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87-1321 WHITE - CITV �LERK PINK - FINANCE COUACII Q CANARV - DEPARTMENT GITY OF SAINT PAITL �{ � BLUE - MAVOR File NO. ✓ � /� / Council Resolution - Presented Sy - � Referre o Committee: Date Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul approves and ratifies the attached 1987 - 1989 Agreement between the City of Saint Paul and the International Association of Machinists and Aerospace Workers AFL-CIO. COUNCILMEN Requested by Department of: Yeas p�eW Nays � Nicosia PERSONNEL OFFICE Rettman [n Favor �, Scheibel � .�� __ Against BY ` w��°'.�'Q'a �. A. Y. Adopted by Council: Date SEP j Q 19� Form rov d by 'ty Attorney r Certified Y ss d �ouncil�' e r BY sy� Approv by ;Vlavor: D � � � 4 �S7 Appro y Mayor for Su is 'on t�ouncil - — BY - �1)Bt.ISl�D S�� 1 9 1987 ;. �� 081�'7 FExsoxrr�L-r.�BOR ��Fb�ts DEPARTMENT �� _ JAMES LOMBARDI � CONTACT 298-4221 . PHONE � AUGUST 11 , 1987 flATE �i�r� e'e . A�SSI �t�ER EOR ROU�ING. ORpER C1i All Locatians for Si nature : - Department Directow 3 Director`of Management/Mayor Finance and Management Services Director � 4 City Clerk B ge.t Director . ity At.torney WHaT WILL BE ACHIEUED BY TA�CING A�TION ON THE ATTACNED MATERIALS?. (Purpose/ Rationale� : This resolution approves the 1987-1989 Agreement between the City and the achinists District Lodge No. 77. The changes in the new agreement include the following Articles: 1 . Uniform� 2. Insurance 3. Safety Shoes �� 4. Duration I 5. Wag�s (.35 per hour lst year - .35 the 2nd year) �\� �E,�£D . £AST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS 14NTICIPATED: A(f ! 57 employees G �� 198J Juiy .6, 198�thru Juiy 4, 198� $45,864 ��0�0 _ fFjC� . July 5, 19$�thru July '3, 198� $45,864 FINANCING SOURCE AND BUD6ET ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa- . ture not re- Total Amount. of "Transaction: quired if under � ' �10,000) Fu�a�i�g SQUrce:: � Activity Number: . �TTACHMERiTS (Li st and Number Al 1 Attacf�nents) : R Ec E�V�� 1 - Council Resol�atien ' 1 - City,- Clerk ' AUG 1 3 �,�87 - CITY ATTdRNEY � DEPARTMENT REVIEW CITY ATTORNEY REVIEW Yes No Council R+esolution Required? ' Resolutton Required? Yes No Yes No Insurance Required? Insurance Sufficient? Yes No Yes No Insurance Attached: � (SEE �REYERSE SIDE FOR INSTRUCTIONS) ? Revised t2/84 - - (.i�'�'/-/3-2/ _______________________________ AGENLiA ITEhIS =—_-----____—___—________________ ID#: C197 7 DATE REC.: C08/20/87] AGENDA DATE: C00/00/00] ITEM #: C ] SUBJECT: C1987-19B9/AGkEEMEMT fsETWEEM CITY & MACHIMI57S UISTRICT LODGE M0. 77] a �s , STAFF ASSIGNED: C .ij!'� �-%{(� ] SIG:C �rt�.� ]OUT—C ] TO CLEkK:C00%0�/00] ORIGINATOR:CPERSONNEL—LABOR RELATIOMS ] COhITACT:CJAMES LQMHAFiDI ] ACTION:C ] C ] ORD/RES #:C ] FILED:C00/00/00 ] LOC.:C ] � � � � � � � * * � * * � � FILE INFO: CRESOLUTION/GREEM SHEET/AGREEMEMT ] C � C ] .� . . ,�,, �-��/.�� T � INDEX ARTICLE TITLE PAGE I Recognition 1 II Definitions 2 III Maintenance of Standards 3 IV Check Off and Administrative Service Fee 4 V Union Rights 5 VI Management Rights 6 VII Discipline 7 VIII Hours, Overtime Pay 8 IX Tool Insurance and Clothing 9 X Jury Duty 10 XI Legal Services 11 XII City Mileage 12 XIII Insurance 13 XIV Holidays 16 XV Vacation 17 XVI Grievance Procedures 18 XVII Savings Clause 22 XVIII Severance Pay 23 XIX Wage Schedule 25 XX Strikes, Lockouts, Work Interference 26 XXI Sick Leave 27 XXII Maternity Leave 28 XXIII Safety Shoes 29 XXIV Duration and Effective Date 30 Appendix A A1 - ii - t . " THIS AGREEMENT BETWEEN THE CITY OF SAINT PAUL AND DISTRICT LODGE �677, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO. This agreement has been entered into between the City of Saint Paul, hereafter referred to as the EMPLOYER, and District Lodge 4�77, International Association of Machinists and Aerospace Workers AFL-CIO, hereafter referred to as the UNION. This AGREEMENT has as its purposes, the promotion of harmonious relations between the EMPLOYER and the UNION, the establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above objectives in full compliance with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1971, as amended. - iii - •'�" . . ARTICLE I - RECOGNITION 1.1 The EMPLOYER recognizes the UNION as the sole and exclusive bargaining agent for the purposes of establishing wages, benefits, hours and other conditions of employment for all of its