The URL can be used to link to this page

99-892Council File # � • $' q'd. ORI�lNA� Presentea Referred To Committee Date 2 � RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # 08903 �� RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached January i, 1999 through December 31, 2000 Labor Agreement between the City of Saint Paul and The Saint Paul Manual & Maintenance Supervisors Association. Requested by Department of: Office of Labor Relations BY: �� I � Adoption Certifiad by Council Secretary By: '�� a -� .�� _ _ s � /�� Il lf�� Approved Uy Mayor ate By: Adopted by CouncIl: Date 8,� _��`�q� Form Ap ved by ' Attorney B}': � ` �X ��l`3�ci�S DEPARTMENT/OFFICF/COUNCII,: DATE INTTIATED GREEN SHEET No.• 08903 �� •�? LABOR RELATIONS August 31, 1999 ' CONTACT PERSON & PHONE: II�urmLDwiE II�iMImwTE STEVE 50NNABEND 266-6499 � / �,J ASSIGN 1 DEPARTMENT DIR.� 4 CITY COL�VCIL NUMBER 2 CITY ATCORNEY CITY CLERK BUM'ET DIIt � FIN. & MGT. SER�7CE DIR. MUSI' BE ON COUNCQ. AGENDA BY (DATE) ROUTING 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIGNAT[JRE PAGES 1 (CLIP ALL IACATTONS FOR SIGNATURE) ncnox xeQVESrEn: This resolution approves the attached January 1, 1999 — December 31, 2000 Labor Agreement between the City of Sairn Paui and The Saint Paul Manual & Maintenance Supervisors Association. RECOb4vfENDATTONS: Approve (A) or Rejec[ (R) PERSONAL SERVICE CONTRACTS MOST eNSWER THE FOLLOWING QUESfIONS: PI.ANNING CAMbIISSION _C[VII, SERVICE COMA�IISSION 1. Has iLis persodfmn ever warked under a convact for Hus deparunent? CIB COMMIT'I'EE Yes No STAFF 2. Has trtis persodfmn ever been a ciTy employce? DISIRICT CAURT Yes Na SUPPORIS WHICH COUNCIL OBJECTIVE? 3. Dces this persoNfum possess a skill not nmmally possesed by any cwrrnt c�ty tmpWyct� Yes No Ezplain all yes anmers on separete sheM and aUach to green sheet ,�_ , INTTIATING PROBLEM, ISSUE, OPPORTUNI7'] (lVho, What, When, Where, Why). anv,vrrncesiFnrrROVen: An Ageement in place through December 31, 2000. DISADVpNTpGESIFAPPROVED: NODB nisnnvnnrnc�.s�rvorarrxovEn_ The relationship between this unit and the City would be strained. This unit would be on an unequal footing with other Supervisory Units. TOTAL AMOUNT OF TRANSACTION: $ COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORMATION: (EXPLAIN) � �' °� g,8�e�tG}t �ePtP2P �� a9 • ta a. AT`TAC�IMENT TO 'TI� GREEN SHEET Saint Paul Manual & Maintenance Supervisors Association Below is a sut�unary of the changes in the Collective Bazgaining Agreement between the City and the Saint Paul Manual & Maintenance Association. The new contract is for the period of January 1, 1999 through December 31, 2000. Wages: 1999: 2.5% (Splits*: Ol/2/99 2.0%; 07/3/99 0.5%) 2000: 3.0% (Splits: O1/1/2000 2.8%; 07/1/2000 0.2%) *Wage implementation dates Health Insurance: 1999: Single $193.25 per month Family $368.14 per month 2000: Single $211.61 per month Family $391.64 per month The single contribution is equivalent to full single coverage. Deferred Compensation 1999: An additional $100 for Employees with 10 to 19 years of service. An additional $100 for Employees with 20 or more yeazs of service. Title Upgrade Employees in Grade 42 or above do not receive overtime. An additional five employees become eligible to receive overtime. Attachment to the Green Sheet The Saint Paul Manual & Maintenance Supervisors Association Page 2 Costs: Wages Health Insurance Deferred Compensation Title Upgrade Total: $ 1999 $87,737.75 $15,100.44 $4800.00 5 680.00 $113,318.19 Language Changes (summary) 2000 $105,28530 $19,400.52 $124,685.82 °lq -8w �- The contract includes other changes to contract language which are housekeeping in nature. �� - �..�r.�- � � ; � �� .-- � � � � - � . - � � � � °tq � 3�9� " . �, : � _ � � � � � _ � � = � �9g9 �= 2000 . - _ � LABOR`AGt�EEMEN7 _ . _ � 'BETWEEN � � � �� - ` , Tli�'CITY OF SAINT: PAUL � � �= ANT?.