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85-20 WHITE - CI7V CLERK / PINK - FINANCE COUflCll Y/J� CANARV - DEPARTMENT GITY OF SAINT PAITL File NO. `�� BLUE - MAVOR � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1985-1986 Agreement between the City of St. Paul and the Fire Fighters Local 21. Approved: Civil Servic Commission, Chair COUfVCILMEN Requested by Department of: Yeas ��er S�N� Drew �_ In Favor L ICE Mesenz Nicosia ;� scne�bei � __ Against BY ' Tedesco Wilson Adopted by Council: Date JAN 3 — �98J Form A roved by ity Atto e c Certified Pas e b ouncil Sec ary BY � By tappr by Mavor: Date �` J�� 8 — �QE�S Appro by Mayor for Submiss' n to ouno,itl By `�_ By BLISHE� ��,��n 1�; 1y85 � Personael Office _ DEPARTI�IENT (il— a`� � � TpAn E' s�hA^{A CONTACT � Za��42G1 pHONE . Deaember Zo, 1985 DATE : reen e e . (Routing and Explanation Sheet) Assign Number for Routing Order (Clip All Locations for Mayoral Signature): � Department Di rector Ci ty Attorney �� \� �9`� 3 Di rector of Management/Ma�yor . Finance and Management Services Director City Clerk RECEIVED Budget Director �� 2 0 1984 MAYOR'S OFFICE What Mill be Achieved b Takin Action on the Attached Materials? Pur ose Rationa This re a oves a two-year (1985-1986) Agreement between the City and th ' ire F' ers . The new Agreement includes chanqes in Administrative Service Fee, f.ar by Bid System, Insurance, Holidays, Premium Pay and tour of duty holiday, (which may be taken in time-off or money) ,a new insurance program and a wage increase of 4.75$. Du�' to a reduction in the City's cost for insurance under the new plan, the net cost for the first year of the Agreement is 4.5$ The second year calls for a 4.5$ wage increase and an additional new holiday (Martin Luther King Day) . The fi1tRYd11C�8� ,Bsu°d��'ary�n'��ersonne� �mpacts�fltlClpdfi2�or earl retirees. 1985: $580,165 1986: $575,737 �unding Source and Fund Activity Number Charged or Credited: Attachments (List and Number all Attachments): l. Resolution 2. Agreement 3. Copy for City Clerk DEPARTMEN'F REVIEW CITY ATTORNEY REVIEI� Yes No Council Resolution Required? Resolution Required? Yes No Yes No Insurance Required? Insurance Sufficient? Yes No�f� Yes No Insurance Attached? Revision of October, 1982 (�PP RPVPI"CP Sicfp for Instructions) . w �-- �`r-a d 1985 - 1986 AGREEMENT - between - THE CITY OF SAINT PAUL - and - THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AFL-CIO LOCAL 21 . . �' ��a� INDEX ARTICLE TITLE PAGE Preamble iii I Purpose 1 II Definitions 2 III Recognition 4 IV Security 5 V Employer Authority 6 VI Employee Rights - Grievance Procedure 7 VII Saving Clause 11 VIII Position Openings 12 IX Working Out of Classification 13 X Seniority 14 XI Overtime 17 XII Call Back 18 XIII Military Leave of Absence 19 XIV Insurance 21 XV Exchange of Tours of Duty 24 XVI Vacation 25 XVII Holidays 26 XVIII Incapacitation 27 XIX Residence 28 XX Sick Leave 29 XXI Fire-Fighting Equipment 30 XXII Station Supplies 31 XXIII Telephones 32 XXIV Wage Schedule 33 XXV Uniform Allowance 34 XXVI Legal Service 35 XXVII Severance Pay 36 XXVIII Phyaical Incapacitation 38 RXIX City Mileage 39 XXX Paid Time Off For Negotiations 40 XXXI Maintenance of Standards 41 XXXII Premiva► Pay for Paramedic and IIrITA Assignments 42 XXXIII Duration of Agreement 43 Appendix A A1 Appendix B B1 -ii- . . � �3=�� P R E A M B L E This AGREEMENT between the City of Saint Paul, hereinafter referred to as the EMPLOYER, and the International Association of Fire Fighters AFL-CIO Local 21, hereinafter referred to as the UNION. The ENIPLOYER and the UNION concur that this AGREEMENT has as its basic ob�ective the promotion of the mutual interests of the City of Saint Paul and its employees to provide the highest level of services by methods which will best serve the needs of the general public. -iii- ARTICLE I - PURPOSE 1.1 The EMPLOYER and the UNION agree that the purpose of entering into this AGREEMENT is to: 1.11 Achieve orderly and peaceful relations. 1.12 Establish the full understanding of the partiea concerning terms and conditions of this AGREEMENT. 1.13 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this AGREEMENT. 1.14 Place in written form the parties' agreement upon terms and con- ditions of employment for the duration of this AGREEMENT. -1- . � �F�5 pZ a ARTICLE II - DEFINITIONS 2.1 UNION: International Association of Fire Fighters AFL-CIO Local 21. 2.2 EMPLOYER: The City of Saint Paul. 2.3 UNION MEMBER: A member of the International Association of Fire Fighters AFL-CIO Local 21. 2.4 EMPLOYEE: A member of the exclusively recognized bargaining unit. 2.5 VACANCY: As determined by the department head, a funded position opening in a class spectfied in Article 3.2. 2.6 POSITION: Any specific office, employment or job in the Fire Department in a class specified in Article 3.2. 2.7 TOUR OF DUTY: A. For a fifty-six (56) hour work week employee: The performance of 3ob duties and acceptance of the responsi- bilitiea of a position for a consecutive and uninterrupted twenty-four (24) hour period from 8:00 a.m. 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 �ob duties and acceptance of the responsi- bilities of a position for a consecutive and uninterrupted eight (8) hour period within a calendar day. 2.8 SENIORITY: An EMPLOYEE'S length of continuous employment in the II�LOYER'S Fire Department. 2.9 DEPARTMENT: The fire department of the City of Saint Paul as established and amended from time to time pureuant to Section 9.01 of the City Charter. 2.10 OVERTIME: Work performed by an EMPLOYEE in excess of the II�LOYEE'S tour of duty by order of the II�IPLOYER. -2- ARTICLE ZI - DEFINITIONS (continued) 2.11 OVERTIME PAY: Overtime pay for the purposes of Articles XI and XII will be based on a forty (40) hour work week. 2.12 WORK WEEK: The work week for EMPLOYEES working twenty-four (24) hour tours of duty will be an averaged fifty-six (56) hour per calendar week. The work week for EI�LOYEES working eight (8) hour tours of duty will be forty (40) houre per caleadar week. 2.13 CALL BACK: A call to report for work by the II�PLOYER during an EMPLOYEE'S scheduled off time. -3- . � � ��-�a ARTICLE III - RECOGNITION 3.1 The EMPLOYER recognizes the UNION as the exclusive representative for the purpose of ineeting and negotiating the terms and conditions of employment for all eligible personnel under Minnesota Statutes. 3.2 Job classes which are within the bargaining unit and covered by this AGREEMENT are as follows: Emergency Preparedness Coordinator Fire Captain Fire Equipment Operator Fire Engineer Fire Fighter Fire Investigator Fire Prevention Inspector Fire Training Assistant Fire Alarm Dispatcher I Fire Alarm Dispatcher II 3.3 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified 3ob position, the issue shall be submitted to the Bureau of Mediation Services for determination. -4- ARTICLE IV - 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 UNION dues and assessments. Such monies shall be remitted as directed by the UNION. 4.2 The UNION may designate EMPLOYEES from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. 4.3 The EMPLOYER shall make space available on bulletin boards for posting UNION notice(s) and announcement(s) . 4.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claima, suits� orders or �udgments 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. 4.5 The UNION agrees that an administrative service fee of fifty cents ($0.50) per member per month shall be deducted by the City of Saint Paul from the amount withheld for dues or fairshare prior to remittance of dues or feirshare to the UNION. -5- ARTICLE VI - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6.1 Definition of Grievance A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. Tt is specifically uaderstood that any matters governed by civil service rules or statutory provisions shall not be considered grievances and sub�ect to the grievance procedure hereinafter set forth. No disciplinary action which may be appealed to a civil service authority will be considered a grievance and subject to the grievance procedure herein. 6.2 Union Representatives The EMPLOYER will recognize EMPLOYEE REPRESENTATIVES designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION REPRESENTATIVES and of their successors when so designated. The II�IPLOYER shall notify the UNION in writing of the name or names of the EMPLOYER'S grievance repre- sentatives and of their successors when so designated. 6.3 Processing of Griev&nces It is recognized and accepted by the UNION and the II�IPLOYER that the processing of grievances as hereinafter provided is limited by the �ob duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided the II�IPLOYEE and the UNION have notified and received the approval of the designated supervisor who has determined that such absence ie reasonable and would not be detrimental to the work programs of the EMPLOYER. -7- . � � �.S-a o ARTICLE V - EMPLOYER AUTHORITY 5.1 The UNION recognizes the right of the EMPLOYER to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the II�LOYER has not officially abridged, delegated or modified by this AGREEMENT are retained by the EMPLOYER. -6- , � ARTICLE VI - EMPLOYEE RIGHTS - GRIEVANCE PROCIDURE (continued) � (f,S-��d 6.4 Procedure Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure: Step 1: An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall within twenty-one (21) calendar days after such alleged violation has occured present such grievance to the EMPLOYEE'S super- visor as designated by the EMPLOYER. The EMF'LOYER-designated representative will diacuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing by the UNION setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative's fina.l answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2: If appealed, the written grievance shall be presented to and discussed with the EMPLOYER-designated Step 2 representa- tive. The EMPLOYER-designated representative shall give the UNION the IIKPLOYER'S Step 2 answer in writing within ten (10) calendar days after the receipt of such Step 2 grievance. A grievance not resolved ia Step 2 may be appealed to Step 3 by the UNION within ten (10) calendar days following the EMPLOYER-designated repre- sentative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. -8- ARTICLE VI - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) Step 3. A grievance unresolved in Step 2 and appealed to Step 3 shall be submitted to arbitration by the UNION sub�ect to the pro- visions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. 6.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of the AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. B. 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 is later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of the AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. -9- . � � �-�v ARTICLE VI - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) 6.