employees as outlined in the certification by the State of Minnesota, Bureau of Mediation Services, dated August 15, 1973, in case No. 74-PR-77-A, and as set forth below: All regular, probationary, and provisional vehicle and equipment maintenance personnel who are employed by the City of St. Paul or who have their "terms and conditions of employment" established by the governing body of the City of St. Paul in the classifications of Audio-Visual Equipment Repairman, Auto Body Repairman, Auto Body Repairman Helper, Auto Washer, Equipment Repairman, Fire Buildings Repairer, Fire Equipment Serviceman, Food Service Equipment Specialist Helper, Machinist, Mechanic-Welder, Parking Meter Repair Worker, Parts Runner, Tire Repairman, Traffic Sign Worker, Utilityman, Utilityman I, Vehicle Mechanic, Vehicle Mechanic Leadworker, Vehicle Maintenance Worker (Heavy) , Vehicle Maintenance Worker (Light) , Vehicle Mechanic Trainee, Welder and Welder Leadworker, excluding supervisory, confidential, temporary, emergency and employees exclusively represented by other labor or employee organizations. 1.2 The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classifications set forth in this agreement shall be recognized as a part of this bargaining unit, and the parties shall take all steps required under the Public Employment Relations Act to accomplish said objective. - 1 - . . � ��i��J �,.. ARTICLE II - DEFINITIONS 2.1 Collective Bargaining. The EMPLOYER will bargain collectively with the UNION with respect to rates of pay, hours and conditions pertaining to employment for all of the employees in the unit hereinbefore set forth. 2.2 Discrimination. The EMPLOYER will not interfere with, restrain or coerce the employees covered by this AGREEMENT because of inembership in or activity on behalf of the UNION. The EMPLOYER will not discriminate in respect to hire, tenure of employment or any term or condition of employment against any employee covered by this AGREEMENT because of membership in or activity on behalf of the UNION, nor will it discourage or attempt to discourage membership in the UNION, or attempt to encourage membership in another Union. 2.3 This AGREEMENT shall designate and define benefits with the exception of pension benefits that shall be granted to the employees by the EMPLOYER. If subsequent to this AGREEMENT, any governing body passes a provision which shall create a cost benefit for a employee in this unit, the cost of such benefit shall be paid by the employee until such time as the responsibility of the cost is subsequently negotiated. This provision shall not compel either party to reopen negotiations during the course of an existing contract. - 2 - � . , ARTICLE III - MAINTENANCE OF STANDARDS � 3.1 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and all other general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul, (Resolution No. 3250) and the Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this AGREEMENT, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this AGREEMENT. - 3 - . .. , ��-��/ ARTICLE IV - CHECK OFF AND ADMINISTRATIVE SERVICE FEE 4.1 Dues. The II�LOYER agrees to deduct the UNION membership dues once each month from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the ENIPLOYER by a representative of the UNION and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 4.2 Fairshare. Any present or future employee who is not a UNION member shall be required to contribute a fair share fee for services rendered by the UNION. Upon notification by the UNION, the II�IPLOYER shall check off said fee from the earnings of the employee and transmit the same to the UNION. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shall remain operative only so long as specifically provided by Minnesota law and as otherwise legal. 