Loading...
86-322 WHITE - CITY CLERK PINK - FINANCE � COUfl II // �j CANARV - DEPARTMENT GITY OF �AINT PAUL f � �} �( BIUE - MAVOR . � Flle NO. `✓�V, Council Resolution Presented Referred To � N�I�IC.:C. - -- Committee: Date a^°��� Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul hereby pproves and ratifies the attached Labor Agreement between the Independent Sch o1 District No. 625 and District Lodge No. 77, International Association of M chinists and Aerospace Workers AFL-CIO. COUNCILMEN Requested by Department o : Yeas Nays Drew � P ICE �"'"tR��'y'°� In Favor Nicosia 1 Scheibel d Sonnen Against BY Tedesco W i Ison Adopted by Council: Date MAR � � j986 For ppro ed b City Att rney �� Certified Ya s d Council Se ar BY � By Approv Mavor: Date App by Mayor for Sub ' sion o uncil By B �}��nn n,o!^va �? "' ��1Q� i-�;° _:_i �r�nnnPl nfficP i � � DEPARTMENT ��/"� 0 ?N. 4138 d.e����::a-Sob�nia CONTACT 422� PHONE February 12, 1986 oATE reen e e ASSI N NUMBER FOR ROUTING ORDER (Cli All Locations for Si nature : /1 L Department Director 3 Direct�� of nagement/Mayor Finance and Management Services Director �,- City Clerk udget Director .2 City Attorney � WHAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpo e/ Ratio ale) : This resolution approves the 1985-1987 Agreement between the Independen School':District ��625 and the Machinists Lodge No. 77. The changes in the Agr�ement are sho on the attached sheet. The School Board has approved this Agfeement. COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTICIPATED: ;ec�►�vc RECEIVED None. Applies only to the School District. �E 3 1 :; FEB 14 tQR� r�AYC�'S OFFI E �Ty qTTORNEy FINANCING SOURCE AND BUDGET ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor' signa- ture t re- Total Amount of Transaction; quire if under $10,0 ) Funding Source: Activity Number: ATTACHMENTS (List and Number All Attachments) : 1 . Resolution 2. Copy for City Clerk DEPARTMENT REVIEW CITY ATTORNEY R VIEW Yes No Council Resolution Required? Resolution Requ red? Yes No Yes No Insurance Required? Insurance Suffi ient? Yes No Yes No Insurance Attached: (SEE REVERSE SIDE FOR INSTRUCTIONS) Revised 12/84 , _ . � � �; � yr -�a�� � � . � w .. ,� INDEPENDENT SCHOOL DISTRICT #625 BOARD OF EDUCATION , SAINT PAUL PUBLIC SCHOOLS DATE: December 17, 1985 TOPIC: A roval of an e lo ent a reemeat for 1985-1987 ith Machinists Lod e No. 77 A. PERTINENT FACTS: . 1) Changes in this contract are as follows: - New provision for $6. annual deducti n from pay for administrative service fee. - Health and Hospitalization Insurance: . Effective Januarq 1, 1986, Emploqer's contribution for single insurance coverage will be $10 .30 monthly. . Also effective January 1, 1986, Emplo er's contribution for family insurance coverage will be $152.17 monthly. . For employees who will retire after a option of agreement through 1986, coverage cont nued under earlq retiree provision to age 65. . For employees retiring after Januarq , 1987, the District will make no insurance premi contribution. . For employees who have retired in 198 and subsequently, employees at age 65 (or older) will be covered by the Onion's insurance plan at no cost to the Emploqer. - Holidays: Martin Luther King Day on the t ird Mondaq in Januarq is added to the available holidays - Severance Paq: New standard Severance Paq Plan increases maximum paqment from $4,000 to $6,500. - Term: This new two-year Agreement is for he period Julq 1, 1985 (wage change effective 7-6-85) throug June 30, 1987. - Wa es: The package settlement is SOC per our effective July 6, 1985; wage decrease of 9C per hour effective Januarq 4, 1986 and application of the 9C to insur nce; 4X wage increase effective July S, 1986. 2) The District has four employees in this bargain g unit. - 1 - . . _ _ ���� -3-�.z � � , i JULY, 1985 THROUGH JUNE, 1987 ' LABOR AGREEMENT Between � INDEPENDENT SCHOOL DISTRICT N0. 625 And DISTRICT LODGE N0. 77 INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO • � � , �.��__..,_._._..���._. ...... m____. ; ���-.��� : • INDEX I ARTICLE TITLE PAGE I Recognition I�I 1 II Definitions I 2 III Maintenance of Standards 3 IV Check Off and Administrative Service Fee 3 V Union Rights 4 VI Management Rights I 4 VII Discipline 5 VIII Hours, Overtime Pay 5 I% Tool Insurance and Clothing 6 % Jury Duty 6 XI Legal Services 7 XII Mileage - Independent School District No. 6 7 XIII Insurance 8 . XIV Holidays 10 XV Vacation 11 XVI Grievance Procedures i 12 %VII Savings Clause � 15 XVIII Severance Pay 16 XIX Wage Schedule ', 18 XX Strikes, Lockouts, Work Interference 18 RRI Sick Leave 18 XXII Maternity Leave 18 XXIII Safety Shoes 19 XXIV Duration and Effective Date I�, 20 Appendix A A-1, A-2 • - ii - � _ �I THIS AGREEMENT IS BETWEEN INDEPENDENT SCHOOL DISTRICT N0. 