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99-484O I��V��rl� RESOLUTION OF SAINT PAUL, MINNESOTA Presented Refened To Council File # �q —4g�{ Green Sheet # 63938 Committee Date 2 3 C] RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached January l, 1998 through December 31, 1999 Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul Fire Supervisory Association. ° Yeas Na s Absent Benanav p / Blakey � Bostrom ✓ Coleman � Hams � Lantry � Reiter / Adopted by Council: Date Adoption Ce ' by Council _ / By: --�� —` Approved by May � Date �� Z U��f� � Requested by Department of. Office of Labor Relations By: �� ' � L ' — d � 7 `��"`� �c Form Ap oved Attomey B ��a/�`°� 6 f ► �� Approved by Mayor for Submission to Council By: �✓r � aq -�,r�{ ATTACHIvIENT TO TI� GREEN SHEET The Saint Paul Fire Supervisory Association Below is a summary of the changes in the Collective Bazgaiuing Agreement between the City and the Saint Paul Fire Supervisory Association. The new contract is for the period of January 1, 1998 through December 31, 1999. Wages: 1998: 2.6% (Splits*: 01l98 23%; 07l48 03%) 1999: 2.5% (Splits: Ol/99 2.0%; 07/99 0.5%) * Wage implementation dates Health Insurance: )9q9 ; -�99&: Single $285.00 per month Family $378.82 per month aooc : �J9: Single $275.00 per month Family $397.11 per month The single contribufion is reduced by $25.00 over 1998 and 1999. This means the unused benefit dollar amount retumed to employees at the end of the year has decreased, this helps accomplish the Ciry's goal of paying benefit dollars for benefits. Regarding family coverage, other units have settled at $368.82 + 50%. Since premiums dropped this means no increase for them. Since the Saint Paul Fire Supervisory Association lowered the single amount by $25.00 the City gave a dollar amount of $10.00 to family coverage. The Fire Supervisory Association also agreed to a reduction in the married couple rule. This rule applies only to Fire Supervisory Association, Firefighters Loca121 and Police. When both spouses are employed by the City, one takes coverage, the other gets the full $300.00 per month back at the end of the year. Now the spouse with no coverage will receive back only the actual amount of the single contribution, since the City would have to putchase this from the insurance company anyway. The Association reduction conesponds with the reduction negofiated by a11 of the above named bargaiuing units. �q -'�.8'`� Attachment to the Crreen Sheet The Saint Paul Pire Supervisory Association Page 2 Tour of Duty Holiday: One tour of duty day is added only for employee titles within the Dishict Chief category in Appendi� B. The additional day is effective in 1999. Elimination of Administrative Fee: The Saint Paul Fire Supervisory Association and the City agreed to eliminate the aduiinistrative fee of $0.50 per month. Costs: Wages Health Insurance 1998 $39,532.88 1999 $34,211.14 $2,153.76 $0.00 $3,574.80 $96.00 $40,035.70 $720.00 Amend Married Couple Rule Tour of Duty Holiday Elimination of Adm Fee Total: $ $40,252.88 Language Changes (summary) The contract includes other changes to contract language which are housekeeping in nature. DEPARTMENT/OFFiCE/COUNCII.: DATE INITIATED GREEN SHEET No.: 63938 \•� `v � LABOR RELATIONS CONTACI' PERSON & PFIONE: � �NiTG�LDn7'E �Nfi7AUDAh JLJLIE KRAUS 266-6513 p�IGN 1 DEPARTMEN'C DI . k#< 4 CITY COUNCIL NUMBER 2 CI"I'Y ATIORNEY �(� \ CITY CLERK MUST BE ON COUNCII. AGENAA BY (DA1"E� FOR BUIXiEI' DIR. � jir FIN. & MGT. SERVICE DIR ROIJTING 3 MAYOR (OR ASST.) f _ � � � � ORDER l0 TOTAL # OF SIGNA'1'URE PAGE9 I (CLIP AI.L LOCATIONS FOR SIGNATURE) ncrcox �QuFSren: This resolution approves the attached January 1, 199$ — December 31, 1999 Collecrive Bazgaining Agreement between the City of Saint Paul and the Saint Paul Fire Supervisory Association. RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONCRACI�S MUST ANSW ER THE FOLLOWING QUESTIONS: PLANNING COMMISSION _CML SERVICE COMMISSION I. Has ihis person/ficm ever workeA under a contract for ihis deparlmenY! CIB COhfMITTEE Yes No STAFF 2. Has [his person/firtn ever been a city employee? DISTRiCT COURT Yu No SUPPORTS WHICH COUNCIL OBJECTIVE? 3. Does this person/firm possess a skill not nortnalty possessed by any curtent city employeel Yu No Ezplain all yes answers on separah sheet and attach to grcen shcet ' INITIATWG PROBLEM, ISSUE, OPPORT[JNT['Y (Who, Wha4w'hen, W6ere, Why): � nnvnrrrncES tF nrrxovEn: An Agreement in place through December 31, 1999. DISADVANTAGES IFAPPROVED: NOI10 � nrsnuvarrrncES iF xoT nrrxovEV: The relationship between this unit and the City would be strained. This unit would be on an unequal footing with other Public Safety Units. TOTAL AMOUNT OF TRANSACTION: $ COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVITY NUMBER: F'INANCIAL INFORMATION: (EXPLAII� C(sU€�'-� �gS�.?=.t^�`;'+.�.+�ii:-' JU6d � � 1��9 � _ :�5 `�� 199�= i99Q ` _ - - � � � � � A�REE1t�NT' �� _ , = bet�veeu � � � � � , � �. �-- _� ,�y _�°. - � " THE C�T'Y {��',SA�NT PAUi� X�� - � � anx�.�= - _ , - . { - � � E 'T�IE S��l'�T.FAUL� F� S�JPERViSOR� ASSOC�2��I�l�i �z � - � _ � �� - _ d . � ARTICLE TITLE �7�[e7�, 1 Purpose ..........................................................1 2 Definitions .......................................................1 3 Recognition ......................................................2 4 Security .........................................................3 5 Empioyer Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Grievance Procedure ...............................................3 7 Savings Clause ....................................................6 8 Uniform Allowance ................................................6 9 LegalServices ....................................................7 10 Seniority .........................................................7 11 12 13 14 • 15 q4-y�y Ca1lBack ............................. Insurance ............................. Vacation .............................. Holidays .............................. Sick Leave and Parental Leave . . . . . . . . . . . . ..........................7 ..........................8 .........................il .........................12 .........................13 16 Severance Pay ...................................................13 17 Wages ..........................................................15 18 Residence .......................................................t6 19 Incapacitation ....................................................16 20 Drug and AlcoholTesting ..........................................17 21 Overtnne .......................................................20 22 Discipline .......................................................20 23 Position Openings ................................................21 24 City Mileage .....................................................21 25 Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Appendix .............................................. A1 Appendix .............................................. B1 INDEX • � C , J ARTICLE 1- PURPOSE 9 ��y 8 � 1.1 The Employer and the Saint Paul Fire Supervisory Association (SPFSA) agree that the purpose of entering into this Agreement is to: 1.1.1 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of performance that is consistent with the well being of all concemed. 1.1.2 Establish the full and complete understanding of the parties conceming the terms and conditions of this Agreement. 1.1.3 Establish procedures to orderly and peacefully resolve disputes as to the application of interpretation of this Agreement. 1. t.4 Place in written form the paRies' agreement upon terms and conditions of employment for the duration of this Agreement. AIiTICLE 2 - DEFIIITITIONS 2.1 2.2 • 23 2.4 2.5 2.6 2.7 • Association: Saint Paul Fire Supervisory Association (SPFSA) Employer: The City of Saint Paul Association Member: A member of Saint Paul Fire Supervisory Association (SPFSA). Employee: A member of the exclusively recognized bazgaining unit as certified by the State Bureau of Mediation Services in Case No. 78-PR-1056-A dated August 1, 1978. Vacancy: As determined by the department head, a funded position opening in a class specified in Article 3.2. Position: Any specific office, employment or job in the Fire Departrnent in a class specified in Article 3.2. Tour of Duty: A. For a fifty-six (56) hour work week employee: The performance of job duties and acceptance of the responsibilities of a position for a consecutive and uninteaupted twenty-four (24) how period from 8:00 am. on a calendar day to 8:00 a.m. on the following calendar day. B. For a forty (40) hour work week employee: The performance of job duties and acceptance of the responsibilities of a position for a consecutive and uninterrupted eight (8) hour period within a calendar day. 1 ARTICLE 2 - DEF'INITIONS (Coatinued) C. Notwithstanding B above, employees assigned to a forty (40) hour work week may, through mutual agreement with the Employer, work schedu]es other than • schedules limited by B above. Overtime compensation for employees working under such agreements shall be subject to the provisions as set forth by the Fair Labor Standards Act. 2.8 Department: The fire department of the City of Saint Paul as established and amended from time to time pursuant to Section 9A1 of the City Charter. 2.9 Overtime: Work performed by an Employee in excess of the Employee's tour of duty by order of the Employer. 2.10 Overtime Pay: For employees assigned to a fifty-six (56) hour work week, overtime pay, for the purpose of Article 21, will be based on a fifty-six (56) hour work week. For employees assigned to a forty {40) hour work week, overtime pay, for the purpose of Article 21, will be based on a forty (40) hour work week. ARTICLE 3 - RECOGiVITION 3.1 The Employer recognizes the SPFSA as the exclusive representative for the purpose of meeting and negotiating the terms and conditions of employment for supervisory Fire Department personnei. 3.2 Job classes which aze within the bazgaining unit and covered by this Agreement are as • foliows: Assistant Fire Marshal Chief Fire Investigator Deputy Fire Chief District Fire Chief Fire Communications Cluef Fire Dispatch Supervisor Emergency Paramedical Services Chief Emergency Preparedness Coordinator Fire Marshal Fire Training Officer 33 In the event the Employer and the Association are unable to agree as to the inclusion or exclusion of a new or modified job position, the issue shall be submitted to the Bureau of Mediation Services for detPrminaron. • F� 99-y8� ARTICLE 4 - SECURITY 4.1 The Employer shall deduct from the wages of Employees who authorize such a deduction � in writing an amount necessary to cover monthly Association dues and assessmenu. � Such monies shaIl be remitted as directed by the Association. 4.2 The Association may designate Employees from the bazgaining unit to act as stewards and shall inform the Employer in writing of such choice. 4.3 The Association agrees to indemnify aad hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the city as a result of any action taken or not taken by the city under the provisions of this article. ARTICLE 5 - EMPLOYER AUTIiORITY 5.1 The SPFSA recognizes the prerogatives of the Employer to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The prerogatives and authority which the Employer has not officially abridged, delegated or modified by this Agreement aze retained by the Empioyer. 5.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include but aze not limited to, such areas of discretion of policy as the functions and programs of the employer, its overall budget, utilizarion of technology, and organizational structure and selection and direction and number of � personnel. ARTICLE 6 - GRIEVANCE PROCEDURE 6.1 DEFI1vITION OF GRIEVANCE: A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of the Agreement. 6.2 SPFSA REPRESENTATIVES: T'he Employer will recognize representatives designated by the SPFSA as the grievance representatives of the bazgaining unit having the duties and responsibilities established by this Article. The SPFSA shail notify the Employer in writing of the names of such SPFSA representatives and of their successors when so designated. L� 3 ARTICLE 6 - GRIEVANCE PROCEDURE (Continued) 63 PROCESSING OF GRIEVANCE: It is recognized and accepted by the SPFSA and the Employer that the processittg of grievances as hereinafter provided is limited by the job � duties and responsibilities of the Employee and shall therefore be accomplished during normat working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and the SPFSA shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normai working hours provided the Employee and the SPFSA representatives have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimentaI to the work prograni of the Employer. 6.4 PROCEDURE: Grievances, as defined by Section 5.1 shall be resolved in conformance with the following procedure: Sten 1 An Employee claiming a violation conceming the interpretation or application of the Contract shall within twenty-one (21) calendar days after such aileged violation has occurred present such grievance to tfie Employee's supervisor as designated by the Employer. The Employer designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendaz days after receipt. A grievance not resolved in Step 1 and appealed in Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Contract allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not • appealed in writing to Step 2 by the SPFSA within ten (10) calendar days shall be considered waived. St¢A 2 If appealed, the written grievance shail be presented by the SPFSA, and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the SPFSA the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representative's Step 2 answer. Any grievance not appealed in writing to Step 3 by SPFSA within ten (10) calendar days shall be considered waived. Sten 3 If appealed, the written grievance shatt be presented by the SPFSA to, and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the SPFSA the Employer's answer in writing within tea (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed by the SPFSA to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer in Step 3. Any grievance not_appealed in writing to Step 4 by the SPFSA within ten (10) calendar days shatl be considered waived. . 4 � ARTICLE 6- GRIEVANCE PROCEDURE (Continued) ��— 7 � J Oprional Mediation Steg C� If the grievance bas not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendar days, request mediation. If the parties agree that the grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediation Services for the assignment of a mediator. Grievance mediation shall be completed within thirty (30) days of the assignment unless the parties mutually agree to lengthen the time limit. 2. Grievance mediarion is an optional and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance azbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to azbitration shall be delayed for the period of inediation. 3. The grievance mediation process shall be informal. Rules of evidence shall not apply, and no record shall be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and azgument to support their case. The mediator may meet with the parties in joint session or in separate caucuses. • 4. At the request of both parties, the mediator may issue an oral recommendation for settlement. Either party may request that the mediator assess how an azbitrator might rule in this case. 5. The grievant shall be present at the grievance mediation proceeding. If the grievance is resolved, the grievant shall sign a statement agreeing to accept the outcome. Unless the parties agree otherwise, the outcome shall not be precedential. 6. If the grievance is not resolved and is subsequently moved to azbitration, such proceeding shall be de novo. Nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resolution or offers of settlement may be used or referred to during arbitration Stea 4 A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to arbitration subject to the provisions ofthe Public Employment Labor Relations Act of 1971. The selection of azbitrator shall be made in accordance with the 'Rules Goveming the Arbitradon of Grievances" as established by the Public Employment Relations Boazd. • 6.5 ARBITRATOR'S AUTHORI'TY: The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of the Agreement. The azbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the SPFSA, and shali have no authority to make a decision on any other issue not so submitted. 5 -. ARTICLE 6 - GRIEVANCE PROCEDiJRE (Continued) 6.6 The azbitrator shall be without 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 azbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. The decision shali be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. 6.7 The fees and eapenses for the azbitrators' services and proceedings shall be borne equally by the Employer and the SPFSA, provided that each parry shall be responsible for compensating its own representatives and witnesses. If eitfier parry desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the groceedings, the cost shall be shazed equally. 6.8 WAIVER: If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed e�ension thereof, it shall be considered settled on the basis of the Employer's last answer. ff the Employer does not answer a grievance or an appeat thereof wittun the specified time limits, tfie SPFSA may elect to treat the grievance as denied at that step and immediately appeal the grievance to the neact step. The time limit on each step may be extended by mutual written agteement of the employer and the SPFSA in each step. 6.9 RECORI}S: All documents, communications and records dealing with a grievance shall � be filed sepazately from the personnel files of the involved employee(s). ARTICLE 7 - SAVINGS CLAUSE 71 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 tlris Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions shali continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 8 - UNIFORM ALLOWANCE 8.1 The 1972 base of Oae Hundred Twenty Dollars ($120.00) as a clothing allowance on a voucher system will be increased January 1,1974, and each year thereafter on the basis of a yearly study of the increased cost of the defined uniform. The 1972 base cost of the nni form is stipulated and attached as Appendix A. C � [, ARTICLE 8- iINIFORM ALLOWANCE (Continued) 97 �� 8 / ` 82 It is further understood that employees covered by this Agreement shall receive a clothing allowance which is Thirry ($30.00) dollazs greater than that provided by Article 8.1 of • ttus Agreement. ARTICLE 9 - LEGAL SERVICES 9.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the Employer shall defend, save harmless and indemnify an Employee, and/or his/her estate, against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance and scope of the Employee's duties. 9.2 Notwithstanding Article 9.1, the employer shall not be responsible for paying any legat service fee or for providing any legal service arising from any legal action where the employee is the Plaintiff. ARTICLE 10 - SEHIORIT'Y 10.1 Department Seniority: For the purposes of this Agreement seniority shall be defined as the length of continuous and uninterrupted employment in the fire department. 10.2 Loss of Department Seniority: An Employee will lose acquired department seniority in the foliowing instances: 10.2.1 Resignation • 10.2.2 Discharge 10.23 Retirement 103 Work Force Reduction: In the event of a reduction in the department work force, such reduction shall occur in acwrdance with Section 22 of the Civil Service Rules as of the date of the signing of this Agreement. 10.4 Reduction in Rank: Reduction in rank shall be in accordance with the Civil Service Rules as of the date of the signing of this Agreement. (Except as indicated below) 10.4.1 Reduction in rank for periods up to but no more than 30 consecutive catendar days will be by platoon seniority. 10.4.2 Reduction in rank for more than 30 consecutive calendar days shatl be in accordance with the Civil Service Rules as of the date of the signing of this Agreement. ARTICLE 11- CALL BACK 11.1 Employees required by the Employer to report for work during off-duty time will be compensated at the overtime rate in accordance with Article 2.10 of this Agreement. The min;mum payment under this Articie will be four (4) times the Employee's hourly rate. An eazly report of two (2) hours or less, or an extension of a nomially scheduled tour of • duty, shall not qualify an Employee for this �*+;nimum payment. � ARTICLE 12 - INSURANCE 12.1 The insurance plans, premiums for coverages, and benefits contained in the insurance . plans offered by the Employer shall be solely controlled by the contracts negotiated by the Employer and the benefit providers. The Emptoyer will attempt to prevent any • changes in the benefiu offered by the benefit providers. However, the employees selecting the offered plans agree to accept any changes in benefiu which a specific provider implements. 12.2 Eligibility for full-time benefits is defined as appearing on the payroll an average of at least sixty-four (64) hours per biweekly pay period for the twelve (12) month period preceding the annual open enrollment or speciat enrollments of the employment period preceding initial eligibility. 