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86-44 WHITE - CITV CLERK PINK - FINANCE G I TY OF SA I NT PAU L Council � CANARV - DEPARTMEN7 � BLUE - MAVOR F1Ie NO. � Cou�cil Resolution Presente By Referred To,'� �� l�L� Committee: Date � � � � �lO Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1986-1987 Memoranda of Agreement between the City of Saint Paul and AFSCME Local 1842 and AFSCME Local 2508. COUNCILMEN Requested by Department of: Yeas Dr� Nays � ICE �"'"¢n�� [n Favor Nicosia Scheibel � �� Sonnen ' � Against Tedesco YIl+1se�► Adopted by Council: Date JAN 1 � 1986 Form prove by 'ty A or C Certified Pas e o ncil Sec ry BY By . t�pprove b 14avor: Date `d � � � 8 APPr by Mayor for S bm cil By BY � \ PUBLISHEU �N�� 1 4� 1986 Personnel Office DEPARTMENT � ��-�� No 3387 . Jeanette Soban'a CONTACT 4221 PHONE 12-17-85 DATE �e�� e e ASS GN NUN�ER FOR ROUTING ORDER Cli All Locations for Si nature : Department Director � Director of Management/Mayor Finance and Management Services Director q City Clerk � Budget Director City Attorney WHAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/ , Rationale) : This resolution approves the two agreements between the City and AFSCME l:ocals 1842 and 2508. These agreements pertain to the Technicial employees and the Clerical employees. Both contracts include the same changes. These changes are listed on the attached sheet. �ECEiVE� COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTICIPATED: O�-� 2 � /��85 Technical Group - 271 employees ��IAYOR'S OFFtCE 1986 - $305,008 1987 - $318,733 Clerical Group - 549 employees 1986 - $458,101 1987 - $478,716 FINANCING SOURCE AND BUDGET ACTIVI�Y NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of Transaction: quired if under $10,00Q) Funding Source: Activity Number: ATTACHMENTS (List and Number All Attachments) : 1 . Resolution - 2. Copy for City Clerk DE ARTMENT REVIEW CITY ATTORNEY REVIEW Yes No Council Resolution Required? Resolution Required? es No Yes �o Insurance Required? Insurance Sufficient? Yes No///,a Yes ✓ No Insurance Attached: (SEE REVERSE SIDE FOR INSTRUCTIONS) Revised 12/84 , < _ . �` _. �;� /�/ /_._ City of St. Paul and AFSCME Locals 1842 & 2508. 1 . Additional Holiday - Martin Luther King Day 2. Vacation - New language placing the earning and using of vacation on a fiscal year rather than a calendar year. No change in the amount of vacation earned. 3. Insurance - New caps on Employer's contribution with contributions to be pro-rated for half-time employees. New eligibility requirements for early retiree insurance. 4. Severance Pay - Employees retiring under the "rule of 85" will be eligible for severaace pay. 5. Wages - 1986 - 4z°b increase 1987 - 42°b increase /"�.��,.. '`�_ CITY OF SAINT PAUL �v�� G'~c�y -;`_-�� • '";=`"'' OFFICE OF THE CITY COUNCIL \:� s�s.:�� Committee �eport January 9 ,, 1986 F:i�.an�� Mana.�..�ment� � per�onnel �orr�it��. l . Approval of minutes from meeting held January 2 , 1986 . ��f2�U�;� 2 . Resolution amending the 1985 budget by transferring $7, 857 from Contingent Reserve .to Executive Administration-Human ` R i g h t s D i r e c t o r S e 1 e c t i o n. jhp�� (�-{p �n� ' w�O r2t.Uf�ei,�2t�.�.�+�� .. 3.,�,�4�ion' �ppraving-�the 19$.6-L987 M�moranda � ,,,�gr�e�ement C�� b,�etwe�,n the Ci� 'ar�d. AFS�i'Z��,ocal 1�8 c�"'2 and .,AFSCME Local 250�3,.. NO7 ON PREPARED AGENDA 4. Resoluti_on approvi.ng the 1985-86 Maintenance Labor Agreement between Independent School District No. 625 and United Association Plumbers Loca 1 34. G�Q�� . 5• Resolution consenting to the issuance of a Port Authority Non 876 Tax Exempt Mortgage in the amount of $4,200,000 for H. M. Smyth Co. to acquire three new printing presses at their facility at 10$5 Snelling Avenue. ��,� 6. Resolutlon consenting to tMe issuance of a Port Authority Non 876 Tax Exempt Mortgage in the amount of $500,000 for Ignatius Company, Inc. , to purchase a paper sf�eeter to be installed at the N. M. Smyth facility at 1091 Snelling Avenue North. p�pp� Ii UN�ER SUSPENSION OF RULES 7. Resolution allowing close-out of Shade Tree Control Fund 375 and Tree Ma i ntenance Fund 38g. � �..� �,��• ' �D f��,{,z�� C.TY HALL SEVENTH FLO.OR SAINT PAUL,MINNESOTA 5510? �48 _.._. _, _ _ . _.. _ ._.._..,_ . . . __ __ -- _. _.....__ ...__. ____�__.�____..�..�-..�.-.,., l'- ��--�y 1986 - 1987 AGREEMENT BETWEEN THE CITY OF SAINT PAUL, Ah'D LOCAL UNION 2508 DISTRICT COUNCIL 14 OF THE AMERICAN FEDERATION OF STATE, COUNTY ArTD MUNICIPAL EMPLOYEES, AFL-CIO • ��(°-`�y INDEX ARTICLE TITLE PAGE Preamble iii � I Recognition 1 II Check Off 4 III Hours of Work 5 IV Work Breaks 6 ' V Holidays 7 VI Employee Rights Grievance Procedure 8 VII City Mileage 12 VIII Residence 13 IX Vacation 14 X Insurance 15 XI Working Out of Classification 19 XII Employee Records 20 XIII Bulletin Boards 21 XIV Wages 7.2 XV Maintenance of Standards 23 XVI Leaves of Absence 24 XVII Military Leave of Absence 27 XVIII Management Rights 28 XIX Seniority 29 XX Discipline 32 XXI Vacancies 33 XXII No Strike-No Lockout 34 XXIII Severance Pay 35 XXIV Emergency and Temporary Employees 37 XXV Non-Discrimination 38 XXVI Terms of Agreement 39 Appendix A A1 . . - ii - � ��- �y P R E A M B L E � This AGREEMEIv'T entered into by the City of Saint Paul, hereinafter � referred to as the EMPLOYER, and Local Union 2508 affiliated with Council 14 and the American Federation of State, County and Municipal Employees, AFLCIO, hereinafter referred to as the UNION, has as its purpose the promotion of harmonious relations between the II�LOYER and the UNION, the establishment of an equitable and peaceful procedure for the resolution of differences, and the establishment of rates of pay, hours of work, and other conditions of employment. - - iii - �r=�� - �� ARTICLE I - RECOGNITION 1.1 The EMPLOYER recognizes the UNION as the sole and exclusive bargaining agent for the purpose of establishing salaries, wages, hours and other ' conditions of employment for all of its employees as outlined in the certification by the State of Minnesota, Bureau of Mediation Services, � dated July 12, 1973, in Case No. 74PR61A and as amended and as set forth in Section 1.2 below. 