single coverage under this Agreement. This amottnt, however, shall not exceed $350.00 per month. For emptoyees selecting family health insurance coverage, the Employer will contribute $350 per month toward the premium for family health insurance coverage. Any unused portion of the Employer's conuibution shall not be paid to the retiree. When such early refiree attains age 65, the provisions of Secrion 16.10 shatl app2y. 14 • ARTICLE 16 - INSURANCE (Continued) 16.9 This Section shall apply to fuli time employees who: • (1) Retire on or after January 1, 1996, and (2) �'ere appointed on or after January 1, 1996, and (3) Have not attained age 65 at retirement, and (4) Meet the conditions set forth in Section 16.7 above, and (5) Select a health insurance pian offered by the Bmployer. Until such retirees reach si�y-five (65) yeazs of age, the Employer agrees to contribute a maximum of $300.00 per month towazd the cost of single or family health insurance coverage. Any unused portion shall not be paid to the retiree. When such early retiree attains age 65, the provisions of Section 16.11 shall appiy. Regular Retirees (Age 65 and over) 16.10 This Section shall apply to full time employees who: (1) Retire on or after January 1, 1996, and (Z) Were appointed on or before December 31, 1995, and (3) Have attained age 65 at retirement, and (4) Meet the terms set forth in Section 16.7 above, and (5) Select a health insurance plan offered by the Employer The Employer agrees to contribute a maYimum of $350.00 per month toward the premium for single or family health insurance coverage offered by the Employer to regular retirees and their dependents. Any . unused portion of the Employer's contribution shall not be paid to the retiree. This Section shall also apply to early retirees who retired under the provisions of Section 16.8 when such early retirees attain age 65. 16.11 This Section shall apply to full time employees who: (1) Retire on or after January 1, 1996, and (2) Were appointed on or after January 1, 1996, and (3) Have attained age 65 at retirement, and (4) Meet the terms set forth in Sections 16.7 above, and (5) Select a health insurance plan offered by the Employer The Employer agrees to contribute a maximutn of $300.00 per month toward the cost of single or family health insurance coverage offered to regulaz retirees and their dependents. Any unused portion shall not be paid to the retiree. This Section shall also apply to eazly retirees who retired under the provisions of Section 16.9 when such early retirees attain age 65. ` J 15 ARTICLE 16 - INSURANCE (Continued) 26.12 If an employee does not meet the condition of Section 16.7(3), bnt has completed at least ten (10) year of - service with the City, he/she may purchase single or family heaith insurance coverage through the Employer's insurance program. The totaI cost of such insurance coverage shall be paid by the retiree. • 16.13 A retiree may not cany hislher spouse as a dependent if such spouse is also a City retiree or City employee and eligible for and is enrolled in the City's health insurance program. I6.14 For each eIigible empIoyee the Employer agrees to contribute the cost $20,000 of life insurance coverage. I 6.15 Any cost of any premium for any Ciiy-offered empioyee or family insurance coverage in excess of the dollaz amounts stated in this Article 16 shall be paid by the employee. 16.16 The Employer will provide a system whereby the employee's contribution towazd the premiums for the employee's selected health insurance coverages can be paid on a pre-tas basis. Employees covered by the Agreement will be eligible to participate in the Flexible Spending Account as offered by the Employer. The service fee chazged to participating employees shall be paid by the employee. 16.17 Employees covered by this Agreement shail be eligible to participate in the Dependent Care Reimbursement Account offered by the Employer. The service fee charged to participating employees shall be paid by the Employer. 