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86-1021 WHITE - C�TV CLERK I � � PINK - FINANCE G I TY O F SA I NT PA tT L Council f CANARV - DEPARTMENT File NO. ��Y�/0�/ BLUE - MAVOR auncil Resolution - � , Presen d By � �-_ � I /��.._._..."i� Referred To '� �� C Committee: Date `� � � Out of Comm ttee By Date RESOL D, That the Council of the City of Saint Paul hereby approves and ratifies t attached 1986-1987-1988 Labor Agreement between the City of Saint Paul and t Tri-Council Bargaining Unit, represented by Local 49, Local 120 and Local 132. COUNCILMEN Requested by Department of: Yeas �, N s � Nicosia PE EL CE Rettman [n Favor . , Scheibel so�na� , �" __ Against BY Tedesco UYilcon Adopted by Council: Date �u� � � �� Fo Approve y Cit rney Certified P•s e b C .il S c et BY ' BS' , Approved by :Wavor: t � L�� JU� � 4 � App by Mayor for Su ' s' n to Council By _ — PUBtfSHED AU G 2 19�6 I , ! °� Personnel Off'ce DEPARTMENT ��Q"�°Z� N° _05914 Jim L�mbard' �, CONTACT �` 7301 ' PHONE � 6-26-86 DATE e�/� �.Qr � � AS IGN NUMBER F R I G ORDER Cli All Locations for Si nature : Department ire or' � Director` of Management/Mayor Finance and Man e nt Services Director �' i..� City Clerk Budget Aire tor City Attorn - WHAT WILL BE AC IE1� B TAKING ACTION ON THE ATTACMED MATERIALS? (Purpose/ � , Rationale) : , This resolution �ppr ve a t�i;ree-year contract between the City ��f�T�i,,Council. The changes in the new contr�ct re on the attached sheet. �U JU� � �� . � -i1 Y�°R`�Q��,�,� : . . COST BENEFIT B DGE RY AND PERSONNEL IMPACTS APiTICIPATED: May, 1986 $2 0,6 7 May, 1987 $2�6,8 May, 1988 $2.�2,9 1 .. ,. � f�INANCING SOURC� AN B GET ACTIVITY NU{�ER CHARGED OR CREDItED: (Mayor's signa- ture not re- Total Amountjof ' an action: quired if under ! " $10,00Q) Funding Sour�e: 3 Activity Num�er: • � ATTACHMENTS Li t a mber All Attachments : 1 . Resolution 'i � 2. Copy for Cit� C1 k - � DEPA TMENT REVI W CITY ATT4RNEY REVIEW / es No C unc solution Required? ' Resolution Required? �Y� No Yes t�NQ Ir�sur c Required? Insurance Suffictent? vYes No Yes �o Ir�sur c Attached: � j (SEE •REVERSE SIDE FOR IMSTRUCTIONS) � _ � Revised 12/84 ' �� - /4�?/ 1986-19 7-1988 contract betwen the City and the Tri-Council. 1 . Art'cle 8.5 - New language on the computation of overtime based on FLSA req. 2. Ar icle 9 - Insurance. New language with new caps on Employers contribution, new requirements for insurance eligibility for early retirees and lower caps for half-time employees. 3. A�ticle 12 - Vacation. New language placing vacation on a fiscal year instead of calendar year. 4. A ticle 15 - Severance Pay. Clarification of the $6,500 maximum payment. 5. W ges: Laborers: Total package increases of .40 per hour each year. Driver-Operator: Total package increases of .40 per hour for 5-86, � .45 for 5-87 and .50 per hour for 5-88. Equipment Operator: Total package increases of .50 per hour each year. These ' age increases are based on the outside union settlement. . I � ��_io�/ . � � � k I � I I I MAY, 1986 THROUGH APRIL, 1989 COLLECTIVE BARGAINING AGREEMENT I BETWEEN THE CITY OF SAINT PAUL i i AND THE TRI-COUNCIL .. LOCAL 120 - LOCAL 49 - AND LOCAL 132 I I � � �p-%D�/ . I N D E X ARTICLE TITLE PAGE . Principles 1 I Recognition 2 _ II Maintenance of Standards q � III Union Rights 5 I� Payroll Deductions 6 � Management Rights � �I Safety 8 VII Discipline 9 VIII Hours - Premium Pay 10 IX Insurance 12 X Employee Rights-Grievance Procedure 14 XI Seniority lg XII Vacations 20 XIII Holidays 21 XIV Jury Duty 23 XV Severance Pay 24 XVI Wages 26 XVII Savings Clause 27 XVIII Jurisdiction Zg XIX � Sick Leave 29 � Maternity Leave 30 XXI Legal Services 31 �II Strikes, Lockouts, Work Interference 32 XXIII Terms of Agreement 33 Appendix A A1 Appendix B B1 „ Appendix C C1 - ii - . � � �_ ,oa� PRINCIPLES This REEMENT is entered into to facilitate the adjustment of grievances and disputej between the EMPLOYER and EMPLOYEES to provide, insofar as possible, fl r the continuous employment of labor and to establish necessary � procedures ' or the amicable ad�ustment of all disputes which may arise between thel EMPLOYER and the UNION. The LOYER and the UNION encourage the highest possible degree of practical, ; riendly, cooperative relationships between their respective representat; ves at all levels. The officials of the EMPLOYER and the UNION realize thal this goal depends primarily on cooperative attitudes between people in t eir respective organizations and at all levels of responsibility, and that pr per attitudes must be based on full understanding of and regard for the res ective rights and responsibilities of both the EMPLOYER and the EMPLOYEES. ' There hall be no discrimination against any EMPLOYEE by reason of race, color� creed, sex, of UNION membership. The E ILOYER and the UNION affirm their 'oint o osi ' � pp tion to any discriminat ry practices in connection with employment, promotion, or training, I rememberinglthat the public interest remains in full utilization of Employees skill and a ility without regard to consideration of race, color, creed, national or gin, age or sex. i - 1 - I ARTICLE I - RECOGNITION 1.1 The EMPLOYER recognizes the UNION as the sole and exclusive collective bargaining agency for all Employees that have been certified by the � State of Minnesota, Case No. 73-PR-427-A, as follows: All employees of the City of Saint Paul in the classifications • of Air Compressor Operator, Asphalt Batcherman, Asphalt Plant Engineer, Asphalt Raker, Asphalt Shoveler, Backfiller Operator, Bituminous Curb Machine Operator, Bituminous Spreader Operator, Bridge Crew Leader, Bridge Laborer, Building Laborer, Ditch Digger, Forestry Crew Leader, Garden Laborer, Gardener, Groundsworker, Heavy Equipment Operator, Heavy Equipment Operator--Asphalt Plant, Hoisting Engineer, Jackhammer Operator, Jet Sewer Cleaner Operator, Kettle Fireman, Labor Crew Leader, Miner, Miner--Water Department, Mixer Engineer, Mortar Mixer, Motor Equipment Operator, Motor Equipment Operator--Water Department, Motor Patrol Operator, Paving Breaker (Hydra Hammer Operator) , Plasterer's Tender, Playground Custodian, Power Clam Operator, Power Shovel Operator, Public Works Laborer, Pulvimixer Operator, Pumperete Operator, Road Machinery Operator, Roller Engineer (Under 6 tons) , Roller Engineer (6 tons or over) , Sanitation Laborer, School Ground Maintenance Foreman, Sewer Crew Leader, Sewer Laborer, Sewer Maintenance Laborer, Sno-Go Operator, Sweeper Operator, Tamper, Tractor Operator I, Tractor Operator II, Tractor Operator II (Backhoe) , Tree Trimmer I, Tree Trimmer II, Driver-Operator, Tunnel Laborer, Unskilled Laborer, Vibrator Operator, Water Laborer, Water Serviceman I, Water Serviceman II (Connections) , Water Serviceman II (Mains) , Water Service WorkerControl Desk, and Water-Shed Laborer who work more than 14 hours per week and more than 100 work d2ys per year, excluding Supervisory, Confidential, temporary, emergency, and employees exclusively represented by other labor or employee organizations. The"parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classifications set forth in this agreement shall be recognized as a part of this bargaining unit, and the parties shall take all steps required under the Public Employment Relations Act to accomplish said objective. - 2 - � ��-��/ ARTICLE I ' RECOGNITION 1.2 The E LOYER agrees not to enter into any contractually binding agreements with ny employee or representative not authorized to act on behalf of the U ION. There shall be no individual agreements with any employees � that onflict with the terms of this AGREEMEh'T, and any such agreement or co' tract shall be null and void. I � � � I - 3 - ARTICLE II - MAINTENANCE OF STANDARDS 2.1 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations and all other general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of � Saint Paul 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. � - 4 - . �� -��ai � ARTICLE II� - UNION RIGHTS 3. 