123 Effective Januazy 1, 1998, the Employer will contribute $285.00 per month for health insurance to eligible employees who select singie coverage. Further the Employer will contribute $378.82 per month to eligible employees who select family coverage. 12.4 Effecfive January, 1999, the Employer will contribute $275.00 per month for health insurance to eligible employees who select single coverage. The Employer will contribute $397.11 per month to eligible employees who select family coverage. 12.5 Under the cafeteria plan fuii-time, eligibte employees, must select at 2east single health insurance coverage and employee life insurance in an amount of $5,000. It is understood that these mandatory coverages may not be waived. 12.6 Effective January 1, 1999, each eligibfe employee will purchase an additional $5,000 in � Life Insurance coverage. Accordingly, the Employer will contribute an additional $1.65 per month for life insurance. Thus, the Employer's total contribution to the cafeteria plan is $276.65 per month for employees selecting single coverage and $398.76 per month for empioyees selecting family coverage. 12.7 Any unused portion of the Employer's contribution for which an employee is eligible is defined as unused benefit dollars, not salary, and shall be paid to the employee as taxable income. Such payment will be made during the month of December for the insurance year. For employees who terminate their employment with the City of Saint Paul, such payment shall be made within 90 days foIlowing termination. However, an employee whose spouse is aLso employed by the City of St. Paul and is eligible to participate in the city's health insurance plan will not be required to select the mandatory heaith insurance coverage as long as one of the spouses is participating in the city's health insurance plan with family coverage. The mandatory life insurance coverage continues to apply. In tlus event, only the difference between the cost of the mandatory life insurance and the employer contribution amount for single heaith insurance coverage shall be eligible for payment as unused benefit dollars. Effective 7anuary 1, 1999, the amount eligible for payment as unused benefit dollazs shall be the actual cost of the single health insurance premium, less the cost of the monthly life • insurance premium. f:7 �l �'y84 ARTTCLE 12 - INSURANCE (Continued) 12.8 Under the cafeteria plan, employees covered by this agreement will be eligible to • participate in the Flexible Spending Accounts offered by the Employer. The service fee charged for employees participating in the Dependent Care Account will be paid by the Employer. The service fee for employees participating in the Medical Expense Account will be paid by the employee. Survivor Insurance 12.9 In the event of the death of an active employee, the dependents of the employee shall have the option, within thirty (30) days, to continue the current hospitalization and medical benefits, including such plan improvements as may be made from time to rime, which said dependents previously had, at the premium and Employer contribution applicable to eligible eazly retirees. T'he date of death shall be considered to be the date of retirement. In the event of the death of an eazly retiree or a regulaz retiree, the dependents of the retiree shali have the option, within thirry (30) days, to continue the current hospitalization and medical benefits which said dependents previously had, at the premium and Employer contriburion accorded to the eligible deceased retiree. � In the event of the death of an empioyee killed in the line of duty, the Employer wili contribute 100% of the premium for either single or family health insurance coverage for eligible dependents. An eligible dependent who is not enrolled in the City's health insurance program at the time of the employee's death will have an option to enroli at the nea�t annual open enrollment period. It is understood that such coverage shall cease in the event of: 12.9.1 The subsequent remarriage of the surviving spouse of the deceased employee or retiree. 12.9.2 The employment of the surviving spouse where hospital insurance coverage is obtained through a group progracn provided by said Employer. However, it is fiu�ther understood that in said event, the surviving spouse shall have the right to maintain City health insurance coverage for the first ninety (90) days of said employment. Reriree Insurance 12.10 Employees who retire must meet the following conditions in order to be eligible for Employer contriburions listed in Articles 12.11 through 12.14 below towazd a health insurance plan offered by the Employer: � 12.10.1 Be receiving benefits from a public emplogee retirement act covering employees of the City of Saint Paul at the time of retirement, and :� AItTICLE 12 - INSURANCE (Retiree Insurance coatinued) 12.10.2 Have severed his/her relationship with the City of Saint Paul under one of the retiree plans,and • 12.103 12.10.4 Have completed at least 20 yeazs of service with the City of Saint Paul or be receiving a disability pension from the City of Saint Paul, and Have severed tus/her relationship with the City of Saint Paul for reasons oTher tUan an involuntary termination for misconduct. Early Retirees 12.11 This Article shall apply to employees who: 12.11.1 12.11.2 12.113 12.11.4 12.11.5 Retire on or after January i, 1996, and Were appointed on or before December 31, I995, and Have not attained age 65 at retirement, and Meet the terms set forth in Article 12.10 above, and Select a health insurance plan offered by the Employer. Until such retirees reach sixty-five (65) years of age, the Employer agrees to contribute a maximum of $350.00 per month toward the premium for single or family health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree. When such early retiree attains age 65, the provisions of Article 12.13 shall apply. 12.12 This Article shall apply to employees who: 12.12.1 12.12.2 12.123 12.12.4 12.12.5 Retiree on or after January 1, 1996, and Were appointed on or after 3anuary 1, 1996, and Have not attained age 65 at retirement, and Meet the terms set forth in Article 1210 above, and Select a health insurance p2an offered by the Employer. Until such retirees reach sixty-five years (65) of age, the Employer agrees to conhibute a maximum of $300.00 per month toward the cost of single or family health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree. VJhen such early retiree attains age 65, the provisions of Article 12.14 shall apply. Regular Retirees (Age 65 and over) 12.13 This Article shall apply to employees who: 12.13.1 Retire on or after 7anuary 1,1996, and 12.13.2 Were appointed prior to January 1, 1996, and 12.13.3 Have attained age 65 at retirement, and 12.13.4 Meet the terms set forth in Ar[icle 12.10 above, and 12.13.5 Select a health insurance pian offered by the Employer. . � 10 ARTICLE 12 - INSURANCE (Regular Retirees continued) 99-484 The Employer agrees to contribute a masimum of $550.00 per month towazd the . premium for single or family health insurance coverage offered to regular retirees and their dependents. Any unused portion of the Employer's contribution shali not be paid to the retiree. 12.14 Ttus Article shall apply to employees who: 12.14.1 Retire on or af4er January 1, 1996, and 12.14.2 Were appointed on or after January 1, 1996, and 12.143 Have attained age 65 at retirement, and 12.14.4 Meet the terms set forth in Article 12.10 above, and 12.14.5 Select a heaith insurance plan offered by the Employer. T'he Employer agrees to contribute a maxitnum of $300.00 per month toward the premium for single or family health insurance coverage offered to regular retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. 12.15 The contributions indicated in this Article 12 shall be paid to the Employer's third pariy administrator or designated representative. C� ARTICLE 13 - VACATION 13.1 In each fiscal year, each Full-time employee shall be granted vacation according to the following schedule: CJ Years of service 56 hour Emplovees 1 st year thru Sth year 112.0 hours * 6th year thru 15th year 168.0 hours ** 16th yeaz thru 25th year 235.0 hours **• 26th yeaz and beyond 246.4 hours s*** " (2 x designated work week) ** (3 x designated work week) * * * (4.2 x designated work week) ****(4.4 x designated work week) 40 hour Emplovees 112 hours (14 days) (.0539) 160 hours (20 days) (.0769) 200 hours (25 days) (.0962) 208 hours (26 days) (.1000) 11 ARTICLE 13 - VACAITON (Continued) 13.2 The deparhnent head may permit Employees to carry over into the following fiscal yeaz, vacation time equivalent to three work weeks. Vacation schedules shall be fixed by the • department head. An Employee not working full-time shall be granted vacarion on a pro-rata basis. 13.3 Emptoyees separated from employment by reason of resignation shalI be granted such vacation pay as has been eamed and remains unused at the time of sepazation, provided notification of resignation has been sent to the department head, in writing, at least fifteen (15) calendar days prior to the date of resignation. Employees sepazated from employment by reason of dischazge, retirement, or death shail be ganted snch vacation pay as has been earned and remains unused at the time of separation. Employees granted more vacation time than earned at the time of separation from employment shall pay the Employer for such uneamed vacation. ARTICLE 14 - HOLIDAYS 14.1 In addition to what is provided in Saint Paul Ordinance No. 6446, add one additional floating holiday which is to be added to the vacation schedule by increasing vacation by .2 (two-tenths) times the number of hours designated as the work week. 14.2 Effective 1986 and in addition to 14.1 above, add one additional holiday (Martin Luther King Day) to the vacation schedule by increasing vacation by .2 (two-tenth) times the number of hours designated as the work week. • 143 In addition to what is provided in Section 14.1 and 14.2 above, and the St. Paul Ordinance No. 6446, add one additional tour of duty holiday. In each yeaz of this agreement, this tour of duty Holiday may, at the option of the employee: (1) Be added to the employee's vacation schedule, or (2) the employee may choose to receive payment at his regular rate of pay in lieu of taking time off on the additional tour of duty Holiday provided herein. If the Employer has not received and approved an employee's request for his/her additional tour of day Holiday time off by November 15 of each calendar yeaz, such employee can only receive payment at the regulaz rate of pay and can no longer elect to take time off for that catendar year. Such payment shall be made no iater than the las[ regulazly scheduled pay day of that calendar year 14.4 On January 1,1999, all employees in the tiUes of Chief Fire Investigator, Fire Communications Chief, Fire District Ctrief and Fire Training Officer with a m;n;mum of 15 yeazs of service will be provided one additional tour of duty holiday. This holiday is subject to the same conditions ideatified in Section 143. 14.5 For those employees assigned to a work week other than Monday through Friday, the holiday shall be observed on the caleadar date of the hotiday. 14.6 Eligibility for Holiday Pay and Floating Holidays shall be in accordance with Section 1 (one) Subsection I of the SaIary Plan and Rates of Compensarion Resolution. . 12 9R-y8`�I ARTICLE 15 - SICK LEAVE AND PARENTAL LEAVE I5.1 Sick leave shail be eamed and granted in accordance with the Civil Service Rules. • 15.2 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 azrangemeau for the care of such sick or disabled persons. Such paid leave shall be drawn from the empioyee's accumulated sick leave crediu. Use of such sick leave shall be limited to the number of hours designated to be the employee's work week per incident. 153 Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, may be granted one day of sick leave to attend the funeral of the employee's grandpazent or grandchild. 15.4 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 to vacation at the rate of one-half day's vacation for each day of sick leave credit. No employee may convert more than ten (10) days of sick leave in each calendar yeaz under this provision. 15.5 Maternitv and Pazental Leave. Pregiant 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 certification 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 shall be granted to a natural pazent or an adoptive pazent, 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 Empioyer. Refusal on the part of the Employer to grant an extension of such leave shall not be subject to the provisions of Article 6 of this Agreement. Employees who retum following such leaves of absence sha11 be placed in a position of equivalent salary and tenure as the one held just prior to the beginning of their leave. ARTICLE 16 - SEVERANCE PAY 16.1 Effective January 1, 1990, the employer shall provide a severance pay program as set forth in this Article 16. 16.2 To be eligible for the severance pay program, an employee must meet the following requirements: • 13 ARTICLE 16 - SEVERANCE PAY (Continued) 16.2.1 The empToyee must be voluntarily separated from City employment or have been subject to separation by lay-off or compulsory retirement. Those employees who aze dischazged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City Severance pay program. 16.2.2 The employee must file a waiver of reemployment with the Human Resovrces D'uector, which will cleazly indicate that by requesting severance pay, the employee waives all ciaims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 16.23 The employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of lus sepazation from service. 163 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 heid by the employee on the date of separation for each day of accrued sick leave subject to a maXimum as shown below based on the number of years of service with the City. Years of Service with the Citv At least 20 21 22 23 24 25 Maximum Severance Pav $ 5,000 6,000 7,000 8,000 9,000 10,000 However, any employee sepazated from City employment on or after January 1, 1992 who has an accumulated balance of at least one thousand eight hundred fifty (1,850) hours of sick leave credits and at least twenty-five (25) years of service at the time of his/her sepazation from service shall be granted severance pay in the amount of thirty thousand dollazs ($30,000). Employee with twenty (20) or more years of service who is ruled disabled and is receiving a disability pension and who has 1850 hours of accumulated sick leave shall be allowed the maximum severance benefit of $30,000. The manner of payment of such severance pay shall be made in three consecutive annual payments of ten thousand dollars ($10,000) each. The annual payments shatl be made in February of each yeaz. T'he fixst payment shall be made during the month of February in the yeaz following the year in which the employee separates his/her employment. � • � 14 99-ya�f ARTICLE 16 - SEVERANCE PAY (Continuedl 16.4 For the purpose of this severance program, a death of an employee shall be considered as � separation of employment, and if the employee would have met all of the requirements set forth above at the time of lris or her death, payment of the severance pay may be made to the employee's estate or spouse. 16.5 �'or the purpose of this severance program, a transfer from the City of Saint Paul empioyment to Independent School IJistrict No. 625 employment is not considered a sepazation of employment, and such transferee shall not be eligible for the City severance program. i 16.6 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 16.7 The manner of payment of severance in amounts of ten thousand dollars ($10,000) or less shall be made in accordance with the provisions of City Ordinance No. 11490. ARTICLE 17 - WAGES 17.1 VJhen the 1994 rates for Fire Captain Pazamedic aze determined, the steps in the 1994 salary range for District Fire Chief shall be adjusted to reflect a fifteen percent (15%) differential above the corresponding step in the 1994 salary range for Fire Captain Paramedic. The 1994 Fue Captain Pazamedic rates on which the 15% differential is based shail not include any amount that has been added to the Fire Captain Paramedic's rate in lieu of an Employer's insurance contribution. This same process shall be repeated to determine the final 1995 and 1996 rates for the tide of District Fire Chief. The biweekly rates for titles other than District Fue Chief covered by this Agreement shall be adjusted each yeaz to reflect the percent as shown below of the 1994, 1995 and 1996 rates appiicable to the title District Fire Ckuef. TITLE Fire Dispatch Supervisor Assistant Fire Marshal Emergency Preparedness Coordinator Fire Communications Cluef Fire Training Ofifcer Chief Fire Investigator Deputy Fire Cluef Fire Mazshal Emergency Paramedical Service Chief • PERCENT of DISTRICT FIRE CHIEF 85.7% 913% 92.9% 100.0% 10�.0% 100.0% 1083% 1083% 1083% 15 ARTICLE 17 - WAGES (Continued) Such adjustments shall be effective on the first day of the first payroll period of the respective year. � The wage schedule for the purpose of flus Agreement shall be Appendix B attached hereto. 172 Any Fire Captain assigned as a paramedic with 15 yeazs of service who is promoted to Fire District Chief shall begin at the 10 yeaz step effective January 1, 1994. 17.3 The wage schedule for the purpose of this Agreement shall be Appendix B attached hereto. For 1998, the wage schedule in Appendix B will be increased by 23% effective January, 1998 and 3% effective July, 1998. For 1999, the wage schedule in Appendix B will be increased by 2% effective January, 1999, and by .5% effective July, 1999. ARTICLE 18 - RESIDENCE 181 The residency requirements as passed by the City Council on December 30, 1983, under Councit File No. 279643, shall apply to all employees covered by this Agreement. ARTICLE 19 - INCAPACITATION 19.1 Employees injured during the course of employment and thereby rendered incapable of ` perfornung job duties and responsibilities shall receive futl wages during the period of incapacity, not be exceed the period equal to twelve (12) months plus accumulated sick leave. It is understood that in such cases, the tweive (12} month period shall first be utilized and only when same is eachavsted shall accumulated sick leave be applicable. 19.2 Employees disabled through injury or siclaiess other than specified in Section 19.1 above shall receive fuil wages for a period equal to accumulated sick leave, plus six (6) months as provided herein. It is understood that in such cases, accamulated sick leave shall first be utilized before the six (6) months, or any part thereof, shall be applicable. It is further understood that the six (6) month period shall be available to members in this unit only in those years where the last available Annual Report of the City Civil Service Office shall show average sick leave used per member of the Saint Paul Fire Department (based on the 1972 Annual Report method of calculating same), of eight (8) days or less. 193 Employees injured or incapacitated by illness in the Iine of duty shall be entitled to reinstatement at any time within five (5) yeazs from the date of injury or incapacity provided they are physically capabie of rPS�m�ng their job. 19.4 Except as specificatly provided in ttris Article, all illness and incapacity rules and policies previously in effect shall continue. � 16 ARTICLE 20 - DRUG AND ALCOHOL TESTING 99-y�y 20.1 Policy: The Fire Department recognizes illegal drug and alcohol usage as a threat to the • pubiic welfare and the employees of the department. Thus, the Fire Department will take the necessary steps, including drug and alcohol testing, to eliminate illegal usage. It is the goal of this policy to prevent and rehabilitate rather than terminate the employment of workers who aze abusing drugs or aicohol. No member of the Fire Depar�ent shall be discharged for illegal drug or alcohol use without first having been offered the opportunity to discontinue use either through personal choice or by treatment for chemicat dependency, if such treaiment is needed. The Union agrees, at the Employer's request, to re-open negotiations of tlus Article during the term of this Agreement. 20.2 Informing Employees About Drug and Alcohol Testing: All employees will be fully informed of the Fire Department's drug testing policy before testing is administered. Employees will be provided with information concerning the impact of the use of drugs or alcohol on job performance. In addition, the employer shall inform the employees of how the tests aze conducted, how well the tests perform, when the tests will be conducted, what the tests can determine, and the consequences of testing positive for drug or alcohol use. All newly hired employees will be provided with this information on their initial date of hire. No employee shall be tested until this information is provided to him. 203 Employee Tesring: No employee will be tested for drug or alcohol abuse unless there exists reasonable suspicion to believe that the employee to be tested is under the influence of illegal drugs or alcohol. Random or mass testing is prohibited. No such testing may be conducted without the written approval of the officer in charge of the unit. The officer in • chazge must document in writing who is to be tested and why the testing was ordered. Failure to follow any of these procedures shall result in the elimination of the test results as if no test had been administered. The test results shall be destroyed and no discipline shall be levied against the employee. 