4.3 The Union agrees that an administrative fee of $6.00 per employee, per year shall be deducted by the employer from the employee's earnings. This annual deduction shall be made from the first paycheck received in January of each year. 4.4 The UNION will indemnify, defend and hold the EMPLOYER harmless against any claims and all suits, orders or judgments brought or issued against the EMPLOYER, its officers or employees, as a result of any action taken or not taken by the EMPLOYER under the provisions of this section. - 4 - ARTICLE V - UNION RIGHTS 5.1 The UNION may designate emplo�ees within the bargaining unit to serve as Union Stew ards. I 5.2 The UNION shall furnish the EMPLOYER and appropriate department heads with a list of Stewards and alternates, and shall, as soon as possible, notify said appropriate City officials in writing of any changes thereto. Only those who are Officers and Stewards shall be recognized by the EMPLOYER for the purpose of ineetings. - 5 - . .. . ��7�� , , ARTICLE VI - MANAGEMENT RIGHTS 6.1 The UNION recognizes the right of the EMPLOYER to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and suthority which the EMPLOYER has not officially abridged, delegated, or modified by this AGREEMENT are retained by the EMPLOYER. 6.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the EMPLOYER, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. - 6 - ARTICLE VII - DISCIPLINE 7.1 The EMPLOYER will discipline employees for just cause only. Discipline ' will be in the form of: a) Oral reprima.nd; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge. I 7.2 Employees and the UNION will receive copies of written reprimands and notices of suspension and discharge. 7.3 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or UNION may request, and shall be entitled to a meeting with the Employer Representative who initiated the suspension with intent to discharge. During said five (5) day period, the EMPLOYER may affirm the suspension and discharge in accordance with Civil Service Rules or may modify, or withdraw same. 7.4 Grievances relating to this Article shall be processed in accordance with existing Civil Service procedures, except that oral and written reprimands shall be taken up in the grievance procedure under Article XVI. - 7 - . .. . � ��_i�i ARTICLE VIII - HOURS, OVERTIME PAY 8.1 Hours of Employment-- The normal work day and the normal work week shall be 8 hours excluding � hour for lunch in any twenty-four hour period and 40 hours in any seven-day period. (For employees on a shift basis, this shall be construed to mean an average of forty hours a week.) The normal work week shall consist of five consecutive normal work days. 8.2 Call-in-Pay-- When an employee is called to work he shall receive two hours' pay if not put to work. If he is called to work and commences work, he shall be guaranteed four hours pay. These provisions, however, shall not be effective when work is unable to proceed because of adverse weather conditions. 8.3 Overtime-- Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by order of the head of the department. 8.4 An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the EMPLOYER. The overtime rate of one-and-one-half shall be computed on the basis of 1/80th of the bi-weekly rate. - 8 - ARTICLE IX - TOOL INSURANCE AND CLOTHING 9.1 The EMPLOYER will provide four changes of coveralls per week in I accordance with existing practices. 9.2 The EMPLOYER agrees to reimburse employee for tools damaged by fire or vandalism or for tools as may be stolen; however, such liability for reimbursement shall only apply in the event that the employee's tools are stored on the EMPLOYER'S premises and in such places as EMPLOYER shall designate, and, further, only if the tools are destroyed or stolen in their entirety as a result of a fire, vandalism or proven theft from the II�LOYER'S premises. - 9 - , � ��>�� ARTICLE X - JURY DUTY 10.1 Any employee who is required during his regular working hours to appear in court as a �uror or witness except as a witness in his own behalf against the City, shall be paid his regular pay while he is so engaged, provided however, that any fees that the employee may receive from the court for such service shall be paid to the City and be deposited with the City Finance Director. Any employee who is scheduled to work a shift, other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as he is required to appear in court as a juror or witness. - 10 - � i ARTICLE XI - LEGAL SERVICES 11.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, or indifference to rights of others, the EMPLOYER shall defend, save harmless and indemnify an employee against tort claim or demand whether �i groundless or otherwise arising out of alleged acts or omission occurring in the performance or scope of the employee's duties. 