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at the step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the UNION in each step. -10- ARTICLE VII - SAVINGS CLAUSE 7.1 In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final �udgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions shall continue in full force and effect. The voided provisions may be renegotiated at the request of either party. -11- � � � ��-�-�� ARTICLE VIII - POSITION OPENINGS 8.1 To expedite the filling of vacancies under civil service procedures, the head of the department or designated representative will: 8.11 Make requisition for certification of eligibles to fill a vacancy within fifteen (15) days after determining that a vacancy exists. 8.12 Within fifteen (15) days after the department head has met with the certified eligibles, he will fill a vacancy. 8.13 If no eligibility list is in effect when a vacancy occurs, the department head shall within fifteen (15) days request the appropriate civil service officials to conduct an exam- ination for the purposes of establishing an eligibility list. -12- ARTICLE IX - WORKING OUT OF CLASSIFICATION 9.1 Any EMPLOYEE required by the ENIPLOYER to perform the work duties and accept the responsibilities of a higher class, will receive the rate of pay for that class beginning with the tour of duty, provided that he shall work a full tour of duty. It is understood that the higher rate shall not apply when an EMPLOYEE works in the higher class for less than a full tour of duty. -13- . � .� �s-�a ARTICLE X - SENIORITY 10.1 Department Seniority. For the purposes of this AGREEMENT department seniority shall be defined as the length of continuous and uninterrupted employment in the fire department. 10.2 Seniority Lists. The department shall maintain at all times during this AGREEMENT seniority lists by department. 10.3 Loss of Department Seniority. An EMPLOYEE will lose acquired department seniority in the following instances: 10.31 Resignation 10.32 Discharge 10.33 Retirement 10.4 Work Force Reduction. � In the event of a reduction in the department work force, such reduction shall occur on the basis of seniority in the department. 10.5 Reduction in Rank. Reduction in rank shall be in accordance with the Civil Service Rules as of June 30, 1973. (Except as indicated below) 10.51 Reduction in rank for periods up to but no more than 30 consecutive calendar days will be by platoon seniority. 10.52 Reduction iu rank for more than 30 consecutive calendar days shall be in accordance with the Personnel Rules as of June 30, 1973. 10.53 There will be a minimum of 3.6 regular Fire Captains appoiated for each engine, squad and ladder company. 10.54 There will be a minimum of 3.6 regular Fire Equipment Operators - Fire Engineers appointed for each engine, squad and ladder company. This minimum number shall include the starred men in this position until they are phased out by normal attrition. 10.55 When promotion positions (Fire Captain - Fire Equipment Operator) fall below minimum requirements (3.6 per position) , the Chief of the Fire Department will use existing eligibility lists to fill vacancies within 15 calendar days. - 14 - ARTICLE X - SENIORITY (continued) 10.56 Short Term Demotion: 1. The man demoted goes to the last rank held and is assigned to the pool. 2. Vacation selections will not be affected by short term demotion (i.e. Fire Captain demoted for short term to Fire Fighter will retain his vacation selection in the Fire Captain rank.) 10.57 All promoted personnel will be designated a platoon regardless of sesigt�ment. Such platoon assignment will determine their seniority to be followed in cases of reduction in accordance with Section 10.51. 10.6 Job Transfer by Bid System The EMPLOYER and the UNION recognize the principal of seniority. In the event of a �ob opening due to the promotion, transfer, demotion, retirement or demise of an employee, which the employer determines should be filled by a lateral transfer, such transfer shall be made in accordance with the follow- ing provisions. 10.61 Al1 positions to be filled by lateral transfer shall be announced by bulletin, which shall be posted for a period of thirty (30) days prior to the date service is to commence in the vacant position. Such positions shall be considered open for written bid for the thirty (30) day period. 10.62 For the convenience of the employer, temporary assignment to a vacant position may be made during the thirty (30) day period for which the position is open for bid. Any such temporary assignment, however, shall not be of a duration in excess of two (2) days beyond the e�cpiration of the thirty (30) day bid period. 10.63 Employees who desire bulletined positions shall file written applications therefor not later than 2400 hours on the date of expiration of the bid period. Such applications shall be filed by delivery to the employee's Union officer of the original and one copy of the application, both of which shall be time stamped when received. The LTnion officer shall be responsible for deli- vering the original application to the employer and all such applications shall be so delivered not later than 1630 hours on the day following the close of the bid period. 10.64 Assignment to positions for which bids have been received shall be made not later than the second day following the close of the bid period. 10.65 In the event one or more employees submit bids for the same position, the position shall be filled in accord with the following: - 15 - . . � �3�d ARTICLE X - SENIORITY �continued) a) �cept in those cases contemplated by subparagraph (b) , below, the bidding employee with the greatest seniority shall be transferred to fill the position. Provided, however, that in the event that the employer determines that transfer of the most senior applicant or less senior applicant(s) is not in the best interest of the Department, another employee may be transferred to fill the position. In every such case, however, the employer shall provide to the most senior bidder and any other unsuccessful less senior bidder(s) a written etatement of the reasons and factual basis on which the decision not to transfer him to fill the position was based. b) In cases where the position to be filled by lateral transfer is such that a paramedic who bid therefor would, if transferred to fill the position, be enabled to make use of his paramedic skills and training, the employer may transfer the most senior paramedic who bid to fill the position without regard to the seniority of other applicants. 1Q.66 In the event no bid is received for a posted position, the employer may offer the position to any employee or transfer the most �unior employee on the seniority roster to fill the position, or relist on subsequent bulletin. 10.67 When an employee bids for and is awarded a bulletined position and in the event the employer determines that the employee's former position is to be filled by lateral transfer, the employee's former position shall be filled in accordance with the terms set forth above. 10.68 Employees who have bid £or and been awarded a bulletined position shall not be permitted to bid for the vacancy created by their transfer until that vacancy has been filled at least once in the manner set forth herein. 10.69 Assignment to positions on the rescue squards shall be made in the following manner: a) When a vacancy for Captain occurs, the position shall be posted with the other normal vacancies. The Employer shall fill the position with any Captain that has bid for the position without regard to seniority. b) When a vacancy for Fire Equipment Operator occurs, the normal bid procedure shall be used. c) Three Firefighter positions will be assigned on each rescue squad. Each Firefighter assigned to one of these positions will remain for a maximum of three years. When a vacancy for Firefighter is to be filled, the position shall be posted with the other normal vacancies. The Employer shall fill the position with any Fire Fighter that has bid for the position without regard to seniority. - 16 - ARTICLE XI - OVERTIME 11.1 EMPLOYEES required to work hours in excess of their assigned tour of duty will be compensated at the rate of one and one-half (1'�) times the EMPLOYEE'S normal rate in cash or in compensatory time at the option of the Employer. 11.2 (a) EMPLOYEES working a forty (40) hour work week may accumulate up to a maximum of forty (40) hours of compensatory time. (b) It is also agreed that FIRE PREVENTION EMPLOYEES may accumulate up to a maximum of fifty-six (56) hours of compensatory time. It is understood that compensatory time sha.11 be scheduled only with the prior approval of management, and that such time shall not be scheduled so as to interfere with operations. Such time shall normally be scheduled in eight (8)-hour segments, except that FIRE PREVENTION EhIPLOYEES may, with the approval of the Fire Chief, take time off in four (4)-hour segments. - 17 - ARTICLE XIV - INSURANCE 14.1 The EMPLOYER will continue for the period of this AGREEMENT to provide for EMPLOYEES such health and life insurance benefits as are provided by IIKPLOYER at the time of execution of this AGREEMENT. 14.2 The EMPLOYER will for the period of this AGREEMENT provide for EhlPLOYEES who retire after the time of execution of this AGREEMENT� and until such II�LOYEES reach sixty-five (65) years of age, such health insurance benefits as are provided by the EMPLOYER for such EMPLOYEES. 14.3 Effective January 1, 1985. for each employee who retires during the term of this AGREEMENT and is eligible for early retiree benefits under the te�s set forth ia this article and who selects employee insurance coverage, the II�LOYER agrees to contribute the cost of such coverage or $118.62 per month, whichever is leas. In addition, for each eligible early retiree who selects dependent's insurance coverage, the EMPLOYER will contribute the cost of such dependent's coverage or $198.10 per month, whichever is less. Effective January, 1986� the dollar caps specified in this Article 14.3 shall be ad�usted to equal the January, 1986 premium cost for the health insurance plan offered to the City by Blue Cross-Blue Shield for early retirees. In order to be eligible for City benefits under the early retiree provision� the Employee must: 14.31 Be receiving benefits from a public employee retirement act. 14.32 Have severed his/her relationship with the City of St. Paul under one of the early retiree plans. - 21 - . . �= g5-�� ARTICLE RIII - MILITARY LEAVE OF ABSENCE (continued) 13.2 Leave Without Pay Any E1�LOYEE who engages in active service in time of war or other emergency declared by proper authority of aay of the military or naval forces of the state or of the United States for which leave is not otherwise allowed by law shall be entitled to leave of absence from employment without pay during such service with right of reinstatement and sub3ect to such conditions as are imposed by law. 13.3 Such leaves of absence as are granted under Article %iII shall conform to Minnesota Statutes, Section 192, as amended from time to time and shall confer no additional benefits other than those granted by said statute. - 20 - ARTICLE XIII — MILITARY LEAVE OF ABSENCE 13.1 Pay Allowance Any EMPLOYEE who shall be a member of the National Guard, the Naval Militia or any other component of the militia of the state, now or hereinafter organized or constituted under state or federal law, or who shall be a member of the Officer's Reserve Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval force of the United States, now or hereafter organized or constituted under federal law, shall be entitled to leave of absence from employment without loss of pay, seniority status, efficiency rating, vacation, sick leave or other benefits for all the time when such EMPLOYEE is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, provided that such leave shall not exceed a total of fifteen (15) days in any calendar year and further provided that such leave shall be allowed only in case the required military or naval service is satisfactorily performed, which shall be presumed unless the contrary is established. Such leave shall not be allowed unless the EMPLOYEE (1) returns to his position immediately upon being relieved from such military service and not later than the expiration of the time herein limited for such leave, or (2) is prevented from so returning bq physical or mental disability or other cause not due to such E1�LOYEE'S owa fault, or (3) is required by proper suthority to continue in such military or naval service beyond the time herein limited for such leave. — 19 — . �� d ARTICLE XII - CALL BACK 12.1 EMPLOYEES required to report for work by the EMPLOYER duriag scheduled off-duty time will be compensated at the rate of one and one-half (1�) times the EI�LOYEE'S normal hourly rate. The minimum payment under this Article will be four (4) times the EMPLOYEE'S hourly rate. An early report of two (2) hours or less or an extension of a normally scheduled tour of duty ehall not qualify an EMPLOYEE for this minimum payment. - 18 - ARTICLE XI - OVERTIME 11.1 EMPLOYEES required to work hours in excess of their assigned tour of duty will be compensated at the rate of one and one-half (1'�) times the EMPLOYEE'S normal rate in cash or in compensatory time at the option of the Employer. 11.2 (a) II�LOYEES working a forty (40) hour work week may accumulate up to a maximum of forty (40) hours of compensatory time. (b) It is also agreed that FIRE PREVENTION II�PLOYEES may accumulate up to a maximum of fifty-six (56) hours of compensatory time. It is understood that compeasatory time sha.11 be echeduled only with the prior approval of management, and that such time shall not be scheduled so as to interfere with operations. Such time ehall normally be scheduled in eight (8)-hour segments, except that FIRE PREVENTION II�LOYEES may, with the approval of the Fire Chief, take time off in four (4)-hour segments. - 17 - . ��ad � ARTICLE X - SENIORITY �continued) a) Except in those cases contemplated by subparagraph (b) , below, the bidding employee with the greatest seniority shall be transferred to fill the position. Provided, however, that in the event that the employer determines that transfer of the most senior applicant or less senior applicant(s) is not in the best interest of the Department, another employee may be transferred to fill the position. In every such case, however, the employer shall provide to the most senior bidder and any other unsuccessful less senior bidder(s) a written statement of the reasons and factual basis on which the decision not to transfer him to fill the position was based. b) In cases where the position to be filled by lateral transfer is such that a paramedic who bid therefor would, if transferred to fill the position, be enabled to make uee of his paramedic skills and training, the employer may transfer the most senior paramedic who bid to fill the position without regard to the seniority of other applicants. 1 0.66 In the event ao bid is received for a posted position, the employer may offer the position to anq employee or transfer the most �unior employee on the seniority roster to fill the position, or relist on subsequent bulletin. 10.67 When an employee bids for and is awarded a bulletined position and in the event the employer determines that the employee's former position is to be filled by lateral transfer, the employee's former poeition shall be filled in accordance with the terms set f orth above. 10.68 Employees who have bid for and been awarded a bulletined position shall not be permitted to bid for the vacancy created by their transfer until that vacancy has been filled at least once in the manner set forth herein. 10.69 Assignment to positions on the rescue squards shall be made in the following manner: a) When a vacancy for Captain occurs, the position shall be posted with the other normal vacancies. The Employer shall fill the position with any Captain that has bid for the position without regard to seniority. b) When a vacancy for Fire Equipment Operator occurs, the normal bid procedure shall be used. c) Three Firefighter positions will be assigned on each rescue squad. Each Firefighter assigaed to one of these positions will remain for a maximum of three years. When a vacancq for Firefighter is to be filled, the position shall be posted with the other normal vacancies. The Employer shall fill the position with any Fire Fighter that has bid for the position without regard to seniority. - 16 - ARTICLE X - SENIORITY (continued) 10.56 Short Term Demotion: 1. The man demoted goes to the last rank held and is assigned to the pool. 2. Vacation selections will not be affected by short term demotion (i.e. Fire Captain demoted for short term to Fire Fighter will retain his vacation selection in the Fire Captain rank.) 10.57 All promoted personnel will be designated a platoon regardless of assignment. Such platoon assignment will determine their seniority to be followed in cases of reduction in accordance with Section 10.51. 10.6 Job Transfer by Bid System The E1�LOYER and the UNION recognize the principal of seniority. In the event of a �ob opening due to the promotion, transfer, demotion, retirement or demise of an employee, which the employer determines should be filled by a lateral transfer, such transfer shall be made in accordance with the follow- ing provisions. 10.61 All positions to be filled by lateral transfer shall be announced by bulletin, which shall be posted for a period of thirty (30) days prior to the date aervice is to commence in the vacant position. Such positions shall be considered open for written bid for the thirty (30) day period. 10.62 For the conveaience of the employer, temporary assignment to a vacant position may be made during the thirty (30) day period for which the position is open for bid. Any such temporary assignment� however, shall not be of a duration in excess of two (2) days beyond the expiration of the thirty (30) day bid period. 10.63 Employees who desire bulletined positions shall file written applications therefor not later than 2400 hours on the date of expiration of the bid period. Such applications shall be filed bq delivery to the employee's Union officer of the original and one copy of the application, both of which shall be time stamped when received. The LTnion officer shall be responsible for deli- vering the original application to the employer and all such applications shall be so delivered not later than 1630 hours on the day following the close of the bid period. 10.64 Assignment to positions for which bids have been received shall be made not later than the second day following the close of the bid period. 10.65 In the event one or more employees submit bids for the same position, the position shall be filled in accord with the following: - 15 - G��Q ARTICLE X - SENIORITY 10.1 Department Seniority. For the purpoaes of this AGREEMENT department seniority shall be defined as the length of continuoue and uninterrupted employment in the fire department. 10.2 Seniority Lists. The department shall maintain at all times during this AGREEMENT seniority lists by department. 10.3 Loss of Department Seniority. An EMPLOYEE will lose acquired department seniority in the following instances: 10.31 Resignation 10.32 Discharge 10.33 Retirement 10.4 Work Force Reduction. " In the event of a reduction in the department work force, such reduction shall occur on the basie of seniority in the department. 10.5 Reduction in Rank. Reduction ia rank shall be in accordance with the Civil Service Rules as of June 30, 1973. (Except as indicated below) 10.51 Reduction in rank for periods up to but no more than 30 consecutive caleadar days will be bq platoon seniority. 10.52 Reduction in rank for more than 30 consecutive calendar daye shall be in accordance with the Personnel Rules as of June 30, 1973. 10.53 There will be a minimum of 3.6 regular Fire Captains appoiated for each engine, squad and ladder company. 10.54 There will be a minimum of 3.6 regular Fire Equipment Operators - Fire Engineers appointed for each engine, squad and ladder company. This minimwn number shall include the starred men in this position until they are phased out by normal attrition. 10.55 When promotion positions (Fire Captain - Fire Equipment Operator) fall below minimum requirements (3.6 per position) , the Chief of the Fire Department will use existing eligibility lists to fill vacancies within 15 calendar days. - 14 - ARTICLE IX - WORKING Ot�T OF CLASSIFICATION 9.1 Any EMPLOYEE required by the EMPLOYER to perform the work duties and accept the responsibilities of a higher class, will receive the rate of pay for that class beginning with the tour of duty, provided that he shall work a full tour of duty. It is understood that the higher rate shall not apply whea an EMPLOYEE works in the higher class for less than a full tour of duty. -13- . � , �_ ��-�� ARTICLE VIII - POSITION OPENINGS 8.1 To expedite the filling of vacancies under civil service procedures, the head of the department or designated representative will: 8.11 Make requieition for certification of eligibles to fill a vacancy within fifteen (15) days after determining that a vacancy exists. 8.12 Within fifteen (15) days after the department head has met with the certified eligibles, he will fill a vacancy. 8.13 If no eligibilitq list is in effect when a vacancy occurs, the department head ehall within fifteen (15) days request the appropriate civil service officials to conduct an exam- ination for the purposes of establishing an eligibility list. -12- ARTICLE VII - SAVINGS CLAUSE 7.1 In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final 3udgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions shall continue in full force and effect. The voided provieions may be renegotiated at the request of either party. -11- . l� ��a° ARTICLE VI - EMPLOYEE RIGHTS - GRIEVANCE PROCIDURE (continued) 6.6 Waiver If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed exteasion thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the II�IPLOYER does not anewer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at the step and immediately appeal the grievance to the next step. The time limit in each step maq be extended by mutual written agreement of the EMPLOYER and the UNION in each step. -10- ARTICLE VI - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) Step 3. A grievance unresolved in Step 2 and appealed to Step 3 shall be submitted to arbitration by the UNION sub�ect to the pro- visions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. 