20.4 Urine collection shali be conducted in a manner which results in a legally acceptabie sample as well as providing a high degree of security for the sample, &eedom from adulteration of the sample, the highest possible accuracy of the clinical results while at the same time preserving the dignity of the employee. Administrative procedures shail be such as to prevent the submission of fraudulent tests. When appropriate, biologic testing of the samples may be included as part of such administrative procedures. In testing which could result in employee discipline, if the test result is positive, a split sample shall be reserved for independent analysis which shall be performed at the request of the affected employee. Upon request, an employee shail be entitled to the presence of a union representative before testing is administered. 20.5 Testing Procedures: All samples shall be tested for Chemical Adulteration, Nazcotics, Cannabis, PCP, Cocaine, Amphetamines, Alwhol and Sedatives. The testing shall be done by a Selected Laboratory and the following standards shall be used: • 17 Drug Testing Standards Alcohol Dru� Group -.�. -. ,: .02 concentration as shown by an analysis of urine Drug or metabolite detected Amphetamine Methamphetamine Cocaine metabolites Benzoylecgonine Marijuana metabolites delta-9-THG9-COOH Opiate metabolites Phencyclidine Bazbiturates Benzodiazepine metabolites Methadone Methaqualone Propoxyphene Codeine Total Morphine PCP Secobazbital Pentobazbital Phenobarbital Butabazbital Oxazepam Methadone Methaqvalone Propoxyphene Norpropoatyphene 300 ng/ml 300 ng/ml GC/MS • ConfirmaHon 500 ng/ml 500 ng/ml 150 ng/ml 15 ng/ml 300 ng/ml 300 ng/ml 25 ng/ml 1,000 ng/ml I,000 ng/ml 1,000 ng/ml 1,000 ng/ml 304 ng/ml 300 ng/ml 300 ng/ml 300 ng/ml 300 ng/ml Any sample which has been adulterated or is shown to be a substance other f.han urine shall be reported as such. All samples which test positive on a screening test shall be confirmed by gas chromatography-mass spectrophotometry, and no records of unconfirmed positive tests shail be released or retained by the laboratory. Testing shall be conducted in a manner to insure that an employee's legal drug use does not effect the test results. All results shall be evaluated by a suitably trained occupational physician or occupational nurse prior to being reported. Test results shall be treated with the same confidentiality as other employee medical records. The test results shall not be reported outside the Fue Depaztment. Initial Test levei ng/ml 1,000 ng/ml 1,000 nglml 300 nglml 15 ng/ml 300 ng/ml 300 ng/ml 25 ng/ml 300 ng/ml 1,000 ng/mi 3,000 ng/ml 1,000 ng/ml 300 ng1m1 300 ng/ml 300 ng/ml • • m � ARTICLE 20 - DRUG AND ALCOHOL TESTING (Continued) � g_ � � 20.6 Chemical Dependency Program: Each person whose urine tests positive for illicit • drugs shall be medically evaluated, counseled and treated for rehabilitation, if required. In addition, at any time an empioyee may voluntarily enter the chemical dependency program without fear of disciplinary actions against him. This Program is designated to provide care and treatmeat to employees who aze in need of rehabilitarion. Details concerning treatment any empioyee receives at this Program shall remain confidential and shatl not be released to the public. The employee shall be responsible for the cost oftreatment. No employee shatl be relieved or transfeaed to other than his usual duties on the basis of one test result atthough the employee may be re-evaluated for his duty assignment. When undergoing treatment and evaluation employees shall receive the usual compensarion and fringe benefits provided at their assigned position, 20.7 Right of Appeal: Each employee has the right to challenge the results of drug or alcohol testing in the same manner that he may grieve any managerial action. 20.8 Duty Assignment After Treatment: Once an employee successfully completes rehabilitation, he shall be returned to his regulaz duty assignment. Bmployee reassignment during treatment shail be based on each individuai's circumstances. If follow-up caze is prescribed after treatment, this may be a condition of employment. Once treatment and any follow-up care is completed, at the end of two yeazs the records • of treatment and positive drug or alcohol test results shall be retired to a closed medical record. The employee shall be given a fresh start with a clean administrative record. 20.9 Right of Union Participation: At any time, the Union, upon request, will have ttie right to inspect and observe any aspect of the drug and alcohol testing program with the exception of individual test results. The Union may inspect individual test results if the release of this information is authorized by the employee involved. 20.10 Union Held Harmless: This drug and alcohol testing program is solely initiated at the behest of the empIoyer. Tfie Fire Department shall be solely liable for any 2ega1 obligations and costs arising out of the provisions and/or application of this collective bargaining agreement relating to drug or alcohol testing. The Union shall be held hazmless for the violation of any worker rights arising from the administration of the drug or alcohol testing program. 20.11 Conftict with Other Laws: This Article is in no way intended to s¢persede or waive an employee's federal or state constiturional rights. • 19 ARTICLE 21- OVERTIlI� 21.1 Employees required to work in excess of their assigned tour of duty will be compensated at the rate of one and one-half (1.5) times the employee's normal rate. Such • compensation shall be made in cash or in compensatory time at the option of the Employer. 21.2 The purpose of tlus section is to effectively eliminate three (3) Fire Dis�ict Chief positions, i.e., those positions which have been haditionally l�own as the pool of Fire District Chiefs. Beginning December 31,1997 the employer may assign Fire Captains to perform the duties of Fire District Cluefs only in accordance with subsections 2.1, 2.2, and 23 below. 21.2.1 All Fire Chiefs assigned and available for work on a shift aze working as Fire Depury or Dis�ict Chief. 21.2.2 The Department may assign Captains as out-of-title Distdct Cluefs for any scheduled absence (Scheduled absence, as used herein, is an absence that will be irnown when a segment schedule is pregazed and distributed for the next, i.e., immediately following segment) However, the out-of-tide assignments will not occur until Deputy and District Chiefs, as a group have scheduled or eamed, within the calendar year, $97,417 in overtime. This overtime will be earned by filling Deputy and District Chief scheduled absences. 21.23 The Association will determine the method and be responsibie for distributing • the scheduled overtime tours of duty among the Deputy and District Chiefs. Ttris will be done to the satisfaction of the employer that quatified personnel are filling the positions. ARTICLE 22 - DISCIPLINE 22.1 The Employer may discipline employees in any form listed below: Oral Reprimand VJritten Reprimand Suspension Demotion The Employer will discipline employees for just cause only and in accordance with the concept of progressive discipline. Employees who aze disciplined pursuant to the terms of this Article may appeal the Employer s disciplinary action thmugh the grievance procedure set forth in Article 6 of this Agreement or to a Civil Service authority pursuant to the rules and procedures of . such authority. 20 • ARTICLE 23 - POSITION OPENIIVGS 23.1 To expedite the filling of vacancies under the civil service procedures, the head of the department or designated representative will: �y -N 8y Make requisition for certification of eligibles to fill a vacancy within fifteen (15) days after determin;ng that a vacancy exists. Within fifteen (15) days after the department head has met with the certified eligibles, he/she will fill the vacancy. If no eligible list is in effect when a vacancy occurs, the degartment hr�d sball, within fifteen (I S} days, request the Human Resources I3irector to conduct an examination for the purpose of establishing an eligible list. Nothing in this Article 23 shall be construed to eliminate or lessen the Department Head's right to determine the number of employees in any class title. � ARTICLE 24 - CITY MILEAGE 24.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and empioyees for the use of their own automobiles in the performance of their duties, the foilowing provisions aze adopted. 24.2 Method of Computation: To be eligible for such reimbursement, all o�cers and employees must receive written authorization from the Department Head. Type 1 If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $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 shail be reimbursed $.20 per mile for each mile actuaily 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 empioyee's use but the employee desires to use his/her own automobile, then the employee shali 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 REGiJLARLY 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. C� 21 ARITCLE 24 - CIT'Y MII.EAGE (Continued) 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. 243 The City will provide pazldng aY the Civic Center Pazking Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to have their personal car available for City business. Such parking will be provided only for the days the employee is required to have his or her own personal car available. 24.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobiie reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than $100,000($300,000 for personat injury, and $25,000 for property damage, or Iiability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the City Clerk. C� • 22 99-y8y • • • ARTICLE 25 - DURATION OF AGREEMENT 25.1 Except as herein provided, this Agreement sha11 be effective as of the date the Agreement is executed by the parties, and shall continue in full force and effect through the 31 st day of December, 1999, and thereafter unril 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 Minnesota Public Employment Labor Relations Act of 1984. 25.2 The wage schedule attached hereto as Appendix "B" shall take force and effect at such time as is specified in the administrative resolution recoguiziug and approving this Agreement in accordance with Secfion 12.09 of the Saint Paul City Charter. Signed this�8�' day of May, 1999 CITY OF SAlNT PAUL C:�2� Susan Kimberly Chief of Staff SAINT PAUL FIRE SUPERVISORY ASSOCIATION Donato Bataglia, President 23 APPENDIX A Regulation "West Point" long sleeve police shirt . Regulation "West Point" short sleeve police shirt Rauking Officer's white uniform shirt, long sleeve, West Point 7500C Ranking Officer's white uniform shirt, short sleeve, West Point 7500C Jersey type long sieeve sweat shirt, navy blue - Wilson 8632 Jersey type 3/4 sleeve sweat shirt, navy blue - Wilson 8632 Fechheimer Bros. nauy blue trousers 32200 Fechheixner Bros. navy blue trousers 32250 Jacket - Light waight, waist style Fechheimer 32100 Fur coat - Energy 100FD - Sizes 48 - 50 add 10°/a - longs add 10% Jacket - California thermal chief - Horace Sma11 Pazka - Navy - Butwin 111 SP Regular sizes 34 - 46 Extra sizes 48, 50, 52, Long • Liners for summer uniform fire fighter jacket - Fechheuner Bros. 32704 Sewing Costs: No cost when ordered with jacket, otherwise .. Caps Trooper Cap Chiefs Navy-Stype Midwest-N. W. 8 pt. Midwest-N. W. Belts - leather - black - 1.5 inch Shoes Wedge style oxford - Red Wing shoe #101 Slip on style oxford - FLOAT-AWAYS #J5347 Slip on style o�ord - FLOAT-AWAYS #J5318 Lace style oxford - FLOAT-AWAYS Z5096 Slip on style oxford Weinbrenner 1635 Slip on style oa�ford Weinbrenner 1435 Lace style oxford T5152 Mocc toe Lace style oxford Weinbrenner 1225 Lace style oxford Weinbrenner 1250 Socks Munsingweaz #40 Munsingwear #415 - stretch style • Ties - black, 4-in-hand, or snap-on style y9 -48� Ai ti APPENDIX B: BIWEEKLY RATES • Salary ranges applicable to titles covered by this Agreement shail be as shown below: Effective January 3, 1998 Two and three-tenths percent (23%) increase Effective July 4, 1998 Zero and three-tenths percent (03%) increase Effective January 2, 1999 Two percent (2.0%) increase Effective July 3, 1999 Zero and five-tenths percent (0.5%) increase GRADE 041 ---------------- 422A FIRE DISPATCH SUPERVISOR A B C D E F 10-YR. 15-YR. �i) �Z) �3) �4) �5) �6) ��) �g) Ol/03/98 1737.62 1823.45 1913.59 1989.97 2090.66 2174.53 2286.43 234238 07/04/98 1742.83 1828.92 191933 1995.94 2096.93 2181.05 2293.29 2349.41 01102/99 1777.69 1865.50 1957.72 2035.86 2138.87 2224.67 2339.16 2396.4Q 07/03/99 1786.58 1874.83 1967.51 2046.04 2149.56 2235.79 2350.86 240838 '�� 1„ C� 031 ASSISTANT FIRE MARSHAL Ol/03/98 1851.17 1942.60 2038.63 2120.01 2227.28 2316.63 2435.81 2495.44 07/04/98 1856.72 1948.43 2044.75 2126.37 2233.96 2323.58 2443.12 2502.93 Ol /02/99 1893.85 1987.40 2085.65 2168.90 2278.64 2370.05 2491.98 2552.99 07/03/99 190332 199734 2096.08 2179.74 2290.03 2381.90 2504.44 2565.75 � �� 057A EMERGENCY PREPAREDNESS COORD C _� Ol/03/98 1883.61 1976.63 2074.37 2157.16 226630 2357.25 2478.50 2539.18 07/04/98 1889.26 1982.56 2080.59 2163.63 2273.10 236432 2485.94 2546.80 Ol/02/99 1927.05 202221 2122.20 2206.90 2318.56 2411.61 2535.66 2597.74 07/03/99 1936.69 203232 2132.81 2217.93 2330.15 2423.67 254834 2610.73 �19-y8�f : � ��. 492A CHIEF FIRE 1NVESTIGATOR 672 FIRE COMNIIJNICATIONS CHIEF 150 FIRE DISTRICT CHIEF 691 FIRE TRAINING OFFICER Ol/03/98 2027.58 2127.72 2232.90 2322.04 2439.52 2537.41 2667.94 2733.24 07/04/98 2033.66 2134.10 2239.60 2329.01 2446.84 2545.02 2675.94 2741.44 Ol(�2/99 207433 2176.78 228439 2375.59 2495.78 2595.92 2729.46 2796.27 07/03/99 2084.70 2187.66 2295.81 2387.47 2508.26 2608.90 2743.11 2810.25 ' � � i�. 193A DEPUTY FIRE CHIEF 179A EMER PARAMEDICAL SERV CHIEF 186 FIRE MARSHAI,L . i A B C D E F 10-YR. 15-YR. �1) �2) �3) �4) �5) �6) ��) �8) Ol/03/98 2195.87 230430 2418.23 2514.75 2641.99 2747.99 2889.37 2960.10 07/04/98 2202.46 2311.21 2425.48 2522.29 2649.92 2756.23 2898.04 2968.98 Ol/02/99 2246.51 2357.43 2473.99 2572.74 2702.92 281135 2956.00 302836 07/03/99 2257.74 236922 248636 2585.60 2716.43 2825.41 2970.78 3043.50 • C� : O I��V��rl� RESOLUTION OF SAINT PAUL, MINNESOTA Presented Refened To Council File # �q —4g�{ Green Sheet # 63938 Committee Date 2 3 C] RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached January l, 1998 through December 31, 1999 Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul Fire Supervisory Association. ° Yeas Na s Absent Benanav p / Blakey � Bostrom ✓ Coleman � Hams � Lantry � Reiter / Adopted by Council: Date Adoption Ce ' by Council _ / By: --�� —` Approved by May � Date �� Z U��f� � Requested by Department of. Office of Labor Relations By: �� ' � L ' — d � 7 `��"`� �c Form Ap oved Attomey B ��a/�`°� 6 f ► �� Approved by Mayor for Submission to Council By: �✓r � aq -�,r�{ ATTACHIvIENT TO TI� GREEN SHEET The Saint Paul Fire Supervisory Association Below is a summary of the changes in the Collective Bazgaiuing Agreement between the City and the Saint Paul Fire Supervisory Association. The new contract is for the period of January 1, 1998 through December 31, 1999. Wages: 1998: 2.6% (Splits*: 01l98 23%; 07l48 03%) 1999: 2.5% (Splits: Ol/99 2.0%; 07/99 0.5%) * Wage implementation dates Health Insurance: )9q9 ; -�99&: Single $285.00 per month Family $378.82 per month aooc : �J9: Single $275.00 per month Family $397.11 per month The single contribufion is reduced by $25.00 over 1998 and 1999. This means the unused benefit dollar amount retumed to employees at the end of the year has decreased, this helps accomplish the Ciry's goal of paying benefit dollars for benefits. Regarding family coverage, other units have settled at $368.82 + 50%. Since premiums dropped this means no increase for them. Since the Saint Paul Fire Supervisory Association lowered the single amount by $25.00 the City gave a dollar amount of $10.00 to family coverage. The Fire Supervisory Association also agreed to a reduction in the married couple rule. This rule applies only to Fire Supervisory Association, Firefighters Loca121 and Police. When both spouses are employed by the City, one takes coverage, the other gets the full $300.00 per month back at the end of the year. Now the spouse with no coverage will receive back only the actual amount of the single contribution, since the City would have to putchase this from the insurance company anyway. The Association reduction conesponds with the reduction negofiated by a11 of the above named bargaiuing units. �q -'�.8'`� Attachment to the Crreen Sheet The Saint Paul Pire Supervisory Association Page 2 Tour of Duty Holiday: One tour of duty day is added only for employee titles within the Dishict Chief category in Appendi� B. The additional day is effective in 1999. Elimination of Administrative Fee: The Saint Paul Fire Supervisory Association and the City agreed to eliminate the aduiinistrative fee of $0.50 per month. Costs: Wages Health Insurance 1998 $39,532.88 1999 $34,211.14 $2,153.76 $0.00 $3,574.80 $96.00 $40,035.70 $720.00 Amend Married Couple Rule Tour of Duty Holiday Elimination of Adm Fee Total: $ $40,252.88 Language Changes (summary) The contract includes other changes to contract language which are housekeeping in nature. DEPARTMENT/OFFiCE/COUNCII.: DATE INITIATED GREEN SHEET No.: 63938 \•� `v � LABOR RELATIONS CONTACI' PERSON & PFIONE: � �NiTG�LDn7'E �Nfi7AUDAh JLJLIE KRAUS 266-6513 p�IGN 1 DEPARTMEN'C DI . k#< 4 CITY COUNCIL NUMBER 2 CI"I'Y ATIORNEY �(� \ CITY CLERK MUST BE ON COUNCII. AGENAA BY (DA1"E� FOR BUIXiEI' DIR. � jir FIN. & MGT. SERVICE DIR ROIJTING 3 MAYOR (OR ASST.) f _ � � � � ORDER l0 TOTAL # OF SIGNA'1'URE PAGE9 I (CLIP AI.L LOCATIONS FOR SIGNATURE) ncrcox �QuFSren: This resolution approves the attached January 1, 199$ — December 31, 1999 Collecrive Bazgaining Agreement between the City of Saint Paul and the Saint Paul Fire Supervisory Association. RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONCRACI�S MUST ANSW ER THE FOLLOWING QUESTIONS: PLANNING COMMISSION _CML SERVICE COMMISSION I. Has ihis person/ficm ever workeA under a contract for ihis deparlmenY! CIB COhfMITTEE Yes No STAFF 2. Has [his person/firtn ever been a city employee? DISTRiCT COURT Yu No SUPPORTS WHICH COUNCIL OBJECTIVE? 3. Does this person/firm possess a skill not nortnalty possessed by any curtent city employeel Yu No Ezplain all yes answers on separah sheet and attach to grcen shcet ' INITIATWG PROBLEM, ISSUE, OPPORT[JNT['Y (Who, Wha4w'hen, W6ere, Why): � nnvnrrrncES tF nrrxovEn: An Agreement in place through December 31, 1999. DISADVANTAGES IFAPPROVED: NOI10 � nrsnuvarrrncES iF xoT nrrxovEV: The relationship between this unit and the City would be strained. This unit would be on an unequal footing with other Public Safety Units. TOTAL AMOUNT OF TRANSACTION: $ COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVITY NUMBER: F'INANCIAL INFORMATION: (EXPLAII� C(sU€�'-� �gS�.?=.t^�`;'+.�.+�ii:-' JU6d � � 1��9 � _ :�5 `�� 199�= i99Q ` _ - - � � � � � A�REE1t�NT' �� _ , = bet�veeu � � � � � , � �. �-- _� ,�y _�°. - � " THE C�T'Y {��',SA�NT PAUi� X�� - � � anx�.�= - _ , - . { - � � E 'T�IE S��l'�T.FAUL� F� S�JPERViSOR� ASSOC�2��I�l�i �z � - � _ � �� - _ d . � ARTICLE TITLE �7�[e7�, 1 Purpose ..........................................................1 2 Definitions .......................................................1 3 Recognition ......................................................2 4 Security .........................................................3 5 Empioyer Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Grievance Procedure ...............................................3 7 Savings Clause ....................................................6 8 Uniform Allowance ................................................6 9 LegalServices ....................................................7 10 Seniority .........................................................7 11 12 13 14 • 15 q4-y�y Ca1lBack ............................. Insurance ............................. Vacation .............................. Holidays .............................. Sick Leave and Parental Leave . . . . . . . . . . . . ..........................7 ..........................8 .........................il .........................12 .........................13 16 Severance Pay ...................................................13 17 Wages ..........................................................15 18 Residence .......................................................t6 19 Incapacitation ....................................................16 20 Drug and AlcoholTesting ..........................................17 21 Overtnne .......................................................20 22 Discipline .......................................................20 23 Position Openings ................................................21 24 City Mileage .....................................................21 25 Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Appendix .............................................. A1 Appendix .............................................. B1 INDEX • � C , J ARTICLE 1- PURPOSE 9 ��y 8 � 1.1 The Employer and the Saint Paul Fire Supervisory Association (SPFSA) agree that the purpose of entering into this Agreement is to: 1.1.1 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of performance that is consistent with the well being of all concemed. 