1 Ttie UI� ON may designate employees from within the bargaining unit to act as� Stewards and shall inform the EMPLOYER in writing of such designl tions. Such employees shall have the rights and responsibilities ; as des' gnated in Article 10 (GRIEVANCE PROCEDURE) . There shall be no more t� an one Steward from each local involved in any one specific grieva ce. 3.2 There hall be no deduction of pay from Stewards when directly involved , in mee ings with management during working hours for grievance procedures. 3.3 Design ted Union Representatives shall be permitted to visit employees on job; sites and at department buildings during working time. 3.4 If the Unions enter into any Agreements with any individual Employer or grolp of Employers for more favorable wages, hours or conditions i than h rein specified, the Unions shall immediately furnish a copy of any su h Agreement to the City and the Union may effective upon ten (1 ) days' notice to the City apply all or part of such Agreement as the new Agreement between it and the City. - 5 - �I ARTICLE IV - PAYROLL DEDUCTION 4.1 The EMPLOYER shall, upon request of any employee in the unit, deduct such sum as the UNION may specify for the purpose of initiation fees ' and dues to the UNION, providing the UNION uses its best efforts to assess such deductions in as nearly uniform and standard amounts as is . possible. The EMPLOYER shall remit monthly such deduction to the appropriate designated UNION. 4.2 In accordance with M.S.A. 179.65, Subd. 2, the EMPLOYER agrees that upon notification by the UNION, the EI�LOYER shall deduct a fair share fee from all certified employees who are not members of the exclusive representative. 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. 4.3 The UNION will indemnify, defend and hold the EMPLOYER harmless against any claims made and against any suits instituted against the EMPLOYER, its officers or employees, by reason of negligence of the UNION in requesting or receiving deductions under this Article. The II�PLOYER will indemnify, defend and hold the UIr'ION harmless against any claims made and against any suits instituted against the U�ION, its officers or employees by reason of negligence on the part of the EMPLOYER in making or forwarding deductions under this Article. - 6 - � �--io�/ � ARTICLE V ' MANAGEMENT RIGHTS 5.1 The U ION recognizes the right of the EMPLOYER to operate and manage � its a fairs in all respects in accordance with applicable laws and regul tions of appropriate authorities. The rights and authority which . the LOYER has not officially abridged, delegated, or modified by this greement are retained by the EMPLOYER. 5.2 A pub ic employer is not required to meet and negotiate on matters of inhere! t managerial policy, which include but are not limited to, such areas � f discretion of policy as the functions and programs of the employ� r, its overall budget, utilization of technology, and organi� ational structure and selection and direction and number of person el. 5.3 If the Unions enter into any Agreements with any individual Employer or gro p of Employers for less favorable wages, hours or conditions than hlrein specified, the Unions shall immediately furnish a copy of any su h Agreement to the City or if the City comes upon such an Agreem nt, the City may effective upon ten (10) days' notice to the Unions'� apply all or part of such Agreement as the new Agreement between it 2�nd'� the Unions. � � - 7 - ARTICLE VI - SAFETY 6.1 Accident and injury free operations shall be the goal of all EMPLOYERS and EMPLOYEES. To this end the EMPLOYER and EMPLOYEE will, to the best " of their ability abide by, and live up to the requirements of the several State and Federal Construction Safety Codes and Regulations. 6.2 To this end the EMPLOYER shall from time to time issue rules or notices to his EMPLOYEES regarding on the job safety requirements. Any El�LOYEE violating such rules or notices shall be subject to disciplinary action. ro EMPLOYEE may be discharged for refusing to work under unsafe conditions. � 6.3 Such safety equipment as required b overnmental re ulation sha II!� Y S S , 11 be , provided without cost to the EMPLOYEE. At the EMPLOYER'S option, the EMPLOYEES may be required to sign for safety equipment and shall be ' obligated to return same upon discharge, layoff, quit or other termination '�, in comparable condition as when issued, providing reasonable wear and II tear. The EMPLOYER shall have the right to withhold the cost of such J safety equipment if not returned. 6.4 The EMPLOYER agrees to pay $10.00 toward the cost of each pair of safaty shoes purchased by an EMPLOYEE that is a member of this unit. The EMPLOYER shall contribute for the cost of two pair of shoes per year and shall not be responsible for any additional cost for any additional shoes thereafter. This reimbursement of $10.00 per pair of shoes shall be made only after investigation and approval by the immediate supervisor of that employee. This $10.00 per pair of shoes contribution to be made by the �LOYER shall apply to those employees who must wear protective shoes or boots for their employment. - 8 - I � ��-/od/ ARTICLE V I - DISCIPLINE PROCEDURES 7.1 The LOYER will discipline EMPLOYEES for just cause only. Discipline will ,be in the form of: la) Oral reprimand; ' ) Written reprimand; . ic) ' Suspension; d) Reduction; ) Discharge. 7.2 Susp sions, reductions and discharges will be in written form. 7.3 A no ce in writing of suspensions, reductions and discharges shall be sent o the EMPLOYEE and the UNION within seventy-two (72) hours after such ction is taken. 7.4 Discti rges will be preceded by a five (5) day preliminary suspension withq t pay. During said period, the EMPLOYEE and/or UNION may request, and s� all be entitled to a meeting with the EMPLOYER representative who i init3� ted the suspension with intent to discharge. During said five (S) d� y period, the EMPLOYER may affirm the suspension and discharge in accor� ance with Civil Service Rules or may modify, or withdraw same. 7.5 Griev; nce relating to this Article shall be processed in accordance with 'I xisting Civil Service procedures, except that oral and written repr' nds shall be taken up in the grievance procedure under Article X. 7.6 EMPLO EES who are unable to report for their normal work day have the respo' sibility to notify their supervisor of such absence as soon as possi le, but in no event later than one half hour before the beginning of sul' h work day. 7.7 Failu e to make such notification may be grounds for discipline. - 9 - ARTICLE VIII - HOURS, PREMIUM PAY 8.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute lunch period, except for employees assigned to the 4/40 � shift where the normal work day shall be ten (10) consecutive hours per day, excluding a thirty (30) minute lunch period. � The normal work week shall be five (5) consecutive normal work days in any seven (7) day period except for employees assigned to the 4/40 shift where the normal work week shall be four consecutive ten (10) hour work days in any seven (7) day period. (For employees on a shift basis this shall be construed to mean an average of forty hours a week) . 