1.2 The bargaining unit covered by this AGREEMENT shall consist of the following: All office, clerical, and administrative personnel who are employed by the City of St. Paul or who have their "terms and conditions of employment" established by the gove ming body of the City of St. Paul, and whose em- ployment service exceeds the lesser of 14 hours per week or 35 percent of the normal work week and more than 67 work davs per year, in the classification of: Accounting Clerk I Clerk II Accounting Clerk II Clerk III Accounting Machine Operator I Clerk IV Accounting Machine Operator II Clerk-Stenographer I Animal Control Supervisor Clerk-Stenographer II Asst. Recorder of Council Proceedings Clerk-Stenographer II-Renewal Assistant Supervisor of Elections Clerk-Stenographer III Assistant Supervisor of Water Billing Clerk-Stenographer III-Renewal Auditing Clerk I Clerk-Typist I Bank Clerk Clerk-Typist I-Renewal Building Permit Clerk Clerk-Typist II Cashier--Civic Center Clerk-Typist II-Renewal Cashier I Clerk-Typist III Cashier II Complaint Office Supervisor Cashier--Civic Center Computer Operations Asst.-Library Chief Meter Reader � Computer Operations Supervisor Clerical Supervisor Computer Operator Clerk I Computer Operator-Lib�ary Counselor Aide Trainee Data Entry Operator I : Data Entry Operator II Data Entry Operator III Data Processing Aide Disbursement Auditing Clerk-Schools - 1 - Disbursement Auditing Supervisor ARTICLE I RECOGNITION (continued) Dog Warden Permit and License Clerk II Duplicating Equipment Opr. Trainee Planning Aide Trainee Duplicating Equipment Operator Police Communications Clerk Duplicating Equipment Opr. Supv. Police Community Officer . Duplicating Equipment Operator (Health Buresu) Energy Clerk Police Records Clerk • Field Clerk I Police Stenographer Field Clerk II Primate House Attendant Field Clerk III Procurement Specialist I Film Clerk Trainee Procurement Specialist II Film Clerk Procurement Specialist III Fire Property Clerk Procurement Specialist Trainee Aealth Service Aide I Property Clerk I , Health Service Aide II Refectory Attendant Information Systems Specialist Refectory Manager Inventory Control Supervisor Refectory Supervisor Keypunch Operator Registration Clerk Laboratory Helper Relocation Clerk Landfill Caretaker Secretary Library Clerk Service Worker II Lighting Complaint Clerk Storehouse Helper Maintenance Trainee Storekeeper I Management Trainee Storekeeper IPolice Marine Mammal Reeper-Trainee Storekeeper II Messenger Storekeeper (Food Service) Meter Reader Storekeeper (Voting Machines) Office Supply Room Operator Storekeeper--Water Department Park Concession Manager Stores Clerk Park Guide Stores Clerk--Renewal Parking Lot Attendant II Stores Clerk (School Cafeterias) Parking Meter Collector I Supervisor of Water Billing Parking Meter Collector II Technical Trainee Parking Meter Monitor Telephone Operator Parking Meter Monitor Supervisor Parts Storekeeper Trainee (Clerical) Payroll Audit Clerk (Child Development) Payroll Supervisor I (Storehouse) Payroll Supervisor II Transportation Assistant Payroll Supervisor III � Transportation Coordinator I Payroll Supervisor (Schools) Transportation Coordinator II Permit and License Clerk I Vehicle Maintenance Clerk , Workers' Compensation Admin. Clerk ' Workers' Compensation Clerk Zoo Keeper I Zoo Keeper II - 2 - �,��-�� ARTICLE I RECOGNITION (continued) 1.3 Any present or future employee who is not a LTNION member shall be required to contribute a fair share fee for services rendered by the UNION, and upon notification by the UNION, the EMPLOYER shall check , off said fee from the earnings of the employee and transmit the same to the UNION. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shall remain operative only so long as specifically provided by Minnesota law, and as otherwise legal. 1.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article I, Section 1.3. - 3 - ARTICLE II CHECK OFF � 2.1 The II�LOYER agrees to deduct the UNION membership initiation fee assessments and once each month dues from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the EMPLOYER by a . representative of the UNION and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 2.2 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or �udgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. : - 4 - ��'�-�y ARTICLE III - HOURS OF WORK 3.1 The normal work day shall be seven and three/fourths (7 3/4) consecutive hours per day, excluding a forty-five (45) minute lunch period, 15 (fifteen) minutes of which shall be paid. ` 3.2 The normal work week shall be five (5) consecutive normal work days in any seven (7) day period. 3.3 For employees on a shift basis, this shall be construed to mean an average of thirty-eight and three-fourths (38 3/4) hours per week. 3.