1.1.2 Establish the full and complete understanding of the parties conceming the terms and conditions of this Agreement. 1.1.3 Establish procedures to orderly and peacefully resolve disputes as to the application of interpretation of this Agreement. 1. t.4 Place in written form the paRies' agreement upon terms and conditions of employment for the duration of this Agreement. AIiTICLE 2 - DEFIIITITIONS 2.1 2.2 • 23 2.4 2.5 2.6 2.7 • Association: Saint Paul Fire Supervisory Association (SPFSA) Employer: The City of Saint Paul Association Member: A member of Saint Paul Fire Supervisory Association (SPFSA). Employee: A member of the exclusively recognized bazgaining unit as certified by the State Bureau of Mediation Services in Case No. 78-PR-1056-A dated August 1, 1978. Vacancy: As determined by the department head, a funded position opening in a class specified in Article 3.2. Position: Any specific office, employment or job in the Fire Departrnent in a class specified in Article 3.2. Tour of Duty: A. For a fifty-six (56) hour work week employee: The performance of job duties and acceptance of the responsibilities of a position for a consecutive and uninteaupted twenty-four (24) how period from 8:00 am. on a calendar day to 8:00 a.m. on the following calendar day. B. For a forty (40) hour work week employee: The performance of job duties and acceptance of the responsibilities of a position for a consecutive and uninterrupted eight (8) hour period within a calendar day. 1 ARTICLE 2 - DEF'INITIONS (Coatinued) C. Notwithstanding B above, employees assigned to a forty (40) hour work week may, through mutual agreement with the Employer, work schedu]es other than • schedules limited by B above. Overtime compensation for employees working under such agreements shall be subject to the provisions as set forth by the Fair Labor Standards Act. 2.8 Department: The fire department of the City of Saint Paul as established and amended from time to time pursuant to Section 9A1 of the City Charter. 2.9 Overtime: Work performed by an Employee in excess of the Employee's tour of duty by order of the Employer. 2.10 Overtime Pay: For employees assigned to a fifty-six (56) hour work week, overtime pay, for the purpose of Article 21, will be based on a fifty-six (56) hour work week. For employees assigned to a forty {40) hour work week, overtime pay, for the purpose of Article 21, will be based on a forty (40) hour work week. ARTICLE 3 - RECOGiVITION 3.1 The Employer recognizes the SPFSA as the exclusive representative for the purpose of meeting and negotiating the terms and conditions of employment for supervisory Fire Department personnei. 3.2 Job classes which aze within the bazgaining unit and covered by this Agreement are as • foliows: Assistant Fire Marshal Chief Fire Investigator Deputy Fire Chief District Fire Chief Fire Communications Cluef Fire Dispatch Supervisor Emergency Paramedical Services Chief Emergency Preparedness Coordinator Fire Marshal Fire Training Officer 33 In the event the Employer and the Association are unable to agree as to the inclusion or exclusion of a new or modified job position, the issue shall be submitted to the Bureau of Mediation Services for detPrminaron. • F� 99-y8� ARTICLE 4 - SECURITY 4.1 The Employer shall deduct from the wages of Employees who authorize such a deduction � in writing an amount necessary to cover monthly Association dues and assessmenu. � Such monies shaIl be remitted as directed by the Association. 4.2 The Association may designate Employees from the bazgaining unit to act as stewards and shall inform the Employer in writing of such choice. 4.3 The Association agrees to indemnify aad hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the city as a result of any action taken or not taken by the city under the provisions of this article. ARTICLE 5 - EMPLOYER AUTIiORITY 5.1 The SPFSA recognizes the prerogatives of the Employer to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The prerogatives and authority which the Employer has not officially abridged, delegated or modified by this Agreement aze retained by the Empioyer. 5.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include but aze not limited to, such areas of discretion of policy as the functions and programs of the employer, its overall budget, utilizarion of technology, and organizational structure and selection and direction and number of � personnel. ARTICLE 6 - GRIEVANCE PROCEDURE 6.1 DEFI1vITION OF GRIEVANCE: A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of the Agreement. 6.2 SPFSA REPRESENTATIVES: T'he Employer will recognize representatives designated by the SPFSA as the grievance representatives of the bazgaining unit having the duties and responsibilities established by this Article. The SPFSA shail notify the Employer in writing of the names of such SPFSA representatives and of their successors when so designated. L� 3 ARTICLE 6 - GRIEVANCE PROCEDURE (Continued) 63 PROCESSING OF GRIEVANCE: It is recognized and accepted by the SPFSA and the Employer that the processittg of grievances as hereinafter provided is limited by the job � duties and responsibilities of the Employee and shall therefore be accomplished during normat working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and the SPFSA shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normai working hours provided the Employee and the SPFSA representatives have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimentaI to the work prograni of the Employer. 6.4 PROCEDURE: Grievances, as defined by Section 5.1 shall be resolved in conformance with the following procedure: Sten 1 An Employee claiming a violation conceming the interpretation or application of the Contract shall within twenty-one (21) calendar days after such aileged violation has occurred present such grievance to tfie Employee's supervisor as designated by the Employer. The Employer designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendaz days after receipt. A grievance not resolved in Step 1 and appealed in Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Contract allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not • appealed in writing to Step 2 by the SPFSA within ten (10) calendar days shall be considered waived. St¢A 2 If appealed, the written grievance shail be presented by the SPFSA, and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the SPFSA the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representative's Step 2 answer. Any grievance not appealed in writing to Step 3 by SPFSA within ten (10) calendar days shall be considered waived. Sten 3 If appealed, the written grievance shatt be presented by the SPFSA to, and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the SPFSA the Employer's answer in writing within tea (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed by the SPFSA to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer in Step 3. Any grievance not_appealed in writing to Step 4 by the SPFSA within ten (10) calendar days shatl be considered waived. . 4 � ARTICLE 6- GRIEVANCE PROCEDURE (Continued) ��— 7 � J Oprional Mediation Steg C� If the grievance bas not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendar days, request mediation. If the parties agree that the grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediation Services for the assignment of a mediator. Grievance mediation shall be completed within thirty (30) days of the assignment unless the parties mutually agree to lengthen the time limit. 2. Grievance mediarion is an optional and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance azbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to azbitration shall be delayed for the period of inediation. 3. The grievance mediation process shall be informal. Rules of evidence shall not apply, and no record shall be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and azgument to support their case. The mediator may meet with the parties in joint session or in separate caucuses. • 4. At the request of both parties, the mediator may issue an oral recommendation for settlement. Either party may request that the mediator assess how an azbitrator might rule in this case. 5. The grievant shall be present at the grievance mediation proceeding. If the grievance is resolved, the grievant shall sign a statement agreeing to accept the outcome. Unless the parties agree otherwise, the outcome shall not be precedential. 6. If the grievance is not resolved and is subsequently moved to azbitration, such proceeding shall be de novo. Nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resolution or offers of settlement may be used or referred to during arbitration Stea 4 A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to arbitration subject to the provisions ofthe Public Employment Labor Relations Act of 1971. The selection of azbitrator shall be made in accordance with the 'Rules Goveming the Arbitradon of Grievances" as established by the Public Employment Relations Boazd. • 6.5 ARBITRATOR'S AUTHORI'TY: The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of the Agreement. The azbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the SPFSA, and shali have no authority to make a decision on any other issue not so submitted. 5 -. ARTICLE 6 - GRIEVANCE PROCEDiJRE (Continued) 6.6 The azbitrator shall be without 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 azbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. The decision shali be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. 6.7 The fees and eapenses for the azbitrators' services and proceedings shall be borne equally by the Employer and the SPFSA, provided that each parry shall be responsible for compensating its own representatives and witnesses. If eitfier parry desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the groceedings, the cost shall be shazed equally. 6.8 WAIVER: If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed e�ension thereof, it shall be considered settled on the basis of the Employer's last answer. ff the Employer does not answer a grievance or an appeat thereof wittun the specified time limits, tfie SPFSA may elect to treat the grievance as denied at that step and immediately appeal the grievance to the neact step. The time limit on each step may be extended by mutual written agteement of the employer and the SPFSA in each step. 6.9 RECORI}S: All documents, communications and records dealing with a grievance shall � be filed sepazately from the personnel files of the involved employee(s). ARTICLE 7 - SAVINGS CLAUSE 71 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 tlris Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions shali continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 8 - UNIFORM ALLOWANCE 8.1 The 1972 base of Oae Hundred Twenty Dollars ($120.00) as a clothing allowance on a voucher system will be increased January 1,1974, and each year thereafter on the basis of a yearly study of the increased cost of the defined uniform. The 1972 base cost of the nni form is stipulated and attached as Appendix A. C � [, ARTICLE 8- iINIFORM ALLOWANCE (Continued) 97 �� 8 / ` 82 It is further understood that employees covered by this Agreement shall receive a clothing allowance which is Thirry ($30.00) dollazs greater than that provided by Article 8.1 of • ttus Agreement. ARTICLE 9 - LEGAL SERVICES 9.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the Employer shall defend, save harmless and indemnify an Employee, and/or his/her estate, against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance and scope of the Employee's duties. 9.2 Notwithstanding Article 9.1, the employer shall not be responsible for paying any legat service fee or for providing any legal service arising from any legal action where the employee is the Plaintiff. ARTICLE 10 - SEHIORIT'Y 10.1 Department Seniority: For the purposes of this Agreement seniority shall be defined as the length of continuous and uninterrupted employment in the fire department. 10.2 Loss of Department Seniority: An Employee will lose acquired department seniority in the foliowing instances: 10.2.1 Resignation • 10.2.2 Discharge 10.23 Retirement 103 Work Force Reduction: In the event of a reduction in the department work force, such reduction shall occur in acwrdance with Section 22 of the Civil Service Rules as of the date of the signing of this Agreement. 10.4 Reduction in Rank: Reduction in rank shall be in accordance with the Civil Service Rules as of the date of the signing of this Agreement. (Except as indicated below) 10.4.1 Reduction in rank for periods up to but no more than 30 consecutive catendar days will be by platoon seniority. 10.4.2 Reduction in rank for more than 30 consecutive calendar days shatl be in accordance with the Civil Service Rules as of the date of the signing of this Agreement. ARTICLE 11- CALL BACK 11.1 Employees required by the Employer to report for work during off-duty time will be compensated at the overtime rate in accordance with Article 2.10 of this Agreement. The min;mum payment under this Articie will be four (4) times the Employee's hourly rate. An eazly report of two (2) hours or less, or an extension of a nomially scheduled tour of • duty, shall not qualify an Employee for this �*+;nimum payment. � ARTICLE 12 - INSURANCE 12.1 The insurance plans, premiums for coverages, and benefits contained in the insurance . plans offered by the Employer shall be solely controlled by the contracts negotiated by the Employer and the benefit providers. The Emptoyer will attempt to prevent any • changes in the benefiu offered by the benefit providers. However, the employees selecting the offered plans agree to accept any changes in benefiu which a specific provider implements. 12.2 Eligibility for full-time benefits is defined as appearing on the payroll an average of at least sixty-four (64) hours per biweekly pay period for the twelve (12) month period preceding the annual open enrollment or speciat enrollments of the employment period preceding initial eligibility. 123 Effective Januazy 1, 1998, the Employer will contribute $285.00 per month for health insurance to eligible employees who select singie coverage. Further the Employer will contribute $378.82 per month to eligible employees who select family coverage. 12.4 Effecfive January, 1999, the Employer will contribute $275.00 per month for health insurance to eligible employees who select single coverage. The Employer will contribute $397.11 per month to eligible employees who select family coverage. 12.5 Under the cafeteria plan fuii-time, eligibte employees, must select at 2east single health insurance coverage and employee life insurance in an amount of $5,000. It is understood that these mandatory coverages may not be waived. 12.6 Effective January 1, 1999, each eligibfe employee will purchase an additional $5,000 in � Life Insurance coverage. Accordingly, the Employer will contribute an additional $1.65 per month for life insurance. Thus, the Employer's total contribution to the cafeteria plan is $276.65 per month for employees selecting single coverage and $398.76 per month for empioyees selecting family coverage. 12.7 Any unused portion of the Employer's contribution for which an employee is eligible is defined as unused benefit dollars, not salary, and shall be paid to the employee as taxable income. Such payment will be made during the month of December for the insurance year. For employees who terminate their employment with the City of Saint Paul, such payment shall be made within 90 days foIlowing termination. However, an employee whose spouse is aLso employed by the City of St. Paul and is eligible to participate in the city's health insurance plan will not be required to select the mandatory heaith insurance coverage as long as one of the spouses is participating in the city's health insurance plan with family coverage. The mandatory life insurance coverage continues to apply. In tlus event, only the difference between the cost of the mandatory life insurance and the employer contribution amount for single heaith insurance coverage shall be eligible for payment as unused benefit dollars. Effective 7anuary 1, 1999, the amount eligible for payment as unused benefit dollazs shall be the actual cost of the single health insurance premium, less the cost of the monthly life • insurance premium. f:7 �l �'y84 ARTTCLE 12 - INSURANCE (Continued) 12.8 Under the cafeteria plan, employees covered by this agreement will be eligible to • participate in the Flexible Spending Accounts offered by the Employer. The service fee charged for employees participating in the Dependent Care Account will be paid by the Employer. The service fee for employees participating in the Medical Expense Account will be paid by the employee. Survivor Insurance 12.9 In the event of the death of an active employee, the dependents of the employee shall have the option, within thirty (30) days, to continue the current hospitalization and medical benefits, including such plan improvements as may be made from time to rime, which said dependents previously had, at the premium and Employer contribution applicable to eligible eazly retirees. T'he date of death shall be considered to be the date of retirement. In the event of the death of an eazly retiree or a regulaz retiree, the dependents of the retiree shali have the option, within thirry (30) days, to continue the current hospitalization and medical benefits which said dependents previously had, at the premium and Employer contriburion accorded to the eligible deceased retiree. � In the event of the death of an empioyee killed in the line of duty, the Employer wili contribute 100% of the premium for either single or family health insurance coverage for eligible dependents. An eligible dependent who is not enrolled in the City's health insurance program at the time of the employee's death will have an option to enroli at the nea�t annual open enrollment period. It is understood that such coverage shall cease in the event of: 12.9.1 The subsequent remarriage of the surviving spouse of the deceased employee or retiree. 12.9.2 The employment of the surviving spouse where hospital insurance coverage is obtained through a group progracn provided by said Employer. However, it is fiu�ther understood that in said event, the surviving spouse shall have the right to maintain City health insurance coverage for the first ninety (90) days of said employment. Reriree Insurance 12.10 Employees who retire must meet the following conditions in order to be eligible for Employer contriburions listed in Articles 12.11 through 12.14 below towazd a health insurance plan offered by the Employer: � 12.10.1 Be receiving benefits from a public emplogee retirement act covering employees of the City of Saint Paul at the time of retirement, and :� AItTICLE 12 - INSURANCE (Retiree Insurance coatinued) 12.10.2 Have severed his/her relationship with the City of Saint Paul under one of the retiree plans,and • 12.103 12.10.4 Have completed at least 20 yeazs of service with the City of Saint Paul or be receiving a disability pension from the City of Saint Paul, and Have severed tus/her relationship with the City of Saint Paul for reasons oTher tUan an involuntary termination for misconduct. Early Retirees 12.11 This Article shall apply to employees who: 12.11.1 12.11.2 12.113 12.11.4 12.11.5 Retire on or after January i, 1996, and Were appointed on or before December 31, I995, and Have not attained age 65 at retirement, and Meet the terms set forth in Article 12.10 above, and Select a health insurance plan offered by the Employer. Until such retirees reach sixty-five (65) years of age, the Employer agrees to contribute a maximum of $350.00 per month toward the premium for single or family health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree. When such early retiree attains age 65, the provisions of Article 12.13 shall apply. 12.12 This Article shall apply to employees who: 12.12.1 12.12.2 12.123 12.12.4 12.12.5 Retiree on or after January 1, 1996, and Were appointed on or after 3anuary 1, 1996, and Have not attained age 65 at retirement, and Meet the terms set forth in Article 1210 above, and Select a health insurance p2an offered by the Employer. Until such retirees reach sixty-five years (65) of age, the Employer agrees to conhibute a maximum of $300.00 per month toward the cost of single or family health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree. VJhen such early retiree attains age 65, the provisions of Article 12.14 shall apply. Regular Retirees (Age 65 and over) 12.13 This Article shall apply to employees who: 12.13.1 Retire on or after 7anuary 1,1996, and 12.13.2 Were appointed prior to January 1, 1996, and 12.13.3 Have attained age 65 at retirement, and 12.13.4 Meet the terms set forth in Ar[icle 12.10 above, and 12.13.5 Select a health insurance pian offered by the Employer. . � 10 ARTICLE 12 - INSURANCE (Regular Retirees continued) 99-484 The Employer agrees to contribute a masimum of $550.00 per month towazd the . premium for single or family health insurance coverage offered to regular retirees and their dependents. Any unused portion of the Employer's contribution shali not be paid to the retiree. 