16.18 The contributions indicated in this Articte 16 shati be paid to the Employer s Third Party Administrator. Survivor Insurance 16.19 The surviving spouse of an employee carrying family coverage at the time of his/her death due to a job connected injury or illness which was determined to have arisen out of and in the course of his/her employment under worker's compensation law shalt continue to be eligible for city contribution in the same proportions as is provided for retired employees In the event of the death of an eazly retiree or a regulaz retiree, the dependents of the retiree shall have the option, w�ithin thircy (30) days, to continue the current hospitalization and medical benefits which said dependents previousty had, at the premium and Employer contribution accorded to the eligible deceased retiree. It is further understood that coverage shall cease in the event of: (1) Subsequent remarriage of the sarviving spouse of the deceased employee or retiree. (2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employmenY. r1 LJ 16 ARTICLE 17 - HOLIDAYS . 17.1 Holiday recognized and observed. The following days shali be recognized and observed as paid holidays: • New Yeazs Day - January 1 Martin Luther King Day - 3rd Monday of 3anuary Presidents' Day - 3rd Monday of February Memorial Day - The last Monday of May Independence Day - July 4 Labor Day - 1 st Monday of September Veterans' Day - November 11 Thanksgiving Day - 4th Thursday of November The Day A$er Thanksgiving 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. 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. For those employees assigned to a work week other than Monday through Friday, the holiday shall be observed on the calendaz date of the holiday. ] 7.2 The floating holidays set forth in Section 17.1 above may be taken at any time during tlae contract yeaz, subject to the approval of the Department Head of any employee. • 173 Eligibility Requirements In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an employee's name must 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. l 7.4 If an employee entitled to a holiday is required to work on Martin Luther King Day, Presidents' Day, Veterans' Day or the Day after Thanksgiving he/she shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department permits, or he/she shall be paid on a straight time basis for such hours worked, in addition to his/her regular holiday pay. Employees assigned to a twelve (12) hour shift shall have holiday overtime using a twelve (12) hour value. If an employee entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, he/she shail 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/her regulaz holiday pay. Employees assigned to a twelve (12) hour shift shall have holiday overtime using a twelve (12) hour value. • 17 ARTICLE 18 - VACATION 18.1 Vacation credits shall accumulate at the rates shown below for each full hour on the payroll, excluding overtime. Yeazs of Service .0385 (10 days) .0616 (16 days) .0731 (19 days) .0885 (23 days) .1000 (26 days) Hours of Vacation 1 st yeaz thru 4th year Sth yeaz thru 9th yeaz l Oth yeaz thru 15th year 16th yeaz thru 23rd yeaz 24th year and thereafter 18.2 The head of the department may permit an empioyee to cazry over into the °vacation yeaz" up to one-hundred twenty (120) hours of vacation. For the purpose of ttus article the 'bacation year" shall be the fiscal yeaz (IRS payroll reporting year). 18.3 The above provisions of vacation shail be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Sub. H. • 18.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he/she may convert any part of such excess of vacation at tke rate of one-hatf day's vacarion for each day of sick leave credit. The maximtun number of days' vacation allowed by the conversion of sick leave credits shall be no more than five days in any one "vacation yeaz". • ARTICLE 19 - GRIEVANCE PROCEDURE 19.1 The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bazganring unit. The Union shall notify the Empioyer in writing of the names of the Stewazds and of their successors when so named. 192 It is recognized and accepted by the Fsnployer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities ofthe employees and shall therefore be accomplished during working hours only when consistent with such employee duYies and responsibiliries. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processe@ dezring working hours, provided, the Steward and the employee have norified and received the approval of their supervisor to be absent to process a grievance and that such absence wouid not be detrimenial to the work progams of the Employer. 18 • ARTICLE 19 - GRIEVANCE PROCEDURE (Continued) - 19.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of discipiinary action as provided by Article 15, for the processing of grievances, which aze defined as an � alieged violation of the terms and conditions of this Agreement. Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an aileged violation of this Agreement, the employee involved shali attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and 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 alieged violation of the Agreement not reduced to writing by the Union within fourteen (14) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence shouid have had knowiedge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendaz days after receiving the written grievance a designated Employer supervisor shall meet with the Union Stewazd and attempt t4 resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendaz days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendaz days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendaz days following receipt of the Employer's answer shall be considered waived. • Step 3. Within seven (7) calendaz 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 Empioyer 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) calendaz days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendaz days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The azbitration proceedings shall be conducted by an azbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendaz days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either parry 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 shail 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 azbitrator. • 19 ARTICLE 19 - GRIEVANCE PROCEDURE (Conrinued) 19.4 The arbitrator shall have no right to aruend, modify, nullify, ignore, add to, or subtract from the • provisions of this Agreement. The azbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shali have no authority to make a decision on any other � issue not so submitted. The azbitrator shall be witliout power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitratoi 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 shali be based solely on the azbitrator'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. 19.5 The fees and expenses for the azbitrator's services and proceedings shall be bome equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 19.6 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. 19J It is understood by the Union and the Employer that a grievance may be determined by either the grievance procedwe of this contract or by the provisions of the Civil Service Rules ofthe 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 azbitration under this grievance procedure. ARTICLE 20 - WAGE SCHEDULE 20.1 The wage schedule for purposes of this contract shail be Appendix A attached hereto. The basic hourly wage rates in Appendix A reflect the foltowing increases: 1999 Effective O1/02/99 2.0% Effective 06/19/99 0.5% 2000 Effective O]/l/2000 3.0% Retroactive pay adjustments shall apply to all employees of the bazgaining unit except those who have been terminated for cause. • 20 ARTICLE 21 - STRIKES, LOCKOUTS, WORK INTERFERENCE 21.1 The Union and the Employer agree that there shall be no strikes, work stoppages, slow-downs,.sit- � downs, stay-ins, or other concerted interference with the Employer's business or affairs by said Union . and/or the members thereof, and there shali be no bannering during the existence of this Agreement without first using all possible means of peaceful settlement of any controversy which may arise. ARTICLE 22 - NON-DISCRIMINATION 22.1 The terms and conditions of this Agreement will be applied to employees equally without regard to, or discrimmation for or against, any individual because of race, color, creed, sex, age, or because of membership or non-membership in the Union. 22.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 23 - SAFETY SHOES, UNIFORMS 23.1 The Employer agrees to pay $50.00 per yeaz toward the cost or repair of a pair of safety shoes purchased by an employee who is a member of this unit. The Employer shall contribute towazd the cost of one pair of shoes per contract year and shall not be responsibie for any additional cost for any additional shoes thereafter. The contribution shall be accumulative from yeaz to year, beginning in 1997, to a maximum benefit of $150.00 should an employee not utilize the benefit during a calendaz yeaz. This � reimbursement shall be made only after investigation and approval by the immediate supervisor of that employee. The Employer contribution shall apply only to those employees who are required by the Employer to wear protective shoes or boots. 