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 3.5 Time on the payroll in excess of the normal hours set forth above in this Article shall be "overtime work" and shall be done only by order of the head of the department. 3.6 All employees in this bargaining unit shall be recompensed for work done in excess of the normal hours established above in this Article by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such overtime work. The overtime rate of one and one-half shall be computed on the basis of 1/80th of the biweekly rate. 3.7 Normal work schedules showing the employee's shifts, work days and hours shall be posted on all department bulletin boards at all times. It is also understood that deviation from posted work schedules shall be per- missible due to emergencies, acts of God, and overtime may be required. . - 5 - ARTICLE IV WORK BREAKS 4.1 Rest Periods. All employees work schedules shall provide for a fifteen minute rest period during each one-half shift. The rest period shall be scheduled by management at approximately the middle of each one-half • shift whenever this is feasible. 4.2 If an employee is scheduled to work a full half shift beyond his regular quitting time, he shall be entitled to the rest period that occurs during said half shift. t - 6 - �--� �� ` ARTICLE V - HOLIDAYS 5.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Year's Day Columbus Day Martin Luther King Day Veterans' Day � Presidents' Day Thanksgiving Day Memorial Day Christmas Day Independence Day T�,io floating holidays � Labor Day Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 5.2 The floating holidays set forth in Section 5.1 above may be taken at any time during the contract year, subject to the approval of the Department Head of any employee. 5.3 Eligibility Requirements. In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an employee's name must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. 5.4 Not withstanding Article 5.3, effective April 1, 1984 a temporary employee shall be eligible for holiday pay only after such employee has been employed as a temporary employee for sixty-seven (67) consecutive work.days. No . temporary employee shall be eligible for any floating holidays. . - 7 - ARTICLE VI - E�MPLOYEE RIGHTS GRIEVANCE PROCEDURE 6.1 The EMPLOYER shall recognize stewards selected in accordance with UNION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the names of the stewards and of their successors when so named. 6.2 It is recognized and accepted by the EMPLOYER and the UNION that the pro- cessing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the ENNIPLOYER. 6.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article XX for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. 6.4 Grievance shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this AGREEMENT, the employee involved with or without the steward shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion i� may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the - 8 - ARTICLE VI EMPLOYEE RIGHTS GRIEVANCE PROCEDURE (continued) � �� -��` AGREEMENT violated, and relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within (7) seven work days of the first occurrence of the event giving rise to the grievance, shall be considered waived. . Step 2. Within seven (7) work days after receiving the written grievance a designated EMPLOYER supervisor shall meet with the UNION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the UNION within three (3) work days following this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) work days follow- ing receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) work days following receipt of the EMPLOYER'S answer shall be considered waived. Step 3. Within seven (7) work days following receipt of a grievance referred from Step 2 a designated EMF'LOYER supervisor shall meet with the UNION Business Manager or his designated representative, the Employee and the Steward and attempt to resolve the grievance. Within seven (7) work days following this meeting the El�LOYER shall reply in writing to the UNION stating the EMPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the UNION may refer the grievance to Step 4. Any grievance not referred in writing by the UNION to Step 4 within seven (7) work days a following receipt of the EMPLOYER'S answer shall be considered waived. - 9 - ARTICLE VI II�LOYEE RIGHTS GRIEVANCE PROCEDURE (continued) Step 4. If the grievance remains unresolved, the UNION may within seven (7) work days after the response of the II�LOYER in Step 3, by written notice to the EMPLOYER, request . arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) work days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relations Board to submit a panel of five (5) arbitrators. Both the EI�LOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION shall strike the first (lst) name; the II�LOYER shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 6.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties;agree to an extension. The decision shall be based solely on the arbitrator's' interpretation or application of the express terms of this AGREIIYIENT and - 10 - �� ARTICLE VI - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UNION, and the employees. 6.6 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. 6.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. 