12.14 Ttus Article shall apply to employees who: 12.14.1 Retire on or af4er January 1, 1996, and 12.14.2 Were appointed on or after January 1, 1996, and 12.143 Have attained age 65 at retirement, and 12.14.4 Meet the terms set forth in Article 12.10 above, and 12.14.5 Select a heaith insurance plan offered by the Employer. T'he Employer agrees to contribute a maxitnum of $300.00 per month toward the premium for single or family health insurance coverage offered to regular retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. 12.15 The contributions indicated in this Article 12 shall be paid to the Employer's third pariy administrator or designated representative. C� ARTICLE 13 - VACATION 13.1 In each fiscal year, each Full-time employee shall be granted vacation according to the following schedule: CJ Years of service 56 hour Emplovees 1 st year thru Sth year 112.0 hours * 6th year thru 15th year 168.0 hours ** 16th yeaz thru 25th year 235.0 hours **• 26th yeaz and beyond 246.4 hours s*** " (2 x designated work week) ** (3 x designated work week) * * * (4.2 x designated work week) ****(4.4 x designated work week) 40 hour Emplovees 112 hours (14 days) (.0539) 160 hours (20 days) (.0769) 200 hours (25 days) (.0962) 208 hours (26 days) (.1000) 11 ARTICLE 13 - VACAITON (Continued) 13.2 The deparhnent head may permit Employees to carry over into the following fiscal yeaz, vacation time equivalent to three work weeks. Vacation schedules shall be fixed by the • department head. An Employee not working full-time shall be granted vacarion on a pro-rata basis. 13.3 Emptoyees separated from employment by reason of resignation shalI be granted such vacation pay as has been eamed and remains unused at the time of sepazation, provided notification of resignation has been sent to the department head, in writing, at least fifteen (15) calendar days prior to the date of resignation. Employees sepazated from employment by reason of dischazge, retirement, or death shail be ganted snch vacation pay as has been earned and remains unused at the time of separation. Employees granted more vacation time than earned at the time of separation from employment shall pay the Employer for such uneamed vacation. ARTICLE 14 - HOLIDAYS 14.1 In addition to what is provided in Saint Paul Ordinance No. 6446, add one additional floating holiday which is to be added to the vacation schedule by increasing vacation by .2 (two-tenths) times the number of hours designated as the work week. 14.2 Effective 1986 and in addition to 14.1 above, add one additional holiday (Martin Luther King Day) to the vacation schedule by increasing vacation by .2 (two-tenth) times the number of hours designated as the work week. • 143 In addition to what is provided in Section 14.1 and 14.2 above, and the St. Paul Ordinance No. 6446, add one additional tour of duty holiday. In each yeaz of this agreement, this tour of duty Holiday may, at the option of the employee: (1) Be added to the employee's vacation schedule, or (2) the employee may choose to receive payment at his regular rate of pay in lieu of taking time off on the additional tour of duty Holiday provided herein. If the Employer has not received and approved an employee's request for his/her additional tour of day Holiday time off by November 15 of each calendar yeaz, such employee can only receive payment at the regulaz rate of pay and can no longer elect to take time off for that catendar year. Such payment shall be made no iater than the las[ regulazly scheduled pay day of that calendar year 14.4 On January 1,1999, all employees in the tiUes of Chief Fire Investigator, Fire Communications Chief, Fire District Ctrief and Fire Training Officer with a m;n;mum of 15 yeazs of service will be provided one additional tour of duty holiday. This holiday is subject to the same conditions ideatified in Section 143. 14.5 For those employees assigned to a work week other than Monday through Friday, the holiday shall be observed on the caleadar date of the hotiday. 14.6 Eligibility for Holiday Pay and Floating Holidays shall be in accordance with Section 1 (one) Subsection I of the SaIary Plan and Rates of Compensarion Resolution. . 12 9R-y8`�I ARTICLE 15 - SICK LEAVE AND PARENTAL LEAVE I5.1 Sick leave shail be eamed and granted in accordance with the Civil Service Rules. • 15.2 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 azrangemeau for the care of such sick or disabled persons. Such paid leave shall be drawn from the empioyee's accumulated sick leave crediu. Use of such sick leave shall be limited to the number of hours designated to be the employee's work week per incident. 153 Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, may be granted one day of sick leave to attend the funeral of the employee's grandpazent or grandchild. 15.4 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 to vacation at the rate of one-half day's vacation for each day of sick leave credit. No employee may convert more than ten (10) days of sick leave in each calendar yeaz under this provision. 15.5 Maternitv and Pazental Leave. Pregiant 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 certification 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 shall be granted to a natural pazent or an adoptive pazent, 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 Empioyer. Refusal on the part of the Employer to grant an extension of such leave shall not be subject to the provisions of Article 6 of this Agreement. Employees who retum following such leaves of absence sha11 be placed in a position of equivalent salary and tenure as the one held just prior to the beginning of their leave. ARTICLE 16 - SEVERANCE PAY 16.1 Effective January 1, 1990, the employer shall provide a severance pay program as set forth in this Article 16. 16.2 To be eligible for the severance pay program, an employee must meet the following requirements: • 13 ARTICLE 16 - SEVERANCE PAY (Continued) 16.2.1 The empToyee must be voluntarily separated from City employment or have been subject to separation by lay-off or compulsory retirement. Those employees who aze dischazged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City Severance pay program. 16.2.2 The employee must file a waiver of reemployment with the Human Resovrces D'uector, which will cleazly indicate that by requesting severance pay, the employee waives all ciaims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 16.23 The employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of lus sepazation from service. 163 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 heid by the employee on the date of separation for each day of accrued sick leave subject to a maXimum as shown below based on the number of years of service with the City. Years of Service with the Citv At least 20 21 22 23 24 25 Maximum Severance Pav $ 5,000 6,000 7,000 8,000 9,000 10,000 However, any employee sepazated from City employment on or after January 1, 1992 who has an accumulated balance of at least one thousand eight hundred fifty (1,850) hours of sick leave credits and at least twenty-five (25) years of service at the time of his/her sepazation from service shall be granted severance pay in the amount of thirty thousand dollazs ($30,000). Employee with twenty (20) or more years of service who is ruled disabled and is receiving a disability pension and who has 1850 hours of accumulated sick leave shall be allowed the maximum severance benefit of $30,000. The manner of payment of such severance pay shall be made in three consecutive annual payments of ten thousand dollars ($10,000) each. The annual payments shatl be made in February of each yeaz. T'he fixst payment shall be made during the month of February in the yeaz following the year in which the employee separates his/her employment. � • � 14 99-ya�f ARTICLE 16 - SEVERANCE PAY (Continuedl 16.4 For the purpose of this severance program, a death of an employee shall be considered as � separation of employment, and if the employee would have met all of the requirements set forth above at the time of lris or her death, payment of the severance pay may be made to the employee's estate or spouse. 16.5 �'or the purpose of this severance program, a transfer from the City of Saint Paul empioyment to Independent School IJistrict No. 625 employment is not considered a sepazation of employment, and such transferee shall not be eligible for the City severance program. i 16.6 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 16.7 The manner of payment of severance in amounts of ten thousand dollars ($10,000) or less shall be made in accordance with the provisions of City Ordinance No. 11490. ARTICLE 17 - WAGES 17.1 VJhen the 1994 rates for Fire Captain Pazamedic aze determined, the steps in the 1994 salary range for District Fire Chief shall be adjusted to reflect a fifteen percent (15%) differential above the corresponding step in the 1994 salary range for Fire Captain Paramedic. The 1994 Fue Captain Pazamedic rates on which the 15% differential is based shail not include any amount that has been added to the Fire Captain Paramedic's rate in lieu of an Employer's insurance contribution. This same process shall be repeated to determine the final 1995 and 1996 rates for the tide of District Fire Chief. The biweekly rates for titles other than District Fue Chief covered by this Agreement shall be adjusted each yeaz to reflect the percent as shown below of the 1994, 1995 and 1996 rates appiicable to the title District Fire Ckuef. TITLE Fire Dispatch Supervisor Assistant Fire Marshal Emergency Preparedness Coordinator Fire Communications Cluef Fire Training Ofifcer Chief Fire Investigator Deputy Fire Cluef Fire Mazshal Emergency Paramedical Service Chief • PERCENT of DISTRICT FIRE CHIEF 85.7% 913% 92.9% 100.0% 10�.0% 100.0% 1083% 1083% 1083% 15 ARTICLE 17 - WAGES (Continued) Such adjustments shall be effective on the first day of the first payroll period of the respective year. � The wage schedule for the purpose of flus Agreement shall be Appendix B attached hereto. 172 Any Fire Captain assigned as a paramedic with 15 yeazs of service who is promoted to Fire District Chief shall begin at the 10 yeaz step effective January 1, 1994. 17.3 The wage schedule for the purpose of this Agreement shall be Appendix B attached hereto. For 1998, the wage schedule in Appendix B will be increased by 23% effective January, 1998 and 3% effective July, 1998. For 1999, the wage schedule in Appendix B will be increased by 2% effective January, 1999, and by .5% effective July, 1999. ARTICLE 18 - RESIDENCE 181 The residency requirements as passed by the City Council on December 30, 1983, under Councit File No. 279643, shall apply to all employees covered by this Agreement. ARTICLE 19 - INCAPACITATION 19.1 Employees injured during the course of employment and thereby rendered incapable of ` perfornung job duties and responsibilities shall receive futl wages during the period of incapacity, not be exceed the period equal to twelve (12) months plus accumulated sick leave. It is understood that in such cases, the tweive (12} month period shall first be utilized and only when same is eachavsted shall accumulated sick leave be applicable. 19.2 Employees disabled through injury or siclaiess other than specified in Section 19.1 above shall receive fuil wages for a period equal to accumulated sick leave, plus six (6) months as provided herein. It is understood that in such cases, accamulated sick leave shall first be utilized before the six (6) months, or any part thereof, shall be applicable. It is further understood that the six (6) month period shall be available to members in this unit only in those years where the last available Annual Report of the City Civil Service Office shall show average sick leave used per member of the Saint Paul Fire Department (based on the 1972 Annual Report method of calculating same), of eight (8) days or less. 193 Employees injured or incapacitated by illness in the Iine of duty shall be entitled to reinstatement at any time within five (5) yeazs from the date of injury or incapacity provided they are physically capabie of rPS�m�ng their job. 19.4 Except as specificatly provided in ttris Article, all illness and incapacity rules and policies previously in effect shall continue. � 16 ARTICLE 20 - DRUG AND ALCOHOL TESTING 99-y�y 20.1 Policy: The Fire Department recognizes illegal drug and alcohol usage as a threat to the • pubiic welfare and the employees of the department. Thus, the Fire Department will take the necessary steps, including drug and alcohol testing, to eliminate illegal usage. It is the goal of this policy to prevent and rehabilitate rather than terminate the employment of workers who aze abusing drugs or aicohol. No member of the Fire Depar�ent shall be discharged for illegal drug or alcohol use without first having been offered the opportunity to discontinue use either through personal choice or by treatment for chemicat dependency, if such treaiment is needed. The Union agrees, at the Employer's request, to re-open negotiations of tlus Article during the term of this Agreement. 20.2 Informing Employees About Drug and Alcohol Testing: All employees will be fully informed of the Fire Department's drug testing policy before testing is administered. Employees will be provided with information concerning the impact of the use of drugs or alcohol on job performance. In addition, the employer shall inform the employees of how the tests aze conducted, how well the tests perform, when the tests will be conducted, what the tests can determine, and the consequences of testing positive for drug or alcohol use. All newly hired employees will be provided with this information on their initial date of hire. No employee shall be tested until this information is provided to him. 203 Employee Tesring: No employee will be tested for drug or alcohol abuse unless there exists reasonable suspicion to believe that the employee to be tested is under the influence of illegal drugs or alcohol. Random or mass testing is prohibited. No such testing may be conducted without the written approval of the officer in charge of the unit. The officer in • chazge must document in writing who is to be tested and why the testing was ordered. Failure to follow any of these procedures shall result in the elimination of the test results as if no test had been administered. The test results shall be destroyed and no discipline shall be levied against the employee. 20.4 Urine collection shali be conducted in a manner which results in a legally acceptabie sample as well as providing a high degree of security for the sample, &eedom from adulteration of the sample, the highest possible accuracy of the clinical results while at the same time preserving the dignity of the employee. Administrative procedures shail be such as to prevent the submission of fraudulent tests. When appropriate, biologic testing of the samples may be included as part of such administrative procedures. In testing which could result in employee discipline, if the test result is positive, a split sample shall be reserved for independent analysis which shall be performed at the request of the affected employee. Upon request, an employee shail be entitled to the presence of a union representative before testing is administered. 20.5 Testing Procedures: All samples shall be tested for Chemical Adulteration, Nazcotics, Cannabis, PCP, Cocaine, Amphetamines, Alwhol and Sedatives. The testing shall be done by a Selected Laboratory and the following standards shall be used: • 17 Drug Testing Standards Alcohol Dru� Group -.�. -. ,: .02 concentration as shown by an analysis of urine Drug or metabolite detected Amphetamine Methamphetamine Cocaine metabolites Benzoylecgonine Marijuana metabolites delta-9-THG9-COOH Opiate metabolites Phencyclidine Bazbiturates Benzodiazepine metabolites Methadone Methaqualone Propoxyphene Codeine Total Morphine PCP Secobazbital Pentobazbital Phenobarbital Butabazbital Oxazepam Methadone Methaqvalone Propoxyphene Norpropoatyphene 300 ng/ml 300 ng/ml GC/MS • ConfirmaHon 500 ng/ml 500 ng/ml 150 ng/ml 15 ng/ml 300 ng/ml 300 ng/ml 25 ng/ml 1,000 ng/ml I,000 ng/ml 1,000 ng/ml 1,000 ng/ml 304 ng/ml 300 ng/ml 300 ng/ml 300 ng/ml 300 ng/ml Any sample which has been adulterated or is shown to be a substance other f.han urine shall be reported as such. All samples which test positive on a screening test shall be confirmed by gas chromatography-mass spectrophotometry, and no records of unconfirmed positive tests shail be released or retained by the laboratory. Testing shall be conducted in a manner to insure that an employee's legal drug use does not effect the test results. All results shall be evaluated by a suitably trained occupational physician or occupational nurse prior to being reported. Test results shall be treated with the same confidentiality as other employee medical records. The test results shall not be reported outside the Fue Depaztment. Initial Test levei ng/ml 1,000 ng/ml 1,000 nglml 300 nglml 15 ng/ml 300 ng/ml 300 ng/ml 25 ng/ml 300 ng/ml 1,000 ng/mi 3,000 ng/ml 1,000 ng/ml 300 ng1m1 300 ng/ml 300 ng/ml • • m � ARTICLE 20 - DRUG AND ALCOHOL TESTING (Continued) � g_ � � 20.6 Chemical Dependency Program: Each person whose urine tests positive for illicit • drugs shall be medically evaluated, counseled and treated for rehabilitation, if required. In addition, at any time an empioyee may voluntarily enter the chemical dependency program without fear of disciplinary actions against him. This Program is designated to provide care and treatmeat to employees who aze in need of rehabilitarion. Details concerning treatment any empioyee receives at this Program shall remain confidential and shatl not be released to the public. The employee shall be responsible for the cost oftreatment. No employee shatl be relieved or transfeaed to other than his usual duties on the basis of one test result atthough the employee may be re-evaluated for his duty assignment. When undergoing treatment and evaluation employees shall receive the usual compensarion and fringe benefits provided at their assigned position, 20.7 Right of Appeal: Each employee has the right to challenge the results of drug or alcohol testing in the same manner that he may grieve any managerial action. 20.8 Duty Assignment After Treatment: Once an employee successfully completes rehabilitation, he shall be returned to his regulaz duty assignment. Bmployee reassignment during treatment shail be based on each individuai's circumstances. If follow-up caze is prescribed after treatment, this may be a condition of employment. Once treatment and any follow-up care is completed, at the end of two yeazs the records • of treatment and positive drug or alcohol test results shall be retired to a closed medical record. The employee shall be given a fresh start with a clean administrative record. 20.9 Right of Union Participation: At any time, the Union, upon request, will have ttie right to inspect and observe any aspect of the drug and alcohol testing program with the exception of individual test results. The Union may inspect individual test results if the release of this information is authorized by the employee involved. 20.10 Union Held Harmless: This drug and alcohol testing program is solely initiated at the behest of the empIoyer. Tfie Fire Department shall be solely liable for any 2ega1 obligations and costs arising out of the provisions and/or application of this collective bargaining agreement relating to drug or alcohol testing. The Union shall be held hazmless for the violation of any worker rights arising from the administration of the drug or alcohol testing program. 20.11 Conftict with Other Laws: This Article is in no way intended to s¢persede or waive an employee's federal or state constiturional rights. • 19 ARTICLE 21- OVERTIlI� 21.1 Employees required to work in excess of their assigned tour of duty will be compensated at the rate of one and one-half (1.5) times the employee's normal rate. Such • compensation shall be made in cash or in compensatory time at the option of the Employer. 21.2 The purpose of tlus section is to effectively eliminate three (3) Fire Dis�ict Chief positions, i.e., those positions which have been haditionally l�own as the pool of Fire District Chiefs. Beginning December 31,1997 the employer may assign Fire Captains to perform the duties of Fire District Cluefs only in accordance with subsections 2.1, 2.2, and 23 below. 21.2.1 All Fire Chiefs assigned and available for work on a shift aze working as Fire Depury or Dis�ict Chief. 21.2.2 The Department may assign Captains as out-of-title Distdct Cluefs for any scheduled absence (Scheduled absence, as used herein, is an absence that will be irnown when a segment schedule is pregazed and distributed for the next, i.e., immediately following segment) However, the out-of-tide assignments will not occur until Deputy and District Chiefs, as a group have scheduled or eamed, within the calendar year, $97,417 in overtime. This overtime will be earned by filling Deputy and District Chief scheduled absences. 21.23 The Association will determine the method and be responsibie for distributing • the scheduled overtime tours of duty among the Deputy and District Chiefs. Ttris will be done to the satisfaction of the employer that quatified personnel are filling the positions. ARTICLE 22 - DISCIPLINE 22.1 The Employer may discipline employees in any form listed below: Oral Reprimand VJritten Reprimand Suspension Demotion The Employer will discipline employees for just cause only and in accordance with the concept of progressive discipline. Employees who aze disciplined pursuant to the terms of this Article may appeal the Employer s disciplinary action thmugh the grievance procedure set forth in Article 6 of this Agreement or to a Civil Service authority pursuant to the rules and procedures of . such authority. 