99-853Councii File # ��
�3R�Gt�tA�.
Presented
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Green Sheet #_08902_
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Referred To Committee Date
1
7
RESOLVED, that the Council ofthe City of Saint Paul hereby approves and ratifies the attached 1999
Collective Bargaining Agreement between the City of Saint Paul and AFSCME Loca13757-Legal.
P. � � r
ATTACfIMENT TO TI� GREEN SHEET
AFSCME LOCAL 3757 - LEGAL
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Below is a sumuiary of the changes in the collective bazgaining agreement between the City of
Saint Paul and the AFSCME Local 3757 - Legal. The new contract is for the period of January
1, 1999 tluough December 31, 1999.
Wages:
1999: 2.5% (Split: 2.0% effective Ol/02/99, 0.5% effective 07/03/99)
The merit pay system and associated money was suspended for 1999. This money plus
additional funds were put into equity adjustrnents far 17 employees with State Baz Dates
between 1986 and 1995 and a lump sum payment to two employees with a State Bar Date
of 1996. The purpose of this action was to address mutually identified pay disparities for
lower and middle level attorneys as compared to outside rates. A classification and
compensation study by Human Resources is curcently being done t� ensure all attorney
positions receive equitable compensafion.
Health Insurance:
1999: Single
Family
Severance:
$289.83 per month
$312.47 per month
Payments were increased as follows:
Years of Service with the City
At Least 20
21
22
23
24
25
Retroactivity:
Mar.imum Severance Pay
from $4,000
4,600
5,200
5,800
6,400
7,000
to
to
to
to
to
to
$5,000
$6,000
$7,000
$8,000
$9,000
$10,000
Wages and benefits are retroactive to O1/Ol/99 for those employees in the bargaining unit at the
time of signing.
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Language Changes:
Several language changes were made in this agreement. The following is a summary.
LMC: An experimental Labor Management Committee was formed.
Job Filling Nofices: The City Attorney agreed to notify employees of a vacancy which
the CiTy Attorney intends to fill and to permit employees to express interest in the
vacancy.
Flex-time: Creation of an experimental flex-time and compensatory time system.
Leaves: Added language covering use of sick leaue to caze for a sick child, grant leave to
attend school conferences or classroom activities related to employee's child and added
Family Medical Leave Act language. (Required for compliance with statutory law.)
Temps: Recognition that temporary employees are included within the bazganung unit
and eligible for holiday pay after 67 consecutive work days.
Other changes to the language aze basically of a housekeeping nahue for clarification and clean
up.
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DEPARTMENT/OFFICF✓COi]NCIL: DATE INIT7ATED GREEN 5HEET No.• 08902 � {����
LABOR RELATIONS 08/23/99 '
CONTACf PERSON & PHONE: p �N�TIAL/DATE INITIAL/DATE
NLIE KRAUS 266-6488 � � nEP,�xrn�T D�. TH &1=�/4i 4 CITYCOUNCIL
NUMBER Z CITY ATrORNEY�I CITY CLERK
BUDGEf DIR FIN. & MGT. SERVICE DIR.
�1USf BE ON COUNCIL AGENDA BY (DATE) RDU.i.iNG 3 MAYOR (OR ASST.) .
ORDER
TOTAL # OF SIGNATURE PAGES_1 (CLIP ALL LOCATIONS FOR SIGNATURE)
ncrio� xEQUESZ�n: This resolu6on approves the attached 1999 Collective Bazgainuig Agreement between the City of
Saint Paul and AFSCME Loca13757-Legal.
RECOT�IIv1ENDAITONS: Approve (A) or Reject (A) PERSONAL SERVICE CONTRACI'S MUST ANSWER'I'HE FOLLOWING
QUESTiONS:
PLANNING COMMISSION CI VIL SERVICE WMbIISSION 1. Has this person/firm ever worked under a contract for [his department?
CIB COMbIlTTEE Yes No
STAFF � 2. Has chis person/finn ever been a city employee?
DISTRICT COURT Y� �o
Si3PPORTS WHICA COU23CIL OBSECTIYE? 3. Does this persodfinn possess a skdl noi noc[nally possessed by any cuaent city employee?
Yes No
Explain all yes answers on separate sheet and attach to grcen sheet
INITIATING PROBLEM, ISSUE, OPPORTlJNI1'Y (Who, What� When, Where, W6y):
ADVANTACESIFAPPROVED:
DISADVANTAGES IF APPROVED:
DISADVANTAGES IF NOT APPROVED:
TOTAL AMOIJN"I' OF TRANSACTION: COST/REVENUE BODGETED:
FUNDING SOURCE: ACTIVI'I'Y NUMBER:
FINANCIAL INFORMATION: (EXPLAl1V)
A
SEP 0 1 1999
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INDEX
ARTICLE TITLE PAGE
Preamble ................................................. ii
1 Recognition ................................................1
2 Severance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
3 ManagementRights ..........................................4
4 Residence ..................................................5
5 Check Offand Service Fee ....................................5
6 Matemity/Pazental Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b
7 Discipline ................................................. 6
8 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Grievance Procedure ........................................ 7
10 Wages/MeritPay ............................................9
11 Saving Clause ..............................................11
� 12 Insurance .................................................12
13 Vacation ..................................................16
14 Holidays ..................................................16
15 LeavesofAbsence ..........................................i�
16 Non-Discrimination .........................................18
17 LegalServices .............................................19
18 Seniority ..................................................19
19 City Mileage ...............................................20
20 Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Appendix .............................................. Al
Appendix .............................................. B1
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PREAMBLE
This Agreement entered into between the City of Saint Paul, hereinafter referred to as
either the "Employer" or the "City," and the A.F.S.C.M.E. Loca13757-Legal hereinafter refened
to as the Union, for the purpose of fostering and promoting hazmonious relations between the
City and the Union in order that a high level of public service can be provided to the citizens of
the City.
This Agreement attempts to accomplish this purpose by providing a fuller and more
complete understanding on the part of both the City and the Union of their respective rights and
• responsibilities.
The provisions of this Agreement shali not abrogate the rights and/or duties of the
Employer, the Union, or the employees as established under the provisions of the Public
Employee Labor Relations Act of 1984, as amended.
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ARTICLE 1 - RECOGNITION
11 The City recognizes the Union as the exclusive representarive for AFSCME Local
3757-Legal, as certified by the State of Minnesota Bureau of Mediation Services, dated
July 29, 1998, Case No. 77 PCL-48. This unit above consists of the following:
Attorney I
Attomey II
Attomey III
Attorney IV
Attomey V
Attomey VI
Attomey VII
Attorney VIII
1.2 Employees employed in the above class titles and assigned to confidential and/or
supervisory positions aze not included in this Agreement.
1.3 It is recognized that temporary employees aze within the unit covered by this Agreement
if they work for more than 67 days per calendaz year or are anticipated upon hire to be
employed greater than 67 days, and meet the hours requirements of Minnesota Statutes
179A.03, subd. 14. A temporary employee, for purposes of this contract, is a person
employed to fill a position of a specific limited duration, not to exceed one yeaz.
Temporary employees shall not be eligible for vacation accrual, holiday pay, sick leave
accrual, health or other insurance premium contributions by the Employer, except as aze
specifically provided for elsewhere in this Agreement.
ARTICLE 2 - SEVERANCE PAY
2.1
2.2
The Employer shail provide a severance pay program as set forth in this Article.
To be eligible for the severance pay program, an employee must meet the following
requirements:
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2.2(1) The employee must be 58 years of age or oider or must be eligible for pension
under the "rule of 90" provisions of the Public Employees Retirement Association
(PERA). The "rule of 85" or the "rule of 90" criteria shall also apply to empioyees
covered by a public pension plan other than PERA.
2.2(2) The empioyee must be voluntarily sepazated from City employment or have been
subject to separation by layoff or compulsory rerirement. Those employees who
aze dischazged for cause, misconduct, inefficiency, incompetency, or any other
discipiinary reason aze not eligible for the City severance pay program.
2.2(3) 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, employment in either the City or in the Independent School
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ARTICLE 2 - SEVERANCE PAY (Continued)
District No. 625 may be used in meeting this ten (I O) yeaz service requirement.
2.2(4) The employee must file a waiver of reemployment with the Director of Human •
Resources, which will cleazly indicate that by requesting severance pay, the
employee waives all claims to reinstatement or reemptoyment (of any type}, with
the Ciry or with Independent School District No. 625.
2.2(5) The employee must have accumulated a minimum of siaity (60) days of sick leave
credits at the time of his separation from service.
2.3 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 posirion held by the employee on the date of
sepazation for each day of accrued sick leave subject to a maximum of $6,500.
2.4 The provisions of this Article 2 shall apply only to employees retiring on or after
December 30, 1985.
2.5 For the purpose of this severance program, a death of an employee shall be considered as
separation of employment, and if the employee would have met all of the requirements set
forth above, at the time of his or her death, payment of the severance pay will be made to
the employee's estate or spouse.
2.6 For the purpose of this severance program, a transfer from the City of Saint Paul �
employment to Independent School District No. 625 employment is not considered a
separation of empioyment, and such transferee shall not be eligib]e for the City severance
program.
2.7 The manner of payment of such severance pay shall be made in accordance with the
provisions of City Ordinance No. 11490.
2.8 T1us severance pay program shall be subject to and govemed 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.
2.9 The provisions of this article shall be effective as of December 24, 1983.
2.10 Any employee hired prior to December 31, 1983 may, in any event, and upon meeting the
qualifications of this article or City Ordinaace 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
baz to receiving severance pay from the other. Any employee hired after December 31,
1983 shall only be entitled to the benefits of this article upon meeting the qualifications
herein.
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ARTICLE 2 - SEVERANCE PAY (Continued)
� 2.11 For employees hired by the City of Saint Paul and appointed to ritles covered by this
Agreement on or after October 29, 1988, the Employer shall provide only the severance
• pay program as set forth in 2.12 through 2.17.
2.12 To be eligible for the severance pay program, an employee must meet the following
requirements:
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2.12(1) The employee must be voluntarily separated from City employment or have
been subject to sepazation by layoff or compulsory retirement. Those
employees who aze discharged for cause, misconduct, inefficiency,
incompetency, or any other disciplinary reason aze not eligible for the Ciry
severance pay program.
2.12(2) The employee must file a waiver of reemployment with the Human
Resources Director, which will cleazly 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.
2.12(3) The employee must have an accumulated balance of at least eighty (80)
days of sick leave credits at the time of his separation from service.
2.13 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-haif 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 masimum as shown below based
on the number of years of service in the City.
Yeazs of Service with the City
At Least 20
21
22
23
24
25
Maximuxn Severance Pay
$5,000
$6,000
$7,000
$8,000
$9,000
$10,000
2.14 For the purpose of this severance program, a death of an employee shall be considered as
sepazation 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 shall be made to
the employee's estate or spouse.
2. ] 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
sepazation of employment, and such transferee shall not be eligibie for the City severance
program.
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ARTICLE 2 - SEVERANCE PAY (Continued)
2.16 The manner of payment of such severance pay shall be made in accordance with the
provisions of City Ordinance No. 11490. •
2.17 This severance pay program shall be subject to and govemed 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.
2.18 Notwithstanding Article 2.11, employees appointed to a 6tle covered by this Agreement
prior to October 29, 1988, who meet the qualifications as defined in Aiticles 2.12 through
2.13, may etect to draw severance pay under the provisions set forth in Artictes 2.13
through 2.17. However, an election by an employee to draw severance pay under Articies
2.13 through 2.17 shall constitute a bar to drawing severance pay under any other
provisions set forth in this Article 2.
ARTICLE 3 - MANAGEMENT RIGHTS
31 The Union recognizes the right of the Empioyer to operate and manage its affairs in aIi
respects in accordance with appIicable Iaws and regvlations of appropriate authorities.
The rights and authority which the Employer has not o�cially abridged, delegated, or
modified by this Agreement aze retained by the Employer.
3.2 A public employer is not required to meet and negotiate on matters of inherent managerial •
policy, which include, but aze not limited to, such azeas of discretion or policy as the
functions and programs of the Employer, its averall budget, utilization of technology, and
organizational structure and selection and direction and number of personnel.
33 The City Attorney or his/her designee, agrees to provide a generat nofification by e-mail
or other means of a vacancy which the City Attorney intends to fill, and to permit
employees ta express interest in the vacancy. Employees expressing an interest in a
vacancy wili be given consideration for the position. The final decision on appointment is the
Ciry Attomey's, and may not be grieved or azbitrated.
3.4 Employees may request in writing that the City Attomey consider a job-sharing
arrangement. The City Attomey shall be free to deny or approve such proposed
azrangements at his/her sole discretion. If approved, both job-sharing employees must
agree to the arraztgement for its implementation. If so approved and agreed to, vacation,
holiday, and sick leave benefits for the position shatl be prorated based upon the hours
each employee is assigned, but in no case may any employee work less than 50 percent
time. Health insurance benefits shall be administered in accordance with Article 12. In the
event that one of the employees is terminated or terminates employment, the Employer
may with 10 calendaz days notice, increase the remaining employee's work hours. Should
the City Attorney determine that the azrangement does not meet work
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ARTICLE 3 - MANAGEMENT RIGHTS (continued) �Ja,��j,3
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' needs of the office, he/she may return both employees to full-time with 30 calendaz days _
• notice. No aspect of these arrangemenu, including the approval or denial, is subject to
either the grievance or azbitration procedure.
ARTICLE 4 - RESIDENCE
4.1 Employees covered by this Agreement shall have no residency requirements or
restrictions.
ARTICLE 5- CHECK OFF AND SERVICE FEE
5.1 The Employer agrees to deduct the Union membership initiation fee assessments and once
each month dues from the pay of those employees who individually request in writing that
such deductions be made. The amounts to be deducted shall be certified to the Employer
by a representative of the Union and the aggregate deductions of all employees shall be
remitted together with an itemized statement to the representative by the first of the
succeeding month af[er such deductions are made or as soon thereafter as is possible.
5.2 Any present or future employee who is not an Union member shall be required to
contribute a fair share fee for services rendered by the Union. Upon notification by the
. Union, the Employer shall check off said fee from the eamings of the employee and
transmit the same to the Union. In no instance shall the required contribution exceed a
pro rata shaze of the specific expenses incurred for services rendered by the representative
in relationship to negotiations and administration of grievance procedures. It is also
understood that in the event the City shal] make an improper fair shaze deduction from the
earnings of an employee, the Union shall be obligated to make the City whole to the extent
that the City shall be required to reimburse such employee for any amount improperly
withheld. This provision shall remain operative oniy so long as specificatly provided by
Minnesota law, and as otherwise legal.
5.3 The Union aa ees to indemnify and hold the Employer hatmless against any and all claims,
suits, order or judgments brought or issued against the City as a result of any action taken
or not taken by the City under the provisions of this Article.
5.4 The Union agrees that a service fee of one dollaz ($1.00) per member, per month shall be
deducted by the City of Saint Paul from the amount withheid for dues or fair shate prior to
remittance of dues or fair share to the Union.
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ARTICLE 6 - MATERNITY/PARENTAL LEAVE
6.1 MatemitylPazental leave. Maternity is defined as the physical state of pregnancy on an
employee, commencing eight (8) months before the estimated date of childbirth, as •
determined by a physician, and ending sut (6) months after the date of such birth. In the
event of an empioyee's pregnancy, the employee may apply for leave without pay at any
time during the period stated above and the Emptoyer may approve such leave at its
option, and such leave may be no longer than one (1) yeaz.
Pregnant employees of the City of Saint Paul shall be eligible for the use of paid sick leave
and unpaid leave of absence in the same manner as any other disabled or ill City employee.
Such paid sick leave eligibility shall begin upon certification by the employee's attending
physician that the employee is disabled in terms of her ability to perform the duties of her
position.
6.2 A twelve (l2) month Parental leave of absence without pay shall be granted to a natural
pazent or an adoptive parent, who requests such leave in conjunction with the birth or
adoption of a child. Such leave may be eactended an additional twelve (12) months by
mutual agreement between the employee and the Employer. Refusal on the part of the
Employer to grant an extension of such leave shall not be subject to the provisions of
Article 9 of this Agreement. Employees who retum following such leaves of absence shall
be placed in a position of equivalent salary and tenure as the one held just prior to the
beginning of their leave.
ARTICLE 7 - DISCIPLINE
7.1 The Employer may discipline employees in any ofthe forms listed beiow:
7.1(1) Oral reprimand;
7.1(2) Written reprimand;
7.1(3) Suspension;
7.1(4) Demotion;
7.1(5) Discharge
The Employer will discipline for just cause only.
7.2 Discharges will be preceded by a five (5) working day preliminary suspensiott without pay.
During said period the employee and/or Union may request, and shall be entiUed to a
meeting with the Employer representative who initiated the suspension with intent to
discharge. Duting the five (5) day period, the Employer may affirm the suspension and
dischazge in accordance with Civil Service Rules or may modify, or withdraw same.
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ARTICLE 8- STRIKES, LOCKOUTS, WORK INTERFERENCE
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8.1 The Union and the Employer agree that there shall be no strikes, work stoppages, _
slow-downs, sitdown, stay-in, or other concerted interference with the Employer's
business or affairs by said Union and/or members thereof, and there shall be no bannering
during the existence of this Agreement without first using all possible means of peaceful
settlement of any controversy which may arise. Employees engaging in same shall be
liable for disciplinary action.
8.2 No lockout, or refusal to aliow employees to perform available work, shall be instituted by
the Employer and/or its appointing authorities duting the life of this Agreement.
ARTICLE 9 - GRIEVANCE PROCEDURE
9.1 A grievance is defined as a dispute or disagreement as to the interpretation or application
of the specific terms and conditions of this Agreement. The procedure established by this
Article shall be the sole and exclusive procedure for the processing of grievances.
However, this Article does not abridge grievance rights possessed by eligible veterans
under applicable veterans' rights statutes.
9.2 The Employer will recognize representatives designated by the Union as the grievance
representatives of the bazgaining unit having the duties and responsibilities established by
this Article. The Union shall notify the Employer in writing of the names of such Union
Representatives and of their successors when designated. The Employer shail notify the
Union in writing to its designated representatives.
9.3 It is recognized and accepted by the Union and the Employer that the processing of
grievances as hexeinafter provided is limited by the job duties and responsibilities of the
employees and shall therefore be accomplished during normai working hours when
consistent with such employee duties and responsibilities. The aggrieved employee and an
Union Representative shall be allowed a reasonable amount of time without loss of pay
when a grievance is investigated and presented to the Employer during normal working
hours provided that the employee and Union Representative have notified and received the
approval of designated supervisor and provided that such absence is reasonable and would
not be detrimental to the work programs of the Employer. It is understood that the
Empioyer shall not use the above limitation to hamper the processing of grievances.
9.4 Grievances, as defined by Section 9.1, shall be resoived in conformance with the following
procedure:
Step l. An employee claiming a violation conceraing the interpretation or
application of this Agreement shall, within twenty-one (21) calendar days
after such alleged violation has occurred, present such grievance to the
employee's supervisor as designated by the Employer. The
Employer-designated representative will discuss and give an answer to such
Step 1 grievance within ten (10) calendaz days after receipt. A
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ARTICLE 9 - GRIEVANCE PROCEDURE (continued)
grievance not resolved in Step I and appealed to Step 2 shaIl be placed in
writing setting forth the nature of the grievance, the facts on which it is •
based, the provision or provisions of the Agreement allegedly violated, the
remedy requested, and shali be appealed to Step 2 by the Union within
fifteen (15) calendar days after the EmpIoyer-@esignated representative's
final answer in Step 1. Any grievance not appealed in writing to Step 2 by
the Union within fifteen (15) calendar days shall be considered waived.