6.8 It is understood by the UNION and the II�LOYER that a grievance may be determined by either the grievance procedure of this contract or by the provisions of the Civil Service Rules of the City of Saint Paul. If an issue is determined by this grievance procedure it shall not again be submitted for arbitration under the Civil Service Rules. If an issue is determined by the provisions of the Civil Service Rules it shall not again be submitted for arbitration under this grievance procedure. . - - 11 - ARTICLE VII CITY MILEAGE 7.1 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. 7.2 Method of Computation: To be eligible for such reimbursement, all officers and employees muet receive written suthorization from the Department Head. - Type 1 . If an 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 15C per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reim- bursed at the rate of 15C per mile driven and shall not be eligible for any per diem. Type 2. If an employee is required to use his/her own sutomobile 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 sutomobile, then the employee shall be reim- bursed at the rate of 15C per mile driven and shall not be eligible for any per diem. 7.3 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. 7.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personal in�ury, and �25,400 for property damage, or liability insurance in amounts not less tltan $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the city clerk. - 12 - �� y ARTICLE VIII - RESIDENCE 8.1 The resolution pertaining to residency approved July 26, 1979, under Council File No. 273378 shall apply to all employees covered by this ' AGREEMENT. . a - 13 - ARTICLE IX VACATION 9.1 Vacation credits shall accumulate at the rates shown below for each full hour on the payroll, excluding overtime. Years of Service Hours of Vacation lst year thru 4th year .0385 Sth year thru 9th year .0577 lOth year thru 15th year .0654 16th year thru 23rd year .0808 24th year and thereafter .1000 9.2 The head of the department may permit an employee to carry over into the calendar year of 1986 up to one hundred and sixty (160) hours of vacation. Into the "vacation year" beginning December 6, 1986 and each "vacation year" thereafter the head of the department may permit an employee to carry over up to eighty (80) hours of vacation. For the purpose of this article the "vacation year" shall be the fiscal year (IRS payroll reporting year) . 9.3 The above provisions of vacation shall be sub�ect to the Saint Paul Salary Plan and Rates of Compensation, Section I, Sub. H. t - 14 - ��0 7� ARTICLE X - INSURANCE 10.1 The EI�LOYER 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. 10.2 The EMPLOYER will for the period of this AGREEMENT provide for full-time employees who retire after the time of execution of this AGREEMENT and until such employees reach sixty-five (65) years of age such health insurance benefits and life insurance benefits as are provided by the EMPLOYER for active employees under this Agreement. 10.3 The Employer will for the period of this Agreement provide for half-time employees who retire after the time of execution of this Agreement and until such employees reach sixty-five (65) years of age fifty percent (50�) of such health insurance contributions and life insurance contributions as are provided by the Employer for full-time employees who retire under this Agreement. 10.4 Not withstanding Article 10.2, the Employer will for the period of this Agreement contribute for full-time employees who retire after December 31, 1985 and who select the Blue Cross Health insurance provided by the Employer and until such retirees reach sixty-five (65) years of age, the cost of such retiree coverage or �106.32 per month whichever is less. For such retirees selecting family coverage the Employer will contribute the cost of such family coverage or $284.12 per month, whichever is less. For half-time employees who retire after December 31, 1985 and who select the Blue Cross health insurance provided by th Employer and until such retirees reach sixty-five (65) years of age, the Employer will contribute fifty percent . (50�) of such health insurance contributions as are provided by this Article 10.4 for full-time employees who retire. - 15 - ARTICLE X - INSURANCE (cont.) 10.5 Effective January 1, 1987, the amount of the Employer's contribution toward retiree coverage in Article 10.4 will be adjusted in dollars to reflect the cost of such Blue Cross coverage or $125.00 per month, whichever is less. The Employer's contribution toward family coverage shall remain limited to $284.12 per month. 10.6 Employees who retire after execution of this Agreement must meet the following conditions at the time of retirement to be eligible for the City contributions to health insurance set forth in Article 10.2. 10.61 Be receiving benefits from a public employee retiree act at the time of retirement. AND 10.62 Have severed his relationship with the City of St. Paul under one of the early retiree plans. 10.7 Effective January 1, 1987, in addition to meeting the eligibility requirements stated in 10.61 and 10.62 above, retiring employees must also meet the following condition in order to be eligible for the early retiree insurance benefits set forth in Articles 10.2, 10.3 and 10.4. 10.71 Must be at least 58 years of age and have completed 25 years of employment with the City of St. Paul OR The combination of their age and their years of service must equal eighty-five (85) or more. OR Must have completed at least thirty (30) years of service. 