8.2 Except in cases of emergencies, the EMPLOYER shall notify the affected Union of an intention to change a shift at least 24 hours prior to the beginning of the new shift. 8.3 EMPLOYEES shall report to work location as assigned by a designated EMPLOYER supervisor. During the normal work day EMPLOYEES may be assigned to other work locations at the discretion of the EMPLOYER. 8.4 Call-in-Pay-- When an EMPLOYEE is called to work he shall receive two hours' pay if not put to work. If he is called to work and commences work, he shall be guaranteed four straight time hours' pay. These provisions, however, shall not be effective when work is unable to proceed because of adverse weather conditions. 8.5 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. An EMPLOYEE shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such overtime work. The basis on which such overtime shall be paid - 10 - � �-�o�/ ARTICLE VZ I - HOURS, PREMIUM PAY (continued) shalll be determined solely by the EMPLOYER. The time and one-half overtime rate hall be based on the total rate, including any premium pay, being - earne during the overtime hours worked. 8.6 A pre ium pay of fifty-cents (50�) per hour shall be paid for all swing stage work, such as work performed from a boatswain's chair or a swing scaff ld or hazardous work that requires the use of a safety belt fifty (50) eet or more above the ground. All standard safety laws shall be compl ed with. 8.7 The w rk break shall not exceed fifteen (15) minutes from the time the emplo' ee stops working until he resumes work, and shall be taken in close�,proximity of the employee's work station. - 11 - ARTICLE IX - INSURAI�CE 9.1 The EMPLOYER will continue for the period of this AGREEMENT to provide for employees such health and life insurance benefits as are provided by EMPLOYER at the time of execution of this AGREEMENT. 9.2 For each eligible employee covered by this Agreement who is employed full-time , and who selects employee insurance coverage, the Employer agrees to contribute the cost of such coverage or $70.00 per month, whichever is less. For each full-time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $180.00 per month, whichever is less. 9.3 For the purpose of this Article, full-time employment is defined as appearing on the payroll at least 32 hours per week or at least 64 hours per pay period excluding overtime hours. 9.4 For each eligible employee covered by this Agreement who is employed half-time who selects employee insurance coverage, the Employer agrees to contribute fifty percent (507) 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. An employee will be considered half-time only if such employee is assigned to a position which is regularly assigned half- time hours. 9.5 For each eligible employee the Employer agrees to contribute the cost of $5,000 of life insurance coverage. - 12 - _ . �� °°�� ARTICLE IXi�- INSURANCE (cont.) 9.6 The E OYER will for the period cf this AGREEMENT provide for full-time emplo ees who retire after the time of execution of this AGREEMENT and until . ! such � ployees reach sixty-five (65) years of age such health and life . insur� ce contributions as are provided by the EMPLOYER for active employees under 'this Agreement. 9.7 The E loyer will for the period of this Agreement provide for half-time employ� es who retire after the time of execution of this Agreement and until such e� ployees reach sixty-five (65) years of age fifty percent (S0�) of such healtt� insurance contributions and life insurance contributions as are provided I by the� Em�loyer for full-time employees who retire under this Agreement. 9.8 Not wi; hstanding Article 9.6, the Employer will for the period of this Agreeu} nt contribute for full-time employees who retire after December 31, 1986 and wt� select the Blue Cross Health insurance provided by the Employer and until uch retirees reach sixty-five (65) years of age, the cost of such retir� coverage or $106.32 per month whichever is less. For such retirees selec�' ng family coverage the Employer will contribute the cost of such family covera� e or $284.12 per month, whichever is less. For hai, f-time employees who retire after December 31, 1986 and who select the Blue q oss health insurance provided by the Employer and until such retirees reach , ixty-five (65) years of age, the Employer will contribute fifty percent (50�) jf such health insurance contributions as are provided by this Article 9.8 fd full-time employees who retire. 9.9 Emplo es who retire after execution of this Agreement must meet the following condit'ons at the time of retirement to be eligible for the City contributions to he th insurance set forth in Articles 9.6, 9.7 and 9.8. 9.91 receiving benefits from a public employee retiree act at the time of retirement. AND 9.92 ve severed his relationship with the City of St. Paul under one of the early retiree plans. -13- ARTICLE IX - INSURANCE (cont.) 9.10 Effective January 1, 1988, in addition to meeting the eligibility requirements stated in 9.91 and 9.92 above, retiring employees must also meet the following condition in order to be eligible for the early retiree insurance benefits set forth in Articles 9.6, 9.7 and 9.8. � 9.10. 1 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. 9.11 Effective January 1, 1988, full-time employees who retire and who meet the conditions set forth in 9.91 and 9.92 but who meet none of the conditions set forth in 9.10.1, 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� 90� 83 802 807 82 702 70� 81 60� 60� 80 50� 507 9.12 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. 9.13 The'contributions indicated in this Article 9 shall be paid to the Employer's Group Health and Welfare Plan. 9.14 Any cost of any premium for any City-offered employee or family insurance coverage in excess of the dollar amounts stated in this Article 9 shall be paid by the employee. 9.15 Any employee having ten or more years of service with the Employer who becomes ill or injured so as to be unable to continue working and has exhausted all his sick leave and vacation shall be eligible for City paid health and welfare benefits for a maximum of three years. 9.16 Notwithstanding the benefits granted in this article, the cost to the Employer for the insurance coverages in Articles 9.1 thru 9.15 shall be included in the computation of fringe benefit cost deductions indicated in Appendix A. -13A- . � � �-i��i ARTICLE X ' EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 10.1 The LOYER shall recognize stewards selected in accordance with UNION . rules and regulations as the grievance representative of the bargaining unit. The UrION shall notify the EMPLOYER in writing of the names of ' the s ewards and of their successors when so named. 10.2 It is recognized and accepted by the EMPLOYER and the UNION that the proce sing of grievances as hereinafter provided is limited by the job dutie and responsibilities of the EMPLOYEES and shall therefore be accom lished during working hours only when consistent with such EMPLOYEE dutie and responsibilities. The steward involved and a grieving EMPLO EE shall suffer no loss in pay when a grievance is processed durin working hours, provided the steward and the EMPLOYEE have notified and r eeived the approval of their supervisor to be absent to process a griev nce and that such absence would not be detrimental to the work progr 'ms of the EMPLOYER. 