Step 2. If appealed, the written grievance shall be presented by the Union aad
discussed with the Employer-designated Step 2 representative. The
Employer-designated representative shall give the Union Employer's Step 2
answer in writing within ten (10) calendar days foliowing the
Employer-designated representative's final Step 2 answer. Any grievance
not appealed in writing to Step 3 by the Union within ten (10) calendar
days shall be considered waived.
Step 3. If appealed, the written grievance shall be presented by the Union and
discussed witii the Employer-designated Step 3 representafive. The
Employer-designated representative shall give the Union the Employer s
answer in writing within ten (10) calendaz days after receipt of such Step 3
grievance. A gievance not resolved in Step 3 may be appealed to Steg 4
within ten {I O) calendar days following the Employer-designated
representarive's finai answer in Step 3. Any grievance not appealed in •
writing to Step 4 by the iJnion within ten (10) calendaz days shall be
considered waived.
Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall
be submitted to azbitration subject to the provisions of the Pubiic
Employment Labor Relations Act of 1971, as amended. The azbitration
proceedings shall be conducted by an azbitrator to be selected from a
permanent panel of five (5} azbitrators. Arbitrators shall be selected by lot
within twenty (20) work days after notice has been given. The permanent
panel of azbitrators shall be mutually agreed to by the Employer and the
Union no later than 7anuary 1, 1992 or the date this Agreement is signed by
the Employer and Union, whichever is later.
In the event the Employer and the Union cannot mutually agree to five (5)
azbitrators for the permanent panel, the parties will petition the birector of
the Bureau of Mediation Services for a list of ten (10) azbitrators for each
panel member for which the parties did not mutually agree. T'he parties
shall altemately strike names from such list(s), the Employer striking fust,
until one (1) name remains. Vacancies occurring on the permanent panel
during the life of this Agreement shall be filled by mutual agreement of
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ARTICLE 9 - GRIEVANCE PROCEDURE (continued) ,��,${�
' the parties. If the parties cannot mutually agree, the vacancy shall be filled
� by the process noted in the preceding pazagraph. T'his arbitrator selection
process shall be effective only for the duration of this Agreement unless
both parties mutuaily agee to extend such provisions.
Step 5. The azbi�ator shall have no right to amend, modify, nullify, ignore the
terms and conditions of this Agreement. The azbitrator shall consider and
decide only the specific issue(s) submitted in writing by the Employer and
the Union, and shall have no authority to make a decision on any other
issue not so submitted. The azbitrator shall be without power to make
decisions contrary to, or inconsistent with, or modifying or varying in
anyway the application of laws, rules, or regulations having the force and
effect of law. The azbitrator's decision shall be submitted in writing, copies
to both parties and the Bureau of Mediation Service within thirty (30) days
following the 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 binding on both the Employer and the Union and shall be based
solely on the azbitrator's interpretation or application of the express terms
of this Agreement and to the facts of the grievance presented.
9.5 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 parry desires a verbatim
� record of the proceedings, it may cause such a record to be made, providing it pays for the
record. If both parties desire a verbatim record of the proceedings the cost shal] be shazed
equally.
9.6 If a grievance is not presented within the time limits set forth above, it shail be considered
"waived". If a grievance is not appealed to the next step within the specified time limit or
any agreed extension thereof, it shall be considered settled on the basis of the Employer's
last answer. If the Empioyer does not answer a grievance or an appeal thereof within the
specified time limits, the iJNION may elect to treat the grievance to the next step. The
time limit in each step may be extended by mutual written agreement of the Employer and
the Union in each step.
ARTICLE 10 - WAGES/MERIT PAY
lo.l Effective 7anuary 2, 1999 all salary rates applicable to titles in this bazgaining unit shall be
increased two percent (2.0%). Effective July 3, 1999 ali salary rates applicabie to titles in
this bazgaining unit shall be increased one half percent (0.5%).
�
ARTICLE 10 - WAGES/MERIT PAY (continued)
10.2 Bargaining �nit members empioyed by the City Attomey's Office as ofthe finai date of �
signing this labor agreement shall receive wage and benefit contribution increases
retroactive to January 2, 1999 for time worked or paid up to the date of execution.
The City shall conduct a job study which shall be completed in December 1999 or as soon
thereafter as is possible, and which may be used by the parties for negotiation of a
successor labor agreement in 2000. The study shall consist of an intemal analysis and an
e�ctemal mazket comparison.
The City Attomey and the Union agree to establish a joint Labor/Management Committee
(LMC) on an experirnental basis for the duration of this Agreement or until the job study
is completed, wttichever is later. The Committee shall noi be carried forward into any
successor agreement unless both parties renew it in writing in that Agreement. The LMC
shall be composed of no more than three representa6ves each from the Union and the City
Attomey. The LMC shall have no authority to discuss or resolve terms and conditions of
employment (negotiable matters) or grievances pursuant to the Agreement.
103 In addition to the wages set forth in this agreement, there shall be a designated amount of
money provided by the employer to be used as merit pay. This amount shall be provided
on a yeazly basis and shall be an amount equal to 1.5 percent of the payroll for tlus
bazgaining unit which existed on 7une 10, 1994, and which is an amount of $31,978.00.
The provisions of this article shall become effective on July 1, 1996. �
10.4 Each yeaz the City Attomey shall determine which members of this bazgaining unit shall be
entitled to such merit pay. In making such a determinafion, the City Attomey will
consider, among other things, the salary levels of attorneys in eompazable public sector
employments and in the private sector. Such merit pay raises shall be effective on the first
full pay period following July lst of each yeaz. The City Artomey shall make a reasonable
good faith effort to make such decision by July 1 st of each applicable year. If for some
reason, the City Attorney can not make such decision by that date, the decision, once
made, shall apply retroactively to the first full pay period after July 1 st of that yeaz. The
decision of the City Attomey as to who shall receive such merit raises shall be at the sole
discretion of the City Attorney and shall not be subject to the grievance procedure of this
agreement nor shall it be subject to azbitration.
10.5 For 1999 only, the City Attomey agrees to suspend his discretion to award merit pay and
to utilize the entire amount to provide intemal equity adjushnents. (Suspends 103, 10.4
and 10.7 for 1999.) Furthermore, the Employer agrees that for the yeaz 1999 only it shall
supplement the aforementioned $31,978.00 to fully fund equity adjustments as follows:
C�
10
ARTICLE 10 - WAGES/MERIT PAY (continued)
a����
� Employees with State Baz Dates between 1986 and 1989 shall receive a base
adjustment of $4,500.00; between 1990 and 1993, $4,000.00; between 1994 and
I 995, $2,000.00; and 1996, a non-recurting lump sum in the amount of $600.00,
provided that they were empioyed by the City Attomey's Office as attomeys and
have worked since 1997. Employees who have job-shared in I999 receive 1/2 of
the equity adjustment retroactively, with the full adjustment added to their base
salary.
10.6 The on base merit pay may be granted in units of $500 or in step increases as established
in the current wage schedules. Non base merit increases may be gtanted in units of $500.
There shall be no limit, on either base or non base, on the amount of inerit pay that may be
granted pursuant to this article. The amount of such merit pay may be as little as$500 in
both on base and non base merit raises. Smaller amounts may be added to a$500 unit or
to a step increase so as to exhaust the funds available for merit increases in a particular
yeaz. The City Attomey reserves the right to increase salaries during the mid-term of the
Agreement for internal promotion, equity treatment, assumprion of increased responsibility
or authority, retention or other business-related reasons, as long as the funding does not
come from the merit pool, general wage adjushnent or 1999 equity pool. The decision of
the City Attorney, both as to the amount of such merit raise and as to the method by
which it shall be given, shall be at the sole discretion of the City Attorney and shall not be
subject to the grievance procedure of this agreement, nor shall it be subject to azbitration.
� 10.7 On-base merit pay will be awazded effective beginning July 1 in a totai annualized amount
equal to $21, 318.65. This means that approximately one-haif of this amount will be paid
from July 1 through December 31 in approximately equal amounts each pay period and
that the remainder in like fashion wiil be paid out from January 1 through on or about June
30.
ARTTCLE 11 - SAVING CLAUSE
i I.1 This Agreement is subject to the laws of the United States, the State of Minnesota. In the
event any provisions of this Agreement shall be held to be contrary to law by a court of
competent jurisdiction from whose final judgment or decree no appeal has been taken
within the time provided, such provisions shall be voided. All other provisions shali
continue in full force and effect. The voided provision may be renegotiated at the written
request of either parry. All other provisions of this Agreement shall continue in full force
and effect.
•
11
ARTICLE 12 - INSURANCE
Retiree Insurance
12.1 Employees who retire must meet the following conditions at the time of retirement in
order to be eligible for the Employer contributions, listed in Sections 12.2 through 12.5
below, toward a health insurance plan offered by the Employer:
12.1(1) Be receiving benefits from a public employee retirement act at the time of
retirement, and
12.1(2) Have severed his/her relationship with the City of Saint Paul for reasons
other than misconduct, and
121(3) Have completed at least 20 years with the City of Saint Paul.
Early Retirees
12.2 This Section shall apply to full time empioyees who:
12.2(i) Retire on or after January 1, 1996, and
12.2(2) Were appointed on or before December 31, 1995, and
12.2(3) Have not attained age 65 at retirement, and
12.2(4) Meet the terms set forth in Section 12.1 above, and
12.2(5) Select a health insurance plan offered by the Employer
Until such employees reach sixty-five (65) yeazs of age, the Employer agrees that for
retirees selecting single coverage, the Employer will provide the same conizibution as is
pro��ided for active employees selecting single coverage under this agreement. This
amount, however, shall not exceed $350 per month.
For employees selecting family health insurance coverage, the Employer will contribute
$� 50 per month toward the premium for family health insurance coverage. Any unused
portion of the Employer's contribution shall not be paid to the retiree.
When such early retiree attains age 65, the provisions of Section 12.4 will apply.
123 This Section shall appiy to full time employees who:
123(1) Retire on or after January 1, 1996, and
123(2) Were appointed on or after January 1, 1996, and
123(3) Have not attained age 65 at retirement, and
123(4) Meet the conditions of Section 12.1 above, and
123(5) Select a health insurance plan offered by the Employer.
Until such retirees reach sixty-five (65) yeazs of age, the Employer agrees to contribute a
m�imuxn of $300.00 per month toward the cost of single or family health insurance
coverage. Any unused portion shall not be paid to the retiree.
�
�
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12
�
ARTICLE 12 - INSURANCE (continued)
12.4
� 3
The Employer agrees to contribute a maximum of $550.00 per month towazd the
premium for singie or family health insurance coverage offered by the Employer to
regulaz retirees and their dependents. Any unused portion of the Employer's
contribution shall not be paid to the retiree.
�
•
12.5
When such eazly retiree attains age 65, the provisions of Section 12.5 shall apply.
Regular Retirees (Age 65 and over)
This Section shall apply to full time employees who:
12.4(1) Retire on or after January 1, 1996, and
12.4(2) Were appointed on or before December 31, 1995, and
12.4(3) Have not attained age 65 at retirement, and
12.4(4) Meet the terms set forth in Section 12.1 above, and
12.4(5) Select a health insurance plan offered by the Employer
This Section shall also apply to eazly retirees who retired under the provisions of Section
12.2 when such retirees attain age 65.
12.5(1) Retire on or after January 1, 1996, and
12.5(2) Were appointed on or aRer January l, 1996, and
12.5(3) Have not attained age 65 at retirement, and
12.5(4) Meet the conditions of Section 12.1 above, and
12.5(5) Select a health insurance plan offered by the Employer.
This Section shall apply to full time employees who:
The Employer agrees to contribute a m�imum of $300.00 per month toward the cost of
single or family health insurance coverage offered to regular retirees and their dependents.
Any unused portion shall not be paid to the retiree.
This Section shall also apply to eazly retirees who rerired under the provisions of Section
12.3 when such early retirees attain age 65.
12.6 If an employee does not meet the conditions of Section 12.1(3), but has completed at least
ten (10) years of service with the City, he/she may pwchase single or family health
insurance coverage through the Employer's insurance program. The total cost of such
insurance coverage shali be paid by the retiree.
12.7 A retiree may not carry his/her spouse as a dependent if such spouse is also a City retiree
or City employee and eligible for and is enrolled in the City health inswance program.
13
ARTICLE 12 - INSURANCE (Continued)
Survivor Insurance
12.8 The surviving spouse of an employee carrying family coverage at the time of his/her death
due to a job connected injury or illness which was determined to have arisen out of and in
the course of his/her employment under worker's compensation law shall continue to be
eligible for city contribution in the same proportions as is provided for retired employees.
In the event of the death of an eazly retiree or a regulaz retiree, the dependents of the
retiree shall have the option, within thirty (30) days, to continue the current
hospitalization and medical benefits which said dependents previously had, at the premium
and Employer contribution accorded to the eligible deceased retiree.
It is fiuther understood that coverage shall cease in the event o£
12.8(1) Subsequent remarriage of the surviving spouse of the deceased employee
or retiree.
�
12.8(2) The employment of the surviving spouse or dependent where fieaitfi
insurance is obtained through a group program provided by said Employer.
In this event, however, the surviving spouse or dependent shall have the
right to maintain Ciry heaith insurance for the first ninety (90) days of said
employment.
Active Employee Insurance �
12.9 For full-time employees who select single health insurance coverage, effective for the
January, 1999 insurance premiums, the Employer agrees to contribute $289.83 per month.
For three-quarter time employees who select single health insurance coverage, the
Employer's contribution shall be $21737 per month. For half-time employees who select
single health inswance coverage, the Employer's conttibution shall be $144.92 per month.
For full-time employees who select family health insurance coverage, effective for the
January, 1999 insurance premiums, the Employer agrees to contribute $312.47 per month.
For three-quarter time employees who select family health insurance coverage, the
Employer's contribution shall be $23435 per month. For half-time employees who select
family health insurance coverage, the Employer's contdbution shall be $156.24 per month.
Effective January 1, 1993, employees shall not use pre-tax Employer contribution
insurance dollars for the purchase of long term or short term disability coverage.
.
14
ARTICLE 12 - INSURANCE (Continued)
�q�$�
� Part-time employees who are permanentiy appointed to a full-time (80 hours per
biweekly period) position after the commencement of the plan yeaz, shall be made eligible
for the full-time benefits after they have compieted at least forty hours in a monthly
qualifying pay period as a fuil-time empioyee. Fuil-time employees who aze
permanently appointed to a part-time (less than 80 hours per biweekly period) position
after the commencement of the plan year shall be reduced to the benefit levei
applicable for the hours scheduled by the department. Such reduction shall take effect on
the first month the employee does not complete a monthly qualifying pay period as a full-
time employee.
12.10 For the purpose of this Article, full-time employment is defined as appearing on the
payroll an average of at least 32 hours per week for the twelve (12) month period
preceding the annual open enrollment or special enrollments or the six (6) month period
preceding initial enroliment.
Three-quarter time employment is defined as appearing on the payroll an average of at
least 26 hours per week but less than 32 hours per week for the twelve (12) month period
preceding the annual open enrollment or special enrollments or the six (6) month period
preceding initial enrollment.
Half-time employment is defined as appearing on the payroll an average of at least 20
• hours per week but less than 26 hours per week for the twelve (12) month period
preceding the annual open enroilment or special enrollments of the six (6) month period
preceding initial enrollment.
12.1 I Under the "Cafeteria Plan" all eligible empioyees regazdless of the number of average
hours worked must select at least single coverage hospital-medical insurance and
employee life insurance in an amount $5000. Any unused portion of the Employer's
contribution, for which an employee is eligible, is defined as unused benefit dollazs, not
salary, and shall be paid to the employee as taYabie income. Such payment will be made
during the month of December for the insurance yeaz. For employees who temvnate their
employment with the City of Saint Paul, such payment shall be made within 90 days
following termination.
12.12 The contributions indicated in this Article 12 shall be paid to a third party administrator
and shall not be considered salary.
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ARTICLE 13 - VACATION
13.I Vacation credits shall accumuIate at the rates shown below for each full hour on the
payroll, excluding overtime.
Years of Service
1 st year thru 8th yeaz
9th yearthru 15th year
16th yeaz and thereafter
Hours of Vacation
.0577
.0770
.0962
13.2 The head of the department may permit an employee to carry over into the "vacation yeaz"
up to one hundred twenty (120) hours of vacation. For the purpose of this article the
"vacation year" shall be the fiscal yeaz (IRS payroll reporting year).
133 The above provisions of vacation shali be subject to the Saint Paul Salary Plan and Rates
of Compensation, Section I, Sub. H.
13.4 If an employee has an accumulation of sick leave credits in excess of one hundred and
eighty days, he may convert any part of such excess of vacation at the rate of one-half
day's vacation for each day of sick leave credit. No employee may convert more than ten
(10) days of sick leave in each calendar year under this provision.
ARTICLE 14 - HOLIDAYS
14.1 Holidays recognized and observed.
as paid holidays.
New Yeaz's Day
Martin Luther King Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
The following days shall be recognized and observed
Veterans' Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
Two floating holidays
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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 shali fall on Saturday, the
preceding Friday shatl be observed as the holiday. Whenever any of the holidays listed
above shall fall on Sunday, the succeeding Monday shall be observed as the holiday.
14.2 The floating holidays set forth in Section 14.1 above may be taken at anytime during the
contract yeaz, subject to the approval of the Department Head of any employee.
143 Eligibility Requirements. In order to be eligible for a holiday with pay, an employee's
name must appeaz on the payroll on any six working days of the nine working days
preceding the holiday; or an employee's name must appeaz 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
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T�
ARTICLE 14 - HOLIDAYS (continued)
. nor other employees not heretofore eligible shall receive holiday pay.
14.4 Notu�ithstanding 143, a temporary employee shall be eligible for holiday pay after such
employee has been employed as a temporary employee for siaty-seven (67) consecutive
work days. No temporary employee shall be eligible for any floating holidays.
ARTICLE 15 - LEAVES OF ABSENCE
15.1 Each eligible employee shall accumulate sick leave credits at the rate of .0576 of a
working hour for each full hour on the payroll, excluding overtime.
15.2 Any employee who has accumulated sick leave credits as provided above shail be granted
leave with pay, for such period of ume as the head of the department deems necessary, on
account of sickness or injury of the empioyee, quarantine established and declazed by the
Bureau of Health, death of the employee's mother, father, spouse, child, brother, sister,
mother-in-law, father-in-law, or other person who is a member of the household; and may
be granted leave with pay for such time as is actually necessary for office visits to a
doctor, dentast, optometrist, etc., or in the case of sudden sickness or disability of a
member of his household, making arrangements for the care of such sick or disabled
persons up to a maximum of eight hours sick leave.
• An employee may use personal sick leave benefits provided by the Employer for
absences due to an illness for injury to the employee's child for such reasonable periods
as the employee's attendance with the child may be necessary, on the same tertns the
employee is able to use sick leave benefits for the employee's own illness or injury. This
section applies only to personal sick leave benefits payable to the employee from the
Employer's general assets. For purposes of this section, "personal sick leave benefits"
means time accrued and available to an employee to be used as a result of absence from
work due to personal illness or injury, but does not include short-term or long-term
disability or other salary continuation benefits.
15.3 Any employee who has accumulated sick leave credits, as provided in the Civil Service
Rules, shall be granted one day of such leave to attend the funeral of the employee's
grandpazent or grandchild.
15.4 An employee shall be granted up to a total of sixteen (16) hours during a school yeaz to
attend school conferences or ciassroom activities related to the employee's child, provided
the conferences or classroom activities cannot be scheduled during non-work hours.