20 • ARTICLE 23 - POSITION OPENIIVGS 23.1 To expedite the filling of vacancies under the civil service procedures, the head of the department or designated representative will: �y -N 8y Make requisition for certification of eligibles to fill a vacancy within fifteen (15) days after determin;ng that a vacancy exists. Within fifteen (15) days after the department head has met with the certified eligibles, he/she will fill the vacancy. If no eligible list is in effect when a vacancy occurs, the degartment hr�d sball, within fifteen (I S} days, request the Human Resources I3irector to conduct an examination for the purpose of establishing an eligible list. Nothing in this Article 23 shall be construed to eliminate or lessen the Department Head's right to determine the number of employees in any class title. � ARTICLE 24 - CITY MILEAGE 24.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and empioyees for the use of their own automobiles in the performance of their duties, the foilowing provisions aze adopted. 24.2 Method of Computation: To be eligible for such reimbursement, all o�cers and employees must receive written authorization from the Department Head. Type 1 If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $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 shail be reimbursed $.20 per mile for each mile actuaily 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 empioyee's use but the employee desires to use his/her own automobile, then the employee shali 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 REGiJLARLY 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. C� 21 ARITCLE 24 - CIT'Y MII.EAGE (Continued) 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. 243 The City will provide pazldng aY the Civic Center Pazking Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to have their personal car available for City business. Such parking will be provided only for the days the employee is required to have his or her own personal car available. 24.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobiie reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than $100,000($300,000 for personat injury, and $25,000 for property damage, or Iiability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the City Clerk. C� • 22 99-y8y • • • ARTICLE 25 - DURATION OF AGREEMENT 25.1 Except as herein provided, this Agreement sha11 be effective as of the date the Agreement is executed by the parties, and shall continue in full force and effect through the 31 st day of December, 1999, and thereafter unril 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 Minnesota Public Employment Labor Relations Act of 1984. 25.2 The wage schedule attached hereto as Appendix "B" shall take force and effect at such time as is specified in the administrative resolution recoguiziug and approving this Agreement in accordance with Secfion 12.09 of the Saint Paul City Charter. Signed this�8�' day of May, 1999 CITY OF SAlNT PAUL C:�2� Susan Kimberly Chief of Staff SAINT PAUL FIRE SUPERVISORY ASSOCIATION Donato Bataglia, President 23 APPENDIX A Regulation "West Point" long sleeve police shirt . Regulation "West Point" short sleeve police shirt Rauking Officer's white uniform shirt, long sleeve, West Point 7500C Ranking Officer's white uniform shirt, short sleeve, West Point 7500C Jersey type long sieeve sweat shirt, navy blue - Wilson 8632 Jersey type 3/4 sleeve sweat shirt, navy blue - Wilson 8632 Fechheimer Bros. nauy blue trousers 32200 Fechheixner Bros. navy blue trousers 32250 Jacket - Light waight, waist style Fechheimer 32100 Fur coat - Energy 100FD - Sizes 48 - 50 add 10°/a - longs add 10% Jacket - California thermal chief - Horace Sma11 Pazka - Navy - Butwin 111 SP Regular sizes 34 - 46 Extra sizes 48, 50, 52, Long • Liners for summer uniform fire fighter jacket - Fechheuner Bros. 32704 Sewing Costs: No cost when ordered with jacket, otherwise .. Caps Trooper Cap Chiefs Navy-Stype Midwest-N. W. 8 pt. Midwest-N. W. Belts - leather - black - 1.5 inch Shoes Wedge style oxford - Red Wing shoe #101 Slip on style oxford - FLOAT-AWAYS #J5347 Slip on style o�ord - FLOAT-AWAYS #J5318 Lace style oxford - FLOAT-AWAYS Z5096 Slip on style oxford Weinbrenner 1635 Slip on style oa�ford Weinbrenner 1435 Lace style oxford T5152 Mocc toe Lace style oxford Weinbrenner 1225 Lace style oxford Weinbrenner 1250 Socks Munsingweaz #40 Munsingwear #415 - stretch style • Ties - black, 4-in-hand, or snap-on style y9 -48� Ai ti APPENDIX B: BIWEEKLY RATES • Salary ranges applicable to titles covered by this Agreement shail be as shown below: Effective January 3, 1998 Two and three-tenths percent (23%) increase Effective July 4, 1998 Zero and three-tenths percent (03%) increase Effective January 2, 1999 Two percent (2.0%) increase Effective July 3, 1999 Zero and five-tenths percent (0.5%) increase GRADE 041 ---------------- 422A FIRE DISPATCH SUPERVISOR A B C D E F 10-YR. 15-YR. �i) �Z) �3) �4) �5) �6) ��) �g) Ol/03/98 1737.62 1823.45 1913.59 1989.97 2090.66 2174.53 2286.43 234238 07/04/98 1742.83 1828.92 191933 1995.94 2096.93 2181.05 2293.29 2349.41 01102/99 1777.69 1865.50 1957.72 2035.86 2138.87 2224.67 2339.16 2396.4Q 07/03/99 1786.58 1874.83 1967.51 2046.04 2149.56 2235.79 2350.86 240838 '�� 1„ C� 031 ASSISTANT FIRE MARSHAL Ol/03/98 1851.17 1942.60 2038.63 2120.01 2227.28 2316.63 2435.81 2495.44 07/04/98 1856.72 1948.43 2044.75 2126.37 2233.96 2323.58 2443.12 2502.93 Ol /02/99 1893.85 1987.40 2085.65 2168.90 2278.64 2370.05 2491.98 2552.99 07/03/99 190332 199734 2096.08 2179.74 2290.03 2381.90 2504.44 2565.75 � �� 057A EMERGENCY PREPAREDNESS COORD C _� Ol/03/98 1883.61 1976.63 2074.37 2157.16 226630 2357.25 2478.50 2539.18 07/04/98 1889.26 1982.56 2080.59 2163.63 2273.10 236432 2485.94 2546.80 Ol/02/99 1927.05 202221 2122.20 2206.90 2318.56 2411.61 2535.66 2597.74 07/03/99 1936.69 203232 2132.81 2217.93 2330.15 2423.67 254834 2610.73 �19-y8�f : � ��. 492A CHIEF FIRE 1NVESTIGATOR 672 FIRE COMNIIJNICATIONS CHIEF 150 FIRE DISTRICT CHIEF 691 FIRE TRAINING OFFICER Ol/03/98 2027.58 2127.72 2232.90 2322.04 2439.52 2537.41 2667.94 2733.24 07/04/98 2033.66 2134.10 2239.60 2329.01 2446.84 2545.02 2675.94 2741.44 Ol(�2/99 207433 2176.78 228439 2375.59 2495.78 2595.92 2729.46 2796.27 07/03/99 2084.70 2187.66 2295.81 2387.47 2508.26 2608.90 2743.11 2810.25 ' � � i�. 193A DEPUTY FIRE CHIEF 179A EMER PARAMEDICAL SERV CHIEF 186 FIRE MARSHAI,L . i A B C D E F 10-YR. 15-YR. �1) �2) �3) �4) �5) �6) ��) �8) Ol/03/98 2195.87 230430 2418.23 2514.75 2641.99 2747.99 2889.37 2960.10 07/04/98 2202.46 2311.21 2425.48 2522.29 2649.92 2756.23 2898.04 2968.98 Ol/02/99 2246.51 2357.43 2473.99 2572.74 2702.92 281135 2956.00 302836 07/03/99 2257.74 236922 248636 2585.60 2716.43 2825.41 2970.78 3043.50 • C� : O I��V��rl� RESOLUTION OF SAINT PAUL, MINNESOTA Presented Refened To Council File # �q —4g�{ Green Sheet # 63938 Committee Date 2 3 C] RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached January l, 1998 through December 31, 1999 Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul Fire Supervisory Association. ° Yeas Na s Absent Benanav p / Blakey � Bostrom ✓ Coleman � Hams � Lantry � Reiter / Adopted by Council: Date Adoption Ce ' by Council _ / By: --�� —` Approved by May � Date �� Z U��f� � Requested by Department of. Office of Labor Relations By: �� ' � L ' — d � 7 `��"`� �c Form Ap oved Attomey B ��a/�`°� 6 f ► �� Approved by Mayor for Submission to Council By: �✓r � aq -�,r�{ ATTACHIvIENT TO TI� GREEN SHEET The Saint Paul Fire Supervisory Association Below is a summary of the changes in the Collective Bazgaiuing Agreement between the City and the Saint Paul Fire Supervisory Association. The new contract is for the period of January 1, 1998 through December 31, 1999. Wages: 1998: 2.6% (Splits*: 01l98 23%; 07l48 03%) 1999: 2.5% (Splits: Ol/99 2.0%; 07/99 0.5%) * Wage implementation dates Health Insurance: )9q9 ; -�99&: Single $285.00 per month Family $378.82 per month aooc : �J9: Single $275.00 per month Family $397.11 per month The single contribufion is reduced by $25.00 over 1998 and 1999. This means the unused benefit dollar amount retumed to employees at the end of the year has decreased, this helps accomplish the Ciry's goal of paying benefit dollars for benefits. Regarding family coverage, other units have settled at $368.82 + 50%. Since premiums dropped this means no increase for them. Since the Saint Paul Fire Supervisory Association lowered the single amount by $25.00 the City gave a dollar amount of $10.00 to family coverage. The Fire Supervisory Association also agreed to a reduction in the married couple rule. This rule applies only to Fire Supervisory Association, Firefighters Loca121 and Police. When both spouses are employed by the City, one takes coverage, the other gets the full $300.00 per month back at the end of the year. Now the spouse with no coverage will receive back only the actual amount of the single contribution, since the City would have to putchase this from the insurance company anyway. The Association reduction conesponds with the reduction negofiated by a11 of the above named bargaiuing units. �q -'�.8'`� Attachment to the Crreen Sheet The Saint Paul Pire Supervisory Association Page 2 Tour of Duty Holiday: One tour of duty day is added only for employee titles within the Dishict Chief category in Appendi� B. The additional day is effective in 1999. Elimination of Administrative Fee: The Saint Paul Fire Supervisory Association and the City agreed to eliminate the aduiinistrative fee of $0.50 per month. Costs: Wages Health Insurance 1998 $39,532.88 1999 $34,211.14 $2,153.76 $0.00 $3,574.80 $96.00 $40,035.70 $720.00 Amend Married Couple Rule Tour of Duty Holiday Elimination of Adm Fee Total: $ $40,252.88 Language Changes (summary) The contract includes other changes to contract language which are housekeeping in nature. DEPARTMENT/OFFiCE/COUNCII.: DATE INITIATED GREEN SHEET No.: 63938 \•� `v � LABOR RELATIONS CONTACI' PERSON & PFIONE: � �NiTG�LDn7'E �Nfi7AUDAh JLJLIE KRAUS 266-6513 p�IGN 1 DEPARTMEN'C DI . k#< 4 CITY COUNCIL NUMBER 2 CI"I'Y ATIORNEY �(� \ CITY CLERK MUST BE ON COUNCII. AGENAA BY (DA1"E� FOR BUIXiEI' DIR. � jir FIN. & MGT. SERVICE DIR ROIJTING 3 MAYOR (OR ASST.) f _ � � � � ORDER l0 TOTAL # OF SIGNA'1'URE PAGE9 I (CLIP AI.L LOCATIONS FOR SIGNATURE) ncrcox �QuFSren: This resolution approves the attached January 1, 199$ — December 31, 1999 Collecrive Bazgaining Agreement between the City of Saint Paul and the Saint Paul Fire Supervisory Association. RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONCRACI�S MUST ANSW ER THE FOLLOWING QUESTIONS: PLANNING COMMISSION _CML SERVICE COMMISSION I. Has ihis person/ficm ever workeA under a contract for ihis deparlmenY! CIB COhfMITTEE Yes No STAFF 2. Has [his person/firtn ever been a city employee? DISTRiCT COURT Yu No SUPPORTS WHICH COUNCIL OBJECTIVE? 3. Does this person/firm possess a skill not nortnalty possessed by any curtent city employeel Yu No Ezplain all yes answers on separah sheet and attach to grcen shcet ' INITIATWG PROBLEM, ISSUE, OPPORT[JNT['Y (Who, Wha4w'hen, W6ere, Why): � nnvnrrrncES tF nrrxovEn: An Agreement in place through December 31, 1999. DISADVANTAGES IFAPPROVED: NOI10 � nrsnuvarrrncES iF xoT nrrxovEV: The relationship between this unit and the City would be strained. This unit would be on an unequal footing with other Public Safety Units. TOTAL AMOUNT OF TRANSACTION: $ COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVITY NUMBER: F'INANCIAL INFORMATION: (EXPLAII� C(sU€�'-� �gS�.?=.t^�`;'+.�.+�ii:-' JU6d � � 1��9 � _ :�5 `�� 199�= i99Q ` _ - - � � � � � A�REE1t�NT' �� _ , = bet�veeu � � � � � , � �. �-- _� ,�y _�°. - � " THE C�T'Y {��',SA�NT PAUi� X�� - � � anx�.�= - _ , - . { - � � E 'T�IE S��l'�T.FAUL� F� S�JPERViSOR� ASSOC�2��I�l�i �z � - � _ � �� - _ d . � ARTICLE TITLE �7�[e7�, 1 Purpose ..........................................................1 2 Definitions .......................................................1 3 Recognition ......................................................2 4 Security .........................................................3 5 Empioyer Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Grievance Procedure ...............................................3 7 Savings Clause ....................................................6 8 Uniform Allowance ................................................6 9 LegalServices ....................................................7 10 Seniority .........................................................7 11 12 13 14 • 15 q4-y�y Ca1lBack ............................. Insurance ............................. Vacation .............................. Holidays .............................. Sick Leave and Parental Leave . . . . . . . . . . . . ..........................7 ..........................8 .........................il .........................12 .........................13 16 Severance Pay ...................................................13 17 Wages ..........................................................15 18 Residence .......................................................t6 19 Incapacitation ....................................................16 20 Drug and AlcoholTesting ..........................................17 21 Overtnne .......................................................20 22 Discipline .......................................................20 23 Position Openings ................................................21 24 City Mileage .....................................................21 25 Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Appendix .............................................. A1 Appendix .............................................. B1 INDEX • � C , J ARTICLE 1- PURPOSE 9 ��y 8 � 1.1 The Employer and the Saint Paul Fire Supervisory Association (SPFSA) agree that the purpose of entering into this Agreement is to: 1.1.1 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of performance that is consistent with the well being of all concemed. 1.1.2 Establish the full and complete understanding of the parties conceming the terms and conditions of this Agreement. 1.1.3 Establish procedures to orderly and peacefully resolve disputes as to the application of interpretation of this Agreement. 1. t.4 Place in written form the paRies' agreement upon terms and conditions of employment for the duration of this Agreement. AIiTICLE 2 - DEFIIITITIONS 2.1 2.2 • 23 2.4 2.5 2.6 2.7 • Association: Saint Paul Fire Supervisory Association (SPFSA) Employer: The City of Saint Paul Association Member: A member of Saint Paul Fire Supervisory Association (SPFSA). Employee: A member of the exclusively recognized bazgaining unit as certified by the State Bureau of Mediation Services in Case No. 78-PR-1056-A dated August 1, 1978. Vacancy: As determined by the department head, a funded position opening in a class specified in Article 3.2. Position: Any specific office, employment or job in the Fire Departrnent in a class specified in Article 3.2. Tour of Duty: A. For a fifty-six (56) hour work week employee: The performance of job duties and acceptance of the responsibilities of a position for a consecutive and uninteaupted twenty-four (24) how period from 8:00 am. on a calendar day to 8:00 a.m. on the following calendar day. B. For a forty (40) hour work week employee: The performance of job duties and acceptance of the responsibilities of a position for a consecutive and uninterrupted eight (8) hour period within a calendar day. 1 ARTICLE 2 - DEF'INITIONS (Coatinued) C. Notwithstanding B above, employees assigned to a forty (40) hour work week may, through mutual agreement with the Employer, work schedu]es other than • schedules limited by B above. Overtime compensation for employees working under such agreements shall be subject to the provisions as set forth by the Fair Labor Standards Act. 2.8 Department: The fire department of the City of Saint Paul as established and amended from time to time pursuant to Section 9A1 of the City Charter. 2.9 Overtime: Work performed by an Employee in excess of the Employee's tour of duty by order of the Employer. 2.10 Overtime Pay: For employees assigned to a fifty-six (56) hour work week, overtime pay, for the purpose of Article 21, will be based on a fifty-six (56) hour work week. For employees assigned to a forty {40) hour work week, overtime pay, for the purpose of Article 21, will be based on a forty (40) hour work week. ARTICLE 3 - RECOGiVITION 3.1 The Employer recognizes the SPFSA as the exclusive representative for the purpose of meeting and negotiating the terms and conditions of employment for supervisory Fire Department personnei. 3.2 Job classes which aze within the bazgaining unit and covered by this Agreement are as • foliows: Assistant Fire Marshal Chief Fire Investigator Deputy Fire Chief District Fire Chief Fire Communications Cluef Fire Dispatch Supervisor Emergency Paramedical Services Chief Emergency Preparedness Coordinator Fire Marshal Fire Training Officer 33 In the event the Employer and the Association are unable to agree as to the inclusion or exclusion of a new or modified job position, the issue shall be submitted to the Bureau of Mediation Services for detPrminaron. • F� 99-y8� ARTICLE 4 - SECURITY 4.1 The Employer shall deduct from the wages of Employees who authorize such a deduction � in writing an amount necessary to cover monthly Association dues and assessmenu. � Such monies shaIl be remitted as directed by the Association. 4.2 The Association may designate Employees from the bazgaining unit to act as stewards and shall inform the Employer in writing of such choice. 4.3 The Association agrees to indemnify aad hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the city as a result of any action taken or not taken by the city under the provisions of this article. ARTICLE 5 - EMPLOYER AUTIiORITY 5.1 The SPFSA recognizes the prerogatives of the Employer to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The prerogatives and authority which the Employer has not officially abridged, delegated or modified by this Agreement aze retained by the Empioyer. 5.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include but aze not limited to, such areas of discretion of policy as the functions and programs of the employer, its overall budget, utilizarion of technology, and organizational structure and selection and direction and number of � personnel. ARTICLE 6 - GRIEVANCE PROCEDURE 6.1 DEFI1vITION OF GRIEVANCE: A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of the Agreement. 6.2 SPFSA REPRESENTATIVES: T'he Employer will recognize representatives designated by the SPFSA as the grievance representatives of the bazgaining unit having the duties and responsibilities established by this Article. The SPFSA shail notify the Employer in writing of the names of such SPFSA representatives and of their successors when so designated. L� 3 ARTICLE 6 - GRIEVANCE PROCEDURE (Continued) 63 PROCESSING OF GRIEVANCE: It is recognized and accepted by the SPFSA and the Employer that the processittg of grievances as hereinafter provided is limited by the job � duties and responsibilities of the Employee and shall therefore be accomplished during normat working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and the SPFSA shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normai working hours provided the Employee and the SPFSA representatives have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimentaI to the work prograni of the Employer. 6.4 PROCEDURE: Grievances, as defined by Section 5.1 shall be resolved in conformance with the following procedure: Sten 1 An Employee claiming a violation conceming the interpretation or application of the Contract shall within twenty-one (21) calendar days after such aileged violation has occurred present such grievance to tfie Employee's supervisor as designated by the Employer. The Employer designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendaz days after receipt. A grievance not resolved in Step 1 and appealed in Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Contract allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not • appealed in writing to Step 2 by the SPFSA within ten (10) calendar days shall be considered waived. St¢A 2 If appealed, the written grievance shail be presented by the SPFSA, and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the SPFSA the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representative's Step 2 answer. Any grievance not appealed in writing to Step 3 by SPFSA within ten (10) calendar days shall be considered waived. Sten 3 If appealed, the written grievance shatt be presented by the SPFSA to, and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the SPFSA the Employer's answer in writing within tea (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed by the SPFSA to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer in Step 3. Any grievance not_appealed in writing to Step 4 by the SPFSA within ten (10) calendar days shatl be considered waived. . 