10.3 The p ocedure established by this Article shall be the sole and exclusive procel re, except for the appeal of disciplinary action as provided by Artic]l VII for the processing of grievances, which are defined as an alleg� violation of the terms and conditions of this AGREEMENT. 10.4 Griev� ces 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 - 14 - ARTICLE X - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) 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 with the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a designated II�LOYER supervisor shall meet with the UhION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the UNION within three (3) calendar days following this meeting, The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated EMPLOYER Supervisor shall meet with the UNION Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the EMPLOYER - 15-- � ��-/aa/ ARTICLE X EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) 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 to in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. Ste If the grievance remains unresolved, the UNION may within seven (7) calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be � conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) day period, either party may request the Public Employment Relation Board to submit a panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION shall strike the first (lst) name; the EMPLOYER shall then strike one (1) name. The process ' ' will be repeated and the remaining person shall be the arbitrator. 10.5 The Ari itrator shall have no right to amend, modify, nullify, ignore, add toj, or subtract from the provisions of this AGREEMENT. The arbitrator shalll onsider and decide only the specific issue submitted in writing by the� EMPLOYER and the UNION and shall have no authority to make a decisij n on any other issue not so submitted. The arbitrator shall be i I - 16 - I ARTICLE X - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) without power to make decisions contrary to or inconsistent with or modifying or varying in any way the applications 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 EMPLOYER, the UNION, and the EMPLOYEES. 10.6 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. 10.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. 10.8 It is understood by the UNION and the EMPLOYER 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. - 17 - � �- �o�r ARTICLE XI' - SENIORITY 11.1 Senio ity, for the purpose of this Agreement, shall be defined as -- follo s: A. ' City Seniority" - The length of continuous, regular and robationary service with the EMPLOYER from the last date of mployment in any and all class titles. B. ' Class Seniority" - The length of continuous, regular and robationary service with the EMPLOYER from the date an employee as first certified and appointed to a class title covered by this greement, it being further understood that class seniority is I onfined to the current class assignment held by an employee. 11.2 Senio ity shall terminate when an EMPLOYEE retires, resigns, or is disch�rged. 11.3 A. � the event it is determined by the EMPLOYER that it is necessary � reduce the work force, employees will be laid off by class q'tle within each division based on inverse length of "Class � niority". Recall from layoff shall be inverse order of layoff, e� cept that recall rights shall expire after two years of layoff. B. ' � cases where there are promotional series, such as Unskilled Ii borer, Crew Leader, etc. , when the number of employees in these l� gher titles is to be reduced, employees who have held lower � tles which are in this bargaining unit will be offered reductions t� the highest of these titles to which class seniority would keep em from being laid off, before layoffs are made by any class tle in any department. - 18 - ARTICLE XI - SENIORITY (continued) C. It is further understood that a laid off employee shall have the right to placement in any lower-paid class title in this bargaining _ unit, provided said employee has been previously certified and appointed in said lower-paid class title. In such cases, the employee shall first be placed on a reinstatement register and shall have "Class Seniority" based on the date originally certified and appointed to said class. Employees may also apply for positions in a lower class but may, nevertheless, return to original class as provided in paragraph (A) above. D. The provisions of Appendix C shall apply to the classification of Truck Driver. 11.4 To the extent possible, vacation periods shall be assigned on the basis of "Class Seniority", within each class, by division. It is, however, understood that vacation assignments shall be subject to the ability of the EMPLOYER to maintain operations. 11.5 Promotions shall be handled in accordance with current Civil Service Rules and practices. However, the Water Utility may promote and assign a member of a rotating emergency or night crew holding the secondary title of Water Service WorkerControl Desk to a temporary Water Service WorkerControl Desk vacancy on his assigned crew without reference to his seniority in that title. Regular permanent promotions will continue to be made in order of seniority in title. - 19 - . _ �oa� � � � ARTICLE XT{ - VACATIONS 12. 1 '� acation credits shall accumulate at the rates shown below for each full � our on the payroll, excluding overtime. ears of Service Hours of Vacation . st year thru Sth year .0385 (10 days) � th year thru 15th year .0577 (15 days) 6th year thru 25th year .0808 (21 days) 6th year and thereafter .0847 (22 days) � or Employees appointed prior to Januar 1 1967, y , years of service will e defined to mean the number of years since the date of eppointment. or ',Employees appointed on or after January 1, 1967, years of service hall be determined by the actual number of hours worked. 12.2 e head of the department may permit an employee to carry over eighty Q80) hours of vacation into the following "vacation year". 1� r the purpose of this article the "vacation year" shall be the fiscal y� ar (IRS payroll reporting year) . 12.3 T� e above provisions of vacation shall be sub'ect to the Sain � t Paul Salary P! an and Rates of Compensation, Section I (one) , Subsection H. 12.4 II an Employee has an accumulation of sick leave credits in excess of ' o e hundred and eighty days, he may convert any part of such excess a� the rate of two (2) days of sick leave for one (1) day of vacation ul' to a maximum of five (5) days of vacation. 12.5 T e maximum number of days' vacation allowed by the conversion of sick 1 ave credits shall be no more than five days on any one year so that t e maximum vacation time which may be taken in any one year shall be t irty-seven days including the regular vacation period. - 20 - ARTICLE XIII HOLIDAYS 13.1 The following twelve (12) days shall be designated as holidays: New Year's Day, January 1 Martin Luther King Day, Third Monday in January (effective 1986) ' Presidents' Day, Third Monday in February Memorial Day, last Monday in May Independence Day, July 4 - Labor Day, first Monday in September Columbus Day, second Monday in October Veteran's Day, November 11 Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 Two floating holidays Eligible EMPLOYEES shall receive pay for each of the holidays listed above, on which they perform no work. When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 13.2 The floating holidays set forth in Section 13.1 above may be taken at any time during the contract year, sub�ect to the approval of the Department Aead of any Employee. 