When the leave cannot be scheduled during non-work hours and the need for the leave is
foreseeable, the employee must provide reasonable prior notice of the leave and make a
reasonable effort to schedule the leave so as not to disrupt unduly the operation of the
Employer. An employee shall be allowed to use vacation or compensatory time for this
leave; otherwise, this leave shall be without pay.
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ARTICLE 15 - LEAVES OF ABSENCE (continued)
15.5 Voluntary Unpaid Leave of Absence. A full-time employee may be granted up to 480 •
hours of voluntary leave of absence without pay during the fiscal yeaz. During such leave
of absence, the employee shall continue to earn and accrue vacation and sick leave,
seniority credits and maintain insurance eligibility as though he or she was on the payroll.
Any leave of absence granted under this provision is subject to the approval of the
Deparnnent Head.
15.6 Adoption Leave. In case of an employee adoprion of a child up to five yeazs of age,
employees shall be permitted to carry over into the following fiscal year up to 80
additional hours of accrued vacation time each yeaz up to a total of 240 hours.
For up to two years from ttte date of the execurion of this Agreement, employees may
additionally borrow up to 80 hours of unaccrued vacation rime from the neat fiscal year.
These two adoption provisions shall apply only to one City employee in the event that
both adoptive pazents aze City employees.
15.7 Empioyees will be granted leaves of absence in accordance with the Family Medicai
Leave Act (FMLA). The employer agrees that under FMLA each eligible employee is
entit2ed to take up to twelve (12} weeks of unpaid leave (available sick leave may be used
if otherwise provided in this agreement) in any twelve month period for any of the
following reasons:
• Birth of a child of the empioyee and in order to caze for the child. •
• Placement of a child with an employee for adoption or foster caze.
• Take time off from work because of the employee's own serious health condition.
• In order to caze for the spouse, pazent or child of the employee when said spouse,
pazent or child has a serious health condition.
ARTICLE 16 - NON-DISCRIMINATION
16.1 The terms and conditions of this Agreement will be applied to employees equally without
regazd to, or discrimination for or against, any individual because of race, color, creed,
sex, age, or because of inemberslrip or non-membership in the Union.
16.2 Employees will perform their duties and responsibiliGes in a non-discriro;natory manner as
such duties and responsibilities involve other employees and the general public.
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ARTICLE 17 - LEGAL SERVICES
- �q ��
' 17.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the Empioyer
• shall defend save harmiess and indemnify employee against tort claim or demand whether
groundless or othenvise arising out of alleged acts or omission occurring in the
performance or scope of the employee's duties.
17.2 Not�sithstaziding Article 17.1, the Employer shall not be responsible for paying any legal
service fee or for providing any legal service arising from any legal action where the
employee is the Plaintiff.
ARTICLE 18 - SENIORITY
18.1 Seniority, for the purpose of this Agreement, shall be defined as follows: The length of
continuous, regulaz or probationary service with the Bmpioyer from the date an employee
was first certified and appointed to a class title covered by this Agreement, it being further
understood that seniority is confined to the current class title held by an employee. In
cases where two or more employees aze appointed to the same class title on the same date,
the seniority shall be determined by the last date of hire with the Employer. It is
understood that employees wiil pick up their former seniority date upon return to any class
title that they previously held.
18.2 Seniority shall terminate when an employee retires, resigns, or is dischazged.
18.3 In the event it is determined by the Empioyer that it is necessary to reduce the work force,
• employees will be laid off by class title within each department based on inverse length of
seniority as defined above.
18.4 In cases where there aze promotional series, such as Attorney I, II, III, etc., when the
number of employees in these higher litles is to be reduced, employees who have held
lower titles in the series which aze in this bazgaining unit will be offered reductions to the
highest of these titles to which class seniority would keep them from being laid off, before
layoffs are made in any class title within any department.
18.5 Empioyees who have held class titles represented by this bazgaining unit who subsequently
accept appointments or assignments to Attomey positions which aze not represented by
this bazgaining unit shali be allowed, in all cases, to return to the cunently or previously
held class title represented by this bazgaining unit upon completion of such appointments
or assignments.
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ARTICLE 19 - CITY MILEAGE
19.1 Automobile Reimbursement Authorized - Pursuant to Chapter 33 ofthe Saint Paul
Administrative Code, as amended, pertaining to reimbursement of City officers and •
employees for the use of their own automobiles in the performance of their duUes, the
foliowing provisions are adopted.
19.2 Method of Computation - To be eligible for such reimbursement, all officers and employees
must receive written authorization from the Department Head.
Type 1- If an employee is required to use hislher own automobile OCCASIONALLY
during employment, the employee shall be reimbursed at the rate of $4.00 per day for
each day the employee's vehicle is actually used in perfornung the duties of the employee's
position. In addition, the employee shall be reimbursed $0.20 per mile for each mile
actually driven.
If such employee is required to drive an automobile during employment and the
department head or designated representative determines that an employer vehicle is
available for the employee's use but the employee desires to use lus/her own automobile,
then the employee sha11 be reimbursed at the rate of $0.20 per mile driven and shall not be
eligible for any per diem.
Type 2- If an empioyee is required to use his/her own automobile REGULARLY during
employment, the employee shall be reimbursed at the rate of $4.00 per day for each day
of work. In addition, the employee shaIl be reimbursed $0.2Q per miie for each mile
actually driven.
If such employee is required to drive an automobile during employment and the •
department head or designated representarive detemunes that att employer vehicle is
available for the employee's use but the employee desires to ase his/her own automobite,
then the employee shall be reimbursed at the rate of $0.20 per mile driven and shali not be
eligible for any per diem.
This Section 19.2 shall become effective February 1, 1994.
193 The City will provide pazking at the Civic Center Parking Ramp for City employees on either
of the above mentioned types of reimbursement plans who are required to have their personal
caz available for City business. Such pazking will be provided only for the days the employee
is required to have his or her own personal car available.
19.4 Rules and Regulations - The Mayor shall adopt rules and regulations goveming the
procedures for automobile reimbursement, which regulations and rules shall contain the
requirement that recipients shall file daily reports indicating tniles driven and shall file monthly
�davits stating the number of days worked and the number of miles driven, and further
require that they maintain automobile liability insurance in amounts of not less than
$100,000/$300,000 for personal injury, and $25,000 for properry damage, or liability
insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul
named as an additional insured. These rules and regulations, together with the amendment •
thereto, shall be maintained on file with the City Clerk.
i�l]
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ARTICLE 20 - DiJI2ATION AND EFFECTIVE DATE
20.1 Complete Agreement With Waiver of Bargaining. This Agreement shall represent the
complete Agreement between the Union and the Empioyer. The parties acl�owledge that
during the negotiations which resulted in this Agreement, each had the unlimited right and
opporiunity to make requests and proposals with respect to any subject or matter not
removed by law from the azea of collective bargainiug, and that the complete understandings
and agreements arrived at by the parties after the exercise of that right and oppornmity aze
set forth in t7us Agreement. Therefore, the Employer and the Union, for the life of this
Agreement, each voluntarily and unqualifiedly waives the right, and each agtees thax the
other shall not be obligated to bazgain collectively with respect to any subject or matter
referred to or covered in this Agreement.
20.2 Except as herein provided this Agreement shall be effective as of January 1, 1999 and sha11
continue in full force and effect thru December 31, 1999, 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 1984.
203 This constitutes a tentative agreement beiween the parties which will be recommended by
the Director of Labor Relations, but is subject to the approval of the Administration of the
City, the City Council and is also subject to the ratification by the Union.
WITNESSES
CITY OF SAINT PAUL
�
Ter � altiner
Labor Relations Manager
r�,/z�/ �g
Date
LOCAL iTNION NO. 3757, DISTRICT
COUNCIL NO. 14 OF THE AMERICAN
FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES LEGAL
.
Je Ser g
As ' tant �rector
/ �� f`�. ��! � �
:� f�
- �-
�-a�-9 �
Date
21
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APPENDIX A �q �53
Salary ranges applicable to tifles covered by this Agreement shall be as shown below:
GRADE l IR
1� . � •:►1
A B C D E F G 10-yr. 15-yr.
Ci? � � � � C ��) �g) �
O l/02/99 1477.51 1529.48 15 82.5 8 1652.10 1723.85 I 799.70 18 78.70 1925.46 1978.49
07/03/99 1484.90 1537.13 1590.49 166036 1732.47 1808.70 I 888.09 1935.09 198838
C::� �:
705 ATTORNEY II
O1/02/99 1595.99 1652.10 171034 1785.14 1864.15 194732 2035.64 2089.71 2143.75
07/03/99 1603.97 1660.36 1718.89 1794.07 1873.47 1957.06 2045.82 2100.16 2154.47
GRADE 20R
706 ATTORNEY III
Ol/02/99 1864.61 1929.03 1995.55 2083.94 317435 2271.00 2372.88 2433.16 2498.64
. 07/03/99 1873.93 1938.68 2005.53 209436 2185.22 228236 2384.74 244532 2511.13
,e1:7_U7�I►i1:7
707 ATTORNEY IV
O1/02/99 1916.16 1985.76 2055.41 214791 2245.60 2348.50 2453.50 2522.11 2589.64
07/03/99 1925.74 1995.69 2065.69 2158.65 2256.83 2360.24 2465.77 2534.72 2602.59
..� ..
708 ATTORNEY V
•
O1/02/99 2290.29 2373.46 2459.75 2572.00 2690.47 2814.19 2944.09 3027.27 310937
07/03/99 2301.74 238533 2472.05 2584.86 2703.92 2828.26 2958.81 3042.41 3124.92
A-1
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APPENDIX A - (Continued)
.e77_\7�7G117
709 ATTORNEY VI
A B C D E F G 10-yr. 15-yr.
�1) �2) �3) �4) �5) �6) �'� �g) �9)
01/02/99 2482.60 2573.04 2668.66 2791.29 2921.25 305637 3198.74 3289.15 3378.59
07/03/99 2495.01 2585.91 2682.00 2805.25 2935.86 3071.65 3214.73 3305.60 3395.48
GRADE 33R
044A ATTORNEY VII
01/02/99 2621.88 2717.52 2817.29 294931 3086.48 3230.97 3382.72 3476.28 3570.86
07/03/99 2634.99 2731.11 283138 2964.06 3101.91 3247.12 3399.63 3493.66 3588.71
;:� �:
232A ATTORNEY VIII
�
•
O1/02/99 2698.05 2796.53 289933 303531 3176.63 3325.40 3481.71 3578.07 3675.50
07/03/99 2711.54 2810.51 2913.83 3050.49 3192.51 3342.03 3499.12 3595.96 3693.88
�q,g�
A-2
APPENDIX B - WORK SCHEDULES � � `�`�
•
. 1.1 Ali bazgaining unit employees are exempt from the overtime pay provisions of the federal Fair
Labor Standards Act and similaz state legislation as professional empioyees and are salaried
empioyees of the City who aze not compensated on an hourly basis.
1.2 The normal work schedule for fu11-time employees covered by this Agreement shall consist of a
minimum of eighty (80) hours within each biweekly payroll period. Employees aze generally
expected to be working during the normai business hours, weekdays between 8:00 am. and 5:00
p.m., or as otherwise established by the Employer for the employee's work group, subject to the
leave provisions of this Agreement, and applicable state and federal statutes. Due to the nature of
their work, however, the job duties of persons in this bazgaining unit may require the employees to
work irregulaz hours, and work on holidays and weekends. Such work requirements aze considered
an integral part of the job. Therefore, maintaining consistent starting and quitting times and
scheduling specific numbers of hours worked in any day or week may be impractical. Where their
assigned duties and responsibilities permit, however, and where their Deparhnent Head ar
Supervisor approves, bazgaining unit employees may exercise reasonable and prudent discretion in
scheduling or varying the normal business hours at which their work is performed.
13 Employees who work more than eighty (80) hours in a two-week payroll period may be granted
compensatory time with the appxoval of their department head or his/her designee. If granted,
compensatory time will be based on a straight time hour for hour basis for time that the supervisor
approves.
* 1.4 Compensatory time off sha11 be scheduled and approved in advance. Employees and their
supervisors shail diligenfly work together to schedule compensatory time off so fhat empioyees may
make maximum use of their accrued compensatory time without unreasonably disrupting the
business of the Employer.
1.5 Employees leaving the City or the City Attomey's Office must use up any accnxed compensatory
time and shall not be paid for it under any circumstances.
1.6 Employees and the Union accept the fact that employees aze required to attend to the ethical
obligations associated with the prac6ce of law, must act to fully serve the needs of their clients and
aze obiigated to observe scheduled court appeazances, depositions, agency and other scheduled
meetings, and other such requirements of the practice of law, and agree that this provision affecting
hours of work does not remove those requirements.
1.7 Decisions made or not made under this clause on any individual case aze not grievable or azbitrable_
However, systematic or repeated decisions which aze contrary to the spirit of this Appendix may be
grieved under the pzocess set forth in Article 9.
1.8 The City and the Union agree that this modification of hours of work is experimental and sha11 not
extend beyond one (1) yeaz from the date of execution of this Agreement unless both parties act
�rmatively fo renew or modify this clause in bazgaining fox the yeaz 2000 or later.
I 1
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Councii File # ��
�3R�Gt�tA�.
Presented
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Green Sheet #_08902_
��
Referred To Committee Date
1
7
RESOLVED, that the Council ofthe City of Saint Paul hereby approves and ratifies the attached 1999
Collective Bargaining Agreement between the City of Saint Paul and AFSCME Loca13757-Legal.
P. � � r
ATTACfIMENT TO TI� GREEN SHEET
AFSCME LOCAL 3757 - LEGAL
q°l-�'S3
Below is a sumuiary of the changes in the collective bazgaining agreement between the City of
Saint Paul and the AFSCME Local 3757 - Legal. The new contract is for the period of January
1, 1999 tluough December 31, 1999.
Wages:
1999: 2.5% (Split: 2.0% effective Ol/02/99, 0.5% effective 07/03/99)
The merit pay system and associated money was suspended for 1999. This money plus
additional funds were put into equity adjustrnents far 17 employees with State Baz Dates
between 1986 and 1995 and a lump sum payment to two employees with a State Bar Date
of 1996. The purpose of this action was to address mutually identified pay disparities for
lower and middle level attorneys as compared to outside rates. A classification and
compensation study by Human Resources is curcently being done t� ensure all attorney
positions receive equitable compensafion.
Health Insurance:
1999: Single
Family
Severance:
$289.83 per month
$312.47 per month
Payments were increased as follows:
Years of Service with the City
At Least 20
21
22
23
24
25
Retroactivity:
Mar.imum Severance Pay
from $4,000
4,600
5,200
5,800
6,400
7,000
to
to
to
to
to
to
$5,000
$6,000
$7,000
$8,000
$9,000
$10,000
Wages and benefits are retroactive to O1/Ol/99 for those employees in the bargaining unit at the
time of signing.
qq'8S3
Language Changes:
Several language changes were made in this agreement. The following is a summary.
LMC: An experimental Labor Management Committee was formed.
Job Filling Nofices: The City Attorney agreed to notify employees of a vacancy which
the CiTy Attorney intends to fill and to permit employees to express interest in the
vacancy.
Flex-time: Creation of an experimental flex-time and compensatory time system.
Leaves: Added language covering use of sick leaue to caze for a sick child, grant leave to
attend school conferences or classroom activities related to employee's child and added
Family Medical Leave Act language. (Required for compliance with statutory law.)
Temps: Recognition that temporary employees are included within the bazganung unit
and eligible for holiday pay after 67 consecutive work days.
Other changes to the language aze basically of a housekeeping nahue for clarification and clean
up.
�
DEPARTMENT/OFFICF✓COi]NCIL: DATE INIT7ATED GREEN 5HEET No.• 08902 � {����
LABOR RELATIONS 08/23/99 '
CONTACf PERSON & PHONE: p �N�TIAL/DATE INITIAL/DATE
NLIE KRAUS 266-6488 � � nEP,�xrn�T D�. TH &1=�/4i 4 CITYCOUNCIL
NUMBER Z CITY ATrORNEY�I CITY CLERK
BUDGEf DIR FIN. & MGT. SERVICE DIR.
�1USf BE ON COUNCIL AGENDA BY (DATE) RDU.i.iNG 3 MAYOR (OR ASST.) .
ORDER
TOTAL # OF SIGNATURE PAGES_1 (CLIP ALL LOCATIONS FOR SIGNATURE)
ncrio� xEQUESZ�n: This resolu6on approves the attached 1999 Collective Bazgainuig Agreement between the City of
Saint Paul and AFSCME Loca13757-Legal.
RECOT�IIv1ENDAITONS: Approve (A) or Reject (A) PERSONAL SERVICE CONTRACI'S MUST ANSWER'I'HE FOLLOWING
QUESTiONS:
PLANNING COMMISSION CI VIL SERVICE WMbIISSION 1. Has this person/firm ever worked under a contract for [his department?
CIB COMbIlTTEE Yes No
STAFF � 2. Has chis person/finn ever been a city employee?
DISTRICT COURT Y� �o
Si3PPORTS WHICA COU23CIL OBSECTIYE? 3. Does this persodfinn possess a skdl noi noc[nally possessed by any cuaent city employee?
Yes No
Explain all yes answers on separate sheet and attach to grcen sheet
INITIATING PROBLEM, ISSUE, OPPORTlJNI1'Y (Who, What� When, Where, W6y):
ADVANTACESIFAPPROVED:
DISADVANTAGES IF APPROVED:
DISADVANTAGES IF NOT APPROVED:
TOTAL AMOIJN"I' OF TRANSACTION: COST/REVENUE BODGETED:
FUNDING SOURCE: ACTIVI'I'Y NUMBER:
FINANCIAL INFORMATION: (EXPLAl1V)
A
SEP 0 1 1999
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COLLE�TI�E B'ARGAINING AGREEMENT; . � ,
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INDEX
ARTICLE TITLE PAGE
Preamble ................................................. ii
1 Recognition ................................................1
2 Severance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
3 ManagementRights ..........................................4
4 Residence ..................................................5
5 Check Offand Service Fee ....................................5
6 Matemity/Pazental Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b
7 Discipline ................................................. 6
8 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Grievance Procedure ........................................ 7
10 Wages/MeritPay ............................................9
11 Saving Clause ..............................................11
� 12 Insurance .................................................12
13 Vacation ..................................................16
14 Holidays ..................................................16
15 LeavesofAbsence ..........................................i�
16 Non-Discrimination .........................................18
17 LegalServices .............................................19
18 Seniority ..................................................19
19 City Mileage ...............................................20
20 Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Appendix .............................................. Al
Appendix .............................................. B1
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PREAMBLE
This Agreement entered into between the City of Saint Paul, hereinafter referred to as
either the "Employer" or the "City," and the A.F.S.C.M.E. Loca13757-Legal hereinafter refened
to as the Union, for the purpose of fostering and promoting hazmonious relations between the
City and the Union in order that a high level of public service can be provided to the citizens of
the City.
This Agreement attempts to accomplish this purpose by providing a fuller and more
complete understanding on the part of both the City and the Union of their respective rights and
• responsibilities.
The provisions of this Agreement shali not abrogate the rights and/or duties of the
Employer, the Union, or the employees as established under the provisions of the Public
Employee Labor Relations Act of 1984, as amended.
• ii
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ARTICLE 1 - RECOGNITION
11 The City recognizes the Union as the exclusive representarive for AFSCME Local
3757-Legal, as certified by the State of Minnesota Bureau of Mediation Services, dated
July 29, 1998, Case No. 77 PCL-48. This unit above consists of the following:
Attorney I
Attomey II
Attomey III
Attorney IV
Attomey V
Attomey VI
Attomey VII
Attorney VIII
1.2 Employees employed in the above class titles and assigned to confidential and/or
supervisory positions aze not included in this Agreement.