10.8 Effective January 1, 1987, full-time employees who retire and who meet the conditions set forth in 10.61 and 10.62 but who meet none of the conditions set forth in 10.71, shall be eligible for the following percentages of the amount contributed by the Employer toward health insurance for active employees in the same health plan. Such retirees shall be eligible for such contribution until they reach sixty-five (65) years of age. � Combination of Age Contribution For Contribution For and Years of Service Single Coverage Family�Coverage 84 90' 902 83 80Z 80� 8� �oz �oz 81 60� 602 80 50' S07 — 16 — ��-�y ARTICLE R - INSURANCE (cont.) 10.9 A Retiree may not carry his/her spouse as a dependent if such spouse is also a a City retiree or City employee and eligible for and is enrolled in the City • health insurance program. , 10.10 For each eligible employee covered by this Agreement who is employed full-time and who selects employee insurance coverage, the Employer agrees to contribute the cost of such coverage or $72.65 per month, whichever is less. For each full-time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $185.00 per month, whichever is less. 10.11 For the purpose of this Article, full-time employment is defined as appearing on the payroll at least 32 hours per week or at least 64 hours per pay period excluding overtime hours. 10.12 For each eligible employee covered by this Agreement who is employed half-time who selects employee insurance coverage, the Employer agrees to contribute fifty percent (50�) of the amount contributed for full-time employees selecting employee coverage in the same insurance plan. For each half-time employee who selects family insurance coverage, the Employer will contribute fifty percent (507) of the amount contributed for full-time employees selecting family coverage in the same insurance plan. For the purpose of this Article, half-time employment is defined as appearing on the payroll at least 20 hours but less than 32 hours per week or at least 40 hours but less than 64 hours per pay period excluding overtime hours. 10.13 Not withstanding Article 10.i2, employees covered by this Agreement and employed half-time prior to January 1, 1986 shall receive the same insurance contributions as a full-time employee. This Article 10.13 applies only to s employees who were employed half-time during the month of December, 1985 and shall continue to apply only as long as such employee remains continuously employed half-time. - 17 - ARTICLE X - INSURANCE (cont.) 10.14 Effective January 1, 1987, the amount of Employer's contribution toward the employee coverage in Article 10.10 will be adjusted ir dollars to reflect the cost of the highest January 1, 1987 premium rate for employee coverage or • $85.00 per month, whichever is less. The Employer's contribution toward family coverage shall remain limited to $185.00 per month. � 10.15 Employees eligible for insurance coverage may select any one of the following coverages. Group Health Coordinated Health Care Share Blue Cross-Blue Shield CMI�t ' HMO-Minnesota Physicians Health Plan Med Center In the event the Employer makes available to employees, a health insurance plan not listed above, this Agreement may be reopened by mutual agreement of the Employer and Union to add such plan to the above list in this Article 10.15. 10.16 For each eligible employee the Employer agrees to contribute the cost of �5,000 of life insurance coverage. 10.17 The contributions indicated in this Article 10 shall be paid to the Employer's Group Health and Welfare Plan. 10.18 Any cost of any premium for any City-offered employee or family insurance coverage in excess of the dollar amounts stated in this Article 10 shall be paid by the employee. � - 18 - ARTICLF XI - WORKING OUT OF CLASSIFICATION (/' V� �� 11.1 EMPLOYER shall avoid, whenever possible, working an employee on an out- ofclass assignment for a prolonged period of time. Any employee working an outofclass assignment for a period in excess of fifteen (15) working days during a year �hall receive the rate of pay for the outofclass assignment in a higher classification not later than the sixteenth (16th) day of such assignment. For purposes of this article, and outofclass assignment is defined as an assignment of an employee to perform, on a full time basis, all of the significant duties and responsibilities of a position different from the employee's regular position, and which is in a classification higher than the classification held by such employee. The rate of pay for an approved outofclass assignment shall be the same rate the employee would receive if such employee received a regular appointment to the higher classification. 11.2 For the following classifications, the provisions of 11.1 shall not apply to performance of the duties of the next higher classification in the 3ob series: Health Service Aide I Clerk I Clerk Stenographer I Accounting Maching Operator I Data Entry Operator I Cashier I Duplicating Equipment Operator Trainee Tabulating Machine Operator I Parking Meter Collector I Zookeeper I Clerk-Typist I . . - 19 - ARTICLE XII - EMPLOYEE RECORDS 12.1 Any written reprimand made concerning any member of this Bargaining Unit which is filed with the Personnel Office or within any City department, shall be shown to the member before it is placed on file. • Before the reprimand is placed on file, the City shall request from the employee an acknowledgment, in writing, that the reprimand has � been read by said employee. 