625 AND • DISTRICT LODGE 4E77, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO. This Agreement has been entered into between Independent School District No. 625, hereafter referred to as the EI�LOYER, and District Lodge 4t77, International Association of Machinists and Aerospace Workers AFL-CIO, hereafter referred to as the UNION. This AGREEMENT has as its purposes the promotion of harmonious relations between the II�iPLOYER and the UNION, the establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above objectives in full compliance with the requirements . of the Public Employment Labor Relations Act of the State of Minnesota of 1971, as amended. � i i - iii - ���- �� � ARTICLE I - RECOGNITION 1.1 The EMPLOYER recognizes the UNION as the sole and exc lusive bargaining agent for the purposes of establishing wages, bene its, hours, and other conditions of employment for all of its employe as outlined in the certification by the State of Minnesota, Bure u of Mediation Services, dated August 15, 1973, in case No. 74-PR- 7-A, and as set forth below: All regular, probationary, and provisional vehic e and equipment maintenance personnel who are employed by the Ci y of Saint Paul or who have their "terms and conditions 'of employment" established by the governing body of the City f Saint Paul in the classifications of Audio-visual Equipment Repairman, Auto Body Repairman, Auto Body Repairman Helper Auto Washer, Equipment Repairman, Fire Buildings Repairer, ' Fire Equipment Serviceman, Machinist, Mechanic-Welder, Parking eter Repairman, Parts Runner, Tire Repairman, Traffic Si n, Utilityman, Utilityman I, Vehicle Mechanic, Vehicle Mech ic Leadworker, Vehicle Maintenance Worker (Heavy), Vehicle Ma ntenance Worker (Light) , Vehicle Mechanic Trainee, Welder, and We der Leadworker, excluding supervisory, confidential, temporary, l emergencq, and employees exclusively represented by other la or or emploqee organizations. • 1.2 The parties agree that any new classifications which re an expansion of the above bargaining unit or which derive from the classifications set forth in this Agreement shall be recognized as a pa'rt of this bargaining unit, and the parties shall take all step � required under the Public Employment Relations Act to accomplish said�, objective. � . i - � - _ _ _ _ __ i ARTICLE II - DEFINITIONS � 2.1 Collective Bargaining. The II�LOYER will bargain collectively with the UNION with respect to rates of pay, hours, and conditions pertaining to employment for all of the employees in the unit hereinbefore set forth. 2.2 Discrimination. The II�LOYER will not interfere with, restrain or coerce the employees covered by this AGREEMENT because of inembership in or activity on behalf of the UNION. The EMPLOYER will not discriminate in respect to hire, tenure of employment or any term or condition of employment against any employee covered by this AGREEMENT because of inembership in or activity on behalf of the UNION, nor will it discourage or attempt to discourage membership in the UNION, or attempt to encourage membership in another Union. 2.3 This AGREEMENT shall designate and define benefits with the exception of pension benefits that shall be granted to the employees by the EMPLOYER. If, subsequent to this AGREEMENT, any governing body passes a provision which shall create a cost benefit for an employee in this unit, the cost of such benefit shall be paid by the employee until such time as the responsibility of the cost is subsequently negotiated. This provision shall not compel either party to reopen negotiations during the course of an existing contract. i i - 2 - _ , � ������� � ARTICLE III - MAINTENANCE OF STANDARDS II 3. 1 The parties agree that all conditions of employment r lating to wages, hours of work, overtime differentials, vacations, ' and all other general working conditions shall be maintained at n t less than the highest minimum standard as set forth in the Civil ervice Rules of the City of Saint Paul (Resolution No. 3250) and the aint Paul Salary Plan and Rates of Compensation at the time of the signing of this AGREEMENT, and the conditions of employment shall be 'mproved wherever specific provisions for improvement are made el ewhere in this AGREEMENT. ARTICLE IV - CHECK OFF AND ADMINISTRATIVE SERVICE FEE 4.1 Dues. The EMPLOYER agrees to deduct the UNION memb rship dues once each month from the pay of those employees who indivi ually request in writing that such deductions be made. The amounts to be deducted shall be certified to the EMPLOYER by a representat ve of the UNION and the aggregate deductions of all employees sh 11 be remitted together with an itemized statement to the representa ive by the first of the succeeding month after such deductions are de or as soon thereafter as is possible. 