6.5 Arbitrator's Authority A. The arbitrator ehall have no right to amend� modify, nullify, ignore, add to, or subtract from the terms and conditions of the AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing bq the II�LOYER and the UNION, and shall have no authority to make a decision on any other iseue not so submitted. B. 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 is later, ualess the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of the AGREEMEI3T and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. -9- , ARTICLE VI - II�LOYEE RIGHTS - GRIEVANCE PROCIDURE (continued) /f,` pr`�v �� d�� 6.4 Procedure Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure: Step 1: An EMF�LOYEE claiming a violation concerning the interpretation or application of this AGREII�iEENT shall within twenty-one (21) calendar days after such alleged violation has occured present such grievance to the EMPLOYEE'S super- visor as designated by the IIKPLOYER. The II�LOYER-designated representative will diecuss and give an answer to such Step 1 grievance within tea (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writiag by the UNION setting forth the aature of the grievance, the facts on which it is based, the provision or provisione of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the II�IPLOYER-desigaated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be coasidered waived. Step 2: If appealed, the written grievaace shall be presented to and discuesed with the F.MPLOYER-desigaated Step 2 representa- tive. The II�LOYER-designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after the receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 by the UNION within ten (10) calendar days following the II�IPLOYER-desigaated repre- sentative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be coneidered waived. -8- ARTICLE VI - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6.1 Definition of Grievance A grievance is defined as a dispute or disagree�►ent as to the interpretation or application of the specific terms and conditions of this AGREEMENT. Tt is specifically underetood that any matters governed by civil service rules or statutory provisioas shall not be considered grievances and sub�ect to the grievance procedure hereinafter set forth. No disciplinary action which may be appealed to a civil service authority will be considered a grievance and subject to the grievance procedure herein. 6.2 Union Representatives The II�LOYER will recognize EMPLOYEE REPRESENTATIVES designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION REPRESENTATIVES and of their successors when so desigaated. The II�PLOYER shall notify the UNION in writing of the name or names of the F.MPLOYER'S grievance repre- sentatives and of their successors when so designated. 6.3 Processing of Grievances It is recognized and accepted by the UNION and the F.MPLOYER that the proceesing of grievances as hereinafter provided is limited by the �ob duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such II�LOYEE duties and responsibilities. The aggrieved EMPLOYEE and the UNION shall be allowed a reasonable amouat of time without loss of pay when a grievance is investigated aad presented to the EMPLOYER during normal working hours provided the EMPLOYEE and the UNION have notified and received the approval of the designated supervisor who has determined that such absence ie reasonable and would not be detrimental to the work programs of the EMPLOYER. -7- � �� s-aa ARTICLE V - EMPLOYER AUTHORITY 5.1 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 suthorities. The rights and suthority which the EMPLOYER has not officially abridged, delegated or modified by this AGREEMENT are retained by the EMPLOYER. -6- ARTICLE IV - 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 UNION dues and assessments. Such moaies shall be remitted as directed by the UNION. 4.2 The UNION may designate EMPLOYEES from the bargaining unit to act as stewards and shall inform the EMPLOYER in writing of such choice. 4.3 The EMPLOYER shall make space available on bulletin boards for posting UNION notice(s) aad announcement(s) . 4.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits� orders or �udgments 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. 4.5 The UNION agreea that an administrative service fee of fifty cents ($0.50) per member per month shall be deducted by the City of Saint Paul from the amount withheld for dues or fairshare prior to remittance of dues or fairshare to the UNION. -5- � � (;F ��-�a ARTICLE III - RECOGNITION 3.1 The EMPLOYER recognizes the UNION as the exclusive representative for the purpose of ineeting and negotiating the terms and conditions of employment for all eligible personnel under Minnesota Statutes. 3.2 Job classes which are within the bargaining unit and covered by this AGREEMENT are as follows: Emergency Preparednese Coordinator Fire Captain Fire Equipment Operator Fire Engineer Fire Fighter Fire Investigator Fire Prevention Inspector Fire Training Assistant Fire Alarm Dispatcher I Fire Alarm Dispatcher II 3.3 In the event the EMPLOYER and the UNION are unable to agree as to the iaclusion or exclusion of a new or modified 3ob position, the issue shall be submitted to the Bureau of Mediation Services for determination. -4- ARTICLE II - DEFINITIONS (coatinued) 2.11 OVERTIME PAY: Overtime pay for the purposes of Articles RI and XII will be based on a forty (40) hour work week. 2.12 WORK WEEK: The work week for II�SPLOYEES working twenty-four (24) hour tours of duty will be an averaged fifty-six (56) hour per calendar week. The work week for E1�LOYEES working eight (8) hour tours of duty will be forty (40) houra per calendar week. 2.13 CALL BACK: A call to report for work by the II�PLOYER during an II�PLOYEE'S scheduled off time. -3- . � � �� `� b ARTICLE II - DEFINITIONS 2.1 UNION: International Association of Fire Fighters AFL-CIO Local 21. 2.2 EMPLOYER: The City of Saint Paul. 2.3 UNION MEMBER: A member of the International Association of Fire Fighters AFL-CIO Local 21. 2.4 II�LOYEE: A member of the exclusively recognized bargaining unit. 2.5 VACANCY: As determined by the department head, a funded position opening in a class specified in Article 3.2. 2.6 POSITION: Any specific office, employment or �ob in the Fire Department in a clasa specified in Article 3.2. 2.7 TOUR OF DUTY: A. For a fifty-six (56) hour work week employee: The performance of job duties and acceptance of the responsi- bilities of a positioa for a consecutive and uninterrupted twenty-four (24) hour period from 8:00 a.m. 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 �ob duties and acceptance of the responsi- bilities of a position for a consecutive and uninterrupted eight (8) hour period within a calendar day. 2.8 SENIORITY: An E1�LOYEE'S length of continuous employment in the E1�LOYER'S Fire Department. 2.9 DEPARTMENT: The fire department of the City of Saint Paul as established and amended from time to time pureuant to Section 9.01 of the City Charter. 2.10 OVERTIME: Work performed by an EMPLOYEE in excess of the E1�LOYEE'S tour of duty by order of the II�LOYER. -2- ARTICLE I - PL'RPOSE 1.1 The EMPLOYER and the UNION agree that the purpose of entering into this AGREEMENT is to: 1.11 Achieve orderly and peaceful relations. 1.12 Establish the full understanding of the parties concerning terms and conditions of this AGREEMENT. 1.13 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this AGREEMENT. 1.14 Place in written form the parties' agreement upon terms and con- ditions of employment for the duration of this AGREEMENT. -1- . � ��--av P R E A M B L E This AGREEMENT between the City of Saint Paul, hereinafter referred to as the EMPLOYER, and the Intemational Association of Fire Fighters AFL-CIO Local 21, hereinafter referred to as the UNION. The EMPLOYER and the UNION concur that this AGREEMENT has as its basic objective the promotioa of the mutual interests of the City of Saint Paul and its employees to provide the highest level of services by methods which will best serve the needs of the general public. -iii- , � ��'� �� INDEX ARTICLE TITLE PAGE Preamble iii I Purpose 1 II Definitions 2 III Recognition 4 IV Security 5 V Employer Authority ( VI Employee Rights - Grievance Procedure 7 VII Saving Clause 11 VIII Position Openings 12 IX Working Out of Classification 13 X Seniority 14 XI Overtime 17 XII Call Back lg XIII Military Leave of Absence 19 XIV Insurance 21 XV Exchange of Tours of Duty 24 RVI Vacation 25 XVII Aolidays 2( XVIII Incapacitation 27 XIX Residence Zg XX Sick Leave 29 7IXI Fire-Fighting Equipment 30 XXII Station Supplies 31 XXIII Telephones 32 �IXIV Wage Schedule 33 XXV Uaiform Allowance 34 XRVI Legal Service 35 XXVII Severance Pay 36 XXVIII Physical Incapacitation 38 RXIX City Mileage 39 XXX Paid Time Off For Negotiations 40 RXXI Maintenance of Standards 41 XXXII Premium Pay for Paramedic and EMTA Assignments 42 XXXIII Duration of Agreemeat 43 Appendix A p� Appendix B B1 -ii- - . , ,. f � �� 1985 - 1986 AGREEMENT - between - THE CITY OF SAINT PAUL - and - THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AFL-CIO LOCAL 21 -- - - - -- - - - -- - - - •= - - - - - -- - - -- - - - - -- - - ,,, WNITE — C�TY CLERK PINK — FINANCE COUACIl P CANARV — DEPARTMENT GITY OF SAINT PAUL File NO. v� —�� BLUE — MAVOR � Council Resolution CITY CLERK Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1985-1986 Agreement between the City of St. Paul and the Fire Fighters Local 21. Approveds Civil Service Commission, Chair "s . COUNCILMEN Requested by Department of: Yeas Nays Fletehsr pERSONNEL OFFICE . °ri" [n Favor M�pnz Nicosla scnetbet Against BY Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date Certified Yassed by Council Secretary BY By Approved by 1Aavor: Date Approved by Mayor for Submission to Council By BY , � �� ---�a APPENDIX nB�� Unit Price Regulation "West Point" long sleeve police shirt. . . . . . . . . . . . . $ 7.00 Regulation "West Point" short sleeve police shirt . . . . . . . . . . . . $ 6.45 Ranking Officer's white uniform shirt, long sleeve, West Point 7500C. . . $ 6.50 Ranking Officer's white uniform ehirt, short sleeve, West Point 7500C . . $ 6.00 Jersey type long sleeve sweat shirt, navy blue - Wilson 8632. . . . . . . $ 3.30 Jersey type 3/4 sleeve sweat shirt, navy blue - Wilson 8632 . . . . . . . $ 3.30 Fechheimer Bros. navy blue trousers 32200 . . . . . . . . . . . . . . . . $ 8.75 Fechheimer Bros. navy blue trousers 32250 . . . . . . . . . . . . . . . . $ 8.25 Jacket - Light weight, waist style Fechheimer 4�32100. . . . . . . . . . . $10.00 Surcoat - Energy 100FD - Sizes 48-50 add 10y, - longs add 101' . . . . . . $30.75 Parka - Navy - Butwin 111SP Regular sizes 34-46. . . . . . . . . . . . . . . . . . . . . . . . . $39.00 Extra sizes 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . $42.90 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . $44.85 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . $49.00 Long . . . . . . . . . . . . . . . . . . . . . . . . . . $42.90 Liners for summer uniform fire fighter jacket - Fechheimer Bros. 32704. . $ 5.60 SEWING COSTS: No cost when ordered with �acket otherwise. . . . . . $ 1.00 Caps Trooper Cap . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4.95 Chiefs Navy-Style Midwest-N.W. . . . . . . . . . . . . . . . . . . . $ 6.25 8 pt. Midwest-N.W. . . . . . . . . . . . . . . . . . . . . . . . . . $ 4.25 Belts - leather - black - 1'� inch . . . . . . . . . . . . . . . . . . . . $ 1.45 Shoes Wedge style oxford - Red Wing shoe �i101. . . . . . . . . . . . . . . $ 4.95 Slip on style oxford - FLOAT-AWAYS 4�J5347. . . . . . . . . . . . . . $15.50 Slip on style oxford - FLOAT-AWAYS ��J5318. . . . . . . . . . . . . . $14.50 Lace style oxford - FLOAT-AWAYS Z5096. . . . . . . . . . . . . . . . $14.50 Slip on style oxford Weinbrenner 1635. . . . . . . . . . . . . . . . $15.95 Slip on style oxford Weinbrenner 1435. . . . . . . . . . . . . . . . $12.00 Lace style oxford T5152 Mocc toe . . . . . . . . . . . . . . . . . $16.50 Lace style oxford Weinbrenner 1225 . . . . . . . . . . . . . . . . . $16.50 Lace style oxford Weinbrenner 1250 . . . . . . . . . . . . . . . . . $16.50 Socks Munsingwear #40. . . . . . . . . . . . . . . . . . . . . . . . . . . $ .65 Munsingwear �415 - stretch style . . . . . . . . . . . . . . . . . . $ .65 Ties - black, 4-in-hand, or snap-on style . . . . . . . . . . . . . . . . $ 1.00 - Bl - . � C�- �_a � APPENDIX "A�► Fire Fighter EFFECTIVE A B C D E F 10-yr 15-yr 1-5-85 869.93 913.41 959.09 997.81 1048.83 1091.34 1148.02 1176.38 1-4-86 909.08 954.51 1002.25 1042.71 1096.03 1140.45 1199.68 1229.32 Fire Alarm Dispatcher I *Fire Engineer Fire Equipment Operator " Fire Prevention Inspector A B C D E F 10-yr 15-yr 1-5-85 939.52 986.48 1035.82 1077.63 1132.74 1178.65 1239.86 1270.49 1-4-86 981.80 1030.87 1082.43 1126.12 1183.71 1231.69 1295.65 1327.66 Emergency Preparedness Coordinator Fire Alarm Dispatcher II Fire Captain Fire Investigator Fire Training Assistant A B C D E F 10-yr 15-yr 1-5-85 1026.52 1077.82 1131.73 1177.42 1237.62 1287.78 1354.66 1388.13 1-4-86 1072.71 1126.32 1182.66 1230.40 1293.31 1345.73 1415.62 1450.60 The above January 5, 1985 rates represent a four and three-fourths percent (4.75;6) increase over the January 7, 1984 rates. The above January 4, 1986 rates represent a four and one-half percent (4.SZ) increase over the January 5, 1985 rates. - A1 - ARTICLE XXXIII - DURATION OF AGREEMENT 33.1 Except as herein provided, this AGREEMENT shall be effective as of January 1, 1985 and shall continue in full force and effect thru the 31st day of December, 1986, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify this AGREEMENT shall notify the other in writing so as to comply with the provisions of the Minnesota Public Employment Labor Relations Act of 1971 as amended. WITNESSES: CITY OF SAINT PAUL INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL N0. 21 BY: BY: Labor Relations Director President BY: BY: Civil Service Commission Secretary-Treasurer BY: BY: Mayor Recording Secretary BY: BY: Dated at St. Paul, Minnesota - 43 - . - �� - a a ARTICLE XXXII - PREMIUM PAY FOR PARAMEDIC AND EMTA ASSIGNMENTS 32.1 Any employee who is assigaed to an advanced life support unit as a Paramedic shall be paid a differential of six percent (6�) of his/her regular base rate. Only employees who have satisfactorily completed all required Paramedic training shall be eligible for such assignment and pay differential. � 32.2 Any employee who is assigned to an advanced life support unit or a basic life support unit as an Emergency Medical Technician-Assigned (EMTA) shall be paid a differential of three percent (3Y) of his/her regular base rate. Only employees who have satisfactorily completed all required EMT training shall be eligible for such assignment and pay differential. 32.3 Any employee who is assigned to a designated hazardous materials response unit shall be paid a differential of three percent (3%) of his/her regular base rate. - 42 - ARTICLE X1IXI - MAINTENANCE OF STANDARDS 31.1 The parties agree that all conditions of employmeat relating specifically to wages, hours of work, vacations, holidays and sick leave except as modified by this agreement shall be maintained at not less than the minimum standard as set forth in the Civil Service Rules of the City of Saint Paul, (Resolution No. 3250) and Resolution No. 6446 at the time of the signing of this AGREEMENT, and these conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this AGREIIdENT. It is specifically agreed that the Civil Service Rules set forth above are not a part of this contract and that these rules shall only be amended by the present legislative process by the Civil Service Commission and the City Council. - 41 - � ��= �� ARTICLE XXX - PAID TIME OFF FOR NEGOTIATIONS 30.1 Employees elected to office in Local 21 shall be granted reasonable time off to meet with City officials for contract negotiations without loss of pay. The number of employees permitted to attend such negotiations shall be limited to two at any one meeting and such employee shall give prior reasonable notice for such absence and receive approval of the employee's designated supervisor. - 40 - ARTICLE XXIX - CITY MILEAGE � 29.1 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. 29.2 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 performiag the duties of the employee's position. In addition, the employee shall be reimbursed 15� per mile for each mile actually drivea. 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 sha.11 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 15� per mile driven and shall not be eligible for any per diem. 29.3 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. 29.4 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 daye 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 in�ury, 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. - 39 - . �_ �--ao ARTICLE XXVIII - PHYSICAL INCAPACITATION 28.1 Any physical incapacitated EMPLOYEE unable to perform normal work duties may be assigned at the direction of the department head to perform the duties of Fire Dispatcher, Fire Inspector, Fire Investigator or Fire Training Assistant. II�LOYEES so assigaed by the department head will receive their regular rate of pay for a period not to exceed one hundred and eighty (180) days. After one hundred and eighty (180) days, II�LOYEES so assigned will receive their regular pay rate or the Dispatcher II pay rate -- whichever is lower. - 38 - ARTICLE XXVII - SEVERANCE PAY (Continued) 27.5 For the purpoae 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. 27.6 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. 27.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 27.8 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 proviaions of this article shall control. 27.9 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, sectioa 6, draw severance pay. However, an election by the employee to draw severance pay under either this article or the orditsaace shall constitute a bar to receiving severance pay from the other. - 37 - , � ��-�° ARTICLE XXVII - SEVERANCE PAY 27.1 The employer shall provide a severance pay program as set for in this Article. 27.2 To be eligible for the severance pay program, an employee must meet the following requirements: 27.21 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 85" or the "rule of 90" provisions of the Public Employees Retirement Association (PERA) . 27.22 The employee must be voluntarily separated from City employment or have been subject to separation by lay-off 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. 27.23 The employee must have at least ten (10) years of service under the classified or unclassified Civil Service at the time of separation. 27.24 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. 27.25 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 27.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave sub�ect to a maximum of 200 accrued sick leave days. 27.4 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. - 36 - ARTICLE XXVI - LEGAL SERVICES 26.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the EMPLOYER shall defend, save harmless and indemnify an ENIPLOYEE, and/or his estate, against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission in the performance and scope of the EMPLOYEE'S duties. - 35 - � C� ��° ARTICLE XXV - UNIFORM ALLOWANCE 25.1 The 1972 base of One Hundred Tfaenty Dollars ($120.00) as a clothing allowance on a voucher system will be increased January 1, 1974, and each year thereafter on the baeis of a yearly study of the increased cost of the defined uniform. The 1972 base cost of the uniform is stipulated and attached as Appendix B. 25.2 It is further understood that Fire Prevention Employees shall receive a cloth- ing allowance which is Thirty ($30.00) Dollars greater than that provided herein for other employees. - 34 - ARTICLE XXIV - WAGE SCHEDULE 24.1 The wage schedule for the purpose of this Agreement shall be Appendix A attached hereto. 24.2 Forty (40) hour work week E1�LOYEES regularly assigned to night duty (e.g. - dispatcher, inspectors and fire prevention employees) will receive night differential in accordance with existing City rules and policies. - 33 - � � � �°�� ARTICLE XXIII - TELEPHONES 23.1 The EMPLOYER will provide a public telephone as a back-up to the alarm system. 23.2 Telephones inetalled for individual EMPLOYEES or groups of II�LOYEES will be at the II�LOYEES' expense. All such telephones must be approved prior to installation by the department head or his designated representative. - 32 - ARTICLE XXII - STATION SUPPLIES 22.1 The EMPLOYER will provide station supplies such as: Refrigerators Stoves Tables Chairs Soap Brass Polish Cleaning Rags Light Bulbs Chamois - 31 - � ��s a� ARTICLE XXI — FIRE FIGHTING EQUIPMENT 21.1 The EMPLOYER will provide the following fire fighting equipment for individual EMPLOYEES; such as: Coats Boots Helmets . Choppers , Liners - 30 - ARTICLE XX — SICK LEAVE 20.1 As provided in City of Saint Paul Civil Service Rules Section 20. 20.2 Modify the sick leave conversion to vacation policy, to allow eligibility for conversion when one hundred eighty (180) days have been accumulated. -29- . � � ��d ARTICLE XIX - RESIDENCE 19.1 The residency requirements as passed by the City Council on December 30, 1982 under Council File No. 279643 shall apply to all employees covered by this AGREEMENT. 