23.2 The Employer will initially provide each employee working in the Water Treatment Plant who is required to wear a specified uniform with five (5) uniforms. The uniform will consist of five pairs of trousers, five long-sleeved shirts, and five short-sleeved shirts. Coverails can be substituted for a shirt and a trouser. In subsequent years, the Employer agrees to provide a uniform allowance of up to $100 per calendar year toward the cost of replacing uniforms. Employees must provide proof of uniform purchase to be reimbursed. Employees aze responsible for care and upkeep of the uniform. � 21 ARTICLE 24 - TERMS OF AGREEMENT 24.1 Complete Agreement and Waiver of Bargaining - T'his Agreement shali represent the complete • Agreement between the Union and the Employer. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make requests and � proposals with respect to any subject or matter not removed by law from the azea of collective bazgaining, and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opportunity aze set forth in this Agreement. Therefore, the Employer and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bazgain collectively with respect to any subject or matter referred to or covered in this Agreement. 24.2 Savings Clause - 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 fina� judgmeni 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. 24.3 Terms of Agreement - Except as herein provided, this Agreement shall be effective as of tiie date it is executed by the parties and shall continue in full force and effect thru the 31 st day of December, 2000, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend, or modify this Agreement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1984. In witness thereof the parties have caused this Agreement to be executed this �� day of Mazch 1999. � . 22 ARTICLE 24 - TERMS OF AGREEMENT • 24.4 This constitutes a tentative Agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Admiuistration of the City, the City Council, and is also subject to ratification by the Union. WITNESSES: CITY OF SAINT PAUL ��9'l�� 3— f 4'— 9 � M . Kearne Date Labor Relations Director • INTERNATIONAL LTNION OF OPERATING ENGINEERS, LOC N0. 70 � = �' 3�/ . , Business Manager Date � �� h-.Y�Y�GL6N�n �� President Date i G v J'G�!� �'L��7 t�L�. �%/-/ � Recording Secretary Date l= ��j Business 'epresentat` e Date ��,,.�.v. �rd- ��° a0aa /Q t Negotiating Committee Date Date Date Z��/� Committee Date �Gc!!��`"� ��P� � Negotiating Committee Date -� 1 / Neg iating Committee D te 23 APPENDIX A - WAGES • � • The wage rates and salary ranges for classifications in this unit aze as follows: Effecrive Effective Effective 1/02/99 6/19/99 1/1/2000 2.0% .5°/a 3.0% Building Maintenance Engineer First 6 months 19.46 14.56 20.15 After 6 months 19.46 19.56 20.15 Chief Operating Engineer- Civic Center First 6 months 21.05 21.16 21.79 After 6 months 21.91 22.02 22.68 Custodian-Engineer I First 6 months 16.93 17.01 17.52 After 6 months 17.69 17.78 1831 Modified Duty Worker Custodian Eng I. First 6 months 16.93 17.01 17.52 After 6 months 17.69 17.78 1831 Custodian-Engineer I - Library First 6 months 16.93 17.01 17.52 ARer 6 months 17.69 17.78 1831 Custodian-Engineer I - Public Safety First 6 months 16.93 17.01 17.52 After 6 months 17.69 17.78 1831 -Al- Appendix A(Continued) Effecfive Effective Effective 1/02/99 6/19/99 1f01/2000 2.0% .5% 3.0% Custodian-Engineer II First 6 months 1731 17.40 17.92 After 6 months 18.29 1838 18.93 Custodian-Engineer II - Library First 6 months 1731 17.40 17.92 After 6 months 18.29 1838 18.93 Custodian-Engineer III First 6 months 18.62 18.71 19.27 After 6 months 19.60 19.70 20.29 Custodian-Engineer III -Library First 6 months 18.62 1$.71 19.27 After 6 months 19.60 19.70 2029 *Filter Plant Operator I First 6 months 1831 18.40 18.95 After 6 months 19.05 19.15 19.72 House Custodian II First 6 months 12.88 12.94 1333 After 6 months 12.88 12.94 1333 Chemical Feed System Repairer First 6 months 19.93 20.03 20.63 After 6 months 20.72 20.82 21.44 r� L • C� S`� • • \J Appendix A(Continued) Effective Effective Effective 1/02/99 6/19/99 1/Ol/2000 2.0% .5% 3.0% Maintenance Worker First 6 months 18.71 18.80 19.36 After 6 months 19.43 19.53 20.12 Operating Engineer First 6 months 1939 19.49 20.07 After 6 months 20.18 20.28 20.89 Operating Engineer - Civic Center First 6 months 1939 19.49 20.07 After 6 months 20.18 20.28 20.89 Pumping Engineer II First 6 months 1939 19.49 20.07 After 6 months 20.18 20.28 20.89 Pumping Engineer