11.2 Notwithstanding the provisions of section 11.1, the employer shall not be required to defend or indemnify any employee against personal liability, or damages, costs or expense (a) resulting from a claim, suit, verdict, finding, determination or judgment that the employee has committed an intentional tort or torts, including but not limited to slander, libel and/or other defamatory harms; or (b) arising out of cross claims, counterclaims, affirmative defenses, and/or separate actions brought against such employee in response to or resulting from claims, allegations, demands or actions (whether or not litigation was actually commenced) brought, made or instituted by such employee. 11.3 Notwithstanding the provisions of section 11. 1 or 11.2, the employer may at its sole discretion defend an employee against allegations, claims, demands or actions wholly or in part based on or arising out of claimed intentional torts, and in such cases, the employee consents to the extent lawfully permitted to such representation without regard to actual or potential conflicts of interest. 11.4 Each employee, within 20 days after receiving notice of (1) a tort claim or demand, action, suit or proceeding against him or her, and (2) a judgment, verdict, finding or determination, either of which arises out of alleged or found acts or omissions occurring in th performance or scope of the employee's duties, shall notify the City by giving written notice thereof to the City Clerk. - 11 - , . � ��/��i ARTICLE XII - CITY MILEAGE 12.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in � the performance of their duties, the following provisions are adopted. 12.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $3.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's position. In addition, the employee shall be reimbursed 15� per mile for each mile actually driven. � If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reim- bursed at the rate of 15� per mile driven and shall not be eligible for any per diem. Type 2. If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reimbursed at the rate of $3.00 per day for each day of work. In addition, the employee shall be reimbursed 15C per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reim- bursed at the rate of 15C per mile driven and shall not be eligible for any per diem. 12.3 The City will provide parking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to have their personal car available for City business. Such parking will be provided only for the days the employee is required to have his or her own personal car available. 12.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the city clerk. - 12 - - ARTICLE RIII - INSURANCE 13.1 The EMPLOYER will continue for the period of this AGREEMENT to provide � for employees such health and life insurance contributions as are provided by the EMPLOYER at the time of the execution of this AGREEMENT. 13.2 For each eligible employee covered by this Agreement who is employed full-time and who selects employee insurance coverage, the Employer agrees to contribute the cost of such coverage or $70.00 per month, , whichever is less. For each full-time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $180.00 per month, whichever is less. 13.3 For the purpose of this Article, full-time employment is defined as appearing on the payroll at least 32 hours per week or at least 64 hours per day period excluding overtime hours. 13.4 For each eligible employee covered by this Agreement who is employed half-time who selects employee insurance coverage, the Employer agrees to contribute fifty percent (50�) of the amount contributed for full-time employees selecting employee coverage in the same insurance plan. For each half-time employee who selects family insurance coverage, the Employer will contribute fifty percent (50�) of the amount contributed for full-time employees selecting family coverage in the same insurance plan. For the purpose of this Article, half-time employment is defined as appearing on the payroll at least 20 hours but less than 32 hours per week or at least 40 hours but less than 64 hours per pay period excluding overtime hours. 13.5 For each eligible employee the Employer agrees to contribute the cost of $5,000 of life insurance coverage. This Life insurance coverage will terminate upon retirement. 