13.3 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. 13.4 The ten (10) holidays shall be considered non-work days. - 21 - . - �j-��-/aa/ ARTICLE XI,' I - HOLIDAYS (continued) 13.5 If, the judgment of the EMPLOYER, personnel are necessary for opera ing or emergency reasons, enployees may be scheduled or "call d back" in accordance with Article 8.4 (Ca1linPay) . 13.6 If a employee entitled to a holiday is required to work on Martin Luthe' King Day (effective 1986) , President's Day, Christopher Columbus Day, r Veterans' Day, he shall be granted another day off with pay in li u thereof as soon thereafter as the convenience of the department permi s, or he shall be paid on a straight time basis for such hours worke , in addition to his regular holiday pay. If an employee entitled to a oliday is required to work on New Year's Day, Memorial Day, Indep ndence Day, Thanksgiving Day or Christmas Day, he shall be re- compe sed for work done on this day by being granted compensatory time on a ime and onehalf basis or by being paid on a time and onehalf basis for such hours worked, in addition to his regular holiday pay. Eligi ility for Holiday pay shall be determined in accordance with Secti n I, Subsection I of the St. Paul Salary Plan and Rate of Com- pensa ion. , I ' - 22 - ARTICLE XIV - JURY DUTY 14.1 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 CITY and be deposited with the City Finance Director. Any EMPLOYEE who is scheduled to work a shift, other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as he is required to appear in court as a juror or witness. - 23 - - - - ��-/o�/ ARTICLE X - SEVERANCE PAY 15.1 The employer shall provide a severance pay program as set forth � in this Article. 15.2 , o be eligible for the severance pay program, an employee must meet �, he, following requirements: 5.21 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" or the "rule , of 85" provisions of the Public Employees Retirement Association (PERA) . The "rule of 90" criteria shall also apply to employees covered by a public pension plan other than PERA. 5.22 The employee must be voluntarily separated from City employ- ment 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 I� reason are not eli ible g for the City severance pay program. 5.23 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- I quirement. 5.24 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. 1� .25 The employee must have accumulated a minimum of sixty (60) �, days of sick leave credits at the time of his separation - from service. 15.3 I� an employee requests severance pay and if the employee meets the e igibility requirements set forth above, he or she will be granted s verance pay in an amount equal to onehalf of the daily rate of p y for the position held by the employee on the date of separation f r each day of accrued sick leave subject to a maximum of $6,500. - 24 - � ARTICLE XV - SEVERANCE PAY (continued) 15.4 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee _ would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay will be made to the employee's estate or spouse. 15.5 For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 15.6 The manner of payment of such severance pay shall be made in accord- ance with the provisions of City Ordinance No. 11490. 15.7 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. 15.8 The provisions of this article shall be effective as of May 31, 1984. � 15.9 Any employee hired prior to May 31, 1984 may, in any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this article or the ordinance shall constitute a bar to receiving severance pay from the other. - 25 - . ��'°��°°z� , ARTICLE XVI - WAGES 16.1 The b sic hourly wage rates as established by Appendix A shall be paid ' for a� 1 hours worked by provisional, regular and probationary employees. ", 16.2 The b sic hourly wage rates as established by Appendix B shall be paid for a 1 hours worked by temporary or emergency employees. I - 26 - ARTICLE XVII - SAVINGS CLAUSE 17.1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of St. Paul. In the event any provision of • this AGREEMENT shall hold to be contrary to law by a court of competent jurisdiction from whose final �udgment or decree no appeal has been � taken within the time provided, such provision shall be voided. Al1 other provisions shall continue in full force and effect. - 27 - � , �-�lQ�/ ARTICLE XV' II - JURISDICTION 18.1 Dispu es concerning work jurisdiction between and among unions is • recog ized as an appropriate subject for determination by the various UNION representing EMPLOYEES of the EMPLOYER. 18.2 In th' event of a dispute concerning the performance or assignment of work,' the unions involved and the EMPLOYER shall meet as soon as mutually possi le to resolve the dispute. Nothing in the foregoing shall restrict the r ght of the EMPLOYER to accomplish the work as originally assigned pendi g resolution of the dispute or to restrict the EMPLOYER'S basic right �to assign work. 18.3 Any e loyee refusing to perform work assigned by the EMPLOYER shall be subje�t to disciplinary action as provided in Article VII (DISCIPLINARY PROCED RES) . 18.4 There 'I hall be no work stoppage, slow down, or any disruption of work resultj"ng from a work assignment. 18.5 The su -contracting of work done by the EMPLOYEES covered by this AGRE NT shall in all cases be made only to EMPLOYERS who qualify in . accordlnce with Ordinance No. 14013. � 'I - 28 - ARTICLE XIX - SICK LEAVE 19.1 Sick leave without pay may be granted in accordance with the provisions of Section 20H of the Civil Service Rules for a period up to but not to ' exceed three years. - 29 - � ��loa/ ARTICLE - MATERNITY LEAVE 20. 1 Matex� ity Leave. Maternity is defined as the physical state of pregnancy of ar� EMPLOYEE, commencing eight (8) months before the estimated date of chI ldbirth, 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 LOYEE may apply for leave without pay at any time during the perio stated above and the EMPLOYER may approve such leave at its optio , and such leave may be no longer than one (1) year. i i . � i � � - 30 - ARTICLE XXI - LEGAL SERVICES 21.1 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. - 31 - . � �,,�� -/oa/ � ARTICLE II - STRIKES, LOCKOUTS, WORK INTERFERENCE 22. 1 The NIDNS and the EMPLOI'ERS agree that there shall be no strikes, work stop ages, slow-downs, sitdown, stay-in, or other concerted interference with the EMPLOYER'S business or affairs by any of said UNIONS and/or the mbers thereof, and there shall be no bannering during the existance of t 's AGREEMENT wthout first using all possible means of peaceful sett ment of any controversy which may arise. !I ,� I� �� ' - 32 - ARTICLE XXIII - TERMS OF AGREEMENT 23.1 The EMPLOYER and the UNION acknowledge that during the meeting and negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this AGREEMENT. Any and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this AGREEMENT are hereby superseded. In those areas where Civil Service Rules are not inconsistent with this AGREEMENT, the Civil Service Rules shall continue to be in effect. 23.2 Except as herein provided this AGREEMENT shall be effective as of the date it is executed by the parties and shall continue in full force and effect thru April 30, 1989, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify this AGREEMENT shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971. - 33 - ' �G�/Oos'/ ARTICLE III TERMS OF AGREEMENT (continued) 23.3 Thisliconstitutes a tentative agreement between the parties which will I be r commended by the City Negotiator but is subject to the approval of the dministration of the City, the City Council and is also subject to rati ication by the UNIONS. WITNESSES' CITY OF S INT PAUL TRI-COUNCIL . � . , /� ; BY: La�or Re �s - B iness Rep esentati e, Local 120 � � BY �S � �TUYYL � DATE ,GG , r Rel tians / C> �/ � �,.