4.2 Fair Share. Any present or future employee who is no a UNION member Sshall be required to contribute a fair share fee for rvices rendered by the UNION. Upon notification bq the UNION, th EI�LOYER shall check off said fee from the earnings of the emploqee nd transmit the same to the UNION. In no instance shall the requi ed contribution exceed a pro rata share of the specific expenses incu , ed for services rendered by the representative in relationship to egotiations and administration of grievance procedures. This provis on shall remain operative only so long as specifically provided bq M nnesota law and as otherwise legal. 4.3 Administrative Service Fee. The Association alrees that an administrative fee of $6.00 per employee, per year s all be deducted by the Employer from the employee's earnings. This nnual deduction shall be made from the first paycheck received in IJanuary of each year. 4.4 The UNION will indemnify, defend, and hold the I LOYER harmless against any claims and all suits, orders or judgm nts brought or issued against the EMPLOYER, its officers or employees,, as a result of any action taken or not taken by the EMPLOYER under t e provisions of this section. • - 3 - � I; ARTICLE V - UNION RIGHTS � 5.1 The UNION may designate employees within the bargaining unit to serve as Union Stewards. 5.2 The UNION shall furnish the EMPLOYER and appropriate department heads with a list of Stewards and alternates, and shall, as soon as possible, notify said appropriate City officials in writing of any changes thereto. Only those who are Officers and Stewards shall be recognized by the EMPLOYER for the purpose of ineetings. ARTICLE VI - MANAGEMENT RIGHTS 6.1 The UNION recognizes the right of the EMPLOYER to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the EMPLOYER has not officially abridged, delegated or modified by this AGREEMENT are retained by the II�LOYER. 6.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the EMPLOYER, its overall budget, utilization of technology, and organizational structure and selection and direction and number of � personnel. � - 4 - . _ . _ ��'�-��� � ARTICLE VII - DISCIPLINE 7.1 The EMPLOYER will discipline employees for �u t cause only. Discipline will be in the form of: a) Oral reprimand; b) Written reprimand; i c) Suspension; d) Reduction; '�I e) Discharge. 7.2 Emploqees and the UNION will receive copies of writte reprimands and notices of suspension and discharge. 7.3 Discharges will be preceded by a five- (5) day preli nary suspension without pay. During said period, the employee a d/or UNION may request, and shall be entitled to a meeting wi h the Employer Representative who initiated the suspension with inte t to discharge. During said five- (5) day period, the EI�LOYER imay affirm the suspension and discharge in accordance with Civil Se �.ce Rules or may modify or withdraw same. 7.4 Grievances relating to this Article shall be processlld in accordance with existing Civil Service procedures, except that ral and written • reprimands shall be taken up in the grievance procedu e under Article XVI. ARTICLE VIII - HOURS, OVERTIME PAY 8. 1 Hours of Employment-- The normal work day and the rmal work week shall be 8 hours excluding � hour for lunch in any wenty-four hour period and 40 hours in any seven-day period. (For employees on a shift basis, this shall be construed to mean an averag of forty hours a week.) The normal work week shall consist of �ive consecutive normal work daqs. 8.2 Call-in Pay-- When an employee is called to work, he s all receive two hours' pay if not put to work. If he is called to wo k and commences work, he shall be guaranteed four hours' pay. T �ese provisions, however, shall not be effective when work is unable to proceed because of adverse weather conditions. . 8.3 Overtime-- Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by order of the head of the department. 8.4 An employee shall be recompensed for work done in exce s of the normal hours by being granted compensatory time on a time-an -one-half basis � or by being paid on a time-and-one-half basis for suc overtime work. The basis on which such overtime shall be paid shal be determined solely by the EMPLOYER. The overtime rate of one-an -one-half shall be computed on the basis of 1/80th of the biweekly rat . - 5 - , ARTICLE IX - TOOL INSURANCE AND CLOTHING , 9.1 The EMPLOYER will provide three changes of coveralls per week in accordance with existing practices. 