13.6 The EMPLOYER will for the period of this AGREEMENT provide for full-time employees who retire after the time of execution of this AGREEMENT and until such employees reach sixty-five (65) years of age such health insurance contributions as are provided by the EMPLOYER for active employees under this Agreement. 13.7 The EMPLOYER will for the period of this AGREEMENT provide for half-time employees who retire after the time of execution of this AGREEMENT and until such employees reach sixty-five (65) years of age such health insurance contributions as are provided by the EMPLOYER for half-time employees under this AGREEMENT. 13.8 Notwithstanding Articles 13.6 and 13.7, the Employer will for the period of this Agreement contribute for full-time employees who retire after June 29, 1987 and who select the Blue Cross Health insurance plan provided by the Employer and until such retirees reach sixty-five (65) years of age, the cost of such retiree coverage or $106.32 per month, whichever is less. For such retirees selecting family coverage the employer will contribute the cost of such family coverage or $284.12 per month, whichever is less. For half-time employees who retire and who select the Blue Cross health insurance plan provided by the Employer and until such retirees reach sixty-five (65) years of age, the Employer will contribute fifty percent (50�) of such health insurance contributions as are provided by this Article 13.8 for full-time employees who retire. - 13 - . � �� ARTICLE XIII - INSURANCE (cont.) 13.9 Employees who retire after the execution of this Agreement must meet the following conditions in order to be eligible for the City contributions to health insurance set forth in Articles 13.6, 13.7 and 13.8. 13.9.1 Be receiving benefits from a public employee retiree act covering employees of the City of St. Paul at the time of retirement. -AND- 13.9.2 Have severed his relationship with the City of St. Paul under one of early retiree plans. 13.10 Effective January 1, 1988 in addition to meeting the eligibility requirements stated in 13.9.1 and 13.9.2 above, retiring employees must also meet one of the following conditions in order to be eligible for the early retiree insurance benefits set forth in Articles 13.6, 13.7 and 13.8. 1. Must be at least 58 years of age and have completed 25 years of employment with the City of St. Paul. -OR- 2. The combination of their age and their years of service must equal eighty-five (85) or more. -OR- 3. Must have completed at least thirty (30) years of service. 13.11 Effective January 1, 1988 full-time employees who retire and who meet the conditions set forth in 13.9.1 and 13.9.2 but who meet none of the conditions set forth in 13.10, shall be eligible only for the following percentages of the amount contributed by the Employer toward health insurance for active employees in the same health plan. Such retirees shall be eligible for such contribution until they reach sixty-five (65) years of age. Combination of Age Contribution for Contribution for and Years of Service Single Coverage Family Coverage 84 90� 907 83 807 807 82 70� 70� 81 607 60� 80 50� 50� 13.12 For Employees who retire at the age of 65 or older or early retirees upon reaching age 65, and who have completed at least twenty years of service at the time of their retirement, the Employer will provide health insurance contributions toward such health insurance plans as provided by the Employer for retirees 65 years of age or older. For such employees or early retirees who have not completed at least twenty (20) years of service at the time of their retirement, the Employer will discontinue providing any health insurance contributions upon their retirement or in the case of early retirees upon their reaching age 65. - 14 - ARTICLE XIII - INSURANCE (cont.) 13.13 A Retiree may not carry his/her spouse as a dependent if such spouse I is also a City retiree or City employee and eligible for and is enrolled in the City health insurance program. i 13.14 Effective August 1, 1987 employees eligible for insurance coverage may select coverage only from the following insurance plans: Blue Cross-Blue Shield--CMM Group Health Physic�ans Health Plan--Combination Plan 13. 15 The contributions indicated in this Article 13 shall be paid to the Employer's Group Health and Welfare Plan. 13.16 Any cost of any premium for any City-offered employee or family insurance coverage in excess of the dollar amounts stated in this Article 13 shall be paid by the employee. 13. 