19.2 In the event the City of Saint Paul repeals or is prohibited by a superior governmental suthority from imposing residency requirements for its employees, the provisions in this contract regarding residency shall be of no force and effect. - 28 - ARTICLE XVIII - INCAPACITATION 18.1 EMPLOYEES in�ured during the course of employment and thereby rendered incapable of performing �ob duties and responsibilities shall receive full wages during the period of incapacity, not to exceed the period equal to twelve (12) months plus accumulated sick leave. It is under- stood that in such cases, the twelve (12) month period shall first be utilized and only when same is exhausted shall accumulated sick leave be applicable. 18.2 EMPLOYEES disabled through in�ury or sickness other than specified in Section 18.1 above shall receive full wages for a period equal to accumulated sick leave, plus six (6) months as provided herein. It is understood that in such cases, accumulated 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 only in those qears where the last available Annual Report of the City Civil Service office shall show average sick leave used per Fire Department Employee (based on the 1972 Annual Report method of calculating same) , of eight (8) days or less. 18.3 EMPLOYEES iajured or incapacitated by illnesses in the line of duty shall be entitled to reinstatement at any time within five (5) years from the date of in�ury or incapacity provided they are phyaically capable of resuming their 3ob. 18.4 Except as specifically provided in this Article, all illness and incapacity rules and policies previously in effect shall continue. - 27 - � � �i� �saa ARTICLE XVII - HOLIDAYS 17.1 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. 17.2 Effective 1986 and in addition to 17.1 above, add one additional holiday (Martin Luther King Day) to the vacation schedule by increasing vacation by .2 (two-tenths) times the number of hours designated as the work week. 17.3 In addition to what is provided in section 17.1 and 17.2 above and the St. Paul Ordinance No. 6446, add one additional tour of duty Holiday. In each year 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 duty Holiday time off by November 15 of each calendar year, such employee can only receive payment at the regular rate of pay and can no longer elect to take time off for that calendar year. Such payment shall be made no later than the last regularly scheduled pay day of that calendar year. 17.4 For those employees assigaed to a work week other than Monday through Friday, the holiday shall be observed on the calendar date of the holiday. - 26 - ARTICLE XVI - VACATION 16.1 EMPLOYEES shall be granted in each calendar year vacation at the rate of two (2) times the number of hours designated as the work week. After five (5) years of continuous employment in II�!?PLOYER'S fire department, EMPLOYEES shall be granted vacation at the rate of three (3) times the number of hours designated as the work week. After fifteen (15) years of continuous employment in EMPLOYER'S fire department, F.MPLOYEES shall be granted vacation at the rate of four and two-tenths (4.2) times the number of hours designated as the work week. After twenty-five (25) years of continuous employment in EMPLOYER'S fire department, EMPLOYEES shall be granted vacation at the rate of four and four-tenths (4.4) times the number of hours designated as the work week. 16.2 The department head may permit EMPLOYEES to carry over into the following calendar year vacation time equivalent to two work weeks. Vacation schedules shall be fixed by the department head. An F.MPLOYEE not working full-time shall be granted vacation on a pro-rata basis. 16.3 EMPLOYEES separated from employment by reason of resignation shall be granted such vacation pay as has been earned and remains unused at the time of separation, provided notification of resignation has been sent to the department head, in writing, at least fifteen (15) calendar days prior to the date of resigna.tion. II�LOYEES separated from employment by reason of discharge, retirement or death shall be granted such vacation pay as has been earned and remains unused at the time of separation. ENIPLOYEES granted more vacation time than earned at the time of separation from employment shall pay the EMPLOYER for such unearned vacation. 16.4 This article shall not apply to temporary or emergency employees. - 25 - . � � ��-a a ARTICLE XV - EXCHANGE OF TOURS OF DUTY 15.1 Voluntary exchanges of tours of duty shall be granted only after approval by the department head or his designated representative. 15.2 No EMPLOYEE shall be entitled to working out of classification pay under Article IX as a result of any voluntary exchange of tours of duty. - 24 - ARTICLE XVI - INSURANCE (cont.) coverage or $138.00 per moath, whichever is less. This article, 14.7, applies only to employees who were covered by the health insurance program supplied to the City by HI�IO Minnesota as of November 1, 1984 and shall continue to apply only as long as such employee remains continuously covered by such program. 14.8 Not withstanding Article 14.6, for each eligible employee covered by this AGREEMENT selecting the health insurance program supplied to the City by Physicians Health Plan, the City ahall pay the entire cost of such coverage, or $78.98 per month, whichever is less. In addition, for each employee selecting dependent's coverage under the program offered to the City by Physicians Health Plan, the City shall pay the entire cost of such dependent's coverage or $174.32 per month, whichever is less. This Article, 14.8, applies only to employees who were covered by the health insurance program supplied to the City by Physicians Sealth Plan as of November 1, 1984 and shall continue to apply only as long as such employee remains continuously covered by such program. 14.9 The Employer will attempt to prevent any chaages in the benefits offered by the Health Maintenance Organizations plans. However, employees selecting one of the plans offered by one of the Health Maintenance Organizations agree to accept any changes in benefits which the specific Health Maintenaace Orgaaization implements. The Fee for Service Sealth plan is understood to be the plan designated as Alternate 5 bid by Blue Cross-Blue Shield for January 1, 1985. 14.10 For each employee who is eligible for such coverage, the City agrees to contribute the cost of $5,000 of life insurance or $3.25 per month, whichever is less. - 23 - . � C� ��a� ARTICLE XVI - INSURANCE (cont.) 14.4 In the event of the death of an active employee or an early retiree, the dependents of such employee or retiree shall have the option, within thirty (30) days, to continue the current hospitalization and medical benefits, including such improvements as may be made from time to time, which said dependents previously had, at the premium applicable to depen- dents of active employees. It is further understood that coverage shall cease in the event of: 14.41 Subsequent remarriage of the surviving spouse of the deceased employee or retiree. 14.42 The employment of the surviving spouse where hospitalization and medical insurance coverage is�obtained through a group program provided by said EMPLOYER. It is further understood, however, that in said event, the surviving spouse shall have the right to maintain City hospitalization and medical insurance coverage for the first ninety (90) days of said employment. 14.5 City-provided life insurance in existence at time of retirement shall continue to be provided by the City after an employee shall take early retirement, but such coverage shall terminate at age 65. Y 14.6 For each eligible employee covered by this AGREEMENT selecting a health insurance program supplied to the City, the City shall pay the entire cost of such coverage, or $70.00 per month whichever is less. For each employee selecting family coverage, the City shall pay the entire cost of such family coverage or $180.00 per month, whichever is less. 14.7 Not withstanding Article 14.6, for each eligible employee covered by this AGREEMENT selecting the health insurance program supplied to the City by HMO Minnesota, the City shall pay the entire cost of such coverage, or $70.00 per month, whichever is less. In addition, for each employee selecting dependent's coverage under the program offered to the City by HMO-Minnesota, the City shall pay the entire cost of such dependent's - 22 - ARTICLE XIV - INSURANCE 14.1 The EMPLOYER will continue for the period of this AGREEMENT to provide for EMPLOYEES such health and life insurance benefits as are provided by EMPLOYER at the time of execution of this AGREEMENT. 14.2 The EMPLOYER will for the period of this AGREEMENT provide for II�LOYEES who retire after the time of execution of this AGREEMENT, and until such EMPLOYEES reach sixty-five (65) years of age, such health insurance benefits as are provided by the EI�LOYIIt for such EMPLOYEES. 14.3 Effective January 1, 1985� for each employee who retires during the term of this AGREEMENT and is eligible for early retiree benefits under the terms set forth in this article and who selects employee insurance coverage, the II�LOYER agrees to contribute the cost of such coverage or $118.62 per month, whichever is less. Zn addition, for each eligible early retiree who selects dependent's insurance coverage, the EMPLOYER will contribute the cost of such dependent's coverage or $198.10 per month, whichever is less. Effective January, 1986, the dollar caps specified in this Article 14.3 shall be ad�usted to equal the Jaauary, 1986 premium cost for the health insurance plan offered to the City by Blue Cross-Blue Shield for early retirees. In order to be eligible for City benefits under the early retiree provision, the Employee must: 14.31 Be receiving benefits from a public employee retirement act. 14.32 Have severed his/her relationship with the City of St. Paul under one of the early retiree plans. - 21 - . �� ab ARTICLE XIII - MILITARY LEAVE OF ABSENCE (continued) 13.2 Leave Without Pay Any EMPLOYEE who engages in active service in time of war or other emergency declared by proper authority of any of the military or naval forces of the state or of the United States for which leave is not otherwise allowed by law shall be entitled to leave of absence from employment without pay during such service with right of reinstatement and sub�ect to such conditions as are imposed by law. 13.3 Such leaves of absence as are granted under Article XIII shall conform to Minnesota Statutes, Section 192, as amended from time to time and shall confer no additional benefits other than those granted by said statute. - 20 - ARTICLE XIII - MILITARY LEAVE OF ABSENCE 13.1 Pay Allowance Any EMPLOYEE who shall be a member of the National Guard, the Naval Militia or any other component of the militia of the state, now or hereinafter organized or constituted under state or federal law, or who shall be a member of the Officer's Reserve Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval force of the United States, now or hereafter organized or conatituted under federal law, shall be entitled to leave of absence from employment without loss of pay, seniority status, efficiency rating, vacation, sick leave or other benefits for all the time when such EMPLOYEE is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law� whether for state or federal