9.2 The �LOYER agrees to reimburse employee for tools damaged by fire or vandalism or for tools as maq be stolen; however, such liability for reimbursement shall only apply in the event that the employee's tools are stored on the IIKPLOYER'S premises and in such places as EMPLOYER shall designate, and, further, only if the tools are destroyed or stolen in their entirety as a result of a fire, vandalism or proven theft from the EMPLOYER'S premises. ' ARTICLE X - JURY DUTY 10.1 Any employee who is required during his regular working hours to appear in court as a juror or witness except as a witness in his own behalf against the EMPLOYER shall be paid his regular pay while he is so engaged, provided, however, that any fees that the employee may receive from the �court for such service shall be paid to the EMPLOYER and be deposited with the Employer Business Office. Anq employee who is scheduled to work a shift, other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as he is required to appear in court as a �uror or witness. � ARTICLE XI - LEGAL SERVICES 11. 1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the EMPLOYER shall defend, save harmless, and indemnify an employee and/or his 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. . - 6 - . �r ��-3�z : � ARTICLE XII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625I 12.1 Employees of the School District under policy adopted ,by the Board of Education may be reimbursed for the use of their 'automobiles for school business. To be eligible for such reimburs ment, employees must receive authorization from the District Mi eage Committee utilizing one of the following plans: PLAN "A", effective with the adoption of thi Agreement, is reimbursed at the rate of 23C per mile. In add tion, a maximum amount which can be paid per month is establishe by an estimate furnished by the employee and the employee's supe isor. Another consideration for establishing the maxi m amount can be the experience of another working in the s me or similar position. Under this plan, it is necessary for the emp �oyee to keep a record of each trip made. PLAN "C" provides for reimbursement based on a Ilper month "lump sum" amount. This amount is determined by the e loyee's driving experience under Plan "A" for a period of 3 to months. Those employees receiving an auto allowance under this lan must report � monthly the number of days the car was avail ble during the month. A deduction must be made from the lump sum amount for each day the employee is on vacation. A deduc on need not be made for an occasional day of illness or for a holliday. ; . � i - 7 - �' _ , ARTICLE XIII - INSURANCE � � 13.1 The employer shall contribute an amount set forth below to a fund which shall be established and administered by the union for the purpose of securing health, life, medical, and hospitalization insurance benefits for members of this unit. The responsibility of securing such insurance programs shall be that of the union. 13.2 Effective January 1, 1986, for each eligible employee covered by this Agreement who selects single insurance coverage.the Employer will contribute $102.30 per month. 13.3 Effective January 1, 1986, for each eligible employee covered by this Agreement who selects family insurance coverage, the Employer will contribute $152.17 per month. 13.4 Any cost in premiums for single or family insurance coverage in excess of the amounts stated in Articles 13.2 and 13.3 above shall be paid by the employee. 13.5 Eligibility for the Employer's monthly contribution shall begin the first daq of the seventh month following the employee's employment by the Employer. Eligibility shall continue each month thereafter during which the employee is on the payroll the first workday. 13.6 The administration of any insurance programs established by the union � for the protection of the members of this unit and eligible early retirees shall be the sole responsibility of the union. The union shall be responsible for the implementation, solicitation, enrollment, eligibility, and payment of premiums for insurance programs established pursuant to this article. 13.7 All contributions and deductions described above shall be forwarded to depositories as directed by the union. The union shall notify the Employer of the name of the employee and the amount to be contributed or deducted from the employees' payroll, and the Employer shall take the necessary steps to make such contributions and payroll deductions and to forward the amounts to the Trust Fund designated by the union. If an employee does not consent to the amount of deduction set forth by the union, the Employer shall not be responsible for failure of premium payment. 13.8 It shall be the responsibility of the union to advise employees as to their health and hospital insurance status, benefits, and rights. 13.9 For employees who retire after the time of execution of this Agreement and prior to January 1, 1987 and until such time such employees reach sixty-five (65) years of age, the Employer will �for the period of this Agreement contribute such insurance payments as are provided by the Employer for such employees at the time of their retirement. Said payments shall be made to the Trust Fund designated by the union. � - 8 - _._._.�__ . _ �a2a2 .