17 All Retirees who retired after December 31, 1981 who are sixty-five (65) years of age or older will continue to be covered by the Union's Insurance Plan subject to the Rules of District 77's Health & Welfare Fund at no cost to the Employer. The employer will continue to provide insurance contributions for early retirees who retired after December 31, 1981 and who are currently covered by the Union's Health Insurance Plan until such early retiree reaches sixty-five (65) years of age. Upon reaching age sixty-five (65) , the empZoyers contribution will be discontinued, however early retirees shall continue to be covered by the Union's Health Insurance Plan at no cost to the employer. Such continued coverage shall be subject to the rules of District 77's Health & Welfare Funds. 13.18 Employees who retired on or after June 30, 1987 shall be covered by the provisions of this Article 13. - 15 - . ., . � _ ��,�� ARTICLE XIV - HOLIDAYS 14.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Year's Day Labor Day Martin Luther King Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day Two floating holidays Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 14.2 The floating holidays set forth in Section 14.1 above may be taken at any time during the contract year, subject to the approval of the department head of any employee. 14.3 Eligibility Requirements. In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an employee's name must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. - 16 - i ARTICLE XV - VACATION I 15.1 In each calendar year, each full-time employee shall be granted vacation according to the following schedule: Years of Service Vacation Granted Less than 8 years 15 days After 8 years thru 15 years 20 days � After 15 years and thereafter 25 days 15.2 Employees who work less than full-time shall be granted vacation on a pro rata basis. ' 15.3 The head of the department may permit an employee to carry o ver into I' the following year up to ten days' vacation. 15.4 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 15.5 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he may convert any part of such excess to vacation at the rate of one-half day's vacation for each day of sick leave credit. 15.6 The maximum number of days' vacation allowed by the conversion of sick ieave credits shall be no more than five days in any one year so that the maximum vacation time which may be taken in any one year shall be forty days including the regular vacation period. - 17 - � : . � �,��3�� ARTICLE XVI - GRIEVANCE PROCEDURES 16.1 The EMPLOYER shall recognize stewards selected in accordance with UNION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the names of the Stewards and of their successors when so named. 16.2 It is recognized and accepted by the EMPLOYER and the UNION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the EMPLOYER. 16.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article VII, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this AGREEMENT, the employee involved shall attempt to resolve the matter on an informal basis with the employee's - 18 - ARTICLE XVI - GRIEVANCE PROCEDURES (continued) supervisor. If the matter is not resolved to the employee's I satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the UNION. The ' written grievance shall set forth the nature of the g rievance, the facts on which it is based, the alleged II�, section(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not � reduced to writing by the UNION within seven (7) calendar , days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. SteP 2. Within seven (7) calendar days after receiving the written grievance a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the UNION within three (3) calendar days following this meeting. The UNION ma.y refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. - 19 - . . � �.