purposes, provided that such leave shall not exceed a total of fifteen (15) days in any calendar year and further provided that such leave shall be allowed only in case the required military or naval service is satisfactorily performed, which shall be presumed unless the contrary is established. Such leave shall not be allowed unless the EMPLOYEE (1) returns to his position immediately upon being relieved from such military service and not later than the expiration of the time herein limited for such leave, or (2) is prevented from so returning by physical or mental disability or other cause not due to such EMPLOYEE'S own fault, or (3) is required by proper suthority to continue in such military or naval service beyond the time herein limited for such leave. - 19 - . � ��aa ARTICLE XII - CALL BACK 12.1 EMPLOYEES required to report for work by the EMPLOYER during scheduled off-duty time will be compensated at the rate of one and one-half (1'�) times the EMPLOYEE'S normal hourly rate. The minimum payment under this Article will be four (4) times the II�IPLOYEE'S hourly rate. An early report of two (2) hours or less or an extension of a normally scheduled tour of duty shall not qualify an EMPLOYEE for this minimum payment. - 18 - . � ��--� v ARTICLE XVI - INSURANCE (cont.) 14.4 In the event of the death of an active employee or an early retiree, the dependents of such employee or retiree shall have the option, within thirty (30) days, to coatinue the current hospitalization and medical benefits, including such improvements as may be made from time to time, which said dependents previously had, at the premium applicable to depen- dents of active employees. It is further understood that coverage shall cease in the event of: 14.41 Subsequent remarriage of the surviving spouse of the deceased employee or retiree. 14.42 The employment of the surviving spouse where hosp3talization and medical insurance coverage is obtained through a group program provided by said EMPLOYER. It is further understood, however, that in eaid event, the surviving spouse shall have the right to maintain City hospitalization and medical insurance coverage for the first ninety (90) days of said employment. 14.5 City-provided life insurance in existence at time of retirement shall continue to be provided by the City after an employee shall take early retirement, but such coverage shall terminate at age 65. 14.6 For each eligible employee covered by this AGREEMENT selecting a health insuraace program supplied to the City, the City shall pay the entire cost of such coverage, or $70.00 per month whichever is less. For each employee selecting family coverage, the City shall pay the entire cost of such family coverage or $180.00 per month, whichever is less. 14.7 Not withstanding Article 14.6, for each eligible employee covered by this AGREEMENT selecting the health insurance program supplied to the City by HMO Minnesota, the City shall pay the entire cost of such coverage, or $70.00 per month, whichever is less. In addition, for each employee selecting dependent's coverage under the program offered to the City by AMO-Minnesota, the City shall pay the entire cost of such dependent's - 22 - ARTICLE XVI - INSURANCE (cont.) coverage or $138.00 per month, whichever is less. This article, 14.7, applies only to employees who were covered by the health insurance program supplied to the City by HMO-Minnesota as of November 1, 1984 and shall continue to apply only as long as such employee remains continuously covered by such program. 14.8 Not withstanding Article 14.6, for each eligible employee covered by this AGREEMENT selecting the health insurance program supplied to the City by Physicians Health Plan, the City shall pay the entire cost of such coverage, or $78.98 per month, whichever is less. In addition, for each employee selecting dependent's coverage under the program offered to the City by Physicians Health Plan, the City shall pay the entire cost of such dependent's coverage or $174.32 per month, whichever is less. This Article, 14.8, applies only to employees who were covered by the health insurance program supplied to the City by Physicians ; Health Plan as of November 1, 1984 and shall continue to apply only as long as such employee remains continuously covered by such program. 14.9 The Employer will attempt to prevent any changes in the benefits offered by the Health Maintenance Organizations plans. However, employees selecting one of the plans offered by one of the Health Maintenance Organizations agree to accept any changes in benefits which the specific Health Mainteaaace Organization implements. The Fee for Service Health plan is understood to be the plan designated as Alternate 5 bid by Blue Cross-Blue Shield for January 1, 1985. 14.10 For each employee who is eligible for such coverage, the City agrees to contribute the cost of $5,000 of life insurance or $3.25 per month, whichever is less. - 23 - . � � �� ARTICLE XV - EXCHANGE OF TOURS OF DUTY 15.1 Voluntary exchanges of tours of duty shall be granted only after approval by the department head or his designated representative. 15.2 No EMPLOYEE shall be entitled to working out of classification pay under Article IX as a result of any voluntary exchange of tours of duty. - 24 - ARTICLE RVI - VACATION 16.1 II�LOYEES shall be granted in each calendar year vacation at the rate of two (2) times the number of hours designated as the work week. After five (5) years of continuous employment in EMPLOYEI�'S fire department, EMPLOYEES shall be granted vacation at the rate of three (3) times the number of hours designated as the w�ork week. After fifteen (15) years of continuous employment in EMPLOYER'S fire department, EMPLOYEES shall be granted vacation at the rate of four and two-tenths (4.2) times the number of hours designated as the work week. After twenty-five (25) years of continuous employment in ENIPLOYER'S fire department, EMPLOYEES shall be granted vacation at the rate of four and four-tenths (4.4) times the number of hours designated as the work week. 16.2 The department head may permit EMPLOYEES to carry over into the following calendar year vacation time equivalent to two work weeks. Vacation schedules shall be fixed by the department head. An II�IPLOYEE not working full-time shall be granted vacation on a pro-rata basis. 16.3 EMPLOYEES separated from employment by reason of resignation shall be granted such vacation pay ae has been earned and remains unused at the time of separatioa, provided notification of resignation has been sent to the department head, in writing, at least fifteen (15) calendar days prior to the date of resigaatioa. II�LOYEES separated from employment by reason of discharge� retirement or death shall be granted such vacation pay as has been earned and remains unused at the time of separation. EI�LOYEES granted more vacation time than earned at the time of separation from employment shall pay the EMPLOYER for such unearned vacation. 16.4 This article shall not apply to temporary or emergency employees. - 25 - . � �-�� ARTICLE XVII - HOLIDAYS 17.1 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. 17.2 Effective 1986 and in addition to 17.1 above, add one additional holiday (Martin Luther King Day) to the vacation schedule by increasing vacation by .2 (two-tenths) times the number of hours designated as the work week. 17.3 In addition to what is provided in section 17.1 and 17.2 above and_ the St. Paul Ordinance No. 6446, add one additional tour of duty Holiday. In each year of this agreement, this tour of duty Holiday may, at the option o� 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 duty Holiday time off by November 15 of each calendar year, such employee can only receive payment at the regular rate of pay and can no longer elect to take time off for that calendar year. Such payment shall be made no later than the last regularly scheduled pay day of that calendar year. 17.4 For those employees assigned to a work week other than Monday through Friday, the holiday shall be observed on the calendar date of the holiday. - 26 - ARTICLE RVIII - INCAPACITATION 18.1 EMPLOYEES injured during the course of employment and thereby rendered incapable of performing 3ob duties and responsibilities shall receive full wages during the period of incapacity, not to exceed the period equal to twelve (12) months plus accumulated sick leave. It is under- stood that in such cases, the twelve (12) month period shall first be utilized and only when same is exhausted shall accumulated sick leave be applicable. 18.2 EMPLOYEES disabled through injury or sickness other than specified in Section 18.1 above shall receive full wages for a period equal to accumulated sick leave, plus six (6) months as provided herein. It is understood that in such cases, accumulated sick leave shall first be utilized before the six (6) months, or any part thereof, shall be applicable. It ie further understood that the six (6) month period shall be available only in those years where the last available Annual Report of the City Civil Service office shall show average sick leave used per Fire Department Employee (based on the 1972 Annual Report method of calculating same) , of eight (8) days or less. 18.3 EMPLOYEES in�ured or incapacitated by illnesses in the line of duty shall be entitled to reinstatement at any time within five (5) years from the date of in3ury or incapacity provided they are physically capable of resuming their �ob. 18.4 Except as specifically provided in this Article, all illness and incapacity rules and policiea previously in effect shall continue. - 27 - (,',�- �`�-� a d ARTICLE XIX - RESIDENCE 19.1 The residency requirements as passed by the City Council on December 30, 1982 under Council File No. 279643 shall apply to all employees covered by this AGREEMENT. 19.2 In the event the City of Saint Paul repeals or is prohibited by a superior governmental suthority from imposing residency requirements for its employees� the provisions in this contract regarding residency shall be of no force and effect. - 28 - ARTICLE XX — SICR LEAVE 20.1 As provided in City of Saint Paul Civil Service Rules Section Z0. , 20.2 Modify the sick leave conversion to vacation policy, to allow eligibility for conversion when one hundred eighty (180) days have beea accumulated. -29- ��a ARTICLE XXI — FIRE FIGHTING EQUIPMENT 21.1 The EMPLOYER will provide the following fire fighting equipment for individual EMPLOYEES; such as: Coats Boots Helmets Choppers Liners — 30 — ARTICLE XXII - STATION SUPPLIES 22.1 The EMPLOYER will provide station supplies such as: Refrigerators Stoves Tables Chairs Soap Brass Polish Cleaning Rags Light Bulbs Chamois - 31 - � �j---a� ARTICLE XXIII - TELEPHONES 23.1 The EMPLOYER will provide a public telephone as a back-up to the alarm system. 23.2 Telephones installed for individual EMPLOYEES or groups of II�LOYEES will be at the II�LOYEES' expense. All such telephones must be approved prior to iastallation by the department head or his designated representative. - 32 - ARTICLE XXIV - WAGE SCHEDULE 24.1 The wage schedule for the purpose of this Agreement shall be Appendix A attached hereto. 