� � � • Article XIII - Insurance (continued) 13.10 For employees who retire after December 31, 1986, the Employer will discontinue making any insurance payments pon the date of retirement. Continued insurance coverage for su h retirees will be provided through District Lodge 77's Health nd Welfare Fund subject to rules of the fund. 13.11 Effective January 1, 1987, all retirees who reti d after December 31, 1981 who are sixty-five years of ge or older or upon reaching sixtq-five (65) years of age will covered by the union's Insurance Plan at no cost to the Empl yer. Insurance coverage will be provided through District Lodge 77's Health and Welfare Fund subject to rules of the fund. 13.12 In order to be eligible for the benefits under t early retiree provision in Articles 13.9 above, the employee m t: a) Be receiving benefits from a public employe retirement act at the time of retirement. b) Have severed his/her relationship with th� City of Saint Paul/Independent School District No. 625 u der one of the early retiree plans. ' � c) Inform the Personnel Office of the City ol Saint Paul in writing within 60 days of employee's earlq retirement date that he/she wishes to be eligible for early retiree insurance benefits. � � - 9 - ARTICLE XIV - HOLIDAYS • 14.1 Holidays Recognized and Observed - The following days shall be recognized and observed as paid holidays: New Year's Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Labor Day Columbus Day � Veterans' Day Thanksgiving Day Christmas Daq Two floating holidays. Eligible employees shall receive pay for each of the holidays listed above on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holidaq. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holidaq. 14.2 The floating holidays set forth in Section 14.1 above may be taken at any time during the contract year, sub�ect to the approval of the � department head of any employee. 14.3 Eligibility Requirements - In order to be eligible for a holiday with pay, an employee s name must appear on the payroll on any six working days of the nine working days preceding the holiday, or an employee's name must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holidaq. 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. 14.4 In the case of Board of Education Employees, if Martin Luther King Day, Presidents' Day, Columbus Day or Veterans' Day falls on a day when school is in session, the Employee shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be a day on which school is not in session and shall be determined by agreement between the employee and the supervisor. � - 10 - f ���� �`�-2 � ARTICLE XV - VACATION I 15.1 In each calendar year, each full-time employee s all be granted vacation according to the following schedule: Years of Service Vacation Gran ed Less than 8 years 15 days � After 8 years through 15 years 20 days After 15 years and thereafter 25 days. i 15.2 Employees who work less than full time shall be grant d vacation on a pro rata basis. � 15.3 The head of the department may permit an employee tolcarry over into the following year up to ten days' vacation. 15.4 The above provisions of vacation shall be subject t the Saint Paul Salary Plan and Rates of Compensation, Section I, Sub ivision H. 15.5 If an employee has an accumulation of sick leave cred ts in excess of one hundred and eighty days, he maq convert any part f such excess to vacation at the rate of one-half day's vacation for ach day of sick leave credit. • 15.6 The maximum number of days' vacation allowed by the c version of sick leave credits shall be no more than five days in any ne year so that the maximum vacation time which may be taken in any o e year shall be forty days including the regular vacation period. � � - 11 - II� ARTICLE XVI - GRIEVANCE PROCEDURES , 16.1 The EMPLOYER shall recognize stewards selected in accordance with UNION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the II�PLOYER in writing of the names of the stewards and of their successors when so named. 16.2 It is recognized and accepted by the II�LOYER and the UNION that the procesaing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the EMPLOYER. 16.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article VII, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. Grievances shall be resolved in conformance with the following procedure: � Step 1. Upon the occurrence of an alleged violation of this AGREEMENT, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. � - 12 - . ���� -.