1.3 It is recognized that temporary employees aze within the unit covered by this Agreement
if they work for more than 67 days per calendaz year or are anticipated upon hire to be
employed greater than 67 days, and meet the hours requirements of Minnesota Statutes
179A.03, subd. 14. A temporary employee, for purposes of this contract, is a person
employed to fill a position of a specific limited duration, not to exceed one yeaz.
Temporary employees shall not be eligible for vacation accrual, holiday pay, sick leave
accrual, health or other insurance premium contributions by the Employer, except as aze
specifically provided for elsewhere in this Agreement.
ARTICLE 2 - SEVERANCE PAY
2.1
2.2
The Employer shail provide a severance pay program as set forth in this Article.
To be eligible for the severance pay program, an employee must meet the following
requirements:
�
2.2(1) The employee must be 58 years of age or oider or must be eligible for pension
under the "rule of 90" provisions of the Public Employees Retirement Association
(PERA). The "rule of 85" or the "rule of 90" criteria shall also apply to empioyees
covered by a public pension plan other than PERA.
2.2(2) The empioyee must be voluntarily sepazated from City employment or have been
subject to separation by layoff or compulsory rerirement. Those employees who
aze dischazged for cause, misconduct, inefficiency, incompetency, or any other
discipiinary reason aze not eligible for the City severance pay program.
2.2(3) 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, employment in either the City or in the Independent School
•
ARTICLE 2 - SEVERANCE PAY (Continued)
District No. 625 may be used in meeting this ten (I O) yeaz service requirement.
2.2(4) The employee must file a waiver of reemployment with the Director of Human •
Resources, which will cleazly indicate that by requesting severance pay, the
employee waives all claims to reinstatement or reemptoyment (of any type}, with
the Ciry or with Independent School District No. 625.
2.2(5) The employee must have accumulated a minimum of siaity (60) days of sick leave
credits at the time of his separation from service.
2.3 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 posirion held by the employee on the date of
sepazation for each day of accrued sick leave subject to a maximum of $6,500.
2.4 The provisions of this Article 2 shall apply only to employees retiring on or after
December 30, 1985.
2.5 For the purpose of this severance program, a death of an employee shall be considered as
separation of employment, and if the employee would have met all of the requirements set
forth above, at the time of his or her death, payment of the severance pay will be made to
the employee's estate or spouse.
2.6 For the purpose of this severance program, a transfer from the City of Saint Paul �
employment to Independent School District No. 625 employment is not considered a
separation of empioyment, and such transferee shall not be eligib]e for the City severance
program.
2.7 The manner of payment of such severance pay shall be made in accordance with the
provisions of City Ordinance No. 11490.
2.8 T1us severance pay program shall be subject to and govemed 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.
2.9 The provisions of this article shall be effective as of December 24, 1983.
2.10 Any employee hired prior to December 31, 1983 may, in any event, and upon meeting the
qualifications of this article or City Ordinaace 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
baz to receiving severance pay from the other. Any employee hired after December 31,
1983 shall only be entitled to the benefits of this article upon meeting the qualifications
herein.
•
2
ARTICLE 2 - SEVERANCE PAY (Continued)
� 2.11 For employees hired by the City of Saint Paul and appointed to ritles covered by this
Agreement on or after October 29, 1988, the Employer shall provide only the severance
• pay program as set forth in 2.12 through 2.17.
2.12 To be eligible for the severance pay program, an employee must meet the following
requirements:
��'�� 3
2.12(1) The employee must be voluntarily separated from City employment or have
been subject to sepazation by layoff or compulsory retirement. Those
employees who aze discharged for cause, misconduct, inefficiency,
incompetency, or any other disciplinary reason aze not eligible for the Ciry
severance pay program.
2.12(2) The employee must file a waiver of reemployment with the Human
Resources Director, which will cleazly 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.
2.12(3) The employee must have an accumulated balance of at least eighty (80)
days of sick leave credits at the time of his separation from service.
2.13 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-haif 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 masimum as shown below based
on the number of years of service in the City.
Yeazs of Service with the City
At Least 20
21
22
23
24
25
Maximuxn Severance Pay
$5,000
$6,000
$7,000
$8,000
$9,000
$10,000
2.14 For the purpose of this severance program, a death of an employee shall be considered as
sepazation 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 shall be made to
the employee's estate or spouse.
2. ] 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
sepazation of employment, and such transferee shall not be eligibie for the City severance
program.
C�
ARTICLE 2 - SEVERANCE PAY (Continued)
2.16 The manner of payment of such severance pay shall be made in accordance with the
provisions of City Ordinance No. 11490. •
2.17 This severance pay program shall be subject to and govemed 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.
2.18 Notwithstanding Article 2.11, employees appointed to a 6tle covered by this Agreement
prior to October 29, 1988, who meet the qualifications as defined in Aiticles 2.12 through
2.13, may etect to draw severance pay under the provisions set forth in Artictes 2.13
through 2.17. However, an election by an employee to draw severance pay under Articies
2.13 through 2.17 shall constitute a bar to drawing severance pay under any other
provisions set forth in this Article 2.
ARTICLE 3 - MANAGEMENT RIGHTS
31 The Union recognizes the right of the Empioyer to operate and manage its affairs in aIi
respects in accordance with appIicable Iaws and regvlations of appropriate authorities.
The rights and authority which the Employer has not o�cially abridged, delegated, or
modified by this Agreement aze retained by the Employer.
3.2 A public employer is not required to meet and negotiate on matters of inherent managerial •
policy, which include, but aze not limited to, such azeas of discretion or policy as the
functions and programs of the Employer, its averall budget, utilization of technology, and
organizational structure and selection and direction and number of personnel.
33 The City Attorney or his/her designee, agrees to provide a generat nofification by e-mail
or other means of a vacancy which the City Attorney intends to fill, and to permit
employees ta express interest in the vacancy. Employees expressing an interest in a
vacancy wili be given consideration for the position. The final decision on appointment is the
Ciry Attomey's, and may not be grieved or azbitrated.
3.4 Employees may request in writing that the City Attomey consider a job-sharing
arrangement. The City Attomey shall be free to deny or approve such proposed
azrangements at his/her sole discretion. If approved, both job-sharing employees must
agree to the arraztgement for its implementation. If so approved and agreed to, vacation,
holiday, and sick leave benefits for the position shatl be prorated based upon the hours
each employee is assigned, but in no case may any employee work less than 50 percent
time. Health insurance benefits shall be administered in accordance with Article 12. In the
event that one of the employees is terminated or terminates employment, the Employer
may with 10 calendaz days notice, increase the remaining employee's work hours. Should
the City Attorney determine that the azrangement does not meet work
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ARTICLE 3 - MANAGEMENT RIGHTS (continued) �Ja,��j,3
l�
' needs of the office, he/she may return both employees to full-time with 30 calendaz days _
• notice. No aspect of these arrangemenu, including the approval or denial, is subject to
either the grievance or azbitration procedure.
ARTICLE 4 - RESIDENCE
4.1 Employees covered by this Agreement shall have no residency requirements or
restrictions.
ARTICLE 5- CHECK OFF AND SERVICE FEE
5.1 The Employer agrees to deduct the Union membership initiation fee assessments and once
each month dues from the pay of those employees who individually request in writing that
such deductions be made. The amounts to be deducted shall be certified to the Employer
by a representative of the Union and the aggregate deductions of all employees shall be
remitted together with an itemized statement to the representative by the first of the
succeeding month af[er such deductions are made or as soon thereafter as is possible.
5.2 Any present or future employee who is not an Union member shall be required to
contribute a fair share fee for services rendered by the Union. Upon notification by the
. Union, the Employer shall check off said fee from the eamings of the employee and
transmit the same to the Union. In no instance shall the required contribution exceed a
pro rata shaze of the specific expenses incurred for services rendered by the representative
in relationship to negotiations and administration of grievance procedures. It is also
understood that in the event the City shal] make an improper fair shaze deduction from the
earnings of an employee, the Union shall be obligated to make the City whole to the extent
that the City shall be required to reimburse such employee for any amount improperly
withheld. This provision shall remain operative oniy so long as specificatly provided by
Minnesota law, and as otherwise legal.
5.3 The Union aa ees to indemnify and hold the Employer hatmless against any and all claims,
suits, order or judgments brought or issued against the City as a result of any action taken
or not taken by the City under the provisions of this Article.
5.4 The Union agrees that a service fee of one dollaz ($1.00) per member, per month shall be
deducted by the City of Saint Paul from the amount withheid for dues or fair shate prior to
remittance of dues or fair share to the Union.
•
ARTICLE 6 - MATERNITY/PARENTAL LEAVE
6.1 MatemitylPazental leave. Maternity is defined as the physical state of pregnancy on an
employee, commencing eight (8) months before the estimated date of childbirth, as •
determined by a physician, and ending sut (6) months after the date of such birth. In the
event of an empioyee's pregnancy, the employee may apply for leave without pay at any
time during the period stated above and the Emptoyer may approve such leave at its
option, and such leave may be no longer than one (1) yeaz.
Pregnant employees of the City of Saint Paul shall be eligible for the use of paid sick leave
and unpaid leave of absence in the same manner as any other disabled or ill City employee.
Such paid sick leave eligibility shall begin upon certification by the employee's attending
physician that the employee is disabled in terms of her ability to perform the duties of her
position.
6.2 A twelve (l2) month Parental leave of absence without pay shall be granted to a natural
pazent or an adoptive parent, who requests such leave in conjunction with the birth or
adoption of a child. Such leave may be eactended an additional twelve (12) months by
mutual agreement between the employee and the Employer. Refusal on the part of the
Employer to grant an extension of such leave shall not be subject to the provisions of
Article 9 of this Agreement. Employees who retum following such leaves of absence shall
be placed in a position of equivalent salary and tenure as the one held just prior to the
beginning of their leave.
ARTICLE 7 - DISCIPLINE
7.1 The Employer may discipline employees in any ofthe forms listed beiow:
7.1(1) Oral reprimand;
7.1(2) Written reprimand;
7.1(3) Suspension;
7.1(4) Demotion;
7.1(5) Discharge
The Employer will discipline for just cause only.
7.2 Discharges will be preceded by a five (5) working day preliminary suspensiott without pay.
During said period the employee and/or Union may request, and shall be entiUed to a
meeting with the Employer representative who initiated the suspension with intent to
discharge. Duting the five (5) day period, the Employer may affirm the suspension and
dischazge in accordance with Civil Service Rules or may modify, or withdraw same.
•
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ARTICLE 8- STRIKES, LOCKOUTS, WORK INTERFERENCE
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8.1 The Union and the Employer agree that there shall be no strikes, work stoppages, _
slow-downs, sitdown, stay-in, or other concerted interference with the Employer's
business or affairs by said Union and/or members thereof, and there shall be no bannering
during the existence of this Agreement without first using all possible means of peaceful
settlement of any controversy which may arise. Employees engaging in same shall be
liable for disciplinary action.
8.2 No lockout, or refusal to aliow employees to perform available work, shall be instituted by
the Employer and/or its appointing authorities duting the life of this Agreement.
ARTICLE 9 - GRIEVANCE PROCEDURE
9.1 A grievance is defined as a dispute or disagreement as to the interpretation or application
of the specific terms and conditions of this Agreement. The procedure established by this
Article shall be the sole and exclusive procedure for the processing of grievances.
However, this Article does not abridge grievance rights possessed by eligible veterans
under applicable veterans' rights statutes.
9.2 The Employer will recognize representatives designated by the Union as the grievance
representatives of the bazgaining unit having the duties and responsibilities established by
this Article. The Union shall notify the Employer in writing of the names of such Union
Representatives and of their successors when designated. The Employer shail notify the
Union in writing to its designated representatives.
9.3 It is recognized and accepted by the Union and the Employer that the processing of
grievances as hexeinafter provided is limited by the job duties and responsibilities of the
employees and shall therefore be accomplished during normai working hours when
consistent with such employee duties and responsibilities. The aggrieved employee and an
Union Representative shall be allowed a reasonable amount of time without loss of pay
when a grievance is investigated and presented to the Employer during normal working
hours provided that the employee and Union Representative have notified and received the
approval of designated supervisor and provided that such absence is reasonable and would
not be detrimental to the work programs of the Employer. It is understood that the
Empioyer shall not use the above limitation to hamper the processing of grievances.
9.4 Grievances, as defined by Section 9.1, shall be resoived in conformance with the following
procedure:
Step l. An employee claiming a violation conceraing the interpretation or
application of this Agreement shall, within twenty-one (21) calendar days
after such alleged violation has occurred, present such grievance to the
employee's supervisor as designated by the Employer. The
Employer-designated representative will discuss and give an answer to such
Step 1 grievance within ten (10) calendaz days after receipt. A
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7
ARTICLE 9 - GRIEVANCE PROCEDURE (continued)
grievance not resolved in Step I and appealed to Step 2 shaIl be placed in
writing setting forth the nature of the grievance, the facts on which it is •
based, the provision or provisions of the Agreement allegedly violated, the
remedy requested, and shali be appealed to Step 2 by the Union within
fifteen (15) calendar days after the EmpIoyer-@esignated representative's
final answer in Step 1. Any grievance not appealed in writing to Step 2 by
the Union within fifteen (15) calendar days shall be considered waived.
Step 2. If appealed, the written grievance shall be presented by the Union aad
discussed with the Employer-designated Step 2 representative. The
Employer-designated representative shall give the Union Employer's Step 2
answer in writing within ten (10) calendar days foliowing the
Employer-designated representative's final Step 2 answer. Any grievance
not appealed in writing to Step 3 by the Union within ten (10) calendar
days shall be considered waived.
Step 3. If appealed, the written grievance shall be presented by the Union and
discussed witii the Employer-designated Step 3 representafive. The
Employer-designated representative shall give the Union the Employer s
answer in writing within ten (10) calendaz days after receipt of such Step 3
grievance. A gievance not resolved in Step 3 may be appealed to Steg 4
within ten {I O) calendar days following the Employer-designated
representarive's finai answer in Step 3. Any grievance not appealed in •
writing to Step 4 by the iJnion within ten (10) calendaz days shall be
considered waived.
Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall
be submitted to azbitration subject to the provisions of the Pubiic
Employment Labor Relations Act of 1971, as amended. The azbitration
proceedings shall be conducted by an azbitrator to be selected from a
permanent panel of five (5} azbitrators. Arbitrators shall be selected by lot
within twenty (20) work days after notice has been given. The permanent
panel of azbitrators shall be mutually agreed to by the Employer and the
Union no later than 7anuary 1, 1992 or the date this Agreement is signed by
the Employer and Union, whichever is later.
In the event the Employer and the Union cannot mutually agree to five (5)
azbitrators for the permanent panel, the parties will petition the birector of
the Bureau of Mediation Services for a list of ten (10) azbitrators for each
panel member for which the parties did not mutually agree. T'he parties
shall altemately strike names from such list(s), the Employer striking fust,
until one (1) name remains. Vacancies occurring on the permanent panel
during the life of this Agreement shall be filled by mutual agreement of
•
ARTICLE 9 - GRIEVANCE PROCEDURE (continued) ,��,${�
' the parties. If the parties cannot mutually agree, the vacancy shall be filled
� by the process noted in the preceding pazagraph. T'his arbitrator selection
process shall be effective only for the duration of this Agreement unless
both parties mutuaily agee to extend such provisions.
Step 5. The azbi�ator shall have no right to amend, modify, nullify, ignore the
terms and conditions of this Agreement. The azbitrator shall consider and
decide only the specific issue(s) submitted in writing by the Employer and
the Union, and shall have no authority to make a decision on any other
issue not so submitted. The azbitrator shall be without power to make
decisions contrary to, or inconsistent with, or modifying or varying in
anyway the application of laws, rules, or regulations having the force and
effect of law. The azbitrator's decision shall be submitted in writing, copies
to both parties and the Bureau of Mediation Service within thirty (30) days
following the 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 binding on both the Employer and the Union and shall be based
solely on the azbitrator's interpretation or application of the express terms
of this Agreement and to the facts of the grievance presented.
9.5 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 parry desires a verbatim
� record of the proceedings, it may cause such a record to be made, providing it pays for the
record. If both parties desire a verbatim record of the proceedings the cost shal] be shazed
equally.
9.6 If a grievance is not presented within the time limits set forth above, it shail be considered
"waived". If a grievance is not appealed to the next step within the specified time limit or
any agreed extension thereof, it shall be considered settled on the basis of the Employer's
last answer. If the Empioyer does not answer a grievance or an appeal thereof within the
specified time limits, the iJNION may elect to treat the grievance to the next step. The
time limit in each step may be extended by mutual written agreement of the Employer and
the Union in each step.
ARTICLE 10 - WAGES/MERIT PAY
lo.l Effective 7anuary 2, 1999 all salary rates applicable to titles in this bazgaining unit shall be
increased two percent (2.0%). Effective July 3, 1999 ali salary rates applicabie to titles in
this bazgaining unit shall be increased one half percent (0.5%).
�
ARTICLE 10 - WAGES/MERIT PAY (continued)
10.2 Bargaining �nit members empioyed by the City Attomey's Office as ofthe finai date of �
signing this labor agreement shall receive wage and benefit contribution increases
retroactive to January 2, 1999 for time worked or paid up to the date of execution.
The City shall conduct a job study which shall be completed in December 1999 or as soon
thereafter as is possible, and which may be used by the parties for negotiation of a
successor labor agreement in 2000. The study shall consist of an intemal analysis and an
e�ctemal mazket comparison.
The City Attomey and the Union agree to establish a joint Labor/Management Committee
(LMC) on an experirnental basis for the duration of this Agreement or until the job study
is completed, wttichever is later. The Committee shall noi be carried forward into any
successor agreement unless both parties renew it in writing in that Agreement. The LMC
shall be composed of no more than three representa6ves each from the Union and the City
Attomey. The LMC shall have no authority to discuss or resolve terms and conditions of
employment (negotiable matters) or grievances pursuant to the Agreement.
103 In addition to the wages set forth in this agreement, there shall be a designated amount of
money provided by the employer to be used as merit pay. This amount shall be provided
on a yeazly basis and shall be an amount equal to 1.5 percent of the payroll for tlus
bazgaining unit which existed on 7une 10, 1994, and which is an amount of $31,978.00.
The provisions of this article shall become effective on July 1, 1996. �
10.4 Each yeaz the City Attomey shall determine which members of this bazgaining unit shall be
entitled to such merit pay. In making such a determinafion, the City Attomey will
consider, among other things, the salary levels of attorneys in eompazable public sector
employments and in the private sector. Such merit pay raises shall be effective on the first
full pay period following July lst of each yeaz. The City Artomey shall make a reasonable
good faith effort to make such decision by July 1 st of each applicable year. If for some
reason, the City Attorney can not make such decision by that date, the decision, once
made, shall apply retroactively to the first full pay period after July 1 st of that yeaz. The
decision of the City Attomey as to who shall receive such merit raises shall be at the sole
discretion of the City Attorney and shall not be subject to the grievance procedure of this
agreement nor shall it be subject to azbitration.
10.5 For 1999 only, the City Attomey agrees to suspend his discretion to award merit pay and
to utilize the entire amount to provide intemal equity adjushnents. (Suspends 103, 10.4
and 10.7 for 1999.) Furthermore, the Employer agrees that for the yeaz 1999 only it shall
supplement the aforementioned $31,978.00 to fully fund equity adjustments as follows:
C�
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ARTICLE 10 - WAGES/MERIT PAY (continued)
a����
� Employees with State Baz Dates between 1986 and 1989 shall receive a base
adjustment of $4,500.00; between 1990 and 1993, $4,000.00; between 1994 and
I 995, $2,000.00; and 1996, a non-recurting lump sum in the amount of $600.00,
provided that they were empioyed by the City Attomey's Office as attomeys and
have worked since 1997. Employees who have job-shared in I999 receive 1/2 of
the equity adjustment retroactively, with the full adjustment added to their base
salary.