24.2 Forty (40) hour work week EI�LOYEES regularly assigned to night duty (e.g. - dispatcher, inspectors and fire prevention employees) will receive night differential in accordance with existing City rules and policies. - 33 - . �- 8sa � ARTICLE RXV - UNIFORM ALLOWANCE 25.1 The 1972 base of One Hundred 1�aent Dollars ($120.00) as a clothing allowance oa a voucher system will be increased January 1, 1974, and each year thereafter on the basis of a yearl� stud� of the increased cost of the defined uniform. The 1972 base cost of the uniform is stipulated and attached se Appendix B. 25.2 It is further understood that Fire Prevention Employees shall receive a cloth- ing allowance which is Thirty ($30.00) Dollars greater than that provided herein for other employees. - 34 - ARTICLE XXVI - LEGAL SERVICES 26.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the EMPLOYER shall defend, save harmless and indemnify an EN�LOYEE, and/or his estate, against any claim or demand� whether groundless or otherwise, arising out of an alleged act or omission in the perfozmance and scope of the EMPLOYEE'S duties. - 35 - . ��-� � ARTICLE XXVII - SEVERANCE PAY 27.1 The employer shall provide a severance pay program as set for in this Article. 27.2 To be eligible for the severance pay program, an employee must meet the following requirements: 27.21 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 85" or the "rule of 90" provisions of the Public Employees Retirement Association (PERA) . 27.22 The employee must be voluntarily separated from City employment or have been subject to separation by lay-off 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. 27.23 The employee must have at least ten (10) years of service under the classified or unclassified Civil Service at the time of separation. 27.24 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. 27.25 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 27.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave sub3ect to a maximum of 200 accrued sick leave days. 27.4 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. - 36 - ARTICLE XXVII - SEVERANCE PAY (Continued) 27.5 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. 27.6 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. 27.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 27.8 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. 27.9 An employee may, in any eveat, 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 ordinaace shall constitute a bar to receiving severance pay from the other. - 37 - . � ��- � � ARTICLE XXVIII - PHYSICAL INCAPACITATION 28.1 Any physical incapacitated EMPLOYEE unable to perform normal work duties may be assigned at the direction of the department head to perform the duties of Fire Dispatcher, Fire Inspector, Fire Investigator or Fire Training Assistaat. II�'LOYEES so assigned by the department head will receive their regular rate of pay for a period not to exceed one hundred and eighty (180) days. After one hundred and eighty (180) days, ENtPLOYEES so assigned will receive their regular pay rate or the Dispatcher II paq rate -- whichever is lower. - 38 - ARTICLE XXIX - CITY MILEAGE • 29.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officere and employees for the use of their own sutomobiles in the performance of their duties, the following provisions are adopted. 29.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written suthorization from the Department Head. Type 1. If aa employee is required to use his/her own sutomobile 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 drivea. If such employee is required to drive an automobile during employment and the department head or deaignated 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 sutomobile during employment and the department head or designated representative determines that an employer vehicle ie 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. . 29.3 The City will provide parking at the Civic Center Parking Ramp for City employees on either of the above meationed 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. 29.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedurea 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 daye worked and the number of miles driven, and further require that they maitttain sutomobile liability insurance in amounts of not less than $100,000/$300,000 for personal in�ury, and $25,000 for property damage, or liabilitq insurance in amounts not less than $300,000 single limit coverage� with the City of Saint Paul na.med as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the city clerk. - 39 - . � �� ARTICLE XXX - PAID TIME OFF FOR NEGOTIATIONS 30.1 Employees elected to office in Local 21 shall be granted reasonable time off to meet with City officials for contract negotiations without loss of pay. The number of emploqees permitted to attend such negotiations shall be limited to two at any one meeting and such employee shall give prior reasonable aotice for such absence and receive approval of the employee's designated supervisor. - 40 - ARTICLE XXXI - MAINTENANCE OF STANDARDS 31.1 The parties agree that all coaditions of employment relating specifically to wages, hours of work, vacations, holidays and sick leave except as modified by this agreement ehall be maintained at not less than the minimum standard as set forth in the Civil Service Rules of the City of Saint Paul, (Resolution No. 3250) and Resolution No. 6446 at the time of the signing of this AGREEMENT, and these conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this AGREEMENT. It is specifically agreed that the Civil Service Rules set forth above are not a part of this contract and that these rules shall only be amended by the present legislative process by the Civil Service Commissioa and the City Council. - 41 - �� a ° ARTICLE XXXII - PREMIUM PAY FOR PARAMEDIC AND EMTA ASSIGNMENTS 32.1 Any employee who ia assigned to an advanced life eupport unit as a Paramedic shall be paid a differential of six percent (6%) of his/her regular base rate. Only �ployees who have satisfactorily completed all required Paramedic training shall be eligible for such assignment and pay differential. � 32.2 Any employee who is sesigned to an advanced life eupport unit or a basic life support unit se an Emergency Medical Technician-Assigned (EMTA) shall be paid a differential of three percent (3X) of his/her regular base rate. Onlq employees who have satisfactorily completed all required EMT (, training shall be eligible for euch assignment and pay differential. 32.3 Any employee who is assigned to a designated hazardous materials response unit shall be paid a differential of three percent (3x) of his/her regular base rate. - 42 - ARTICLE %XXIII - DURATION OF AGREEMENT 33.1 Except as herein provided, this AGREF.MENT shall be effective as of January 1, 1985 and shall continue in full force and effect thru the 31st day of December, 1986, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify this AGREEMENT shall notify the other in writing so as to camply with the provisions of the Minnesota Public Employment Labor Relations Act of 1971 as amended. WITNESSES: CITY OF SAINT PAUL INTERNATIONAL ASSOCIATION OF FIRE FIGflTERS, LOCAL N0. 21 BY: BY: Labor Relations Director President BY: BY: 1 Civil Service Commission Secretary-Treasurer BY: BY: Mayor Recording Secretary BY: BY: Dated at St. Paul, Minnesota - 43 - _ �- ��_�� APPENDIX nAn Fire Fighter EFFECTIVE A B C D E F 10-yr 15-yr 1-5-85 869.93 913.41 959.09 997.81 1048.83 1091.34 1148.02 1176.38 1-4-86 909.08 954.51 1002.25 1042.71 1096.03 1140.45 1199.68 1229.32 Fire Alarm Dispatcher I *Fire Engineer Fire Equipment Operator Fire Prevention Inspector A B C D E F 10-yr 15-yr 1-5-85 939.52 986.48 1035.82 1077.63 1132.74 1178.65 1239.86 1270.49 1-4-86 981.80 1030.87 1082.43 1126.12 1183.71 1231.69 1295.65 1327.66 Emergency Preparedneas Coordinator Fire Alarm Dispatcher II Fire Captain Fire Investigator Fire Training Assistant A B C D E F 10-yr 15-yr 1-5-85 1026.52 1077.82 1131.73 1177.42 1237.62 1287.78 1354.66 1388.13 1-4-86 1072.71 1126.32 1182.66 1230.40 1293.31 1345.�3 1415.62 1450.60 The above January 5, 1985 rates represent a four and three-fourths percent (4.75%) increase over the January 7, 1984 rates. The above January 4, 1986 rates represent a four and one-half percent (4.5%) increase over the January 5� 1985 rates. - A1 - . ' �,/'-- ��`02� APPENDIX �►B�� Unit Price Regulation "West Point" long sleeve police shirt. . . . . . . . . . . . . $ 7.00 Regulation "West Point" short sleeve police shirt . . . . . . . . . . . . $ 6.45 Ranking Officer's white unifozm shirt, long sleeve, West Point 7500C. . . $ 6.50 Ranking Officer's white uniform shirt, short sleeve, West Point 7500C . . $ 6.00 Jersey type long sleeve eweat shirt, navy blue - Wilson 8632. . . . . . . $ 3.30 Jersey type 3/4 sleeve sweat shirt, navy blue - Wilson 8632 . . . . . . . $ 3.30 Fechheimer Bros. navy blue trousers 32200 . . . . . . . . . . . . . . . . $ 8.75 Fechheimer Bros. navy blue trousers 32250 . . . . . . . . . . . . . . . . $ 8.25 Jacket - Light weight, waist style Fechheimer �32100. . . . . . . . . . . $10.00 Surcoat - Energy 100FD - Sizes 48-50 add 10%, - longa add 10� . . . . . . $30.75 Parka - Navy - Butwin 111SP Regular sizes 34-46. . . . . . . . . . . . . . . . . . . . . . . . . $39.00 Extra sizes 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . $42.90 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . $44.85 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . $49.00 Long . . . . . . . . . . . . . . . . . . . . . . . . . . $42.90 Liners for summer uniform fire fighter 3acket - Fechheimer Bros. 32704. . $ 5.60 SEWING COSTS: No cost when ordered with �acket otherwise. . . . . . $ 1.00 Caps Trooper Cap . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4.95 Chiefs Navy-Style Midwest-N.W. . . . . . . . . . . . . . . . . . . . $ 6.25 8 pt. Midwest-N.W. . . . . . . . . . . . . . . . . . . . . . . . . . $ 4.25 Belts - leather - black - 1'� inch . . . . . . . . . . . . . . . . . . . . $ 1.45 Shoes Wedge style oxford - Red Wing shoe �101. . . . . . . . . . . . . . . $ 4.95 Slip on style oxford - FLOAT-AWAYS �IJ5347. . . . . . . . . . . . . . $15.50 Slip on style oxford - FLOAT-AWAYS l�J5318. . . . . . . . . . . . . . $14.50 Lace style oxford - FLOAT-AWAYS Z5096. . . . . . . . . . . . . . . . $14.50 Slip on style oxford Weinbrenner 1635. . . . . . . . . . . . . . . . $15.95 Slip on style oxford Weinbrenner 1435. . . . . . . . . . . . . . . . $12.00 Lace style oxford T5152 Mocc toe . . . . . . . . . . . . . . . . . . $16.50 Lace style oxford Weiabrenner 1225 . . . . . . . . . . . . . . . . . $16.50 Lace style oxford Weinbreaner 1250 . . . . . . . . . . . . . . . . . $16.50 Socks Munsingwear l�40. . . . . . . . . . . . . . . . . . . . . . . . . . . $ .65 Munsingwear l�415 - stretch style . . . . . . . . . . . . . . . . . . $ .65 Ties - black, 4-in-hand, or enap-on style . . . . . . . . . . . . . . . . $ 1.00 - Bl -