�� � Article XVI - Grievance Procedures (continued) Step 2. Within seven (7) calendar days afte' receiving the written grievance, a designated Emp oyer Supervisor shall meet with the Union Steward 'and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresol ed, the EMPLOYER shall reply in writing to the UNION ithin three (3) calendar days following this meeting.. The UNION may refer the grievance in writing to Ste 3 within seven (7) calendar days following receipt o the EMPLOYER'S written answer. Any grievance not re' erred in writing by the UNION within seven (7) calenda days following receipt of the II�LOYER's answer sha 1 be considered waived. Step 3. Within seven (7) calendar days follow ng receipt of a grievance referred from Step 2, a de gnated Employer Supervisor shall meet with the Union usiness Manager or his designated representative and a tempt to resolve the grievance. Within seven (7) calendar daqs following this meeting, the EI�LOYER shall reply in writing to the UNION stating the LOYER'S answer concerning the grievance. If, as result of the . written response, the grievance remain unresolved, the UNION may refer the grievance to Step Any grievance not referred in writing by the UNION o Step 4 within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered aived. Step 4. If the grievance remains unresolved,� the UNION maq within seven (7) calendar days afterjthe response of the II�LOYER in Step 3, by written� notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be c nducted by an arbitrator to be selected by mutual greement of the EMPLOYER and the UNION within seven ( ) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator with the said seven (7) day period, either party may re est the Public Employment Relations Board to submit panel of five (5) arbitrators. Both the EI�LOYER an the UNION shall have the right to strike two (2) names, from the panel. The UNION shall strike the first lst) name; the EMPLOYER shall then strike one (1) n e. The process will be repeated and the remaining per on shall be the arbitrator. • - 13 - _ . i Article XVI - Grievance Procedures (continued) . 16.4 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the II�LOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the II�LOYER, the UNION, and the employees. 16.5 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. 16.6 The time limits in each step of this procedure may be extended by • mutual agreement of the EMPLOYER and the UNION. � - 14 - _:�..���y...._.____-�_--��—___ __ . _ ---- _ ... ..:._� _ _ _ , _..____ _ ___ . _ _. .��= c�� --3�� * ARTICLE XVII - SAVINGS CLAUSE 17.1 This AGREEMENT is sub�ect to the laws of the United S ates, the State of Minnesota, and the City of Saint Paul. In the eve t any provision of this AGREEMENT shall hold to be contrary to la by a court of competent �urisdiction from whose final �udgment or ecree no appeal has been taken within the time provided, such pro ision shall be voided. All other provisions shall continue in full f rce and effect. � � � � � - 15 - ARTICLE XVIII - SEVERANCE PAY � 18.1 The Employer shall provide a severance pay program as set forth in this Article. 18.2 To be eligible for the severance pay program, an� employee must meet the following requirements: 18.21 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions of the Public Employees Retirement Association (PERA). 18.22 The employee must be voluntarily separated from School District 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 this severance pay program. 18.23 The employee must have at least ten (10) years of consecutive service under the classified or unclassified Civil Service at the time of separation. 18.24 The employee must file a waiver of re-employment with the Director of Personnel, which will clearly indicate that by requesting severance pay, the employee waives all claims to � reinstatement or re-employment (of any type) with the City of Saint Paul or with Independent School District No. 625. 18.25 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 18.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to 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 subject to a maximum of 200 accrued sick leave days. 18.4 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. 18.5 For the purpose of this severance pay 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. � - 16 - ������ • Article XVIII - Severance Pay (continued) I 18.6 For the purpose of this severance pay program, a transfer from Independent School District No. 625 employment o City of Saint Paul employment is not considered a separation o employment, and such transferee shall not be eligible for this s verance program. 18.7 The manner of payment of such severance pay s all be made in accordance with the provisions of the School D 'strict Severance Pay Plan alreadq in existence. ! 18.8 This severance pay program shall be subject to and governed by the provisions of the original School District S verance Pay Plan (which allows $4,000 maximum payment) except in hose cases where the, specific provisions of this Article con lict with said Severance Pay Plan and in such cases, the pr visions of this Article shall control. 