10.6 The on base merit pay may be granted in units of $500 or in step increases as established
in the current wage schedules. Non base merit increases may be gtanted in units of $500.
There shall be no limit, on either base or non base, on the amount of inerit pay that may be
granted pursuant to this article. The amount of such merit pay may be as little as$500 in
both on base and non base merit raises. Smaller amounts may be added to a$500 unit or
to a step increase so as to exhaust the funds available for merit increases in a particular
yeaz. The City Attomey reserves the right to increase salaries during the mid-term of the
Agreement for internal promotion, equity treatment, assumprion of increased responsibility
or authority, retention or other business-related reasons, as long as the funding does not
come from the merit pool, general wage adjushnent or 1999 equity pool. The decision of
the City Attorney, both as to the amount of such merit raise and as to the method by
which it shall be given, shall be at the sole discretion of the City Attorney and shall not be
subject to the grievance procedure of this agreement, nor shall it be subject to azbitration.
� 10.7 On-base merit pay will be awazded effective beginning July 1 in a totai annualized amount
equal to $21, 318.65. This means that approximately one-haif of this amount will be paid
from July 1 through December 31 in approximately equal amounts each pay period and
that the remainder in like fashion wiil be paid out from January 1 through on or about June
30.
ARTTCLE 11 - SAVING CLAUSE
i I.1 This Agreement is subject to the laws of the United States, the State of Minnesota. In the
event any provisions of this Agreement shall be held to be contrary to law by a court of
competent jurisdiction from whose final judgment or decree no appeal has been taken
within the time provided, such provisions shall be voided. All other provisions shali
continue in full force and effect. The voided provision may be renegotiated at the written
request of either parry. All other provisions of this Agreement shall continue in full force
and effect.
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11
ARTICLE 12 - INSURANCE
Retiree Insurance
12.1 Employees who retire must meet the following conditions at the time of retirement in
order to be eligible for the Employer contributions, listed in Sections 12.2 through 12.5
below, toward a health insurance plan offered by the Employer:
12.1(1) Be receiving benefits from a public employee retirement act at the time of
retirement, and
12.1(2) Have severed his/her relationship with the City of Saint Paul for reasons
other than misconduct, and
121(3) Have completed at least 20 years with the City of Saint Paul.
Early Retirees
12.2 This Section shall apply to full time empioyees who:
12.2(i) Retire on or after January 1, 1996, and
12.2(2) Were appointed on or before December 31, 1995, and
12.2(3) Have not attained age 65 at retirement, and
12.2(4) Meet the terms set forth in Section 12.1 above, and
12.2(5) Select a health insurance plan offered by the Employer
Until such employees reach sixty-five (65) yeazs of age, the Employer agrees that for
retirees selecting single coverage, the Employer will provide the same conizibution as is
pro��ided for active employees selecting single coverage under this agreement. This
amount, however, shall not exceed $350 per month.
For employees selecting family health insurance coverage, the Employer will contribute
$� 50 per month toward the premium for family health insurance coverage. Any unused
portion of the Employer's contribution shall not be paid to the retiree.
When such early retiree attains age 65, the provisions of Section 12.4 will apply.
123 This Section shall appiy to full time employees who:
123(1) Retire on or after January 1, 1996, and
123(2) Were appointed on or after January 1, 1996, and
123(3) Have not attained age 65 at retirement, and
123(4) Meet the conditions of Section 12.1 above, and
123(5) Select a health insurance plan offered by the Employer.
Until such retirees reach sixty-five (65) yeazs of age, the Employer agrees to contribute a
m�imuxn of $300.00 per month toward the cost of single or family health insurance
coverage. Any unused portion shall not be paid to the retiree.
�
�
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12
�
ARTICLE 12 - INSURANCE (continued)
12.4
� 3
The Employer agrees to contribute a maximum of $550.00 per month towazd the
premium for singie or family health insurance coverage offered by the Employer to
regulaz retirees and their dependents. Any unused portion of the Employer's
contribution shall not be paid to the retiree.
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•
12.5
When such eazly retiree attains age 65, the provisions of Section 12.5 shall apply.
Regular Retirees (Age 65 and over)
This Section shall apply to full time employees who:
12.4(1) Retire on or after January 1, 1996, and
12.4(2) Were appointed on or before December 31, 1995, and
12.4(3) Have not attained age 65 at retirement, and
12.4(4) Meet the terms set forth in Section 12.1 above, and
12.4(5) Select a health insurance plan offered by the Employer
This Section shall also apply to eazly retirees who retired under the provisions of Section
12.2 when such retirees attain age 65.
12.5(1) Retire on or after January 1, 1996, and
12.5(2) Were appointed on or aRer January l, 1996, and
12.5(3) Have not attained age 65 at retirement, and
12.5(4) Meet the conditions of Section 12.1 above, and
12.5(5) Select a health insurance plan offered by the Employer.
This Section shall apply to full time employees who:
The Employer agrees to contribute a m�imum of $300.00 per month toward the cost of
single or family health insurance coverage offered to regular retirees and their dependents.
Any unused portion shall not be paid to the retiree.
This Section shall also apply to eazly retirees who rerired under the provisions of Section
12.3 when such early retirees attain age 65.
12.6 If an employee does not meet the conditions of Section 12.1(3), but has completed at least
ten (10) years of service with the City, he/she may pwchase single or family health
insurance coverage through the Employer's insurance program. The total cost of such
insurance coverage shali be paid by the retiree.
12.7 A retiree may not carry his/her spouse as a dependent if such spouse is also a City retiree
or City employee and eligible for and is enrolled in the City health inswance program.
13
ARTICLE 12 - INSURANCE (Continued)
Survivor Insurance
12.8 The surviving spouse of an employee carrying family coverage at the time of his/her death
due to a job connected injury or illness which was determined to have arisen out of and in
the course of his/her employment under worker's compensation law shall continue to be
eligible for city contribution in the same proportions as is provided for retired employees.
In the event of the death of an eazly retiree or a regulaz retiree, the dependents of the
retiree shall have the option, within thirty (30) days, to continue the current
hospitalization and medical benefits which said dependents previously had, at the premium
and Employer contribution accorded to the eligible deceased retiree.
It is fiuther understood that coverage shall cease in the event o£
12.8(1) Subsequent remarriage of the surviving spouse of the deceased employee
or retiree.
�
12.8(2) The employment of the surviving spouse or dependent where fieaitfi
insurance is obtained through a group program provided by said Employer.
In this event, however, the surviving spouse or dependent shall have the
right to maintain Ciry heaith insurance for the first ninety (90) days of said
employment.
Active Employee Insurance �
12.9 For full-time employees who select single health insurance coverage, effective for the
January, 1999 insurance premiums, the Employer agrees to contribute $289.83 per month.
For three-quarter time employees who select single health insurance coverage, the
Employer's contribution shall be $21737 per month. For half-time employees who select
single health inswance coverage, the Employer's conttibution shall be $144.92 per month.
For full-time employees who select family health insurance coverage, effective for the
January, 1999 insurance premiums, the Employer agrees to contribute $312.47 per month.
For three-quarter time employees who select family health insurance coverage, the
Employer's contribution shall be $23435 per month. For half-time employees who select
family health insurance coverage, the Employer's contdbution shall be $156.24 per month.
Effective January 1, 1993, employees shall not use pre-tax Employer contribution
insurance dollars for the purchase of long term or short term disability coverage.
.
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ARTICLE 12 - INSURANCE (Continued)
�q�$�
� Part-time employees who are permanentiy appointed to a full-time (80 hours per
biweekly period) position after the commencement of the plan yeaz, shall be made eligible
for the full-time benefits after they have compieted at least forty hours in a monthly
qualifying pay period as a fuil-time empioyee. Fuil-time employees who aze
permanently appointed to a part-time (less than 80 hours per biweekly period) position
after the commencement of the plan year shall be reduced to the benefit levei
applicable for the hours scheduled by the department. Such reduction shall take effect on
the first month the employee does not complete a monthly qualifying pay period as a full-
time employee.
12.10 For the purpose of this Article, full-time employment is defined as appearing on the
payroll an average of at least 32 hours per week for the twelve (12) month period
preceding the annual open enrollment or special enrollments or the six (6) month period
preceding initial enroliment.
Three-quarter time employment is defined as appearing on the payroll an average of at
least 26 hours per week but less than 32 hours per week for the twelve (12) month period
preceding the annual open enrollment or special enrollments or the six (6) month period
preceding initial enrollment.
Half-time employment is defined as appearing on the payroll an average of at least 20
• hours per week but less than 26 hours per week for the twelve (12) month period
preceding the annual open enroilment or special enrollments of the six (6) month period
preceding initial enrollment.
12.1 I Under the "Cafeteria Plan" all eligible empioyees regazdless of the number of average
hours worked must select at least single coverage hospital-medical insurance and
employee life insurance in an amount $5000. Any unused portion of the Employer's
contribution, for which an employee is eligible, is defined as unused benefit dollazs, not
salary, and shall be paid to the employee as taYabie income. Such payment will be made
during the month of December for the insurance yeaz. For employees who temvnate their
employment with the City of Saint Paul, such payment shall be made within 90 days
following termination.
12.12 The contributions indicated in this Article 12 shall be paid to a third party administrator
and shall not be considered salary.
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15
ARTICLE 13 - VACATION
13.I Vacation credits shall accumuIate at the rates shown below for each full hour on the
payroll, excluding overtime.
Years of Service
1 st year thru 8th yeaz
9th yearthru 15th year
16th yeaz and thereafter
Hours of Vacation
.0577
.0770
.0962
13.2 The head of the department may permit an employee to carry over into the "vacation yeaz"
up to one hundred twenty (120) hours of vacation. For the purpose of this article the
"vacation year" shall be the fiscal yeaz (IRS payroll reporting year).
133 The above provisions of vacation shali be subject to the Saint Paul Salary Plan and Rates
of Compensation, Section I, Sub. H.
13.4 If an employee has an accumulation of sick leave credits in excess of one hundred and
eighty days, he may convert any part of such excess of vacation at the rate of one-half
day's vacation for each day of sick leave credit. No employee may convert more than ten
(10) days of sick leave in each calendar year under this provision.
ARTICLE 14 - HOLIDAYS
14.1 Holidays recognized and observed.
as paid holidays.
New Yeaz's Day
Martin Luther King Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
The following days shall be recognized and observed
Veterans' Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
Two floating holidays
•
�
Eligible employees shall receive pay for each of the holidays listed above, on which they
perform no work. Whenever any of the holidays listed above shali fall on Saturday, the
preceding Friday shatl be observed as the holiday. Whenever any of the holidays listed
above shall fall on Sunday, the succeeding Monday shall be observed as the holiday.
14.2 The floating holidays set forth in Section 14.1 above may be taken at anytime during the
contract yeaz, subject to the approval of the Department Head of any employee.
143 Eligibility Requirements. In order to be eligible for a holiday with pay, an employee's
name must appeaz on the payroll on any six working days of the nine working days
preceding the holiday; or an employee's name must appeaz 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
�
T�
ARTICLE 14 - HOLIDAYS (continued)
. nor other employees not heretofore eligible shall receive holiday pay.
14.4 Notu�ithstanding 143, a temporary employee shall be eligible for holiday pay after such
employee has been employed as a temporary employee for siaty-seven (67) consecutive
work days. No temporary employee shall be eligible for any floating holidays.
ARTICLE 15 - LEAVES OF ABSENCE
15.1 Each eligible employee shall accumulate sick leave credits at the rate of .0576 of a
working hour for each full hour on the payroll, excluding overtime.
15.2 Any employee who has accumulated sick leave credits as provided above shail be granted
leave with pay, for such period of ume as the head of the department deems necessary, on
account of sickness or injury of the empioyee, quarantine established and declazed by the
Bureau of Health, death of the employee's mother, father, spouse, child, brother, sister,
mother-in-law, father-in-law, or other person who is a member of the household; and may
be granted leave with pay for such time as is actually necessary for office visits to a
doctor, dentast, optometrist, etc., or in the case of sudden sickness or disability of a
member of his household, making arrangements for the care of such sick or disabled
persons up to a maximum of eight hours sick leave.
• An employee may use personal sick leave benefits provided by the Employer for
absences due to an illness for injury to the employee's child for such reasonable periods
as the employee's attendance with the child may be necessary, on the same tertns the
employee is able to use sick leave benefits for the employee's own illness or injury. This
section applies only to personal sick leave benefits payable to the employee from the
Employer's general assets. For purposes of this section, "personal sick leave benefits"
means time accrued and available to an employee to be used as a result of absence from
work due to personal illness or injury, but does not include short-term or long-term
disability or other salary continuation benefits.
15.3 Any employee who has accumulated sick leave credits, as provided in the Civil Service
Rules, shall be granted one day of such leave to attend the funeral of the employee's
grandpazent or grandchild.
15.4 An employee shall be granted up to a total of sixteen (16) hours during a school yeaz to
attend school conferences or ciassroom activities related to the employee's child, provided
the conferences or classroom activities cannot be scheduled during non-work hours.
When the leave cannot be scheduled during non-work hours and the need for the leave is
foreseeable, the employee must provide reasonable prior notice of the leave and make a
reasonable effort to schedule the leave so as not to disrupt unduly the operation of the
Employer. An employee shall be allowed to use vacation or compensatory time for this
leave; otherwise, this leave shall be without pay.
•
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ARTICLE 15 - LEAVES OF ABSENCE (continued)
15.5 Voluntary Unpaid Leave of Absence. A full-time employee may be granted up to 480 •
hours of voluntary leave of absence without pay during the fiscal yeaz. During such leave
of absence, the employee shall continue to earn and accrue vacation and sick leave,
seniority credits and maintain insurance eligibility as though he or she was on the payroll.
Any leave of absence granted under this provision is subject to the approval of the
Deparnnent Head.
15.6 Adoption Leave. In case of an employee adoprion of a child up to five yeazs of age,
employees shall be permitted to carry over into the following fiscal year up to 80
additional hours of accrued vacation time each yeaz up to a total of 240 hours.
For up to two years from ttte date of the execurion of this Agreement, employees may
additionally borrow up to 80 hours of unaccrued vacation rime from the neat fiscal year.
These two adoption provisions shall apply only to one City employee in the event that
both adoptive pazents aze City employees.
15.7 Empioyees will be granted leaves of absence in accordance with the Family Medicai
Leave Act (FMLA). The employer agrees that under FMLA each eligible employee is
entit2ed to take up to twelve (12} weeks of unpaid leave (available sick leave may be used
if otherwise provided in this agreement) in any twelve month period for any of the
following reasons:
• Birth of a child of the empioyee and in order to caze for the child. •
• Placement of a child with an employee for adoption or foster caze.
• Take time off from work because of the employee's own serious health condition.
• In order to caze for the spouse, pazent or child of the employee when said spouse,
pazent or child has a serious health condition.
ARTICLE 16 - NON-DISCRIMINATION
16.1 The terms and conditions of this Agreement will be applied to employees equally without
regazd to, or discrimination for or against, any individual because of race, color, creed,
sex, age, or because of inemberslrip or non-membership in the Union.
16.2 Employees will perform their duties and responsibiliGes in a non-discriro;natory manner as
such duties and responsibilities involve other employees and the general public.
•
��'.3
ARTICLE 17 - LEGAL SERVICES
- �q ��
' 17.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the Empioyer
• shall defend save harmiess and indemnify employee against tort claim or demand whether
groundless or othenvise arising out of alleged acts or omission occurring in the
performance or scope of the employee's duties.
17.2 Not�sithstaziding Article 17.1, the Employer shall not be responsible for paying any legal
service fee or for providing any legal service arising from any legal action where the
employee is the Plaintiff.
ARTICLE 18 - SENIORITY
18.1 Seniority, for the purpose of this Agreement, shall be defined as follows: The length of
continuous, regulaz or probationary service with the Bmpioyer from the date an employee
was first certified and appointed to a class title covered by this Agreement, it being further
understood that seniority is confined to the current class title held by an employee. In
cases where two or more employees aze appointed to the same class title on the same date,
the seniority shall be determined by the last date of hire with the Employer. It is
understood that employees wiil pick up their former seniority date upon return to any class
title that they previously held.
18.2 Seniority shall terminate when an employee retires, resigns, or is dischazged.
18.3 In the event it is determined by the Empioyer that it is necessary to reduce the work force,
• employees will be laid off by class title within each department based on inverse length of
seniority as defined above.
18.4 In cases where there aze promotional series, such as Attorney I, II, III, etc., when the
number of employees in these higher litles is to be reduced, employees who have held
lower titles in the series which aze in this bazgaining unit will be offered reductions to the
highest of these titles to which class seniority would keep them from being laid off, before
layoffs are made in any class title within any department.
18.5 Empioyees who have held class titles represented by this bazgaining unit who subsequently
accept appointments or assignments to Attomey positions which aze not represented by
this bazgaining unit shali be allowed, in all cases, to return to the cunently or previously
held class title represented by this bazgaining unit upon completion of such appointments
or assignments.
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19
ARTICLE 19 - CITY MILEAGE
19.1 Automobile Reimbursement Authorized - Pursuant to Chapter 33 ofthe Saint Paul
Administrative Code, as amended, pertaining to reimbursement of City officers and •
employees for the use of their own automobiles in the performance of their duUes, the
foliowing provisions are adopted.
19.2 Method of Computation - To be eligible for such reimbursement, all officers and employees
must receive written authorization from the Department Head.
Type 1- If an employee is required to use hislher own automobile OCCASIONALLY
during employment, the employee shall be reimbursed at the rate of $4.00 per day for
each day the employee's vehicle is actually used in perfornung the duties of the employee's
position. In addition, the employee shall be reimbursed $0.20 per mile for each mile
actually driven.
If such employee is required to drive an automobile during employment and the
department head or designated representative determines that an employer vehicle is
available for the employee's use but the employee desires to use lus/her own automobile,
then the employee sha11 be reimbursed at the rate of $0.20 per mile driven and shall not be
eligible for any per diem.
Type 2- If an empioyee is required to use his/her own automobile REGULARLY during
employment, the employee shall be reimbursed at the rate of $4.00 per day for each day
of work. In addition, the employee shaIl be reimbursed $0.2Q per miie for each mile
actually driven.
If such employee is required to drive an automobile during employment and the •
department head or designated representarive detemunes that att employer vehicle is
available for the employee's use but the employee desires to ase his/her own automobite,
then the employee shall be reimbursed at the rate of $0.20 per mile driven and shali not be
eligible for any per diem.
This Section 19.2 shall become effective February 1, 1994.
193 The City will provide pazking at the Civic Center Parking Ramp for City employees on either
of the above mentioned types of reimbursement plans who are required to have their personal
caz available for City business. Such pazking will be provided only for the days the employee
is required to have his or her own personal car available.
19.4 Rules and Regulations - The Mayor shall adopt rules and regulations goveming the
procedures for automobile reimbursement, which regulations and rules shall contain the
requirement that recipients shall file daily reports indicating tniles driven and shall file monthly
�davits stating the number of days worked and the number of miles driven, and further
require that they maintain automobile liability insurance in amounts of not less than
$100,000/$300,000 for personal injury, and $25,000 for properry damage, or liability
insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul
named as an additional insured. These rules and regulations, together with the amendment •
thereto, shall be maintained on file with the City Clerk.
i�l]
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ARTICLE 20 - DiJI2ATION AND EFFECTIVE DATE
20.1 Complete Agreement With Waiver of Bargaining. This Agreement shall represent the
complete Agreement between the Union and the Empioyer. The parties acl�owledge that
during the negotiations which resulted in this Agreement, each had the unlimited right and
opporiunity to make requests and proposals with respect to any subject or matter not
removed by law from the azea of collective bargainiug, and that the complete understandings
and agreements arrived at by the parties after the exercise of that right and oppornmity aze
set forth in t7us Agreement. Therefore, the Employer and the Union, for the life of this
Agreement, each voluntarily and unqualifiedly waives the right, and each agtees thax the
other shall not be obligated to bazgain collectively with respect to any subject or matter
referred to or covered in this Agreement.