12.2 Any member of the bargaining unit may, during usual working hours, with the approval of the supervisor, review any material placed in the employee's personnel file, after first giving proper notice to the supervisor in custody of such file. 12.3 Any member of the bargaining unit may file a grievance or discrimination complaint and there shall be no retaliation by the City of St. Paul for such action. . - 20 - ARTICLE XIII - BULLETIN BOARDS . �� 13.1 The EMPLOYER shall provide reasonable bulletin space for use by the UNION in posting notices of UNION business and activities, said bulletin board space shall not be used by the UNION for political purposes other than UNION elections. Use of this bulletin board is subject to approval of the department head. . . - 21 - r ARTICLE XIV - WAGES 14.1 The wage schedule, for purposes of this contract, shall be Appendix A, attached hereto. Both parties agree that the inclusion of the classifications . and salary ranges in Appendix "A" does not preclude the employer from the following: 1. Reorganizing 2. Abolishing classifications 3. Establishing new classifications 4. Regrading classifications 5. Reclassifying positions Both parties also agree that titles and grades in Appendix A refer to employees in the positions at the date of signing of the agreement. �To employee in this bargaining unit shall suffer any reduction in salary because of a regrading or reclassification during the contract period in which such regrading or reclassification takes place. 14.2 Notwithstanding section 14.1, salary rates in Appendix A shall be reduced in the amounts necessary to equalize payment to individual HRA employees and City employees who receive different pension benefits. . t . - 22 - ��-��. �� ARTICLE XV - MAINTENANCE OF STANDARDS 15.1 The parties agree that all conditions of emrloyment relating to wages, hours of work, overtime differentials, vacations and all � other general working conditions shall be maintained at not less than the highest minimum standard set forth in the Civil Service Rules of the City of St. Paul (Resolution No. 3250) and the Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this AGREEMENT, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this AGREEMENT. . . - 23 - ARTICLE XVI - LEAVES OF ABSENCE (continued) 16.9 Maternity Leave Maternity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the employer may approve such leave at its option, and such leave may be no longer than one (1) year. - 26 - �r ��-�� ARTICLE XVII - MILITARY LEAVE OF ABSENCE 17.1 Pay Allowance. Any employee who shall be a member of the National Guard, the Naval Militis or any other component of the militia of , the State, now or hereafter 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, nor 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 suthorized by proper suthority pursuant to law, k•hether 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 or naval service and not later than the expiration of _ time herein limited for such leave, of (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 authority to continue in such military or naval service beyond the time herein limited for such leave. . - 27 - ARTICLE XVIII - MANAGII�ENT RIGHTS 18.1 The UNION recognizes the right of the CITY to operate and manage its affairs in all respecte in accordance with applicable laws and regulations of appropriate authorities. All rights and authority � which the CITY has not officially abridged, delegated or modified by this AGREEMENT are retained by the CITY. 18.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the II�LOYER, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. • . - 28 - ARTICLE XIX - SENIORITY �-��-�y 19.1 Seniority, for the purpose of this AGREEMENT, shall be defined as follows: The length of continuous, regular and probationary service with the �LOYER from the date an employee was first certified and appointed to a class title covered by this AGREEMENT, it being further understood that seniority is confined to the current class assignment held by an employee. In cases where two or more employees are appointed to the same class title on the same date, the seniority shall be determined by employee's rank on the eligible list from which certification was made. 19.2 Seniority shall terminate when an employee retires, resigns, or is discharged. 19.3 In the event is is determined by the EMPLOYER that it is necessary to reduce the work force, employees will be laid off by class title within each department based on inverse length of seniority as defined above. However, when layoff occurs in any of the titles listed below under Column A layoff shall be based on inverse length of total seniority in all titles listed on the corresponding line under Column B. The Personnel Department will identify such least senior employee in that title in the Department reducing positions, and shall notify said employee of his/her reduction from the department. If there are any vacancies in any of the titles under Column B on which seniority was based, in any other City Department, the Personnel Department shall place the affected employee in such vacancy. If two or more vacant positions are available the Personnel Department shall decide which vacant positions the affected employee shall fill. If