III First 6 months 21.05 21.16 21.79 After 6 months 21.91 22.02 22.68 Sewer Pumping Station Operator First 6 months 20.24 2034 20.95 After 6 months 20.99 21.09 21.72 -A3- Appendix A(Continued) Effective Effective Effective 1/02/99 6/19/99 1/O1/2000 2.0% .5% 3.0% Supervisory Stationary Engineer First 6 months 19.25 1935 19.93 After 6 months 20.00 20.10 20.70 Trainee (Custodian-Engineer) First 6 months 9.12 9.17 9.45 After 6 months 9.42 9.47 9.75 Water Plant Aide First 6 months 16.94 17.02 17.53 After 6 months 17.72 17.81 1834 Water Plant Operator I First 6 months 18.62 18.71 19.27 After 6 months 19.35 19.45 20.03 Water Treatment Plant Operator II First 6 months 19.39 19.49 20.07 After 6 months 20.18 20.28 20.89 Custodian Start 14.80 14.87 1532 After 6 months 15.23 1531 15.77 After 1 yeaz 15.48 15.56 16.03 After 2 yeazs 15.96 16.04 16.52 • C , J • -A4- • � � Appendix A(Continued) Effective Effective Effective 1/02/99 6/19/99 1/Ol/2000 2.0% .5% 3.0% Modified Duty Worker - Custodian Start 14.80 14.87 1532 After 6 months 15.23 1531 15.77 After 1 yeaz 15.48 15.56 16.03 After 2 yeazs 15.96 1b.04 16.52 Custodial Worker Start 13.17 13.24 13.64 Afier 6 months 13.57 13.64 14.05 After 1 year 13.86 13.93 1435 After 2 years 14.34 14.41 14.84 Park Ranger 0-500 hours 8.87 8.91 9.18 501-1000 hours 939 9.44 9.72 1001-1500 hours 9.93 9.98 10.28 1501+ hours 10.68 10.73 I 1.05 Modified Duty Worker - Pazk Ranger 0-500 hours 8.87 8.91 9.18 501-1000 hours 939 9.44 9.72 1001-1500 hours 9.93 9.98 10.28 1501+ hours 10.68 10.73 11.05 S�� Appendix A(Continued) Effective Effective Effective 1/02/99 6/19l99 1/Ol/2000 2.0% .5% 3.0% Police Pazk Ranger Start 8.87 8.91 9.18 After 6 months 10.28 1033 10.64 After 1 year 10.68 10.73 11.05 After 2 years 11.2Q 11.26 11.60 After 4 yeazs 11.75 11.81 12.16 After 5 yeazs 12.14 12.20 12.57 After 10 yeazs 12.94 13.00 13.39 Custodian (Light Duty) A B C (1} (2) (3) O1/02/99 810.43 837.41 864.43 06/19/99 814.48 841.60 868.75 Oi/01/2000 838.91 866.85 894.81 Securitv Officer Modified Duty Worker - Security Officer D E F 10-yr. (4) (5) (6) (7) 892.49 924.02 955.44 475.74 896.95 928.64 960.22 980.62 923.86 956.50 989.03 1010.04 I S-yr. (8) 997.04 lOQ2.03 1032.09 A B C D E F 10-yr. 15-yr. ( (z) (3) ( ( ( (�) ( Ol/02/99 997.67 1038.06 1075.27 1115.71 1159.22 1207.35 1232.13 1263.I9 06/19/99 1002.66 1043.25 1080.65 1121.29 1165.02 121339 1238.29 1269.51 O l/O l/2000 1032.74 1074.55 1113.07 1154.93 1199.97 1249.79 1275.44 13 07.60 Security Officer - Water Utility . • C� A B C D E F 10-yr. 15-yr. �1) (z) �3) �4) (5) �6) ��) (g) O l/02/99 1049.19 1083.04 1118.16 115 5.94 1196.70 1241.98 1273 .26 13 01.62 06/19/99 1054.44 1088.46 1123.75 1161.72 1202.68 1248.19 1279.63 1308.13 Ol/Ol /2000 1086.07 1121.11 1157.46 1196.57 1238.76 1285.64 1318.02 1347.37 • -A6- a Appendix A (Confinued) " Personnel hired for employment with the City after the date of the signing of this agreement, to a class listed in ARTICLE 1 above, shall be compensated at the "0 - 6 months" hourly wage rate during their . probationary period. After completion of the probationary period the employee shall be paid at the "after 6 months" hourly wage rate. Employees promoted from any class listed in ARTICLE 1 above to any class listed in ARTICLE 1 above shall receive the "after 6 months" houriy wage rate. Temporary empioyees shali be paid the minimum rate indicated in this APPENDIX for the classification in which they are employed. • • s�e � APPENDIX B- COMO PARK CONSERVATORY/ZOO LAYOFFS • Notwithstanding ARTICLE 5.3 of this Agreement, in the event it is determined by the EMPLOYER that it is necessary to reduce the work force at the Como Park Conservatory/Zoo work stafion, employees will be laid off based on the inverse order in which their names appear in this Appendix B, regazdless of the classification indicated following their name. Appendix B will only apply to the named employees herein as long as they remain continuously employed in the classificafion indicated and at the Como Park Conservatory/Zoo work station. In the event an employee's classification or work station is changed, this Appendix B will no longer be applicable to such employees. EMPLOYEE Otimo Vasquez Edwazd Erichsen Thomas Stellwag Kenneth Reding Dennis Hermann � C J CLASSIFICATION Custodian-Engineer II Custodian-Engineer II Operating Engineer Operating Engineer Operating Engineer This Appendix B will sunset when the last Custodian-Engineer II leaves the Como Pazk Conservatory/Zoo work station. '