� � J� DATE �, �".�C; /� ! / G' �-' BY: °��d�.d' G'. ��LL� Business Manager, Local 132 , , DAT � ^ BY: �..0. � !� Busi ss Representative, Local 132 � � DATE I _____�\ BY: � - - -� siness Representat ve, Local 49 DATE�t..+-�csr dZG�� l3 � — 34 — APPENDIX A � The hourly wage rates for provisional, regular and probationary employees working in the classes listed below are as shown: GROUP A Effective Effective Effective 4-26-86 4-25-87 5-07-88 Asphalt Raker 13.38 * * Asphalt Shoveler 13.03 * * Bridge Crew Leader 13.63 * * Bridge Laborer 13.03 * * Building Laborer 13.08 * * Ditch Digger 13.18 * * Grounds Crew Leader 13.10 * * Jackhammer Operator 13. 13 * * Kettle Fireman 13.03 * * Labor Crew Leader 13.53 * * Miner 13.61 * * Miner-Water Department 13.61 * * Mortar Mixer 13.08 * * Plasterer's Tender 15.27 * * Public Works Laborer 12.93 * * Sanitation Laborer 12.93 * * Schools Labor Crew Leader 13.78 * * Sewer Crew Leader 13.78 * * Sewer Laborer 13.18 * * Sewer Maintenance Laborer 13.18 * * Stores Laborer 12.93 * * Tamper 13.23 * * Tunnel Laborer 13.18 * * Unskilled Laborer 12.93 * * Vibrator Operator 13.03 * * Water Laborer 12.93 * * Water Serviceman I 13.08 * * Water Serviceman II (Connections) 13.38 * * Water Serviceman II (Mains) 13.38 * * Water Service Worker-Contrbl Desk 13.43 * * Eff. 4-26-86 Eff. 4-25-87 Eff. 5-07-88 After After After Start 6 mos Start 6 mos Start 6 mos Garden Laborer $11.89 $12.25 * * * * Gardener 12.14 12.50 * * * * Groundsworker 12.14 12.50 * * * * Playground Custodian 12.14 12.50 * * * * Watershed Laborer 12.59 12.93 * * * * School Grounds Maintenance Foreman 12.46 12.83 * * * * - A1 - � ��`��a� � APPEh'DIX ' (continued) *The Apri 25, 1987 and May 7, 1988 hourly wage rates for provisional, regular and � probation ry employees working in the classes of Unskilled Laborer and Plasterer's Tender sh 11 be the rates as shown below LESS the average cost of sick leave usage, holidays,� pensions and vacation for the calendar years of 1986 and 1987 respectively and less Ihe average cost of health and life insurance for the period May, 1986 thru April, 19 7 and May, 1987 thru April, 1988 respectively. Said average costs shall be based In all employees working in classes represented by Local 132. � Effective Effective 4-25-87 5-07-88 Unskilled aborer $16.65 $17.05 Plasterer" Tender $19.53 $20.03 The centsl er hour adjustment in the hourly rate for Unskilled Laborer which results frj m the above calculations shall be applied to the classes listed below on t e same dates as the Unskilled Laborer adjustments. Aspha' t Raker Mortar Mixer Aspha t Shoveler Public Works Laborer Bridg Crew Leader Sanitation Laborer Bridg Laborer School Grounds Maintenance Foreman Build ng Laborer Sewer Crew Leader DitchjDigger Sewer Laborer Garde Laborer Sewer Maintenance Laborer Garde' er Tamper Groun s Crew Leader Tunnel Laborer Groun sworker Vibrator Operator Jackh�mmer Operator Water Laborer Kettl Fireman Water Serviceman I Labor Crew Leader Water Serviceman II (Connections) Miner Water Serviceman II (Mains) Miner ater Department Watershed Laborer Schoo s Labor Crew Leader Water Service WorkerControl Desk � - A2 - APPENDIX A ( continued) GROUP B Effective Effective Effective 4-26-86 4-25-87 5-07-88 ` *Air Compressor Oper. 13.24 * * *Bituminous Curb � Machine Operator 13.24 * * *Mixer Engineer 13.24 * * *Roller Engineer (Under 6 tons) 13.24 * * *Tractor Oper. I 13.24 * * *The April 25, 1987 and May 7, 1988 hourly wage rates for provisional, regular and probationary employees working in the class of *Tractor Operator I shall be the rates as shown below LESS the average cost of sick leave, holidays, pensions and vacation for the years 198b and 1987 respectively and less the average cost of health and life insurance for the period May, 1986 thru April, 1987 and May, 1987 thru April, 1988 respectively. Said average costs shall be based on all employees working in classes represented by Local 49. Effective Effective 4-25-87 5-07-88 *Tractor Operator I $16.98 $17.23 The cents per hour ad,justment in the hourly rate for *Tractor Operator I which results �rom the above calculations shall be applied to the classes listed below on the same dates as the Tractor Operator I adjustments. *Air Compressor Operator *Bituminous Curb Machine Operator *Mixer Engineer *Roller Engineer (Under 6 tons) *This title abolished except as to present incumbents. - A3 - � � �—�a�/ ' APPENDIX Al (continued) GROUP C Effective Effective 4-26-86 4-25-87 Asphalt Baj cherman $15.35 * � Asphalt P1' nt Operator 15.35 * Backfiller' Operator 15.35 * Bituminousl Spreader Operator 15.35 * Heavy Equi . Oper. 15.35 * Heavy Equi . Oper.- Asphalt P ant 15.35 * Heavy Equi' . Oper.-Water Dept. 15.35 * Hoisting E gineer 15.35 * Jet Sewer leaner Operator 14.99 * Motor Equi . Operator 15.35 * Motor Equi . Operator- Water Dep rtment 15.35 * Motor Patr 1 Operator 15.35 * Paving Bre ker (Hydra Hammer Op rator) 15.35 * Power Clam Operator 15.35 * Power Shov 1 Operator 15.54 * Pulvimixer Operator 15.35 * Pumperete perator 15.43 * Revolving ower Equipment Operator 15.54 * Roller Eng neer (6 tons or over) I 15.35 * Snow-Go Op rator 15.35 * Sweeper Op rator 15.35 * Tractor Op rator II 15.35 * Tractor Op rator II (Backhoe) � 15.35 * *The April �l25, 1987 and May 7, 1988 hourly wage rates for provisional, regular and probational employees working in the class of Heavy Equipment Operator shall be the rate as shown below LESS the average cost of sick leave, holidays, pensions and vacation f� the calendar year of 1986 and 1987 respectively and less the average cost of hea� th and life insurance for the period May, 1986 thru April, 1987 and May, 1987 thru ril, 1988 respectively. Said average costs shall be based on all employees rking in classes represented by Local 49. Effective Effective 4-25-87 5-07-88 Heavy Equi ent Operator $19.77 $2p,27 The cents r hour adjustment in the hourly rate for Heavy Equipment Operator which resu s from the above calculation shall be applied to the classes listed below on t same dates as the Aeavy Equipment Operator adjustments. - A4 - APPEhDIX A (continued) ' Asphalt Batcherman Asphalt Plant Operator Backfiller Operator Bituminous Spreader Operator Hoisting Engineer Heavy Equipment Operator-Asphalt Plant Motor Equip. Oper.-Water Dept. Motor Equipment Operator Paving Breaker (Hydra Hammer Motor Patrol Operator • Operator) Power Clam Operator Pulvimixer Operator Power Shovel Operator Revolving Power Equip. Operator Pumperete Operator SnowGo Operator Roller Engineer (6 tons or over) Tractor Operator II Sweeper Operator Tractor Operator II (Backhoe) Jet Sewer Cleaner Operator GROUP D Effective Effective Effective . 