� � � � � � _ �_ _ . � ; _ : . � �_ ` �'HE SAINT FAI�L MANllAL & MAf1�7E1VArlCE z SUPER�1'SO#�S A.SSOC`Ii4Tl�1y � .:: � _ - � _ _ , = - � �� - _ - _ - � �; - � � ,. .. - . . _ - _ _ �� . . . - .. .. ., . . . _ _ . _ , . . _ . „ , _. . f � � • n U INDEX ARTICLE TITLE 1 Purpose ofAgreement 2 Recognition 3 Maintenance of Standards 4 Employer Security 5 Employer Authority 6 Association Security 7 Employee Rights-Grievance Procedure 8 Savings Clause 9 Seniority 10 Discipline 11 Constitutional Protection 12 Overtime and Premiums 13 Uniforms 14 Vacation 15 Holidays 16 Insurance 17 City Mileage 18 Severance Pay 19 Working Out of Classification 20 Sick Leave and Parental Leave 21 22 23 24 25 No Strike, No Lockout Right to Subcontract Deferred Compensation Wage Schedule Terms of Agreement PAGE 1 1 2 2 2 10 11 11 12 13 13 18 19 22 22 23 23 23 24 29 C� ARTICLE 1- PURPOSE OF AGREEMENT 1.1 This Agreement is entered into between the City of Saint Paul, hereinafter cailed the Employer, and the St. Paul Manual and Maintenance Supervisors Association, hereinafter called the Association. ARTICLE 2 - RECOGNITION 2.1 The Employer recognizes the Association as the exclusive representative, under the Public Employment Labor Relations Act of 1984, as amended, for all personnel in the following classifications: All manual maintenance supervisors who are employed for more that fourteen(14) hours per week and more than sixty-seven (67) works days per year by the City of Saint Paul, excluding all other Employees. Titles included: Animal Control Officer Bridge Maintenance Supervisor I Bridge Maintenance Supervisor II Building Maintenance Supervisor - Fire �ePartment Building Maintenance Supervisor - ubra�es Building Maintenance Supervisor - Parics � Recc�eason Custodial Supervisor - Civic Center Custodian Engineer (Public Safety Building) Dispatcherl Equipment Maintenance Supervisor Forestry Supervisor I Forestry Supervisor II Golf Course Superintendent Marina Services Supervisor Meter Operations Supervisor Night Custodial Supervisor — Civic Center Park Maintenance Supervisor I Park Maintenance Supervisor II Public Works Field Supervisor Public Works Supervisor I Public Works Supervisor II Public Works Supervisor {II Senior Zoo Keeper Sewer Supervisor 1 Sewer Supervisor Il Sewer Supervisor III Supervising Gardener Supervisor of Garbage Collection Supervisor of Water Production Maintenance Traffic Maintenance Supervisor I Traffic Maintenance Supervisor II Vehicle Mechanic Supervisor I Vehicle Mechanic Supervisor II Water Production Operations 5upervisor Water Service Supervisor Watershed Supervisor I Watershed Supervisor II Water Utility Mains Supervisor Zoo Supervisor 2.2 In the event the Empfoyer and the Association are unable to agree as to the inclusion or exclusion of a new or mod�ed job class, the issue shall be su6mitted to the Bureau of Mediation Services for determination. It is understood that this provision shall refer to the Bureau of Mediation Services only such issues as by law are under its jurisdiction. � • • ARTICLE 2 - RECOGNITION (Continued) 2.3 The Employer shall not enter into any Agreements covering terms and conditions of • employment with the Employees of the bargaining unit under the jurisdiction of this agreement, either individually or collectively which in any way conflicts with the terms and conditions of this Agreement, except through the certified representative. 2.4 Neither the Association nor the Empioyer shall discriminate against any Employee because of Association membership or non-membership, or because of his/her race, color, sex, religion, national origin, or political opinion or affliations. 