no vacancy exists in such ti�les, then the least senior City employee in such . titles shall be identified, and if the employee affected by th`e original departmental reduction is more senior, he/she shall have the right to claim - 29 - ARTICLE RIX - SENIORITY (continued) that position and the least senior City employee in such titles shall be the employee laid off. For the purposes of this article, the Board of Education is not included as a City department nor is a Board of Education employee included as a City employee. Column A Column B , Clerk I Clerk I, Clerk II Clerk II Clerk I, Clerk II Clerk-Typist I Clerk-Typist I, Clerk-Typist II Clerk-Typist II Clerk-Typist II, Clerk-Typist I Clerk-Stenographer I Clerk-Stenographer I, Clerk-Stenographer II Cashier I Cashier I, Cashier II Cashier II Cashier II, Cashier I Accounting Machine Operator I Accounting Machine Operator I, Accounting Machine Operator II Accounting Machine Operator II Accounting Machine Operator II, Accounting Machine Operator I Data Entry Operator I Data Entry Operator I, Data Entry Operator II 19.4 In cases where there are promotional series, such as Clerk I, II, III, etc., when the number of employees in these higher titles is to be reduced, employees who have held lower titles which are in this bargain- ing unit will be offered reductions to the highest of these titles to which class seniority would keep them from being laid off, before layoffs are made by any class title within any department. 19.5 In cases where an employee to be laid off has held no regular appointment in a lower title in the same promotional series as his/her current title, that employee will be offered a reduction to the title within the bargaining unit to which he/she was regularly appointed immediately prior to his/her current title, so long as there is either a vacancy or if no vacancy exists a less senior employee in such title may be displaced. In cases where an employee to be laid off has held no regular appointment to any titles immediately prior to his/her current title, said employee shall be laid off. The employee reducing into a title formerly held must satisfactorily complete a six-month probationary period in such title. - 30 - �' ��-�� ARTICLE XIX - SENIORITY (continued) If the probationary period is not satisfactory, the employee shall, at any time during the probationary period, be reinstated to his/her former title and shall be laid off, but such employee's name will be placed on the reinstatement register in his/her former title and "bumping" rights herein shall not again apply to such employee. This procedure will be followed by the City for City employees, and by the Board of Education for Board of Education employees; however, City employees being reduced or laid off may not displace Board of Education employees; Board of Education employees being reduced or laid off may not displace City employees. 19.6 It is understood that such employees will pick up their former seniority date in any class of positions that they previously held. 19.7 Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after two years of layoff. . . - 31 - ARTICLE XX - DISCIPLINE 20.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in the form of: 20.11 Oral reprimand; ' 20.12 Written reprimand; 20.13 Suspension; 20.14 Reduction; . 20.15 Discharge 20.2 Suspensions, reductions and discharges will be in written form. 20.3 Employees and the UNION will receive copies of written reprimands and notices of suspension and discharge. 20.4 Employees may examine all information in their El�LOYER personnel files that concerns work evaluations, commendations and/or disciplinar� actions. Files may be examined at reasonable times under direct supervision of the II�LOYER. 20.5 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or UNION may request, and shall be entitled to a meeting with the II�LOYER representative who initiated the suspension with intent to discharge. During said five (5) day period, the II�LOYER may affirm the suspension and discharge ir. accordance with Civil Service Rules or may modify, or withdraw same. 20.6 An employee to be questioned concerning an investigation of disciplinary action shall have the right to request that a UNION representative be present. 20.7 Grievances relating to this Article shall be processed in accordance with existing Civil Service procedures or at the option of the employee may be taken up in the grievance procedure under Article VI. If an . issue is determined by the grievance procedure it shall not again be submitted for arbitration under the Civil Service Rules. If an issue is determined by the provisions of the Civil Service Rules it shall not again be submitted for arbitration under the grievance procedure. - 32 - �dl�-�� ARTICLE XXI - VACANCIES 21.1 The Personnel Office will inform all departments that the department's timekeeper shall post notices of all �ob vacancies in their department at least five days before submitting a requisition to the Personnel Office. . . - 33 - ARTICLE XXII - NO STRIKE - NO LOCKOUT 22.1 Neither the Union, its officers or agents, nor any of the employees covered by this Agreement will engage in, encourage, sanction or support any strike, or the withholding in whole or in part of the full performance of their duties during the life of this Agreement, except as specifically allowed by the Public Employment Labor Relations Act. In the event of a violation of this article, the Employer will warn employees of the consequences of their action and shall instruct them to immediately return to their normal duties. Any employee who fails to return to his full duties within twenty- four (24) hours of such warning may be subject to the penalties provided in the Public Employment Labor Relations Act. 22.2 No lockout, or refusal to allow employees to perform available work, shall be instituted by the Employer and/or its appointing authorities during the life of this Agreement. . ` . - 34 - ��__�� ARTICLE RXIII - SEVERANCE PAY 23.1 The employer shall provide a severance pay program as set forth in this Article. 