�,,,�� ARTICLE XVI - GRIEVANCE PROCEDURES (continued) Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated Employer Supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the EMPLOYER shall reply in writing to the � UNION stating the EMPLOYER'S answer concerning the i grievance. If, as a result of the written response the grievance remains unresolved, the UNION may refer the grievance to Step 4. Any grievance not referred to in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. Step 4. If the grievance remains unresolved, the UNION may within seven (7) calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutally agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relation Board to submit a panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION shall - 20 - � I ARTICLE XVI - GRIEVANCE PROCEDURES (continued) � strike the first (lst) name; the EMPLOYER shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. i 16.4 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the II�LOYER and the UNION and shall have no authority to make a ' decision on any other issue not so submitted. The arbitrator shall be , without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator' interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UNION, and the employees. 16.5 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the II�LOYER and the UNION, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the pro- ceedings, it may cuase such a record to be made, providing it pays for the record. 16.6 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. - 21 - _ . ��'��°`/ ARTICLE XVII - SAVINGS CLAUSE 17.1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of St. Paul. In the event any provision of this AGREEMENT shall hold to be contrary to law by a court of competent ! jurisdiction from who final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other � provisions shall continue in full force and effect. � - 22 - � . ,' � . .� ARTICLE XVIII - SEVERANCE PAY ' 18.1 The employer shall provide e severance pay program as set forth in this Article. 18.2 To be eligible for the severance pay program, an employee must meet � the following requirements: � 18.21 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions of the Public Employees Retirement Association (PERA) . ' 18.22 The employee must be voluntarily separated from City employment or have been sub�ect to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City Severance pay program. 18.23 The employee must have at least ten (10) years of service under the classified or unclassified Civil Service at the time of separation. 18.24 The employee must file a waiver of re-employment with the Director of Personnel, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type) , with the City or with Independent School District No. 625. 18.25 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 18.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to onehalf of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 18.4 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. - 23 - . . . G�.��-i�a/ � . � . ARTICLE XVIII - SEVERANCE PAY (continued) 18.5 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. 18.6 For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 18.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 18.8 This severance pay program shall be subject to and governed by the pro- visions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this article shall control. 18.9 An employee may, in any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this article or the ordinance shall constitute a bar to receiving severance pay from the other. - 24 - . , , � ARTICLE XIX - WAGE SCHEDULE I 19.1 The wage schedule for purposes of this contract shall be Appendix A, attached hereto. I I 19.2 The Vehicle Mechanic Leadworker rate will be 28C per hour higher than '� the Vehicle Mechanic rate. 19.3 The Welder Leadworker will be 28� per hour higher than the Welder rate. ' � - 25 - . .. . �� .�� ARTICLE XX - STRIKES, LOCKOUTS, WORK INTERFERENCE 20.1 The UNION and the EMPLOYER agree that there shall be no strikes, work stoppages, slow-downs, sitdown, stay-in, or other concerted interference with the EMPLOYER'S business or affairs by any of the said UNION and/or the members thereof, and there shall be no bannering during the existence of this AGREEEMENT without first using all possible means of peaceful settlement or any controversy which may arise. Employees engaging in same shall be liable for disciplinary action. - 26 - ARTICLE XXI - SICK LEAVE I 21.1 Sick Leave With Pay. During any period in which an employee is absent from work on sick leave with pay, the employee shall not be employed or engaged in any occupation for compensation outside of his regular city � employment. Violation of the provision of this paragraph by any i i employee shall be grounds for suspension or discharge. I I I i I - 27 - . . :, ��,��. � ARTICLE XXII - MATERNITY LEAVE 22.1 Maternity Leave. Maternity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the EMPLOYER may approve such leave at its option, and such leave may be no longer than one (1) year. - 28 - .