4-26-86 4-25-87 5-07-88 Driver-Operator $12.81 * * *The April 25, 1987 and May 7, 1988 hourly wage rates for provisional, regular and probationary employees working in the class of Driver-Operator shall be the rate as shown below less the average cost of sick leave usage, holidays, pensions and vacation for the calendar year of 1986 and 1987 respectively and less the average cost of health and life insurance for the period May, 1986 thru April, 1987 and May, 1987 thru April, 1988 respectively. Said average costs shall be based on all employees working in classes represented by Local 120. Effective Effective 4-25-87 5-07-88 . Driver-Operator $16.65 $17.15 GROUP E Effective 4-26-86 Effective 4-25-87 Effective 5-07-88 After After After Start 6 mos Start � mos Start 6 mos Tree Trimmer I $12.14 $12.50 * * * * Tree Trimmer II 12.65 13.06 * * * * Forestry Crew Leader 13.64 -- * ___ * ___ - A5 - . � �°-�� APPENDIX A' (continued) The April 5, 1987 and May 7, 1988 hourly wage rates for provisional, regular and probationa y employees working in the class of Tree Trimmer II shall be the rate as shown belol less the average cost of sick leave usage, holidays, pensions and vacation f r the calendar year of 1986 and 1987 respectively and less the average cost of he lth and life insurance for the period May, 1986 thru April, 1987 and May, 1987 thru pril, 1988. Said average costs shall be based on all employees working in the cla ses of Tree Trimmer II Effective Effective 4-25-87 5-07-88 Tree rimmer II $16.81 $17.21 The cents er hour ad�ustment in the hourly rate for Tree Trimmer II which results from the a ove calculations shall be also applied to the class of Forestry Crew Leader. The April 5, 1987 and May 7, 1988 hourly wage rates for provisional, regular and probationa employees working in the class of Tree Trimmer I shall be the April 25, 1987 and 7', 1988 respective hourly wage rates applicable to the class of Groundswor r. For the pu� ose of this Appendix A, the term pension shall not include Social Security. I � I � - A6 - APPENDIX A (continued) Effective upon the effective date of this contract the following premium pay provisions shall apply: A. Driver Operators assigned to drive tandem trucks shall receive 20C per hour above the base rate of Driver Operator for each hour or any . part thereof worked in such an assignment. B. Any employee in this bargaining unit assigned to operate a Chipping Hammer shall receive 20C per hour above their regular base rate for each hour or any part thereof worked in such an assignment. C. Any employee in this bargaining unit assigned to operate a Chain Saw, except employees working under the titles of Tree Trimmer I or Tree Trimmer II, shall receive 20� per hour above their regular base rate for each hour or any part thereof worked in such an assignment. D. Any employee in this bargaining unit assigned to perform the duties of a Tender for a Bricklayer or Blocklayer shall receive 15C per hour above their regular base rate for each hour or any part thereof worked in such an assignment. E. Any Groundsman or Water Shed Laborer assigned to operate a Chipping Machine shall receive 25C per hour above their regular base rate for each hour or any part thereof worked in such an assignment. F. Any employee in this bargaining unit required to work eight (8) feet or lower beneath ground shall receive 25C per hour above their regular base rate for each hour or any part thereof worked in such an assignment. This provision shall not apply to employees working under the titles of Ditch Digger, Water Serviceman II (Connections) or Water Serviceman II (Mains) . - A7 - ' � �0 ` �d�� APPENDIX I (continued) i G. Any mployee in this bargaining unit other than employees holding regu ar appointments to the class of Jackhammer Operator, assigned to o 'erate a Jackhammer, shall receive 20C per hour above their _ regular base rate for each hour or any part thereof worked in such an a signment. H. Any ployee in this bargaining unit, other than an employee who hold� a regular appointment in the class of Mortar Mixer, assigned to o� rate a Mortar Mixer, shall receive 15� per hour above their regu r base rate for each hour or any part thereof worked in such an a ignment. I. Any ee Trimmer II in this bargaining unit assigned to operate the lar Tree Spade shall receive 50� per hour above their regular base � ate or any part thereof worked in such an assignment. J. Any T� ee Trimmer II in this bargaining unit assigned to operate the � Stemp� Chipper shall receive SOC per hour above their regular base rate r any part thereof worked in such an assignment. K. Any ee Trimmer II regularly assigned to the crew performing tree trimm� ng duties in assisting Northern States Power Company shall recei e 40C per hour above their regular base rate or any part there f worked in such an assignment. L. Any r gularly appointed Driver-Operator assigned to operate any of the equip ent covered by the class titles listed below shall receive $ .43 per h ur above their regular base rate for each hour actually worked in su h an assignment. Air Compressor Operator *Bituminous Curb Machine Operator Miixer Engineer *Roller Engineer (under 6 tons) Tractor Operator I - A8 - APPENDIX B 1. The hourly rates for temporary and emergency employees working in the classes listed below are as shown: Effective Effective Effective 4-26-86 4-25-87 5-07-88 Asphalt Raker $13.60* $13.85* $14. 15* Asphalt Shoveler 13.60* 13.85* 14. 15* � Bridge Crew Leader 14.05* 14.30* 14.60* Bridge Laborer 13.55* 13.80* 14.10* Building Laborer 13.60* 13.85* 14. 15* Ditch Digger 13.80* 14.05* 14.35* Jackhammer Operator 13.65* 13.90* 14.20* Kettle Fireman 13.45* 13.70* 14.00* Labor Crew Leader 14.04* 14.29* 14.59* Miner 14.15* 14.40* 14.70* Miner-Water Department 14. 15* 14.40* 14.70* Mortar Mixer 13.60* 13.85* 14.15* Public Works Laborer 13.45* 13.70* 14.00* Sanitation Laborer 13.45* 13.70* 14.00* Schools Labor Crew Leader 14.40* 14.65* 14.95* Sewer Crew Leader 14.40* 14.65* 14.95* Sewer Laborer 13.80* 14.05* 14.35* Sewer Maintenance Laborer 13.80* 14.05* 14.35* Stores Laborer 13.45* 13.70* 14.00* Tamper 13.65* 13.90* 14.20* Tunnel Laborer 13.80* 14.05* 14.35* Unskilled Laborer 13.45* 13.70* 14.00* Vibrator Operator 13.65* 13.90* 14.20* Water Laborer 13.45* 13.70* 14.00* Water Serviceman I 13.55* 13.80* 14.10* Water Serviceman II (Connections) 13.90* 14.15* 14.45* Water Serviceman II (Mains) 13.90* 14.15* 14.45* For temporary and emergency employees working in the titles listed in (1.) above the following fringe benefit contributions shall be made to the Minnesota Laborers' Fringe Benefit Fund. Effective Effective Effective 4-26-86 4-25-87 5-07-88 Health and Welfare $1.30 $1.35 $1.40 Pension 1.50 1.60 1.65 Vacation .45** .50** .55** *This rate includes the taxable vacation contribution. **This contribution is taxable. - B1 - , �� C� � �Qa� � APPENDIX (continued) I 2. The ho� ly wage rates for temporary and emergency employees working the the class listedl elow are as shown: Effective Effective Effective ! 4-26-86 4-25-87 5-07-88 Plasterer'� Tender $16.23* $16.58* $16.98* _ For tempo� ry and emergency employees working in the title of Plasterer's Tender • the follo ng Fringe Benefit contributions shall be made to the Minnesota Laborers Fringe Benifit Fund. Effective Effective Effective 4-26-86 4-25-87 5-07-88 Health andllWelfare $1.30 $1.35 1.40 $ Pension 1.50 1.60 1.65 Vacation .45** .50** .55** *This ratelincludes the taxable vacation contribution **This con ribution is taxable. 3. The hou ly rates for temporary and emergency employees working in the classes listed elow are as shown: Effective Effective Effective 4-26-86 4-25-87 5-07-88 Air Compre sor Operator $13.83 $13.98 $14.13 Asphalt Ba cherman 16.37 16.77 17.17 Asphalt Pl nt Operator 16.37 16.77 17.17 Backfillerl0perator 16.37 16.77 17.17 Bituminous Curb Machine Operator 13.83 13.98 14.13 Bituminous Spreader Operator 16.37 16.77 17.17 Heavy Equi . Oper.-Asphalt Plant 16.37 16.77 17. 17 Heavy Equi . Oper.-Water Dept. 16.37 16.77 17.17 Hoisting E ineer 16.37 16.77 17. 