23.2 To be eligible for the severance pay program, an employee must meet . the following requirements: 23.21 The employee must be 58 years of age or older or must be ' eligible for pension nnder the "rule of 85" or the "rule of 90" provisions of the Public Employees Retirement Association (PERA) . The "rule of 85" or the "rule of 90" criteria shall also apply to employees covered by a public pension plan other than PERA. 23.22 The employee must be voluntarily separated from City employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 23.23 The employee must have at least ten (10) years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this Article, employ- ment in either the City or in the Independent School District No. 625 may be used in meeting this ten (10) year service re- requirement. 23.24 The employee must file a waiver of reemployment 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. 23.25 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 23.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to onehalf of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. . 23.4 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. - 35 - ARTICLE XXIII — SEVERANCE PAY (cont.) 23.5 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 will be made to the employee's estate or spouse. 23.6 For the purpose of this severance program, a trar.sfer from the City of Saint Paul employment to Independent Schoo]. District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 23.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 23.8 This severance pay program shall be subject to and governed by the provisions 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. 23.9 The provisions of this article shall be effective as of December 24, 1983. 23.10 Any employee hired prior to December 31, 1983 may, in any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under �ither this article or the ozdinance shall constitute a bar to receiving severance pay from the other. Any empaoyee hired . after December 31, 1983 shall only be entitled to the benefits of this article upon meeting the qualifications herein. — 36 — �/'I` �'lo-'�� ARTICLE XXIV - EMERGENCY AND TEMPORARY ErlPLOYEES 24.1 It is recognized that Emergency and Temporary employees are within the unit covered by this AGREEMENT, however, except as specifically , provided by this AGREEMENT, emergency and temporary employees shall not have or acquire any rights or benefits other than specifically ' provided by the provisions of the Civil Service Rules and/or the St. Paul Salary Plan and Rates of Compensation. . s - 37 - ARTICLE XXV - NON-DISCRIMINATION 25.1 The terms and conditions of this AGREEMENT will be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, or because of . membership or nonmembership in the UNION. 25.2 Employees will perform their duties and responsibilities in a non- discriminatory manner as such duties and responsibilities involve other employees and the general public. t - 38 - ��-�� ARTICLE XXVI - TERMS OF AGREEMENT 26.1 Complete Agreement and Waiver of Bargaining. This Agreement shall represent the complete AGREEMENT between the UNION and the II�LOYER. The parties � acknowledge that during the negotiations which resulted in this AGREEMEr1T, each had the unlimited right and opportunity to make requests and proposals with respect to any sub�ect or matter not removed by law from the area of collective bargaining, and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this AGREEMENT. Therefore, the EMPLOYER and the UNION, for the life of this AGREEMENT, each voluntarily and unqualifiedly waives the right, and each agrees that the other sha1Z not be obligated to bargain collectively with respect to any sub�ect or matter referred to or covered in this AGREII�NT. 26.2 Savings Clause. This AGREEMENT is sub�ect to the laws of the United States, the State of Minnesota, and the City of Saint Paul. In the event any pro- vision of this AGREEMENT shall hold 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 provision shall be voided. All other provisions shall continue in full force and effect. 26.3 Term of Agreement. This AGREEMENT shall be in full force and effect from January 1, 1986 thru December 31, 1987, and shall be sutomatically renewed from year to year thereafter unless either party shall notify the other in writing by June 1, that it desires to modify or terminate this AGREEMENT. In witness whereof, the parties have caused this . AGREEMENT to be executed this llth day of December, 1985. . - 39 - ARTICLE XXVI - TERMS OF AGREEMENT (continued) 26.4 This constitutes a tentative AGREEMENT between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City, the City Council and • is also subject to ratification by Local Union No. 2508. 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