18.9 The provisions of this Article shall be effecti e as of January 1, 1986. 18.10 Any employee hired prior to December 31, 1983 ma , in any event, and upon meeting the qualifications of this Article or the original School District Basic Severance Pay P1 n (which allows � $4,000 maximum payment) , draw severance pay. However, an election by the employee to draw severance pay der either this Article or the basic School District Severance Pay Plan shall constitute a bar to receiving severance pay fro the other. Any employee hired after December 31, 1983 shall be ntitled only to the benefits of this Article upon meeting th qualifications herein. 18.11 An employee of Independent School District No. 6 5 shall not be eligible for the severance pay provision of this Article if such employee is also eligible and a recipient of arly Retirement Incentive payment under the Memorandum of Agreem t with the exclusive representative dated October 19, 1983. i • - 17 - �I ARTICLE XIX - WAGE SCHEDULE � 19.1 The wage schedule for purposes of this contract shall be Appendix A, attached hereto. 19.2 The Vehicle Mechanic Leadworker rate will be 25C per hour higher than the Vehicle Mechanic rate. ARTICLE XX - STRIKES, LOCKOUTS, WORK INTERFERENCE 20.1 The UNION and the IIKPLOYER agree that there shall be no strikes, work stoppages, slowdowns, sitdown, stay-in, or other concerted interference with the EMPLOYER'S business or affairs by any of the said UNION and/or the members thereof, and there shall be no bannering during the existence of this AGREII�iENT without first using all possible means of peaceful settlement of any controversy which may arise. Employees engaging in same shall be liable for disciplinarq action. ARTICLE XXI - SICK LEAVE 21.1 Sick Leave with Pay. During any period in which an employee is absent � from work on sick leave with pay, the employee shall not be employed or engaged in any occupation for compensation outside of his regular City employment. Violation of the provision of this paragraph by any employee shall be grounds for suspension or discharge. ARTICLE XXII - MATERNITY LEAVE 22.1 Maternity Leave. Maternity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the II�PLOYER may approve such leave at its option, and such leave may be no longer than one (1) year. � - 18 - . . ���-.�a� • ARTICLE XXIII - SAFETY SHOES 23.1 The EMPLOYER agrees to pay $10.00 toward the cost f each pair of safety shoes purchased by an employee who is a memb r of this unit. The EMPLOYER shall contribute toward the cost of tw pairs of shoes per year and shall not be responsible for any additio al cost for any additional shoes thereafter. This reimbursement of $ 0.00 per pair of shoes shall be made only after investigation and pproval by the immediate supervisor of that employee. This $10.00 p r pair of shoes contribution to be made by the II�LOYER shall appl only to those employees who must wear protective shoes or b ots for their employment. ; • I � • - 19 - . �� . _ . _.�: --- - _ �-=� -- -._-W.w�._:�_. _ ��� -.��a � ARTICLE XXIV - DURATION AND EFFECTIVE DATE a �.. 24.1 The Employer and the Association acknowledge that ring the meeting and negotiating which resulted in this Agreement, e ch had the right and opportunity to make proposals with respect to anq sub�ect conceraing the terms aad conditions of employment. e agreements aad understandings reached by the parties after the exer ise of this right are fullq and completelq set forth in this Agree nt. Any and all prior agreements, resolutions, practices, polici s or rules or regulations regarding the terms and conditions of ployment to the extent they are inconsistent with this Agree nt are hereby superseded. In those areas where Civil Servic' Rules are not inconsistent with this Agreement, the Civil Se ice Rules shall continue to be in effect. 24.2 Except as herein provided, thi8 AGREEMII�iT shall be e fective as of the date it is executed by the parties and ahall conti ue in full force and effect through Juae 30, 1987. Eitlier party des ring to amend or modify this AGREII�TT shall notifq the other in iting so as to complq with the provisions of the Public Employmen Labor Relations Act of 1971. 24.3 Thia constitutes a tentative agreement between the pl� rties which .will be recommended by the School Board Negotiator, but s sub�ect to the � appronal of the School Board, the Administration of 'ithe City, and is also sub�ect to ratification by the Association. I . WITNESSES: INDEPENDENT SCHOOL DISTRICT N0. 