4 � ARTICLE 6- GRIEVANCE PROCEDURE (Continued) ��— 7 � J Oprional Mediation Steg C� If the grievance bas not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendar days, request mediation. If the parties agree that the grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediation Services for the assignment of a mediator. Grievance mediation shall be completed within thirty (30) days of the assignment unless the parties mutually agree to lengthen the time limit. 2. Grievance mediarion is an optional and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance azbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to azbitration shall be delayed for the period of inediation. 3. The grievance mediation process shall be informal. Rules of evidence shall not apply, and no record shall be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and azgument to support their case. The mediator may meet with the parties in joint session or in separate caucuses. • 4. At the request of both parties, the mediator may issue an oral recommendation for settlement. Either party may request that the mediator assess how an azbitrator might rule in this case. 5. The grievant shall be present at the grievance mediation proceeding. If the grievance is resolved, the grievant shall sign a statement agreeing to accept the outcome. Unless the parties agree otherwise, the outcome shall not be precedential. 6. If the grievance is not resolved and is subsequently moved to azbitration, such proceeding shall be de novo. Nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resolution or offers of settlement may be used or referred to during arbitration Stea 4 A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to arbitration subject to the provisions ofthe Public Employment Labor Relations Act of 1971. The selection of azbitrator shall be made in accordance with the 'Rules Goveming the Arbitradon of Grievances" as established by the Public Employment Relations Boazd. • 6.5 ARBITRATOR'S AUTHORI'TY: The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of the Agreement. The azbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the SPFSA, and shali have no authority to make a decision on any other issue not so submitted. 5 -. ARTICLE 6 - GRIEVANCE PROCEDiJRE (Continued) 6.6 The azbitrator shall be without 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 azbitrator's decision shall be submitted in writing within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. The decision shali be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. 6.7 The fees and eapenses for the azbitrators' services and proceedings shall be borne equally by the Employer and the SPFSA, provided that each parry shall be responsible for compensating its own representatives and witnesses. If eitfier parry desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the groceedings, the cost shall be shazed equally. 6.8 WAIVER: If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed e�ension thereof, it shall be considered settled on the basis of the Employer's last answer. ff the Employer does not answer a grievance or an appeat thereof wittun the specified time limits, tfie SPFSA may elect to treat the grievance as denied at that step and immediately appeal the grievance to the neact step. The time limit on each step may be extended by mutual written agteement of the employer and the SPFSA in each step. 6.9 RECORI}S: All documents, communications and records dealing with a grievance shall � be filed sepazately from the personnel files of the involved employee(s). ARTICLE 7 - SAVINGS CLAUSE 71 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 tlris Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions shali continue in full force and effect. The voided provision may be renegotiated at the written request of either party. ARTICLE 8 - UNIFORM ALLOWANCE 8.1 The 1972 base of Oae Hundred Twenty Dollars ($120.00) as a clothing allowance on a voucher system will be increased January 1,1974, and each year thereafter on the basis of a yearly study of the increased cost of the defined uniform. The 1972 base cost of the nni form is stipulated and attached as Appendix A. C � [, ARTICLE 8- iINIFORM ALLOWANCE (Continued) 97 �� 8 / ` 82 It is further understood that employees covered by this Agreement shall receive a clothing allowance which is Thirry ($30.00) dollazs greater than that provided by Article 8.1 of • ttus Agreement. ARTICLE 9 - LEGAL SERVICES 9.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the Employer shall defend, save harmless and indemnify an Employee, and/or his/her estate, against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance and scope of the Employee's duties. 9.2 Notwithstanding Article 9.1, the employer shall not be responsible for paying any legat service fee or for providing any legal service arising from any legal action where the employee is the Plaintiff. ARTICLE 10 - SEHIORIT'Y 10.1 Department Seniority: For the purposes of this Agreement seniority shall be defined as the length of continuous and uninterrupted employment in the fire department. 10.2 Loss of Department Seniority: An Employee will lose acquired department seniority in the foliowing instances: 10.2.1 Resignation • 10.2.2 Discharge 10.23 Retirement 103 Work Force Reduction: In the event of a reduction in the department work force, such reduction shall occur in acwrdance with Section 22 of the Civil Service Rules as of the date of the signing of this Agreement. 10.4 Reduction in Rank: Reduction in rank shall be in accordance with the Civil Service Rules as of the date of the signing of this Agreement. (Except as indicated below) 10.4.1 Reduction in rank for periods up to but no more than 30 consecutive catendar days will be by platoon seniority. 10.4.2 Reduction in rank for more than 30 consecutive calendar days shatl be in accordance with the Civil Service Rules as of the date of the signing of this Agreement. ARTICLE 11- CALL BACK 11.1 Employees required by the Employer to report for work during off-duty time will be compensated at the overtime rate in accordance with Article 2.10 of this Agreement. The min;mum payment under this Articie will be four (4) times the Employee's hourly rate. An eazly report of two (2) hours or less, or an extension of a nomially scheduled tour of • duty, shall not qualify an Employee for this �*+;nimum payment. � ARTICLE 12 - INSURANCE 12.1 The insurance plans, premiums for coverages, and benefits contained in the insurance . plans offered by the Employer shall be solely controlled by the contracts negotiated by the Employer and the benefit providers. The Emptoyer will attempt to prevent any • changes in the benefiu offered by the benefit providers. However, the employees selecting the offered plans agree to accept any changes in benefiu which a specific provider implements. 12.2 Eligibility for full-time benefits is defined as appearing on the payroll an average of at least sixty-four (64) hours per biweekly pay period for the twelve (12) month period preceding the annual open enrollment or speciat enrollments of the employment period preceding initial eligibility. 123 Effective Januazy 1, 1998, the Employer will contribute $285.00 per month for health insurance to eligible employees who select singie coverage. Further the Employer will contribute $378.82 per month to eligible employees who select family coverage. 12.4 Effecfive January, 1999, the Employer will contribute $275.00 per month for health insurance to eligible employees who select single coverage. The Employer will contribute $397.11 per month to eligible employees who select family coverage. 12.5 Under the cafeteria plan fuii-time, eligibte employees, must select at 2east single health insurance coverage and employee life insurance in an amount of $5,000. It is understood that these mandatory coverages may not be waived. 12.6 Effective January 1, 1999, each eligibfe employee will purchase an additional $5,000 in � Life Insurance coverage. Accordingly, the Employer will contribute an additional $1.65 per month for life insurance. Thus, the Employer's total contribution to the cafeteria plan is $276.65 per month for employees selecting single coverage and $398.76 per month for empioyees selecting family coverage. 12.7 Any unused portion of the Employer's contribution for which an employee is eligible is defined as unused benefit dollars, not salary, and shall be paid to the employee as taxable income. Such payment will be made during the month of December for the insurance year. For employees who terminate their employment with the City of Saint Paul, such payment shall be made within 90 days foIlowing termination. However, an employee whose spouse is aLso employed by the City of St. Paul and is eligible to participate in the city's health insurance plan will not be required to select the mandatory heaith insurance coverage as long as one of the spouses is participating in the city's health insurance plan with family coverage. The mandatory life insurance coverage continues to apply. In tlus event, only the difference between the cost of the mandatory life insurance and the employer contribution amount for single heaith insurance coverage shall be eligible for payment as unused benefit dollars. Effective 7anuary 1, 1999, the amount eligible for payment as unused benefit dollazs shall be the actual cost of the single health insurance premium, less the cost of the monthly life • insurance premium. f:7 �l �'y84 ARTTCLE 12 - INSURANCE (Continued) 12.8 Under the cafeteria plan, employees covered by this agreement will be eligible to • participate in the Flexible Spending Accounts offered by the Employer. The service fee charged for employees participating in the Dependent Care Account will be paid by the Employer. The service fee for employees participating in the Medical Expense Account will be paid by the employee. Survivor Insurance 12.9 In the event of the death of an active employee, the dependents of the employee shall have the option, within thirty (30) days, to continue the current hospitalization and medical benefits, including such plan improvements as may be made from time to rime, which said dependents previously had, at the premium and Employer contribution applicable to eligible eazly retirees. T'he date of death shall be considered to be the date of retirement. In the event of the death of an eazly retiree or a regulaz retiree, the dependents of the retiree shali have the option, within thirry (30) days, to continue the current hospitalization and medical benefits which said dependents previously had, at the premium and Employer contriburion accorded to the eligible deceased retiree. � In the event of the death of an empioyee killed in the line of duty, the Employer wili contribute 100% of the premium for either single or family health insurance coverage for eligible dependents. An eligible dependent who is not enrolled in the City's health insurance program at the time of the employee's death will have an option to enroli at the nea�t annual open enrollment period. It is understood that such coverage shall cease in the event of: 12.9.1 The subsequent remarriage of the surviving spouse of the deceased employee or retiree. 12.9.2 The employment of the surviving spouse where hospital insurance coverage is obtained through a group progracn provided by said Employer. However, it is fiu�ther understood that in said event, the surviving spouse shall have the right to maintain City health insurance coverage for the first ninety (90) days of said employment. Reriree Insurance 12.10 Employees who retire must meet the following conditions in order to be eligible for Employer contriburions listed in Articles 12.11 through 12.14 below towazd a health insurance plan offered by the Employer: � 12.10.1 Be receiving benefits from a public emplogee retirement act covering employees of the City of Saint Paul at the time of retirement, and :� AItTICLE 12 - INSURANCE (Retiree Insurance coatinued) 12.10.2 Have severed his/her relationship with the City of Saint Paul under one of the retiree plans,and • 12.103 12.10.4 Have completed at least 20 yeazs of service with the City of Saint Paul or be receiving a disability pension from the City of Saint Paul, and Have severed tus/her relationship with the City of Saint Paul for reasons oTher tUan an involuntary termination for misconduct. Early Retirees 12.11 This Article shall apply to employees who: 12.11.1 12.11.2 12.113 12.11.4 12.11.5 Retire on or after January i, 1996, and Were appointed on or before December 31, I995, and Have not attained age 65 at retirement, and Meet the terms set forth in Article 12.10 above, and Select a health insurance plan offered by the Employer. Until such retirees reach sixty-five (65) years of age, the Employer agrees to contribute a maximum of $350.00 per month toward the premium for single or family health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree. When such early retiree attains age 65, the provisions of Article 12.13 shall apply. 12.12 This Article shall apply to employees who: 12.12.1 12.12.2 12.123 12.12.4 12.12.5 Retiree on or after January 1, 1996, and Were appointed on or after 3anuary 1, 1996, and Have not attained age 65 at retirement, and Meet the terms set forth in Article 1210 above, and Select a health insurance p2an offered by the Employer. Until such retirees reach sixty-five years (65) of age, the Employer agrees to conhibute a maximum of $300.00 per month toward the cost of single or family health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree. VJhen such early retiree attains age 65, the provisions of Article 12.14 shall apply. Regular Retirees (Age 65 and over) 12.13 This Article shall apply to employees who: 12.13.1 Retire on or after 7anuary 1,1996, and 12.13.2 Were appointed prior to January 1, 1996, and 12.13.3 Have attained age 65 at retirement, and 12.13.4 Meet the terms set forth in Ar[icle 12.10 above, and 12.13.5 Select a health insurance pian offered by the Employer. . � 10 ARTICLE 12 - INSURANCE (Regular Retirees continued) 99-484 The Employer agrees to contribute a masimum of $550.00 per month towazd the . premium for single or family health insurance coverage offered to regular retirees and their dependents. Any unused portion of the Employer's contribution shali not be paid to the retiree. 12.14 Ttus Article shall apply to employees who: 12.14.1 Retire on or af4er January 1, 1996, and 12.14.2 Were appointed on or after January 1, 1996, and 12.143 Have attained age 65 at retirement, and 12.14.4 Meet the terms set forth in Article 12.10 above, and 12.14.5 Select a heaith insurance plan offered by the Employer. T'he Employer agrees to contribute a maxitnum of $300.00 per month toward the premium for single or family health insurance coverage offered to regular retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. 12.15 The contributions indicated in this Article 12 shall be paid to the Employer's third pariy administrator or designated representative. C� ARTICLE 13 - VACATION 13.1 In each fiscal year, each Full-time employee shall be granted vacation according to the following schedule: CJ Years of service 56 hour Emplovees 1 st year thru Sth year 112.0 hours * 6th year thru 15th year 168.0 hours ** 16th yeaz thru 25th year 235.0 hours **• 26th yeaz and beyond 246.4 hours s*** " (2 x designated work week) ** (3 x designated work week) * * * (4.2 x designated work week) ****(4.4 x designated work week) 40 hour Emplovees 112 hours (14 days) (.0539) 160 hours (20 days) (.0769) 200 hours (25 days) (.0962) 208 hours (26 days) (.1000) 11 ARTICLE 13 - VACAITON (Continued) 13.2 The deparhnent head may permit Employees to carry over into the following fiscal yeaz, vacation time equivalent to three work weeks. Vacation schedules shall be fixed by the • department head. An Employee not working full-time shall be granted vacarion on a pro-rata basis. 13.3 Emptoyees separated from employment by reason of resignation shalI be granted such vacation pay as has been eamed and remains unused at the time of sepazation, provided notification of resignation has been sent to the department head, in writing, at least fifteen (15) calendar days prior to the date of resignation. Employees sepazated from employment by reason of dischazge, retirement, or death shail be ganted snch vacation pay as has been earned and remains unused at the time of separation. Employees granted more vacation time than earned at the time of separation from employment shall pay the Employer for such uneamed vacation. ARTICLE 14 - HOLIDAYS 14.1 In addition to what is provided in Saint Paul Ordinance No. 6446, add one additional floating holiday which is to be added to the vacation schedule by increasing vacation by .2 (two-tenths) times the number of hours designated as the work week. 14.2 Effective 1986 and in addition to 14.1 above, add one additional holiday (Martin Luther King Day) to the vacation schedule by increasing vacation by .2 (two-tenth) times the number of hours designated as the work week. • 143 In addition to what is provided in Section 14.1 and 14.2 above, and the St. Paul Ordinance No. 6446, add one additional tour of duty holiday. In each yeaz of this agreement, this tour of duty Holiday may, at the option of the employee: (1) Be added to the employee's vacation schedule, or (2) the employee may choose to receive payment at his regular rate of pay in lieu of taking time off on the additional tour of duty Holiday provided herein. If the Employer has not received and approved an employee's request for his/her additional tour of day Holiday time off by November 15 of each calendar yeaz, such employee can only receive payment at the regulaz rate of pay and can no longer elect to take time off for that catendar year. Such payment shall be made no iater than the las[ regulazly scheduled pay day of that calendar year 14.4 On January 1,1999, all employees in the tiUes of Chief Fire Investigator, Fire Communications Chief, Fire District Ctrief and Fire Training Officer with a m;n;mum of 15 yeazs of service will be provided one additional tour of duty holiday. This holiday is subject to the same conditions ideatified in Section 143. 14.5 For those employees assigned to a work week other than Monday through Friday, the holiday shall be observed on the caleadar date of the hotiday. 14.6 Eligibility for Holiday Pay and Floating Holidays shall be in accordance with Section 1 (one) Subsection I of the SaIary Plan and Rates of Compensarion Resolution. . 12 9R-y8`�I ARTICLE 15 - SICK LEAVE AND PARENTAL LEAVE I5.1 Sick leave shail be eamed and granted in accordance with the Civil Service Rules. • 15.2 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 azrangemeau for the care of such sick or disabled persons. Such paid leave shall be drawn from the empioyee's accumulated sick leave crediu. Use of such sick leave shall be limited to the number of hours designated to be the employee's work week per incident. 153 Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, may be granted one day of sick leave to attend the funeral of the employee's grandpazent or grandchild. 15.4 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 to vacation at the rate of one-half day's vacation for each day of sick leave credit. No employee may convert more than ten (10) days of sick leave in each calendar yeaz under this provision. 15.5 Maternitv and Pazental Leave. Pregiant 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 certification 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 shall be granted to a natural pazent or an adoptive pazent, 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 Empioyer. Refusal on the part of the Employer to grant an extension of such leave shall not be subject to the provisions of Article 6 of this Agreement. Employees who retum following such leaves of absence sha11 be placed in a position of equivalent salary and tenure as the one held just prior to the beginning of their leave. ARTICLE 16 - SEVERANCE PAY 16.1 Effective January 1, 1990, the employer shall provide a severance pay program as set forth in this Article 16. 16.2 To be eligible for the severance pay program, an employee must meet the following requirements: • 13 ARTICLE 16 - SEVERANCE PAY (Continued) 16.2.1 The empToyee must be voluntarily separated from City employment or have been subject to separation by lay-off or compulsory retirement. Those employees who aze dischazged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City Severance pay program. 16.2.2 The employee must file a waiver of reemployment with the Human Resovrces D'uector, which will cleazly indicate that by requesting severance pay, the employee waives all ciaims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 16.23 The employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of lus sepazation from service. 