17 Jet Sewer eaner Operator 16.01 16.41 16.81 Mixer Engi er 13.83 13.98 14.13 Motor Equi ent Operator 16.37 16.77 17.17 Motor Equi ent Oper.-Water Dept. 16.37 16.77 17.17 Motor Patr Operator 16.37 16.77 17.17 Paving Bre er (Hydra Hammer Oper.) 16.37 16.77 17. 17 Power Cla`m j perator 16.37 16.77 17.17 Power Shovej Operator 16.67 17.07 17.47 Pulvimixer perator 16.37 16.77 17.17 Pumperete 0 erator 16.49 16.89 17.29 Roller Engi eer (Under 6 tons) 13.83 13.98 14.13 Roller Engi eer (6 tons or over) 16.37 16.77 17. 17 Sno-Go Oper tor 16.37 16.77 17. 17 Sweeper Ope ator 16.37 16.77 17. 17 Tractor Ope ator I 13.83 13.98 14.13 Tractor Ope ator II 16.37 16.77 17. 17 Tractor Ope ator II (Backhoe) 16.37 16.77 17.17 For tempora y and emergency employees working in the titles listed in (3.) above the followi g fringe benefits shall be made to Funds designated by IUOE, Local 49. Effective Effective Effective 4-26-86 4-25-87 5-07-88 Health and elfare $1.95 $1.95 $1.95 Pension .90 - 1.00 1.10 Apprentice rafning .05 .OS .50 - B2 - APPENDIX B (continued) 4. The hourly wage rates for temporary and emergency employees working in the classes listed below are as shown: � Effective Effective Effective 4-26-86 4-25-87 5-07-88 : Driver-Operator $16.20** $16.65** $17.15** Driver-Operator assigned to drive a tandem truck shall receive 20� per hour above the base rate for Driver-Operator for each hour worked in such assignment. Any temporary or emergency Driver-Operator assigned to operate any of the equipment covered by the class titles listed below shall receive $0.18 per hour above the normal base rate for each hour actually worked in such an assignment. *Air Compressor Operator *Bituminous Curb Machine Operator *Mixer Engineer *Roller Engineer (under 6 tons) *Tractor Operator I 5. The hourly wage rates for temporary and emergency employees working in classes listed below shall be the same as the wage rates applicable to provisional, regular and probationary employees working in said classes as shown in Appendix A. Garden Laborer Gardener Groundsworker Playground Custodian Resident Groundsman School Grounds Maintenance Foreman Watgr Shed Laborer Water Service Worker-Control Desk For temporary and emergency employees working in the titles listed in (5.) above the following fringe benefit contributions shall be made to the Minnesota Laborers' Fringe Benefit Fund. Effective Effective Effective 4-26-86 4-25-87 5-07-88 Health and Welfare $1.30 $1.35 $1.40 Pension 1.50 1.60 1.65 Vacation .45* .50* 55* *This contribution is taxable. **This includes $2.55 payment in lieu of fringes. �,c �-/aa/ APPENDIX Bj(continued) 6. The hour', y wage rates for temporary and emergency employees working in classes listed bj low shall be the same as the wage rates applicable to provisional, regular I nd probationary employees working in said classes as shown in Appendix A. Forestl y Crew Leader . Tree T!, immer I ` Tree TI immer II For tempora y and emergency employees working in the titles listed in (6.) above the followi g fringe benefits shall be made to funds designated by IUOE, Local 49. Effective Effective Effective 4-26-86 4-25-87 5-07-88 Health and elfare $1.95 $1.95 $1.95 Pension .90 1.00 1. 10 Apprentice raining .OS .05 .OS 7. Regular mployees who are laid off and then called back in to work on a temporary or emerg ncy basis shall receive the regular rate of pay as shown in Appendix A for such'; titles worked and shall continue to earn and accrue City benefits for such hou s worked. - B4 - I APPENDIX C The following are special provisions for Driver Operator seniority: All Driver Operator hired subsequent to July 1, 1970, except the six who were hired with the promotion rights from the April 7, 1975 eligible list by Departments others than Public Works, will be laid off at the end of . December 1, 1978. � Subsequent to December 1, 1978, the Public Works Department shall hire from the layoff list all Driver Operators who will be needed throughout the City for the remainder of the year. Subsequent to December 1, 1978, all reinstatements and new appointments will be made to the Public Works Department. Department or division promotion rules shall not apply to the classification of Driver-Operator. Any Driver Operator taking an examination on a promotional basis for any other title shall be considered a promotional candidate in the department in which he is working on the date of the examination regardless of the fact that such employee appears as Driver Operator on the Public Works Department payroll. In the event that such employee is transferred to another department after the date of the examination, such employee shall be considered a promotional candidate in the department to which he/she is transferred. No change in assignment shall be made prior to the date of the examination for the purpose of changing the department in which the employee qualifies as a promotional candidate under this article. Employees appointed from the promotion list of the March 3, 1978, Truck Driver examination shall have Driver Operator seniority in the same order as the order in which their names appear on the promotional eligible list from which they were appointed. This does not apply to employees appointed from this list to the Board of Education. - C1 - . . _ �� -i� � CITY OF SAINT PAUL ��`�'-�� , � ' ',;;;;L� � �I OFFICE OF TH� CITY COU�7CZL Committee �eport �`' a�ce, I�ana�ement, & P�rsonnel Committee. • i JULY 17, 1986 ; 1. Approva of minutes from meetiag held July 10, 1986. apgroved 2. Discuss n I,of Citywide Information Services operating PR1ME supermini computers in two cations: Police Anneg and Public Safety Building. discussed 3. Resolut on amending the 1986 budget by adding $168,843 to the Spending Plan � for Cit Property Management Fund - Hill Street Warehouse (laid over from 7/10) . a roved . . 4. An ordi ance establishing the title of Legal Assistant III in the Office of the Cit Attorney in the Unclassified Service. approved 5. Resolut on approving the Memorandum of Agreement which amends the 1985-86 Collect ve Bargaining Agreement between the City and the Pipefitters, Local 455. ' a roved - 5: Resolut on amending the Salary Plan�`-and Rates of Compensation Resolution in - Grade 2 , Section V, and establishing the title of Legal Assistant III and establi hing the rate of pay in the unclassified position. approved 7. Resolut on approving Memorandua of Agreement amending the 1985-�987 agreement between the City of Saint Paul and International Brotherhood of Electrical Workers Local 110. approved ' 8. Re�tr�t o��tp�oving, 1986-1988 Labor Agreement bet�een the City of Sa�iat Pa�l and� the �r�-Cou�cil Ba,acgaining IInit represented b�:Loeala 49, 120 and 1326 a 9. Resolutlon amending the 1986 budget by adding $10,000 to the Financing Plan and to , he Spending Plan for S�ecial Projects/Generai Government. approved ;� 10. Resolut on amending the 1986 budget by adding $76,475 to the Financing Plan and to he Spending Plan for Dislocated Workers - Consolidated Project. a r ed 11. Resolut on amending the 1986 budget by transferring $885 from General Govern nt Accounts - Finance Department to. Community Services - Parks and Recreat on. approved 12. Resolu on amending the Capital Improvement Budget by transferring $95,000 from a ivities as listed to Broadway - Sixth Sewer. approved . 13. Resolu on amending the 1986 Capital Improvement Budget by transferring $70,62 .47 from Contingency to Chestnut - Shepard Road Interchange. approved CTTY HALL SEVENTH FLOOR SAINT PAUL,DdINNESOTA 55102 °�,+a