20.2 Except as herein provided this Agreement shall be effective as of January 1, 1999 and sha11
continue in full force and effect thru December 31, 1999, 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 1984.
203 This constitutes a tentative agreement beiween the parties which will be recommended by
the Director of Labor Relations, but is subject to the approval of the Administration of the
City, the City Council and is also subject to the ratification by the Union.
WITNESSES
CITY OF SAINT PAUL
�
Ter � altiner
Labor Relations Manager
r�,/z�/ �g
Date
LOCAL iTNION NO. 3757, DISTRICT
COUNCIL NO. 14 OF THE AMERICAN
FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES LEGAL
.
Je Ser g
As ' tant �rector
/ �� f`�. ��! � �
:� f�
- �-
�-a�-9 �
Date
21
,
.
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APPENDIX A �q �53
Salary ranges applicable to tifles covered by this Agreement shall be as shown below:
GRADE l IR
1� . � •:►1
A B C D E F G 10-yr. 15-yr.
Ci? � � � � C ��) �g) �
O l/02/99 1477.51 1529.48 15 82.5 8 1652.10 1723.85 I 799.70 18 78.70 1925.46 1978.49
07/03/99 1484.90 1537.13 1590.49 166036 1732.47 1808.70 I 888.09 1935.09 198838
C::� �:
705 ATTORNEY II
O1/02/99 1595.99 1652.10 171034 1785.14 1864.15 194732 2035.64 2089.71 2143.75
07/03/99 1603.97 1660.36 1718.89 1794.07 1873.47 1957.06 2045.82 2100.16 2154.47
GRADE 20R
706 ATTORNEY III
Ol/02/99 1864.61 1929.03 1995.55 2083.94 317435 2271.00 2372.88 2433.16 2498.64
. 07/03/99 1873.93 1938.68 2005.53 209436 2185.22 228236 2384.74 244532 2511.13
,e1:7_U7�I►i1:7
707 ATTORNEY IV
O1/02/99 1916.16 1985.76 2055.41 214791 2245.60 2348.50 2453.50 2522.11 2589.64
07/03/99 1925.74 1995.69 2065.69 2158.65 2256.83 2360.24 2465.77 2534.72 2602.59
..� ..
708 ATTORNEY V
•
O1/02/99 2290.29 2373.46 2459.75 2572.00 2690.47 2814.19 2944.09 3027.27 310937
07/03/99 2301.74 238533 2472.05 2584.86 2703.92 2828.26 2958.81 3042.41 3124.92
A-1
s
•
APPENDIX A - (Continued)
.e77_\7�7G117
709 ATTORNEY VI
A B C D E F G 10-yr. 15-yr.
�1) �2) �3) �4) �5) �6) �'� �g) �9)
01/02/99 2482.60 2573.04 2668.66 2791.29 2921.25 305637 3198.74 3289.15 3378.59
07/03/99 2495.01 2585.91 2682.00 2805.25 2935.86 3071.65 3214.73 3305.60 3395.48
GRADE 33R
044A ATTORNEY VII
01/02/99 2621.88 2717.52 2817.29 294931 3086.48 3230.97 3382.72 3476.28 3570.86
07/03/99 2634.99 2731.11 283138 2964.06 3101.91 3247.12 3399.63 3493.66 3588.71
;:� �:
232A ATTORNEY VIII
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O1/02/99 2698.05 2796.53 289933 303531 3176.63 3325.40 3481.71 3578.07 3675.50
07/03/99 2711.54 2810.51 2913.83 3050.49 3192.51 3342.03 3499.12 3595.96 3693.88
�q,g�
A-2
APPENDIX B - WORK SCHEDULES � � `�`�
•
. 1.1 Ali bazgaining unit employees are exempt from the overtime pay provisions of the federal Fair
Labor Standards Act and similaz state legislation as professional empioyees and are salaried
empioyees of the City who aze not compensated on an hourly basis.
1.2 The normal work schedule for fu11-time employees covered by this Agreement shall consist of a
minimum of eighty (80) hours within each biweekly payroll period. Employees aze generally
expected to be working during the normai business hours, weekdays between 8:00 am. and 5:00
p.m., or as otherwise established by the Employer for the employee's work group, subject to the
leave provisions of this Agreement, and applicable state and federal statutes. Due to the nature of
their work, however, the job duties of persons in this bazgaining unit may require the employees to
work irregulaz hours, and work on holidays and weekends. Such work requirements aze considered
an integral part of the job. Therefore, maintaining consistent starting and quitting times and
scheduling specific numbers of hours worked in any day or week may be impractical. Where their
assigned duties and responsibilities permit, however, and where their Deparhnent Head ar
Supervisor approves, bazgaining unit employees may exercise reasonable and prudent discretion in
scheduling or varying the normal business hours at which their work is performed.
13 Employees who work more than eighty (80) hours in a two-week payroll period may be granted
compensatory time with the appxoval of their department head or his/her designee. If granted,
compensatory time will be based on a straight time hour for hour basis for time that the supervisor
approves.
* 1.4 Compensatory time off sha11 be scheduled and approved in advance. Employees and their
supervisors shail diligenfly work together to schedule compensatory time off so fhat empioyees may
make maximum use of their accrued compensatory time without unreasonably disrupting the
business of the Employer.
1.5 Employees leaving the City or the City Attomey's Office must use up any accnxed compensatory
time and shall not be paid for it under any circumstances.
1.6 Employees and the Union accept the fact that employees aze required to attend to the ethical
obligations associated with the prac6ce of law, must act to fully serve the needs of their clients and
aze obiigated to observe scheduled court appeazances, depositions, agency and other scheduled
meetings, and other such requirements of the practice of law, and agree that this provision affecting
hours of work does not remove those requirements.
1.7 Decisions made or not made under this clause on any individual case aze not grievable or azbitrable_
However, systematic or repeated decisions which aze contrary to the spirit of this Appendix may be
grieved under the pzocess set forth in Article 9.
1.8 The City and the Union agree that this modification of hours of work is experimental and sha11 not
extend beyond one (1) yeaz from the date of execution of this Agreement unless both parties act
�rmatively fo renew or modify this clause in bazgaining fox the yeaz 2000 or later.
I 1
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a-i
Councii File # ��
�3R�Gt�tA�.
Presented
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Green Sheet #_08902_
��
Referred To Committee Date
1
7
RESOLVED, that the Council ofthe City of Saint Paul hereby approves and ratifies the attached 1999
Collective Bargaining Agreement between the City of Saint Paul and AFSCME Loca13757-Legal.
P. � � r
ATTACfIMENT TO TI� GREEN SHEET
AFSCME LOCAL 3757 - LEGAL
q°l-�'S3
Below is a sumuiary of the changes in the collective bazgaining agreement between the City of
Saint Paul and the AFSCME Local 3757 - Legal. The new contract is for the period of January
1, 1999 tluough December 31, 1999.
Wages:
1999: 2.5% (Split: 2.0% effective Ol/02/99, 0.5% effective 07/03/99)
The merit pay system and associated money was suspended for 1999. This money plus
additional funds were put into equity adjustrnents far 17 employees with State Baz Dates
between 1986 and 1995 and a lump sum payment to two employees with a State Bar Date
of 1996. The purpose of this action was to address mutually identified pay disparities for
lower and middle level attorneys as compared to outside rates. A classification and
compensation study by Human Resources is curcently being done t� ensure all attorney
positions receive equitable compensafion.
Health Insurance:
1999: Single
Family
Severance:
$289.83 per month
$312.47 per month
Payments were increased as follows:
Years of Service with the City
At Least 20
21
22
23
24
25
Retroactivity:
Mar.imum Severance Pay
from $4,000
4,600
5,200
5,800
6,400
7,000
to
to
to
to
to
to
$5,000
$6,000
$7,000
$8,000
$9,000
$10,000
Wages and benefits are retroactive to O1/Ol/99 for those employees in the bargaining unit at the
time of signing.
qq'8S3
Language Changes:
Several language changes were made in this agreement. The following is a summary.
LMC: An experimental Labor Management Committee was formed.
Job Filling Nofices: The City Attorney agreed to notify employees of a vacancy which
the CiTy Attorney intends to fill and to permit employees to express interest in the
vacancy.
Flex-time: Creation of an experimental flex-time and compensatory time system.
Leaves: Added language covering use of sick leaue to caze for a sick child, grant leave to
attend school conferences or classroom activities related to employee's child and added
Family Medical Leave Act language. (Required for compliance with statutory law.)
Temps: Recognition that temporary employees are included within the bazganung unit
and eligible for holiday pay after 67 consecutive work days.
Other changes to the language aze basically of a housekeeping nahue for clarification and clean
up.
�
DEPARTMENT/OFFICF✓COi]NCIL: DATE INIT7ATED GREEN 5HEET No.• 08902 � {����
LABOR RELATIONS 08/23/99 '
CONTACf PERSON & PHONE: p �N�TIAL/DATE INITIAL/DATE
NLIE KRAUS 266-6488 � � nEP,�xrn�T D�. TH &1=�/4i 4 CITYCOUNCIL
NUMBER Z CITY ATrORNEY�I CITY CLERK
BUDGEf DIR FIN. & MGT. SERVICE DIR.
�1USf BE ON COUNCIL AGENDA BY (DATE) RDU.i.iNG 3 MAYOR (OR ASST.) .
ORDER
TOTAL # OF SIGNATURE PAGES_1 (CLIP ALL LOCATIONS FOR SIGNATURE)
ncrio� xEQUESZ�n: This resolu6on approves the attached 1999 Collective Bazgainuig Agreement between the City of
Saint Paul and AFSCME Loca13757-Legal.
RECOT�IIv1ENDAITONS: Approve (A) or Reject (A) PERSONAL SERVICE CONTRACI'S MUST ANSWER'I'HE FOLLOWING
QUESTiONS:
PLANNING COMMISSION CI VIL SERVICE WMbIISSION 1. Has this person/firm ever worked under a contract for [his department?
CIB COMbIlTTEE Yes No
STAFF � 2. Has chis person/finn ever been a city employee?
DISTRICT COURT Y� �o
Si3PPORTS WHICA COU23CIL OBSECTIYE? 3. Does this persodfinn possess a skdl noi noc[nally possessed by any cuaent city employee?
Yes No
Explain all yes answers on separate sheet and attach to grcen sheet
INITIATING PROBLEM, ISSUE, OPPORTlJNI1'Y (Who, What� When, Where, W6y):
ADVANTACESIFAPPROVED:
DISADVANTAGES IF APPROVED:
DISADVANTAGES IF NOT APPROVED:
TOTAL AMOIJN"I' OF TRANSACTION: COST/REVENUE BODGETED:
FUNDING SOURCE: ACTIVI'I'Y NUMBER:
FINANCIAL INFORMATION: (EXPLAl1V)
A
SEP 0 1 1999
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COLLE�TI�E B'ARGAINING AGREEMENT; . � ,
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INDEX
ARTICLE TITLE PAGE
Preamble ................................................. ii
1 Recognition ................................................1
2 Severance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
3 ManagementRights ..........................................4
4 Residence ..................................................5
5 Check Offand Service Fee ....................................5
6 Matemity/Pazental Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b
7 Discipline ................................................. 6
8 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Grievance Procedure ........................................ 7
10 Wages/MeritPay ............................................9
11 Saving Clause ..............................................11
� 12 Insurance .................................................12
13 Vacation ..................................................16
14 Holidays ..................................................16
15 LeavesofAbsence ..........................................i�
16 Non-Discrimination .........................................18
17 LegalServices .............................................19
18 Seniority ..................................................19
19 City Mileage ...............................................20
20 Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Appendix .............................................. Al
Appendix .............................................. B1
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PREAMBLE
This Agreement entered into between the City of Saint Paul, hereinafter referred to as
either the "Employer" or the "City," and the A.F.S.C.M.E. Loca13757-Legal hereinafter refened
to as the Union, for the purpose of fostering and promoting hazmonious relations between the
City and the Union in order that a high level of public service can be provided to the citizens of
the City.
This Agreement attempts to accomplish this purpose by providing a fuller and more
complete understanding on the part of both the City and the Union of their respective rights and
• responsibilities.
The provisions of this Agreement shali not abrogate the rights and/or duties of the
Employer, the Union, or the employees as established under the provisions of the Public
Employee Labor Relations Act of 1984, as amended.
• ii
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ARTICLE 1 - RECOGNITION
11 The City recognizes the Union as the exclusive representarive for AFSCME Local
3757-Legal, as certified by the State of Minnesota Bureau of Mediation Services, dated
July 29, 1998, Case No. 77 PCL-48. This unit above consists of the following:
Attorney I
Attomey II
Attomey III
Attorney IV
Attomey V
Attomey VI
Attomey VII
Attorney VIII
1.2 Employees employed in the above class titles and assigned to confidential and/or
supervisory positions aze not included in this Agreement.
1.3 It is recognized that temporary employees aze within the unit covered by this Agreement
if they work for more than 67 days per calendaz year or are anticipated upon hire to be
employed greater than 67 days, and meet the hours requirements of Minnesota Statutes
179A.03, subd. 14. A temporary employee, for purposes of this contract, is a person
employed to fill a position of a specific limited duration, not to exceed one yeaz.
Temporary employees shall not be eligible for vacation accrual, holiday pay, sick leave
accrual, health or other insurance premium contributions by the Employer, except as aze
specifically provided for elsewhere in this Agreement.
ARTICLE 2 - SEVERANCE PAY
2.1
2.2
The Employer shail provide a severance pay program as set forth in this Article.
To be eligible for the severance pay program, an employee must meet the following
requirements:
�
2.2(1) The employee must be 58 years of age or oider or must be eligible for pension
under the "rule of 90" provisions of the Public Employees Retirement Association
(PERA). The "rule of 85" or the "rule of 90" criteria shall also apply to empioyees
covered by a public pension plan other than PERA.
2.2(2) The empioyee must be voluntarily sepazated from City employment or have been
subject to separation by layoff or compulsory rerirement. Those employees who
aze dischazged for cause, misconduct, inefficiency, incompetency, or any other
discipiinary reason aze not eligible for the City severance pay program.
2.2(3) 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, employment in either the City or in the Independent School
•
ARTICLE 2 - SEVERANCE PAY (Continued)
District No. 625 may be used in meeting this ten (I O) yeaz service requirement.
2.2(4) The employee must file a waiver of reemployment with the Director of Human •
Resources, which will cleazly indicate that by requesting severance pay, the
employee waives all claims to reinstatement or reemptoyment (of any type}, with
the Ciry or with Independent School District No. 625.
2.2(5) The employee must have accumulated a minimum of siaity (60) days of sick leave
credits at the time of his separation from service.
2.3 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 posirion held by the employee on the date of
sepazation for each day of accrued sick leave subject to a maximum of $6,500.
2.4 The provisions of this Article 2 shall apply only to employees retiring on or after
December 30, 1985.
2.5 For the purpose of this severance program, a death of an employee shall be considered as
separation of employment, and if the employee would have met all of the requirements set
forth above, at the time of his or her death, payment of the severance pay will be made to
the employee's estate or spouse.
2.6 For the purpose of this severance program, a transfer from the City of Saint Paul �
employment to Independent School District No. 625 employment is not considered a
separation of empioyment, and such transferee shall not be eligib]e for the City severance
program.
2.7 The manner of payment of such severance pay shall be made in accordance with the
provisions of City Ordinance No. 11490.
2.8 T1us severance pay program shall be subject to and govemed 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.
2.9 The provisions of this article shall be effective as of December 24, 1983.
2.10 Any employee hired prior to December 31, 1983 may, in any event, and upon meeting the
qualifications of this article or City Ordinaace 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
baz to receiving severance pay from the other. Any employee hired after December 31,
1983 shall only be entitled to the benefits of this article upon meeting the qualifications
herein.
•
2
ARTICLE 2 - SEVERANCE PAY (Continued)
� 2.11 For employees hired by the City of Saint Paul and appointed to ritles covered by this
Agreement on or after October 29, 1988, the Employer shall provide only the severance
• pay program as set forth in 2.12 through 2.17.
2.12 To be eligible for the severance pay program, an employee must meet the following
requirements:
��'�� 3
2.12(1) The employee must be voluntarily separated from City employment or have
been subject to sepazation by layoff or compulsory retirement. Those
employees who aze discharged for cause, misconduct, inefficiency,
incompetency, or any other disciplinary reason aze not eligible for the Ciry
severance pay program.
2.12(2) The employee must file a waiver of reemployment with the Human
Resources Director, which will cleazly 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.
2.12(3) The employee must have an accumulated balance of at least eighty (80)
days of sick leave credits at the time of his separation from service.
2.13 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-haif 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 masimum as shown below based
on the number of years of service in the City.
Yeazs of Service with the City
At Least 20
21
22
23
24
25
Maximuxn Severance Pay
$5,000
$6,000
$7,000
$8,000
$9,000
$10,000
2.14 For the purpose of this severance program, a death of an employee shall be considered as
sepazation 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 shall be made to
the employee's estate or spouse.
2. ] 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
sepazation of employment, and such transferee shall not be eligibie for the City severance
program.
C�
ARTICLE 2 - SEVERANCE PAY (Continued)
2.16 The manner of payment of such severance pay shall be made in accordance with the
provisions of City Ordinance No. 11490. •
2.17 This severance pay program shall be subject to and govemed 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.
2.18 Notwithstanding Article 2.11, employees appointed to a 6tle covered by this Agreement
prior to October 29, 1988, who meet the qualifications as defined in Aiticles 2.12 through
2.13, may etect to draw severance pay under the provisions set forth in Artictes 2.13
through 2.17. However, an election by an employee to draw severance pay under Articies
2.13 through 2.17 shall constitute a bar to drawing severance pay under any other
provisions set forth in this Article 2.
ARTICLE 3 - MANAGEMENT RIGHTS
31 The Union recognizes the right of the Empioyer to operate and manage its affairs in aIi
respects in accordance with appIicable Iaws and regvlations of appropriate authorities.
The rights and authority which the Employer has not o�cially abridged, delegated, or
modified by this Agreement aze retained by the Employer.
3.2 A public employer is not required to meet and negotiate on matters of inherent managerial •
policy, which include, but aze not limited to, such azeas of discretion or policy as the
functions and programs of the Employer, its averall budget, utilization of technology, and
organizational structure and selection and direction and number of personnel.
33 The City Attorney or his/her designee, agrees to provide a generat nofification by e-mail
or other means of a vacancy which the City Attorney intends to fill, and to permit
employees ta express interest in the vacancy. Employees expressing an interest in a
vacancy wili be given consideration for the position. The final decision on appointment is the
Ciry Attomey's, and may not be grieved or azbitrated.
3.4 Employees may request in writing that the City Attomey consider a job-sharing
arrangement. The City Attomey shall be free to deny or approve such proposed
azrangements at his/her sole discretion. If approved, both job-sharing employees must
agree to the arraztgement for its implementation. If so approved and agreed to, vacation,
holiday, and sick leave benefits for the position shatl be prorated based upon the hours
each employee is assigned, but in no case may any employee work less than 50 percent
time. Health insurance benefits shall be administered in accordance with Article 12. In the
event that one of the employees is terminated or terminates employment, the Employer
may with 10 calendaz days notice, increase the remaining employee's work hours. Should
the City Attorney determine that the azrangement does not meet work
�
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ARTICLE 3 - MANAGEMENT RIGHTS (continued) �Ja,��j,3
l�
' needs of the office, he/she may return both employees to full-time with 30 calendaz days _
• notice. No aspect of these arrangemenu, including the approval or denial, is subject to
either the grievance or azbitration procedure.