•,� , ARTICLE XXIII - SAFETY SHOES 23.1 The EMPLOYER agrees to pay �30.00 toward the cost of a pair of safety shoes purchased by an employee who is a member of this unit. The EMPLOYER shall contribute toward the cost of one pair of shoes per contract year and shall not be responsible for any additional cost for I any additional shoes thereafter. This reimbursement of $30.00 shall be made only after investigation and approval by the immediate supervisor of that employee. This $30.00 Employer contribution shall apply only to those employees who are required to wear protective shoes or boots by the employer. � - 29 - � • � ��7-�.�� , ARTICLE XXIV - DURATION AND EFFECTIVE DATE 24.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this agreement. Any and all prior agreements, resolutions, practices, policies or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this agreement are hereby superseded. In those areas where Civil Service Rules are not inconsistent with this agreement the Civil Service Rules shall continue to be in effect. 24.2 Except as herein provided this agreement shall be effective as of the date it is executed by the parties and shall continue in full force and effect through June 30, 1989. Either party desiring to amend or modify this agreement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971. 24.3 This constitutes a tentative agreement between the parties which will be re- commended by the City Negotiator, but is subject to the approval of the Administration of the City, the City Council and is also subject to rati- fication by the Union. WITNESSES: CITY OF SAINT PAUL DISTRICT LODGE N0. 77, INTERNATIONAL ASSOCIATION OF MACHINISTS AND � AEROSPACE WORKERS AFL-CIO � � g � ' + B� SZ L� Labor Relations Manager Business Manager �. ' � � �., gY..__ C �%N�/ . ��l•at��.d- BY: -- Per el Director DATED THIS DAY OF AUGUST, 1987 ��`,��^'"" � ` - - 30 - . APPENDIX A The wage rates and salary ranges for classifications in this unit are shown below: EFFECTIVE EFFECTIVE JULY 4, 1987 JULY 3, 1988 Auto Body Repairman �15.00 �15.35 Machinist 15.00 �15.35 Mechanic-Welder 15.00 $15.35 Tire Repairman 14.44 �14.79 Vehicle Mechanic 15.00 $15.35 Vehicle Mechanic Leadworker 15.28 �15.63 Welder 15.00 �15.35 Welder Leadworker 15.28 �15.63 Auto Body Repairman Helper: Starting 60x of Auto Body Repairman Rate after 6 months 65x of Auto Body Repairman Rate after 1 year 70Z of Auto Body Repairman Rate after 2 years 75� of Auto Body Repairman Rate after 3 years and thereafter 80� of Auto Body Repairman Rate EFFECTIVE EFFECTIVE JULY 4, 1987 JULY 3, 1988 START 6 MOS START 6 MOS Audio Visual Equipment Repairman �12.74 �13.46 ;13.09 �13.81 Auto Washer 10.02 10.53 10.37 10.88 Equipment Repairman 12.27 12.97 12.62 13.32 Fire Buildings Repairer 12.27 12.97 12.62 13.32 Fire Equipment Serviceman 12.27 12.97 12.62 13.32 Parking Meter Repair Worker 12.27 12.97 12.62 13.32 Traffic Sign Worker 12.27 12.97 12.62 13.32 *Utilityman 12.27 12.97 12.62 13.32 Utilityman I 11.34 11.97 11.69 12.32 Vehicle Maintenance Worker (Heavy) 12.27 12.97 12.62 13.32 Vehicle Maintenance Worker (Light) 11.34 11.97 11.69 12.32 EFFECTIVE 7-4-87 EFFECTIVE 7-3-88 START 6 Mos. 1 Yr. START 6 Mos 1 Yr. Food Service Equip. Specialist Helper $8.23 $8.49 �8.81 58.58 �8.84 $9.16 - Al - ; � � ��.�a� . APPENDIX A (continued) EFF�CTIVE EFFECTIVE JULY 4, �1987 JULY 3, 1988 START 6 MOS 1 YR START 6 MOS 1 YR Parts Runner $7.17 $7.97 $8.81 $7.52 $8.32 $9.16 Communications Technician Helper $8.03 $8.29 $8.81 $8.38 $8.64 $9.16 Vehicle Mechanic Trainee First 2,000 hours 60z of the Vehicle Mechanic base rate Third 1,000 hours 65� of the Vehicle Mechanic base rate Fourth 1,000 hours 70� of the Vehicle Mechanic base rate Fifth 1,000 hours 75� of the Vehicle Mechanic base rate Sixth 1,000 hours 80' of the Vehicle Mechanic base rate Seventh 1,000 hours 85z of the Vehicle Mechanic base rate Eighth 1,000 hours 90� of the Vehicle Mechanic base rate The above July 4, 1987 rates represent a $0.35 per hour increase over the July 5, 1986 rates. The above July 3, 1988 rates represent a $0.35 per hour increase over the July 4, 1987 rates. - A2 -