163 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 heid by the employee on the date of separation for each day of accrued sick leave subject to a maXimum as shown below based on the number of years of service with the City. Years of Service with the Citv At least 20 21 22 23 24 25 Maximum Severance Pav $ 5,000 6,000 7,000 8,000 9,000 10,000 However, any employee sepazated from City employment on or after January 1, 1992 who has an accumulated balance of at least one thousand eight hundred fifty (1,850) hours of sick leave credits and at least twenty-five (25) years of service at the time of his/her sepazation from service shall be granted severance pay in the amount of thirty thousand dollazs ($30,000). Employee with twenty (20) or more years of service who is ruled disabled and is receiving a disability pension and who has 1850 hours of accumulated sick leave shall be allowed the maximum severance benefit of $30,000. The manner of payment of such severance pay shall be made in three consecutive annual payments of ten thousand dollars ($10,000) each. The annual payments shatl be made in February of each yeaz. T'he fixst payment shall be made during the month of February in the yeaz following the year in which the employee separates his/her employment. � • � 14 99-ya�f ARTICLE 16 - SEVERANCE PAY (Continuedl 16.4 For the purpose of this severance program, a death of an employee shall be considered as � separation of employment, and if the employee would have met all of the requirements set forth above at the time of lris or her death, payment of the severance pay may be made to the employee's estate or spouse. 16.5 �'or the purpose of this severance program, a transfer from the City of Saint Paul empioyment to Independent School IJistrict No. 625 employment is not considered a sepazation of employment, and such transferee shall not be eligible for the City severance program. i 16.6 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 16.7 The manner of payment of severance in amounts of ten thousand dollars ($10,000) or less shall be made in accordance with the provisions of City Ordinance No. 11490. ARTICLE 17 - WAGES 17.1 VJhen the 1994 rates for Fire Captain Pazamedic aze determined, the steps in the 1994 salary range for District Fire Chief shall be adjusted to reflect a fifteen percent (15%) differential above the corresponding step in the 1994 salary range for Fire Captain Paramedic. The 1994 Fue Captain Pazamedic rates on which the 15% differential is based shail not include any amount that has been added to the Fire Captain Paramedic's rate in lieu of an Employer's insurance contribution. This same process shall be repeated to determine the final 1995 and 1996 rates for the tide of District Fire Chief. The biweekly rates for titles other than District Fue Chief covered by this Agreement shall be adjusted each yeaz to reflect the percent as shown below of the 1994, 1995 and 1996 rates appiicable to the title District Fire Ckuef. TITLE Fire Dispatch Supervisor Assistant Fire Marshal Emergency Preparedness Coordinator Fire Communications Cluef Fire Training Ofifcer Chief Fire Investigator Deputy Fire Cluef Fire Mazshal Emergency Paramedical Service Chief • PERCENT of DISTRICT FIRE CHIEF 85.7% 913% 92.9% 100.0% 10�.0% 100.0% 1083% 1083% 1083% 15 ARTICLE 17 - WAGES (Continued) Such adjustments shall be effective on the first day of the first payroll period of the respective year. � The wage schedule for the purpose of flus Agreement shall be Appendix B attached hereto. 172 Any Fire Captain assigned as a paramedic with 15 yeazs of service who is promoted to Fire District Chief shall begin at the 10 yeaz step effective January 1, 1994. 17.3 The wage schedule for the purpose of this Agreement shall be Appendix B attached hereto. For 1998, the wage schedule in Appendix B will be increased by 23% effective January, 1998 and 3% effective July, 1998. For 1999, the wage schedule in Appendix B will be increased by 2% effective January, 1999, and by .5% effective July, 1999. ARTICLE 18 - RESIDENCE 181 The residency requirements as passed by the City Council on December 30, 1983, under Councit File No. 279643, shall apply to all employees covered by this Agreement. ARTICLE 19 - INCAPACITATION 19.1 Employees injured during the course of employment and thereby rendered incapable of ` perfornung job duties and responsibilities shall receive futl wages during the period of incapacity, not be exceed the period equal to twelve (12) months plus accumulated sick leave. It is understood that in such cases, the tweive (12} month period shall first be utilized and only when same is eachavsted shall accumulated sick leave be applicable. 19.2 Employees disabled through injury or siclaiess other than specified in Section 19.1 above shall receive fuil wages for a period equal to accumulated sick leave, plus six (6) months as provided herein. It is understood that in such cases, accamulated sick leave shall first be utilized before the six (6) months, or any part thereof, shall be applicable. It is further understood that the six (6) month period shall be available to members in this unit only in those years where the last available Annual Report of the City Civil Service Office shall show average sick leave used per member of the Saint Paul Fire Department (based on the 1972 Annual Report method of calculating same), of eight (8) days or less. 193 Employees injured or incapacitated by illness in the Iine of duty shall be entitled to reinstatement at any time within five (5) yeazs from the date of injury or incapacity provided they are physically capabie of rPS�m�ng their job. 19.4 Except as specificatly provided in ttris Article, all illness and incapacity rules and policies previously in effect shall continue. � 16 ARTICLE 20 - DRUG AND ALCOHOL TESTING 99-y�y 20.1 Policy: The Fire Department recognizes illegal drug and alcohol usage as a threat to the • pubiic welfare and the employees of the department. Thus, the Fire Department will take the necessary steps, including drug and alcohol testing, to eliminate illegal usage. It is the goal of this policy to prevent and rehabilitate rather than terminate the employment of workers who aze abusing drugs or aicohol. No member of the Fire Depar�ent shall be discharged for illegal drug or alcohol use without first having been offered the opportunity to discontinue use either through personal choice or by treatment for chemicat dependency, if such treaiment is needed. The Union agrees, at the Employer's request, to re-open negotiations of tlus Article during the term of this Agreement. 20.2 Informing Employees About Drug and Alcohol Testing: All employees will be fully informed of the Fire Department's drug testing policy before testing is administered. Employees will be provided with information concerning the impact of the use of drugs or alcohol on job performance. In addition, the employer shall inform the employees of how the tests aze conducted, how well the tests perform, when the tests will be conducted, what the tests can determine, and the consequences of testing positive for drug or alcohol use. All newly hired employees will be provided with this information on their initial date of hire. No employee shall be tested until this information is provided to him. 203 Employee Tesring: No employee will be tested for drug or alcohol abuse unless there exists reasonable suspicion to believe that the employee to be tested is under the influence of illegal drugs or alcohol. Random or mass testing is prohibited. No such testing may be conducted without the written approval of the officer in charge of the unit. The officer in • chazge must document in writing who is to be tested and why the testing was ordered. Failure to follow any of these procedures shall result in the elimination of the test results as if no test had been administered. The test results shall be destroyed and no discipline shall be levied against the employee. 20.4 Urine collection shali be conducted in a manner which results in a legally acceptabie sample as well as providing a high degree of security for the sample, &eedom from adulteration of the sample, the highest possible accuracy of the clinical results while at the same time preserving the dignity of the employee. Administrative procedures shail be such as to prevent the submission of fraudulent tests. When appropriate, biologic testing of the samples may be included as part of such administrative procedures. In testing which could result in employee discipline, if the test result is positive, a split sample shall be reserved for independent analysis which shall be performed at the request of the affected employee. Upon request, an employee shail be entitled to the presence of a union representative before testing is administered. 20.5 Testing Procedures: All samples shall be tested for Chemical Adulteration, Nazcotics, Cannabis, PCP, Cocaine, Amphetamines, Alwhol and Sedatives. The testing shall be done by a Selected Laboratory and the following standards shall be used: • 17 Drug Testing Standards Alcohol Dru� Group -.�. -. ,: .02 concentration as shown by an analysis of urine Drug or metabolite detected Amphetamine Methamphetamine Cocaine metabolites Benzoylecgonine Marijuana metabolites delta-9-THG9-COOH Opiate metabolites Phencyclidine Bazbiturates Benzodiazepine metabolites Methadone Methaqualone Propoxyphene Codeine Total Morphine PCP Secobazbital Pentobazbital Phenobarbital Butabazbital Oxazepam Methadone Methaqvalone Propoxyphene Norpropoatyphene 300 ng/ml 300 ng/ml GC/MS • ConfirmaHon 500 ng/ml 500 ng/ml 150 ng/ml 15 ng/ml 300 ng/ml 300 ng/ml 25 ng/ml 1,000 ng/ml I,000 ng/ml 1,000 ng/ml 1,000 ng/ml 304 ng/ml 300 ng/ml 300 ng/ml 300 ng/ml 300 ng/ml Any sample which has been adulterated or is shown to be a substance other f.han urine shall be reported as such. All samples which test positive on a screening test shall be confirmed by gas chromatography-mass spectrophotometry, and no records of unconfirmed positive tests shail be released or retained by the laboratory. Testing shall be conducted in a manner to insure that an employee's legal drug use does not effect the test results. All results shall be evaluated by a suitably trained occupational physician or occupational nurse prior to being reported. Test results shall be treated with the same confidentiality as other employee medical records. The test results shall not be reported outside the Fue Depaztment. Initial Test levei ng/ml 1,000 ng/ml 1,000 nglml 300 nglml 15 ng/ml 300 ng/ml 300 ng/ml 25 ng/ml 300 ng/ml 1,000 ng/mi 3,000 ng/ml 1,000 ng/ml 300 ng1m1 300 ng/ml 300 ng/ml • • m � ARTICLE 20 - DRUG AND ALCOHOL TESTING (Continued) � g_ � � 20.6 Chemical Dependency Program: Each person whose urine tests positive for illicit • drugs shall be medically evaluated, counseled and treated for rehabilitation, if required. In addition, at any time an empioyee may voluntarily enter the chemical dependency program without fear of disciplinary actions against him. This Program is designated to provide care and treatmeat to employees who aze in need of rehabilitarion. Details concerning treatment any empioyee receives at this Program shall remain confidential and shatl not be released to the public. The employee shall be responsible for the cost oftreatment. No employee shatl be relieved or transfeaed to other than his usual duties on the basis of one test result atthough the employee may be re-evaluated for his duty assignment. When undergoing treatment and evaluation employees shall receive the usual compensarion and fringe benefits provided at their assigned position, 20.7 Right of Appeal: Each employee has the right to challenge the results of drug or alcohol testing in the same manner that he may grieve any managerial action. 20.8 Duty Assignment After Treatment: Once an employee successfully completes rehabilitation, he shall be returned to his regulaz duty assignment. Bmployee reassignment during treatment shail be based on each individuai's circumstances. If follow-up caze is prescribed after treatment, this may be a condition of employment. Once treatment and any follow-up care is completed, at the end of two yeazs the records • of treatment and positive drug or alcohol test results shall be retired to a closed medical record. The employee shall be given a fresh start with a clean administrative record. 20.9 Right of Union Participation: At any time, the Union, upon request, will have ttie right to inspect and observe any aspect of the drug and alcohol testing program with the exception of individual test results. The Union may inspect individual test results if the release of this information is authorized by the employee involved. 20.10 Union Held Harmless: This drug and alcohol testing program is solely initiated at the behest of the empIoyer. Tfie Fire Department shall be solely liable for any 2ega1 obligations and costs arising out of the provisions and/or application of this collective bargaining agreement relating to drug or alcohol testing. The Union shall be held hazmless for the violation of any worker rights arising from the administration of the drug or alcohol testing program. 20.11 Conftict with Other Laws: This Article is in no way intended to s¢persede or waive an employee's federal or state constiturional rights. • 19 ARTICLE 21- OVERTIlI� 21.1 Employees required to work in excess of their assigned tour of duty will be compensated at the rate of one and one-half (1.5) times the employee's normal rate. Such • compensation shall be made in cash or in compensatory time at the option of the Employer. 21.2 The purpose of tlus section is to effectively eliminate three (3) Fire Dis�ict Chief positions, i.e., those positions which have been haditionally l�own as the pool of Fire District Chiefs. Beginning December 31,1997 the employer may assign Fire Captains to perform the duties of Fire District Cluefs only in accordance with subsections 2.1, 2.2, and 23 below. 21.2.1 All Fire Chiefs assigned and available for work on a shift aze working as Fire Depury or Dis�ict Chief. 21.2.2 The Department may assign Captains as out-of-title Distdct Cluefs for any scheduled absence (Scheduled absence, as used herein, is an absence that will be irnown when a segment schedule is pregazed and distributed for the next, i.e., immediately following segment) However, the out-of-tide assignments will not occur until Deputy and District Chiefs, as a group have scheduled or eamed, within the calendar year, $97,417 in overtime. This overtime will be earned by filling Deputy and District Chief scheduled absences. 21.23 The Association will determine the method and be responsibie for distributing • the scheduled overtime tours of duty among the Deputy and District Chiefs. Ttris will be done to the satisfaction of the employer that quatified personnel are filling the positions. ARTICLE 22 - DISCIPLINE 22.1 The Employer may discipline employees in any form listed below: Oral Reprimand VJritten Reprimand Suspension Demotion The Employer will discipline employees for just cause only and in accordance with the concept of progressive discipline. Employees who aze disciplined pursuant to the terms of this Article may appeal the Employer s disciplinary action thmugh the grievance procedure set forth in Article 6 of this Agreement or to a Civil Service authority pursuant to the rules and procedures of . such authority. 20 • ARTICLE 23 - POSITION OPENIIVGS 23.1 To expedite the filling of vacancies under the civil service procedures, the head of the department or designated representative will: �y -N 8y Make requisition for certification of eligibles to fill a vacancy within fifteen (15) days after determin;ng that a vacancy exists. Within fifteen (15) days after the department head has met with the certified eligibles, he/she will fill the vacancy. If no eligible list is in effect when a vacancy occurs, the degartment hr�d sball, within fifteen (I S} days, request the Human Resources I3irector to conduct an examination for the purpose of establishing an eligible list. Nothing in this Article 23 shall be construed to eliminate or lessen the Department Head's right to determine the number of employees in any class title. � ARTICLE 24 - CITY MILEAGE 24.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and empioyees for the use of their own automobiles in the performance of their duties, the foilowing provisions aze adopted. 24.2 Method of Computation: To be eligible for such reimbursement, all o�cers and employees must receive written authorization from the Department Head. Type 1 If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $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 shail be reimbursed $.20 per mile for each mile actuaily 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 empioyee's use but the employee desires to use his/her own automobile, then the employee shali 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 REGiJLARLY 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. C� 21 ARITCLE 24 - CIT'Y MII.EAGE (Continued) 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. 243 The City will provide pazldng aY the Civic Center Pazking Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to have their personal car available for City business. Such parking will be provided only for the days the employee is required to have his or her own personal car available. 24.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobiie reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than $100,000($300,000 for personat injury, and $25,000 for property damage, or Iiability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the City Clerk. C� • 22 99-y8y • • • ARTICLE 25 - DURATION OF AGREEMENT 25.1 Except as herein provided, this Agreement sha11 be effective as of the date the Agreement is executed by the parties, and shall continue in full force and effect through the 31 st day of December, 1999, and thereafter unril 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 Minnesota Public Employment Labor Relations Act of 1984. 25.2 The wage schedule attached hereto as Appendix "B" shall take force and effect at such time as is specified in the administrative resolution recoguiziug and approving this Agreement in accordance with Secfion 12.09 of the Saint Paul City Charter. Signed this�8�' day of May, 1999 CITY OF SAlNT PAUL C:�2� Susan Kimberly Chief of Staff SAINT PAUL FIRE SUPERVISORY ASSOCIATION Donato Bataglia, President 23 APPENDIX A Regulation "West Point" long sleeve police shirt . Regulation "West Point" short sleeve police shirt Rauking Officer's white uniform shirt, long sleeve, West Point 7500C Ranking Officer's white uniform shirt, short sleeve, West Point 7500C Jersey type long sieeve sweat shirt, navy blue - Wilson 8632 Jersey type 3/4 sleeve sweat shirt, navy blue - Wilson 8632 Fechheimer Bros. nauy blue trousers 32200 Fechheixner Bros. navy blue trousers 32250 Jacket - Light waight, waist style Fechheimer 32100 Fur coat - Energy 100FD - Sizes 48 - 50 add 10°/a - longs add 10% Jacket - California thermal chief - Horace Sma11 Pazka - Navy - Butwin 111 SP Regular sizes 34 - 46 Extra sizes 48, 50, 52, Long • Liners for summer uniform fire fighter jacket - Fechheuner Bros. 32704 Sewing Costs: No cost when ordered with jacket, otherwise .. Caps Trooper Cap Chiefs Navy-Stype Midwest-N. W. 8 pt. Midwest-N. W. Belts - leather - black - 1.5 inch Shoes Wedge style oxford - Red Wing shoe #101 Slip on style oxford - FLOAT-AWAYS #J5347 Slip on style o�ord - FLOAT-AWAYS #J5318 Lace style oxford - FLOAT-AWAYS Z5096 Slip on style oxford Weinbrenner 1635 Slip on style oa�ford Weinbrenner 1435 Lace style oxford T5152 Mocc toe Lace style oxford Weinbrenner 1225 Lace style oxford Weinbrenner 1250 Socks Munsingweaz #40 Munsingwear #415 - stretch style • Ties - black, 4-in-hand, or snap-on style y9 -48� Ai ti APPENDIX B: BIWEEKLY RATES • Salary ranges applicable to titles covered by this Agreement shail be as shown below: Effective January 3, 1998 Two and three-tenths percent (23%) increase Effective July 4, 1998 Zero and three-tenths percent (03%) increase Effective January 2, 1999 Two percent (2.0%) increase Effective July 3, 1999 Zero and five-tenths percent (0.5%) increase GRADE 041 ---------------- 422A FIRE DISPATCH SUPERVISOR A B C D E F 10-YR. 15-YR. �i) �Z) �3) �4) �5) �6) ��) �g) Ol/03/98 1737.62 1823.45 1913.59 1989.97 2090.66 2174.53 2286.43 234238 07/04/98 1742.83 1828.92 191933 1995.94 2096.93 2181.05 2293.29 2349.41 01102/99 1777.69 1865.50 1957.72 2035.86 2138.87 2224.67 2339.16 2396.4Q 07/03/99 1786.58 1874.83 1967.51 2046.04 2149.56 2235.79 2350.86 240838 '�� 1„ C� 031 ASSISTANT FIRE MARSHAL Ol/03/98 1851.17 1942.60 2038.63 2120.01 2227.28 2316.63 2435.81 2495.44 07/04/98 1856.72 1948.43 2044.75 2126.37 2233.96 2323.58 2443.12 2502.93 Ol /02/99 1893.85 1987.40 2085.65 2168.90 2278.64 2370.05 2491.98 2552.99 07/03/99 190332 199734 2096.08 2179.74 2290.03 2381.90 2504.44 2565.75 � �� 057A EMERGENCY PREPAREDNESS COORD C _� Ol/03/98 1883.61 1976.63 2074.37 2157.16 226630 2357.25 2478.50 2539.18 07/04/98 1889.26 1982.56 2080.59 2163.63 2273.10 236432 2485.94 2546.80 Ol/02/99 1927.05 202221 2122.20 2206.90 2318.56 2411.61 2535.66 2597.74 07/03/99 1936.69 203232 2132.81 2217.93 2330.15 2423.67 254834 2610.73 �19-y8�f : � ��. 492A CHIEF FIRE 1NVESTIGATOR 672 FIRE COMNIIJNICATIONS CHIEF 150 FIRE DISTRICT CHIEF 691 FIRE TRAINING OFFICER Ol/03/98 2027.58 2127.72 2232.90 2322.04 2439.52 2537.41 2667.94 2733.24 07/04/98 2033.66 2134.10 2239.60 2329.01 2446.84 2545.02 2675.94 2741.44 Ol(�2/99 207433 2176.78 228439 2375.59 2495.78 2595.92 2729.46 2796.27 07/03/99 2084.70 2187.66 2295.81 2387.47 2508.26 2608.90 2743.11 2810.25 ' � � i�. 193A DEPUTY FIRE CHIEF 179A EMER PARAMEDICAL SERV CHIEF 186 FIRE MARSHAI,L . i A B C D E F 10-YR. 15-YR. �1) �2) �3) �4) �5) �6) ��) �8) Ol/03/98 2195.87 230430 2418.23 2514.75 2641.99 2747.99 2889.37 2960.10 07/04/98 2202.46 2311.21 2425.48 2522.29 2649.92 2756.23 2898.04 2968.98 Ol/02/99 2246.51 2357.43 2473.99 2572.74 2702.92 281135 2956.00 302836 07/03/99 2257.74 236922 248636 2585.60 2716.43 2825.41 2970.78 3043.50 • C� :