ARTICLE 4 - RESIDENCE
4.1 Employees covered by this Agreement shall have no residency requirements or
restrictions.
ARTICLE 5- CHECK OFF AND SERVICE FEE
5.1 The Employer agrees to deduct the Union membership initiation fee assessments and once
each month dues from the pay of those employees who individually request in writing that
such deductions be made. The amounts to be deducted shall be certified to the Employer
by a representative of the Union and the aggregate deductions of all employees shall be
remitted together with an itemized statement to the representative by the first of the
succeeding month af[er such deductions are made or as soon thereafter as is possible.
5.2 Any present or future employee who is not an Union member shall be required to
contribute a fair share fee for services rendered by the Union. Upon notification by the
. Union, the Employer shall check off said fee from the eamings of the employee and
transmit the same to the Union. In no instance shall the required contribution exceed a
pro rata shaze of the specific expenses incurred for services rendered by the representative
in relationship to negotiations and administration of grievance procedures. It is also
understood that in the event the City shal] make an improper fair shaze deduction from the
earnings of an employee, the Union shall be obligated to make the City whole to the extent
that the City shall be required to reimburse such employee for any amount improperly
withheld. This provision shall remain operative oniy so long as specificatly provided by
Minnesota law, and as otherwise legal.
5.3 The Union aa ees to indemnify and hold the Employer hatmless against any and all claims,
suits, order or judgments brought or issued against the City as a result of any action taken
or not taken by the City under the provisions of this Article.
5.4 The Union agrees that a service fee of one dollaz ($1.00) per member, per month shall be
deducted by the City of Saint Paul from the amount withheid for dues or fair shate prior to
remittance of dues or fair share to the Union.
•
ARTICLE 6 - MATERNITY/PARENTAL LEAVE
6.1 MatemitylPazental leave. Maternity is defined as the physical state of pregnancy on an
employee, commencing eight (8) months before the estimated date of childbirth, as •
determined by a physician, and ending sut (6) months after the date of such birth. In the
event of an empioyee's pregnancy, the employee may apply for leave without pay at any
time during the period stated above and the Emptoyer may approve such leave at its
option, and such leave may be no longer than one (1) yeaz.
Pregnant employees of the City of Saint Paul shall be eligible for the use of paid sick leave
and unpaid leave of absence in the same manner as any other disabled or ill City employee.
Such paid sick leave eligibility shall begin upon certification by the employee's attending
physician that the employee is disabled in terms of her ability to perform the duties of her
position.
6.2 A twelve (l2) month Parental leave of absence without pay shall be granted to a natural
pazent or an adoptive parent, who requests such leave in conjunction with the birth or
adoption of a child. Such leave may be eactended an additional twelve (12) months by
mutual agreement between the employee and the Employer. Refusal on the part of the
Employer to grant an extension of such leave shall not be subject to the provisions of
Article 9 of this Agreement. Employees who retum following such leaves of absence shall
be placed in a position of equivalent salary and tenure as the one held just prior to the
beginning of their leave.
ARTICLE 7 - DISCIPLINE
7.1 The Employer may discipline employees in any ofthe forms listed beiow:
7.1(1) Oral reprimand;
7.1(2) Written reprimand;
7.1(3) Suspension;
7.1(4) Demotion;
7.1(5) Discharge
The Employer will discipline for just cause only.
7.2 Discharges will be preceded by a five (5) working day preliminary suspensiott without pay.
During said period the employee and/or Union may request, and shall be entiUed to a
meeting with the Employer representative who initiated the suspension with intent to
discharge. Duting the five (5) day period, the Employer may affirm the suspension and
dischazge in accordance with Civil Service Rules or may modify, or withdraw same.
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ARTICLE 8- STRIKES, LOCKOUTS, WORK INTERFERENCE
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8.1 The Union and the Employer agree that there shall be no strikes, work stoppages, _
slow-downs, sitdown, stay-in, or other concerted interference with the Employer's
business or affairs by said Union and/or members thereof, and there shall be no bannering
during the existence of this Agreement without first using all possible means of peaceful
settlement of any controversy which may arise. Employees engaging in same shall be
liable for disciplinary action.
8.2 No lockout, or refusal to aliow employees to perform available work, shall be instituted by
the Employer and/or its appointing authorities duting the life of this Agreement.
ARTICLE 9 - GRIEVANCE PROCEDURE
9.1 A grievance is defined as a dispute or disagreement as to the interpretation or application
of the specific terms and conditions of this Agreement. The procedure established by this
Article shall be the sole and exclusive procedure for the processing of grievances.
However, this Article does not abridge grievance rights possessed by eligible veterans
under applicable veterans' rights statutes.
9.2 The Employer will recognize representatives designated by the Union as the grievance
representatives of the bazgaining unit having the duties and responsibilities established by
this Article. The Union shall notify the Employer in writing of the names of such Union
Representatives and of their successors when designated. The Employer shail notify the
Union in writing to its designated representatives.
9.3 It is recognized and accepted by the Union and the Employer that the processing of
grievances as hexeinafter provided is limited by the job duties and responsibilities of the
employees and shall therefore be accomplished during normai working hours when
consistent with such employee duties and responsibilities. The aggrieved employee and an
Union Representative shall be allowed a reasonable amount of time without loss of pay
when a grievance is investigated and presented to the Employer during normal working
hours provided that the employee and Union Representative have notified and received the
approval of designated supervisor and provided that such absence is reasonable and would
not be detrimental to the work programs of the Employer. It is understood that the
Empioyer shall not use the above limitation to hamper the processing of grievances.
9.4 Grievances, as defined by Section 9.1, shall be resoived in conformance with the following
procedure:
Step l. An employee claiming a violation conceraing the interpretation or
application of this Agreement shall, within twenty-one (21) calendar days
after such alleged violation has occurred, present such grievance to the
employee's supervisor as designated by the Employer. The
Employer-designated representative will discuss and give an answer to such
Step 1 grievance within ten (10) calendaz days after receipt. A
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ARTICLE 9 - GRIEVANCE PROCEDURE (continued)
grievance not resolved in Step I and appealed to Step 2 shaIl be placed in
writing setting forth the nature of the grievance, the facts on which it is •
based, the provision or provisions of the Agreement allegedly violated, the
remedy requested, and shali be appealed to Step 2 by the Union within
fifteen (15) calendar days after the EmpIoyer-@esignated representative's
final answer in Step 1. Any grievance not appealed in writing to Step 2 by
the Union within fifteen (15) calendar days shall be considered waived.
Step 2. If appealed, the written grievance shall be presented by the Union aad
discussed with the Employer-designated Step 2 representative. The
Employer-designated representative shall give the Union Employer's Step 2
answer in writing within ten (10) calendar days foliowing the
Employer-designated representative's final Step 2 answer. Any grievance
not appealed in writing to Step 3 by the Union within ten (10) calendar
days shall be considered waived.
Step 3. If appealed, the written grievance shall be presented by the Union and
discussed witii the Employer-designated Step 3 representafive. The
Employer-designated representative shall give the Union the Employer s
answer in writing within ten (10) calendaz days after receipt of such Step 3
grievance. A gievance not resolved in Step 3 may be appealed to Steg 4
within ten {I O) calendar days following the Employer-designated
representarive's finai answer in Step 3. Any grievance not appealed in •
writing to Step 4 by the iJnion within ten (10) calendaz days shall be
considered waived.
Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall
be submitted to azbitration subject to the provisions of the Pubiic
Employment Labor Relations Act of 1971, as amended. The azbitration
proceedings shall be conducted by an azbitrator to be selected from a
permanent panel of five (5} azbitrators. Arbitrators shall be selected by lot
within twenty (20) work days after notice has been given. The permanent
panel of azbitrators shall be mutually agreed to by the Employer and the
Union no later than 7anuary 1, 1992 or the date this Agreement is signed by
the Employer and Union, whichever is later.
In the event the Employer and the Union cannot mutually agree to five (5)
azbitrators for the permanent panel, the parties will petition the birector of
the Bureau of Mediation Services for a list of ten (10) azbitrators for each
panel member for which the parties did not mutually agree. T'he parties
shall altemately strike names from such list(s), the Employer striking fust,
until one (1) name remains. Vacancies occurring on the permanent panel
during the life of this Agreement shall be filled by mutual agreement of
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ARTICLE 9 - GRIEVANCE PROCEDURE (continued) ,��,${�
' the parties. If the parties cannot mutually agree, the vacancy shall be filled
� by the process noted in the preceding pazagraph. T'his arbitrator selection
process shall be effective only for the duration of this Agreement unless
both parties mutuaily agee to extend such provisions.
Step 5. The azbi�ator shall have no right to amend, modify, nullify, ignore the
terms and conditions of this Agreement. The azbitrator shall consider and
decide only the specific issue(s) submitted in writing by the Employer and
the Union, and shall have no authority to make a decision on any other
issue not so submitted. The azbitrator shall be without power to make
decisions contrary to, or inconsistent with, or modifying or varying in
anyway the application of laws, rules, or regulations having the force and
effect of law. The azbitrator's decision shall be submitted in writing, copies
to both parties and the Bureau of Mediation Service within thirty (30) days
following the 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 binding on both the Employer and the Union and shall be based
solely on the azbitrator's interpretation or application of the express terms
of this Agreement and to the facts of the grievance presented.
9.5 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 parry desires a verbatim
� record of the proceedings, it may cause such a record to be made, providing it pays for the
record. If both parties desire a verbatim record of the proceedings the cost shal] be shazed
equally.
9.6 If a grievance is not presented within the time limits set forth above, it shail be considered
"waived". If a grievance is not appealed to the next step within the specified time limit or
any agreed extension thereof, it shall be considered settled on the basis of the Employer's
last answer. If the Empioyer does not answer a grievance or an appeal thereof within the
specified time limits, the iJNION may elect to treat the grievance to the next step. The
time limit in each step may be extended by mutual written agreement of the Employer and
the Union in each step.
ARTICLE 10 - WAGES/MERIT PAY
lo.l Effective 7anuary 2, 1999 all salary rates applicable to titles in this bazgaining unit shall be
increased two percent (2.0%). Effective July 3, 1999 ali salary rates applicabie to titles in
this bazgaining unit shall be increased one half percent (0.5%).
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ARTICLE 10 - WAGES/MERIT PAY (continued)
10.2 Bargaining �nit members empioyed by the City Attomey's Office as ofthe finai date of �
signing this labor agreement shall receive wage and benefit contribution increases
retroactive to January 2, 1999 for time worked or paid up to the date of execution.
The City shall conduct a job study which shall be completed in December 1999 or as soon
thereafter as is possible, and which may be used by the parties for negotiation of a
successor labor agreement in 2000. The study shall consist of an intemal analysis and an
e�ctemal mazket comparison.
The City Attomey and the Union agree to establish a joint Labor/Management Committee
(LMC) on an experirnental basis for the duration of this Agreement or until the job study
is completed, wttichever is later. The Committee shall noi be carried forward into any
successor agreement unless both parties renew it in writing in that Agreement. The LMC
shall be composed of no more than three representa6ves each from the Union and the City
Attomey. The LMC shall have no authority to discuss or resolve terms and conditions of
employment (negotiable matters) or grievances pursuant to the Agreement.
103 In addition to the wages set forth in this agreement, there shall be a designated amount of
money provided by the employer to be used as merit pay. This amount shall be provided
on a yeazly basis and shall be an amount equal to 1.5 percent of the payroll for tlus
bazgaining unit which existed on 7une 10, 1994, and which is an amount of $31,978.00.
The provisions of this article shall become effective on July 1, 1996. �
10.4 Each yeaz the City Attomey shall determine which members of this bazgaining unit shall be
entitled to such merit pay. In making such a determinafion, the City Attomey will
consider, among other things, the salary levels of attorneys in eompazable public sector
employments and in the private sector. Such merit pay raises shall be effective on the first
full pay period following July lst of each yeaz. The City Artomey shall make a reasonable
good faith effort to make such decision by July 1 st of each applicable year. If for some
reason, the City Attorney can not make such decision by that date, the decision, once
made, shall apply retroactively to the first full pay period after July 1 st of that yeaz. The
decision of the City Attomey as to who shall receive such merit raises shall be at the sole
discretion of the City Attorney and shall not be subject to the grievance procedure of this
agreement nor shall it be subject to azbitration.
10.5 For 1999 only, the City Attomey agrees to suspend his discretion to award merit pay and
to utilize the entire amount to provide intemal equity adjushnents. (Suspends 103, 10.4
and 10.7 for 1999.) Furthermore, the Employer agrees that for the yeaz 1999 only it shall
supplement the aforementioned $31,978.00 to fully fund equity adjustments as follows:
C�
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ARTICLE 10 - WAGES/MERIT PAY (continued)
a����
� Employees with State Baz Dates between 1986 and 1989 shall receive a base
adjustment of $4,500.00; between 1990 and 1993, $4,000.00; between 1994 and
I 995, $2,000.00; and 1996, a non-recurting lump sum in the amount of $600.00,
provided that they were empioyed by the City Attomey's Office as attomeys and
have worked since 1997. Employees who have job-shared in I999 receive 1/2 of
the equity adjustment retroactively, with the full adjustment added to their base
salary.
10.6 The on base merit pay may be granted in units of $500 or in step increases as established
in the current wage schedules. Non base merit increases may be gtanted in units of $500.
There shall be no limit, on either base or non base, on the amount of inerit pay that may be
granted pursuant to this article. The amount of such merit pay may be as little as$500 in
both on base and non base merit raises. Smaller amounts may be added to a$500 unit or
to a step increase so as to exhaust the funds available for merit increases in a particular
yeaz. The City Attomey reserves the right to increase salaries during the mid-term of the
Agreement for internal promotion, equity treatment, assumprion of increased responsibility
or authority, retention or other business-related reasons, as long as the funding does not
come from the merit pool, general wage adjushnent or 1999 equity pool. The decision of
the City Attorney, both as to the amount of such merit raise and as to the method by
which it shall be given, shall be at the sole discretion of the City Attorney and shall not be
subject to the grievance procedure of this agreement, nor shall it be subject to azbitration.
� 10.7 On-base merit pay will be awazded effective beginning July 1 in a totai annualized amount
equal to $21, 318.65. This means that approximately one-haif of this amount will be paid
from July 1 through December 31 in approximately equal amounts each pay period and
that the remainder in like fashion wiil be paid out from January 1 through on or about June
30.
ARTTCLE 11 - SAVING CLAUSE
i I.1 This Agreement is subject to the laws of the United States, the State of Minnesota. In the
event any provisions of this Agreement shall be held to be contrary to law by a court of
competent jurisdiction from whose final judgment or decree no appeal has been taken
within the time provided, such provisions shall be voided. All other provisions shali
continue in full force and effect. The voided provision may be renegotiated at the written
request of either parry. All other provisions of this Agreement shall continue in full force
and effect.
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ARTICLE 12 - INSURANCE
Retiree Insurance
12.1 Employees who retire must meet the following conditions at the time of retirement in
order to be eligible for the Employer contributions, listed in Sections 12.2 through 12.5
below, toward a health insurance plan offered by the Employer:
12.1(1) Be receiving benefits from a public employee retirement act at the time of
retirement, and
12.1(2) Have severed his/her relationship with the City of Saint Paul for reasons
other than misconduct, and
121(3) Have completed at least 20 years with the City of Saint Paul.
Early Retirees
12.2 This Section shall apply to full time empioyees who:
12.2(i) Retire on or after January 1, 1996, and
12.2(2) Were appointed on or before December 31, 1995, and
12.2(3) Have not attained age 65 at retirement, and
12.2(4) Meet the terms set forth in Section 12.1 above, and
12.2(5) Select a health insurance plan offered by the Employer
Until such employees reach sixty-five (65) yeazs of age, the Employer agrees that for
retirees selecting single coverage, the Employer will provide the same conizibution as is
pro��ided for active employees selecting single coverage under this agreement. This
amount, however, shall not exceed $350 per month.
For employees selecting family health insurance coverage, the Employer will contribute
$� 50 per month toward the premium for family health insurance coverage. Any unused
portion of the Employer's contribution shall not be paid to the retiree.
When such early retiree attains age 65, the provisions of Section 12.4 will apply.
123 This Section shall appiy to full time employees who:
123(1) Retire on or after January 1, 1996, and
123(2) Were appointed on or after January 1, 1996, and
123(3) Have not attained age 65 at retirement, and
123(4) Meet the conditions of Section 12.1 above, and
123(5) Select a health insurance plan offered by the Employer.
Until such retirees reach sixty-five (65) yeazs of age, the Employer agrees to contribute a
m�imuxn of $300.00 per month toward the cost of single or family health insurance
coverage. Any unused portion shall not be paid to the retiree.
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ARTICLE 12 - INSURANCE (continued)
12.4
� 3
The Employer agrees to contribute a maximum of $550.00 per month towazd the
premium for singie or family health insurance coverage offered by the Employer to
regulaz retirees and their dependents. Any unused portion of the Employer's
contribution shall not be paid to the retiree.
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12.5
When such eazly retiree attains age 65, the provisions of Section 12.5 shall apply.
Regular Retirees (Age 65 and over)
This Section shall apply to full time employees who:
12.4(1) Retire on or after January 1, 1996, and
12.4(2) Were appointed on or before December 31, 1995, and
12.4(3) Have not attained age 65 at retirement, and
12.4(4) Meet the terms set forth in Section 12.1 above, and
12.4(5) Select a health insurance plan offered by the Employer
This Section shall also apply to eazly retirees who retired under the provisions of Section
12.2 when such retirees attain age 65.
12.5(1) Retire on or after January 1, 1996, and
12.5(2) Were appointed on or aRer January l, 1996, and
12.5(3) Have not attained age 65 at retirement, and
12.5(4) Meet the conditions of Section 12.1 above, and
12.5(5) Select a health insurance plan offered by the Employer.
This Section shall apply to full time employees who:
The Employer agrees to contribute a m�imum of $300.00 per month toward the cost of
single or family health insurance coverage offered to regular retirees and their dependents.
Any unused portion shall not be paid to the retiree.
This Section shall also apply to eazly retirees who rerired under the provisions of Section
12.3 when such early retirees attain age 65.
12.6 If an employee does not meet the conditions of Section 12.1(3), but has completed at least
ten (10) years of service with the City, he/she may pwchase single or family health
insurance coverage through the Employer's insurance program. The total cost of such
insurance coverage shali be paid by the retiree.
12.7 A retiree may not carry his/her spouse as a dependent if such spouse is also a City retiree
or City employee and eligible for and is enrolled in the City health inswance program.
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ARTICLE 12 - INSURANCE (Continued)
Survivor Insurance
12.8 The surviving spouse of an employee carrying family coverage at the time of his/her death
due to a job connected injury or illness which was determined to have arisen out of and in
the course of his/her employment under worker's compensation law shall continue to be
eligible for city contribution in the same proportions as is provided for retired employees.
In the event of the death of an eazly retiree or a regulaz retiree, the dependents of the
retiree shall have the option, within thirty (30) days, to continue the current
hospitalization and medical benefits which said dependents previously had, at the premium
and Employer contribution accorded to the eligible deceased retiree.
It is fiuther understood that coverage shall cease in the event o£
12.8(1) Subsequent remarriage of the surviving spouse of the deceased employee
or retiree.