625 DISTRICT LODGE NO.I 77, INTERNATIONAL AS CIATION OF MACHINISTS AND OSPACE WORKERS, AFL-CIO � � BY: BY•`\ C��� 1J�4 Scho 1 Board Negot tor Business Man �er ��, �; BY: BY: Chairman, Board of Education DATED THIS I �� day of /��e--. , 1985 �� - 20 - I _ . � � � � ����-��z� � APPENDIX A The wage rates and salary ranges for classifications in this unit e shown below: EFFECTIVE EFFECTIVE EFFECTIVE JULY 6, 1985 JANUARY 4, 1986 I JULY 5, 1986 Auto Body Repairman $14.18 $14.09 $14.65 Machinist 14.18 14.09 ' 14.65 Mechanic-Welder 14.18 14.09 1/+.65 Tire Repairman 13.64 13.55 14.09 Vehicle Mechanic 14.18 14.09 14.65 Vehicle Mechanic Leadworker 14.45 14.36 14.93 Welder 14.18 14.09 14.65 Welder Leadworker 14.45 14.36 14.93 Auto Body Repairman Helper: � Starting 60X of Auto Body Repairman ate after 6 months 65x of Auto Body Repairman te after 1 year 70% of Auto Body Repairman te • after 2 years 757 of Auto Body Repairman ate after 3 years and thereafter 80% of Auto Body Repairman ate. EFFECTIVE EFFECTIVE EFFECTIVE JULY 6, 1985 JANUARY 4, 1 86 JULY 5, 1986 START 6 MOS. START 6 OS. START 6 MOS. Audio Visual Equipment Repairman $12.00 $12.70 $11.91 $12 61 $12.39 $13.11 Auto Washer 9.39 9.88 9.30 9 79 9.67 10.18 Equipment Repairman 11.55 12.22 11.46 12' 13 11.92 12.62 Fire Buildings Repairer 11.55 12.22 11.46 12 13 11.92 12.62 Fire Equipment Serviceman 11.55 12.22 11.46 12 13 11.92 12.62 Parking Meter Repair Worker 11.55 12.22 11.46 12 13 11.92 12.62 Traffic Sign Worker 11.55 12.22 11.46 12' 13 11.92 12.62 *Utilityman 11.55 12.22 11.46 12113 11.92 12.62 Utilityman I 10.66 11.26 10.57 11 17 10.99 11.62 Vehicle Maintenance Worker (Heavy) 11.55 12.22 11.46 12 13 11.92 12.62 Vehicle Maintenance Worker (Light) 10.66 11.26 10.57 11 �' 17 10.99 11.62 � I - A1 - i . _ _ -: . � . t ���-���� � Appendix A (continued) EFFECTIVE JULY 6, 1985 EFFECTIVE JANUARY 4, 19 6 EFFECTIVE JULY S, 1986 START 6 MOS. 1 YR. START 6 MOS. 1 Y . START 6 MOS. 1 YR. Food Service Equipment $7.67 $7.92 $8.22 $7.58 $7.83 $8.�3 $7.88 $8.14 $8.46 Specialist Helper Parts Runner 6.65 7.42 8.22 6.56 7.33 8. 3 6.82 7.62 8.46 Communications Technician 7.47 7.72 8.22 7.38 7.63 8. I3 7.68 7.94 8.46 Helper Vehicle Mechanic Trainee � First 2,000 hours 607� of the Vehicle Mechanic base rate I Third 1,000 hours 65X of the Vehicle Mechanic base rate Fourth 1,000 hours 70X of the Vehicle Mechanic base rate Fifth 1,000 hours 75% of the Vehicle Mechanic base rate Sixth 1,000 hours 80X of the Vehicle Mechanic base rate Seventh 1,000 hours 85y of the Vehicle Mechanic base rate Eighth 1,000 hours 907 of the Vehicle Mechanic base rate. • The above July 6, 1985 rates represent a $0.50 per hour increase ol�er the July 1, 1984 rates. The above January 4, 1986 rates represent a $0:09 per hour decreas from the July 6, 1985 rates. (The .09 per hour is being added to the Emplo er's insurance contribution.) The above July 5, 1986 rates represent a four per cent (4X) increa e over the January 1, 1986 rates. � - A2 - _ , , � 4�� � j���� _ .� CITY OF SAINT PAUL ���� ��� � ,;���"���������: OFFICE OF THE CITY COUD7CIL �.n� tn;n. .. �Ommlttee Re Ort � P F:i�.an�e Mana m�nt � Persann�l �a ittee. - ----- - -- - --- March 6, 19 6 . . � 1. Approval of minutes from meeting held February 27, 1986. a roved 2. Resolution concurring in the Mayor's recommendation to use is executive powers to reduce spending to match current revenue projecti ns (letter of. Mayor accompanies resolution notifying Council of a revenue shortage for finance the adopted 1986 budget) . withdrawn 3. Resolution amending the salary plan and rates of compensati n resolution to change the� compensation for the position of Human,: Rights An lyst - Researcher. approved 4. Resolution authorizing funding of staff for assessment col ction on CSO related sewer and paving projects. approved 5. Resolution approving Officials' Surety Bond No. 96854. roved 6. Resolution. authorizing agreements with Saint Paul Police 0 ficers- for rental of snowmobiles as needed to be used as Police patrol vehic P, during the . 1986 Winter "Carnival. withdrawn 7. ��solution ap�aroving July 198,� through June l•�87 Labor Agr .�a+tr.� be�aeen _ Independent School District No. b25 and District Lodge No. 77, I�ternationai Association of Machinists .and Aer�rspace Workers AFL-CIO. a raved � 8. Resolution approving Memorandum of Agreement which amends he ?985-1986 Collective Bargaining Agreement between the City and Plumb rs Local No. 34. laid over indefinitely 9. Resolution declaring certain Water Department property in adnais �?eights as surplus property and authorizing sale of the property t Keith T. Harstad for the fair market value. approved 10. Administrative Orders: D-7885: Transfers of PIR for seventh floor air conditioni g. discussa�I D-7890: Budget to reflect payment made to United Way. discussed D-7893: Surplus in Fringe Benefit budget transferred to c ver deficit in . Salary budget. discussed CITY HALL SEVENTH FLOOR - T PAL}'L,MINNESOTA SSI02 ��d � _. ..,...._._ .........._..__...�.__. ..___._...,.-._.,r .,_....,__.__.,_" ._._^+—r,..swR.....,,�..,,,.».,...... . . .. . . .,._....,-...___.___..__.�.__ _... ..._. ... .__.�. � �-,.......,.,....,.. . .