�
12.8(2) The employment of the surviving spouse or dependent where fieaitfi
insurance is obtained through a group program provided by said Employer.
In this event, however, the surviving spouse or dependent shall have the
right to maintain Ciry heaith insurance for the first ninety (90) days of said
employment.
Active Employee Insurance �
12.9 For full-time employees who select single health insurance coverage, effective for the
January, 1999 insurance premiums, the Employer agrees to contribute $289.83 per month.
For three-quarter time employees who select single health insurance coverage, the
Employer's contribution shall be $21737 per month. For half-time employees who select
single health inswance coverage, the Employer's conttibution shall be $144.92 per month.
For full-time employees who select family health insurance coverage, effective for the
January, 1999 insurance premiums, the Employer agrees to contribute $312.47 per month.
For three-quarter time employees who select family health insurance coverage, the
Employer's contribution shall be $23435 per month. For half-time employees who select
family health insurance coverage, the Employer's contdbution shall be $156.24 per month.
Effective January 1, 1993, employees shall not use pre-tax Employer contribution
insurance dollars for the purchase of long term or short term disability coverage.
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ARTICLE 12 - INSURANCE (Continued)
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� Part-time employees who are permanentiy appointed to a full-time (80 hours per
biweekly period) position after the commencement of the plan yeaz, shall be made eligible
for the full-time benefits after they have compieted at least forty hours in a monthly
qualifying pay period as a fuil-time empioyee. Fuil-time employees who aze
permanently appointed to a part-time (less than 80 hours per biweekly period) position
after the commencement of the plan year shall be reduced to the benefit levei
applicable for the hours scheduled by the department. Such reduction shall take effect on
the first month the employee does not complete a monthly qualifying pay period as a full-
time employee.
12.10 For the purpose of this Article, full-time employment is defined as appearing on the
payroll an average of at least 32 hours per week for the twelve (12) month period
preceding the annual open enrollment or special enrollments or the six (6) month period
preceding initial enroliment.
Three-quarter time employment is defined as appearing on the payroll an average of at
least 26 hours per week but less than 32 hours per week for the twelve (12) month period
preceding the annual open enrollment or special enrollments or the six (6) month period
preceding initial enrollment.
Half-time employment is defined as appearing on the payroll an average of at least 20
• hours per week but less than 26 hours per week for the twelve (12) month period
preceding the annual open enroilment or special enrollments of the six (6) month period
preceding initial enrollment.
12.1 I Under the "Cafeteria Plan" all eligible empioyees regazdless of the number of average
hours worked must select at least single coverage hospital-medical insurance and
employee life insurance in an amount $5000. Any unused portion of the Employer's
contribution, for which an employee is eligible, is defined as unused benefit dollazs, not
salary, and shall be paid to the employee as taYabie income. Such payment will be made
during the month of December for the insurance yeaz. For employees who temvnate their
employment with the City of Saint Paul, such payment shall be made within 90 days
following termination.
12.12 The contributions indicated in this Article 12 shall be paid to a third party administrator
and shall not be considered salary.
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ARTICLE 13 - VACATION
13.I Vacation credits shall accumuIate at the rates shown below for each full hour on the
payroll, excluding overtime.
Years of Service
1 st year thru 8th yeaz
9th yearthru 15th year
16th yeaz and thereafter
Hours of Vacation
.0577
.0770
.0962
13.2 The head of the department may permit an employee to carry over into the "vacation yeaz"
up to one hundred twenty (120) hours of vacation. For the purpose of this article the
"vacation year" shall be the fiscal yeaz (IRS payroll reporting year).
133 The above provisions of vacation shali be subject to the Saint Paul Salary Plan and Rates
of Compensation, Section I, Sub. H.
13.4 If an employee has an accumulation of sick leave credits in excess of one hundred and
eighty days, he may convert any part of such excess of vacation at the rate of one-half
day's vacation for each day of sick leave credit. No employee may convert more than ten
(10) days of sick leave in each calendar year under this provision.
ARTICLE 14 - HOLIDAYS
14.1 Holidays recognized and observed.
as paid holidays.
New Yeaz's Day
Martin Luther King Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
The following days shall be recognized and observed
Veterans' Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
Two floating holidays
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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 shali fall on Saturday, the
preceding Friday shatl be observed as the holiday. Whenever any of the holidays listed
above shall fall on Sunday, the succeeding Monday shall be observed as the holiday.
14.2 The floating holidays set forth in Section 14.1 above may be taken at anytime during the
contract yeaz, subject to the approval of the Department Head of any employee.
143 Eligibility Requirements. In order to be eligible for a holiday with pay, an employee's
name must appeaz on the payroll on any six working days of the nine working days
preceding the holiday; or an employee's name must appeaz 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
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ARTICLE 14 - HOLIDAYS (continued)
. nor other employees not heretofore eligible shall receive holiday pay.
14.4 Notu�ithstanding 143, a temporary employee shall be eligible for holiday pay after such
employee has been employed as a temporary employee for siaty-seven (67) consecutive
work days. No temporary employee shall be eligible for any floating holidays.
ARTICLE 15 - LEAVES OF ABSENCE
15.1 Each eligible employee shall accumulate sick leave credits at the rate of .0576 of a
working hour for each full hour on the payroll, excluding overtime.
15.2 Any employee who has accumulated sick leave credits as provided above shail be granted
leave with pay, for such period of ume as the head of the department deems necessary, on
account of sickness or injury of the empioyee, quarantine established and declazed by the
Bureau of Health, death of the employee's mother, father, spouse, child, brother, sister,
mother-in-law, father-in-law, or other person who is a member of the household; and may
be granted leave with pay for such time as is actually necessary for office visits to a
doctor, dentast, optometrist, etc., or in the case of sudden sickness or disability of a
member of his household, making arrangements for the care of such sick or disabled
persons up to a maximum of eight hours sick leave.
• An employee may use personal sick leave benefits provided by the Employer for
absences due to an illness for injury to the employee's child for such reasonable periods
as the employee's attendance with the child may be necessary, on the same tertns the
employee is able to use sick leave benefits for the employee's own illness or injury. This
section applies only to personal sick leave benefits payable to the employee from the
Employer's general assets. For purposes of this section, "personal sick leave benefits"
means time accrued and available to an employee to be used as a result of absence from
work due to personal illness or injury, but does not include short-term or long-term
disability or other salary continuation benefits.
15.3 Any employee who has accumulated sick leave credits, as provided in the Civil Service
Rules, shall be granted one day of such leave to attend the funeral of the employee's
grandpazent or grandchild.
15.4 An employee shall be granted up to a total of sixteen (16) hours during a school yeaz to
attend school conferences or ciassroom activities related to the employee's child, provided
the conferences or classroom activities cannot be scheduled during non-work hours.
When the leave cannot be scheduled during non-work hours and the need for the leave is
foreseeable, the employee must provide reasonable prior notice of the leave and make a
reasonable effort to schedule the leave so as not to disrupt unduly the operation of the
Employer. An employee shall be allowed to use vacation or compensatory time for this
leave; otherwise, this leave shall be without pay.
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ARTICLE 15 - LEAVES OF ABSENCE (continued)
15.5 Voluntary Unpaid Leave of Absence. A full-time employee may be granted up to 480 •
hours of voluntary leave of absence without pay during the fiscal yeaz. During such leave
of absence, the employee shall continue to earn and accrue vacation and sick leave,
seniority credits and maintain insurance eligibility as though he or she was on the payroll.
Any leave of absence granted under this provision is subject to the approval of the
Deparnnent Head.
15.6 Adoption Leave. In case of an employee adoprion of a child up to five yeazs of age,
employees shall be permitted to carry over into the following fiscal year up to 80
additional hours of accrued vacation time each yeaz up to a total of 240 hours.
For up to two years from ttte date of the execurion of this Agreement, employees may
additionally borrow up to 80 hours of unaccrued vacation rime from the neat fiscal year.
These two adoption provisions shall apply only to one City employee in the event that
both adoptive pazents aze City employees.
15.7 Empioyees will be granted leaves of absence in accordance with the Family Medicai
Leave Act (FMLA). The employer agrees that under FMLA each eligible employee is
entit2ed to take up to twelve (12} weeks of unpaid leave (available sick leave may be used
if otherwise provided in this agreement) in any twelve month period for any of the
following reasons:
• Birth of a child of the empioyee and in order to caze for the child. •
• Placement of a child with an employee for adoption or foster caze.
• Take time off from work because of the employee's own serious health condition.
• In order to caze for the spouse, pazent or child of the employee when said spouse,
pazent or child has a serious health condition.
ARTICLE 16 - NON-DISCRIMINATION
16.1 The terms and conditions of this Agreement will be applied to employees equally without
regazd to, or discrimination for or against, any individual because of race, color, creed,
sex, age, or because of inemberslrip or non-membership in the Union.
16.2 Employees will perform their duties and responsibiliGes in a non-discriro;natory manner as
such duties and responsibilities involve other employees and the general public.
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ARTICLE 17 - LEGAL SERVICES
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' 17.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the Empioyer
• shall defend save harmiess and indemnify employee against tort claim or demand whether
groundless or othenvise arising out of alleged acts or omission occurring in the
performance or scope of the employee's duties.
17.2 Not�sithstaziding Article 17.1, the Employer shall not be responsible for paying any legal
service fee or for providing any legal service arising from any legal action where the
employee is the Plaintiff.
ARTICLE 18 - SENIORITY
18.1 Seniority, for the purpose of this Agreement, shall be defined as follows: The length of
continuous, regulaz or probationary service with the Bmpioyer from the date an employee
was first certified and appointed to a class title covered by this Agreement, it being further
understood that seniority is confined to the current class title held by an employee. In
cases where two or more employees aze appointed to the same class title on the same date,
the seniority shall be determined by the last date of hire with the Employer. It is
understood that employees wiil pick up their former seniority date upon return to any class
title that they previously held.
18.2 Seniority shall terminate when an employee retires, resigns, or is dischazged.
18.3 In the event it is determined by the Empioyer that it is necessary to reduce the work force,
• employees will be laid off by class title within each department based on inverse length of
seniority as defined above.
18.4 In cases where there aze promotional series, such as Attorney I, II, III, etc., when the
number of employees in these higher litles is to be reduced, employees who have held
lower titles in the series which aze in this bazgaining unit will be offered reductions to the
highest of these titles to which class seniority would keep them from being laid off, before
layoffs are made in any class title within any department.
18.5 Empioyees who have held class titles represented by this bazgaining unit who subsequently
accept appointments or assignments to Attomey positions which aze not represented by
this bazgaining unit shali be allowed, in all cases, to return to the cunently or previously
held class title represented by this bazgaining unit upon completion of such appointments
or assignments.
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ARTICLE 19 - CITY MILEAGE
19.1 Automobile Reimbursement Authorized - Pursuant to Chapter 33 ofthe Saint Paul
Administrative Code, as amended, pertaining to reimbursement of City officers and •
employees for the use of their own automobiles in the performance of their duUes, the
foliowing provisions are adopted.
19.2 Method of Computation - To be eligible for such reimbursement, all officers and employees
must receive written authorization from the Department Head.
Type 1- If an employee is required to use hislher own automobile OCCASIONALLY
during employment, the employee shall be reimbursed at the rate of $4.00 per day for
each day the employee's vehicle is actually used in perfornung the duties of the employee's
position. In addition, the employee shall be reimbursed $0.20 per mile for each mile
actually driven.
If such employee is required to drive an automobile during employment and the
department head or designated representative determines that an employer vehicle is
available for the employee's use but the employee desires to use lus/her own automobile,
then the employee sha11 be reimbursed at the rate of $0.20 per mile driven and shall not be
eligible for any per diem.
Type 2- If an empioyee is required to use his/her own automobile REGULARLY during
employment, the employee shall be reimbursed at the rate of $4.00 per day for each day
of work. In addition, the employee shaIl be reimbursed $0.2Q per miie for each mile
actually driven.
If such employee is required to drive an automobile during employment and the •
department head or designated representarive detemunes that att employer vehicle is
available for the employee's use but the employee desires to ase his/her own automobite,
then the employee shall be reimbursed at the rate of $0.20 per mile driven and shali not be
eligible for any per diem.
This Section 19.2 shall become effective February 1, 1994.
193 The City will provide pazking at the Civic Center Parking Ramp for City employees on either
of the above mentioned types of reimbursement plans who are required to have their personal
caz available for City business. Such pazking will be provided only for the days the employee
is required to have his or her own personal car available.
19.4 Rules and Regulations - The Mayor shall adopt rules and regulations goveming the
procedures for automobile reimbursement, which regulations and rules shall contain the
requirement that recipients shall file daily reports indicating tniles driven and shall file monthly
�davits stating the number of days worked and the number of miles driven, and further
require that they maintain automobile liability insurance in amounts of not less than
$100,000/$300,000 for personal injury, and $25,000 for properry damage, or liability
insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul
named as an additional insured. These rules and regulations, together with the amendment •
thereto, shall be maintained on file with the City Clerk.
i�l]
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ARTICLE 20 - DiJI2ATION AND EFFECTIVE DATE
20.1 Complete Agreement With Waiver of Bargaining. This Agreement shall represent the
complete Agreement between the Union and the Empioyer. The parties acl�owledge that
during the negotiations which resulted in this Agreement, each had the unlimited right and
opporiunity to make requests and proposals with respect to any subject or matter not
removed by law from the azea of collective bargainiug, and that the complete understandings
and agreements arrived at by the parties after the exercise of that right and oppornmity aze
set forth in t7us Agreement. Therefore, the Employer and the Union, for the life of this
Agreement, each voluntarily and unqualifiedly waives the right, and each agtees thax the
other shall not be obligated to bazgain collectively with respect to any subject or matter
referred to or covered in this Agreement.
20.2 Except as herein provided this Agreement shall be effective as of January 1, 1999 and sha11
continue in full force and effect thru December 31, 1999, 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 1984.
203 This constitutes a tentative agreement beiween the parties which will be recommended by
the Director of Labor Relations, but is subject to the approval of the Administration of the
City, the City Council and is also subject to the ratification by the Union.
WITNESSES
CITY OF SAINT PAUL
�
Ter � altiner
Labor Relations Manager
r�,/z�/ �g
Date
LOCAL iTNION NO. 3757, DISTRICT
COUNCIL NO. 14 OF THE AMERICAN
FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES LEGAL
.
Je Ser g
As ' tant �rector
/ �� f`�. ��! � �
:� f�
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Date
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APPENDIX A �q �53
Salary ranges applicable to tifles covered by this Agreement shall be as shown below:
GRADE l IR
1� . � •:►1
A B C D E F G 10-yr. 15-yr.
Ci? � � � � C ��) �g) �
O l/02/99 1477.51 1529.48 15 82.5 8 1652.10 1723.85 I 799.70 18 78.70 1925.46 1978.49
07/03/99 1484.90 1537.13 1590.49 166036 1732.47 1808.70 I 888.09 1935.09 198838
C::� �:
705 ATTORNEY II
O1/02/99 1595.99 1652.10 171034 1785.14 1864.15 194732 2035.64 2089.71 2143.75
07/03/99 1603.97 1660.36 1718.89 1794.07 1873.47 1957.06 2045.82 2100.16 2154.47
GRADE 20R
706 ATTORNEY III
Ol/02/99 1864.61 1929.03 1995.55 2083.94 317435 2271.00 2372.88 2433.16 2498.64
. 07/03/99 1873.93 1938.68 2005.53 209436 2185.22 228236 2384.74 244532 2511.13
,e1:7_U7�I►i1:7
707 ATTORNEY IV
O1/02/99 1916.16 1985.76 2055.41 214791 2245.60 2348.50 2453.50 2522.11 2589.64
07/03/99 1925.74 1995.69 2065.69 2158.65 2256.83 2360.24 2465.77 2534.72 2602.59
..� ..
708 ATTORNEY V
•
O1/02/99 2290.29 2373.46 2459.75 2572.00 2690.47 2814.19 2944.09 3027.27 310937
07/03/99 2301.74 238533 2472.05 2584.86 2703.92 2828.26 2958.81 3042.41 3124.92
A-1
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APPENDIX A - (Continued)
.e77_\7�7G117
709 ATTORNEY VI
A B C D E F G 10-yr. 15-yr.
�1) �2) �3) �4) �5) �6) �'� �g) �9)
01/02/99 2482.60 2573.04 2668.66 2791.29 2921.25 305637 3198.74 3289.15 3378.59
07/03/99 2495.01 2585.91 2682.00 2805.25 2935.86 3071.65 3214.73 3305.60 3395.48
GRADE 33R
044A ATTORNEY VII
01/02/99 2621.88 2717.52 2817.29 294931 3086.48 3230.97 3382.72 3476.28 3570.86
07/03/99 2634.99 2731.11 283138 2964.06 3101.91 3247.12 3399.63 3493.66 3588.71
;:� �:
232A ATTORNEY VIII
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O1/02/99 2698.05 2796.53 289933 303531 3176.63 3325.40 3481.71 3578.07 3675.50
07/03/99 2711.54 2810.51 2913.83 3050.49 3192.51 3342.03 3499.12 3595.96 3693.88
�q,g�
A-2
APPENDIX B - WORK SCHEDULES � � `�`�
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. 1.1 Ali bazgaining unit employees are exempt from the overtime pay provisions of the federal Fair
Labor Standards Act and similaz state legislation as professional empioyees and are salaried
empioyees of the City who aze not compensated on an hourly basis.
1.2 The normal work schedule for fu11-time employees covered by this Agreement shall consist of a
minimum of eighty (80) hours within each biweekly payroll period. Employees aze generally
expected to be working during the normai business hours, weekdays between 8:00 am. and 5:00
p.m., or as otherwise established by the Employer for the employee's work group, subject to the
leave provisions of this Agreement, and applicable state and federal statutes. Due to the nature of
their work, however, the job duties of persons in this bazgaining unit may require the employees to
work irregulaz hours, and work on holidays and weekends. Such work requirements aze considered
an integral part of the job. Therefore, maintaining consistent starting and quitting times and
scheduling specific numbers of hours worked in any day or week may be impractical. Where their
assigned duties and responsibilities permit, however, and where their Deparhnent Head ar
Supervisor approves, bazgaining unit employees may exercise reasonable and prudent discretion in
scheduling or varying the normal business hours at which their work is performed.
13 Employees who work more than eighty (80) hours in a two-week payroll period may be granted
compensatory time with the appxoval of their department head or his/her designee. If granted,
compensatory time will be based on a straight time hour for hour basis for time that the supervisor
approves.
* 1.4 Compensatory time off sha11 be scheduled and approved in advance. Employees and their
supervisors shail diligenfly work together to schedule compensatory time off so fhat empioyees may
make maximum use of their accrued compensatory time without unreasonably disrupting the
business of the Employer.
1.5 Employees leaving the City or the City Attomey's Office must use up any accnxed compensatory
time and shall not be paid for it under any circumstances.
1.6 Employees and the Union accept the fact that employees aze required to attend to the ethical
obligations associated with the prac6ce of law, must act to fully serve the needs of their clients and
aze obiigated to observe scheduled court appeazances, depositions, agency and other scheduled
meetings, and other such requirements of the practice of law, and agree that this provision affecting
hours of work does not remove those requirements.
1.7 Decisions made or not made under this clause on any individual case aze not grievable or azbitrable_
However, systematic or repeated decisions which aze contrary to the spirit of this Appendix may be
grieved under the pzocess set forth in Article 9.
1.8 The City and the Union agree that this modification of hours of work is experimental and sha11 not
extend beyond one (1) yeaz from the date of execution of this Agreement unless both parties act
�rmatively fo renew or modify this clause in bazgaining fox the yeaz 2000 or later.
I 1
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