2.5 All existing Civil Service Rules shall apply except those superseded by this Agreement. ARTICLE 3- MAINTENANCE OF STANDARDS 3.1 The City agrees that all conditions of employment relating to wages, hours of work, overtime differentials, vacations and general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul and Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement are made eisewhere in this • Agreement. ARTICLE 4 - EMPLOYER SECURITY 4.1 The Association agrees that during the life of this Agreement it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with the normal functions of the Employer. ARTICLE 5 - EMPLOYER AUTHORITY 5.1 The Employer retains the sole right to operate and manage aIl manpower, facilities and equipment in accordance with applicable laws and regulatibns of appropriate authorities. 5.2 Any terms and conditions of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Empioyer to modify, establish, or eliminate. 5.3 The exercise by the Employer of, or its waiver of, or its failure to exercise its full right of management or decision on any matter or occasion, shall not be a precedent or • be binding on the Employer, nor the subject or basis of any grievance not admissible in any arbitration proceeding. ARTICLE 5 - EMPLOYER AUTHORITY (Continued) 5.4 A public Employer is not required to meet and negotiate on matters of inherent managerial policy which include, but are not limited to, such areas of discretion or • policy as the functions and programs of the Employer, its overail budget, utilization of technology and organizational structure and selection and direction and number of personnel. ARTICLE 6 - ASSOCIATION SECURITY 6.1 The Employer shall deduct from the wages of the Employees who authorize such a deduction in writing an amount necessary to cover monthly Association dues. Such monies shall be remitted as directed by the Association. 6.2 The Association may designate Employees from the bargaining unit to act as stewards and alternates and shall inform the Employer in writing of such choices and of changes in the positions of stewards and/or altemates. It is further understood that the number and locations of stewards shall be limited and confined to numbers and locations as are necessary and reasonable to administer the provisions of this Agreement. 6.3 The Employer shail make space available on the Employee bulletin board for the posting of Association notice(s) and announcements(s). 6.4 The Association agrees to indemnify and hold the Employer harmless against any • and all ciaims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. 6.5 The Employer agrees that on the Employer's premises and without loss of pay the Association stewards shall be allowed to post official Association notices of the designated representatives, to transmit communications authorized by the Association or its officers under the terms of this contract, and to consult with the Employer, its representative, Association officers or the Association representative concerning the enforcement of any provisions of this Agreement, so long as such action does not interfere with regular Employee duties and is reasonab�e and necessary. 6.6 Stewards are authorized to perform and discharge the duties and responsibilities which are assigned to them under the terms of this Agreement and any supplementary Agreements. The Employer agrees that there shall be no restraint, interference, coercion or discrimination against a steward because of the performance of such duties. C� ARTICLE 6 - ASSOCIATION SECURITY (Continued) 6.7 Any present or future Employee who is not an Association member may be required • to contribute a fair share fee for services rendered by the Association. Upon � notification by the Association, the Employer shall check off said fee from the earnings of the Employee and transmit fhe same to the Association. In no instance shall the required contribution exceed a pro-rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations antl administration of grievance procedures. This provision shall remain operative only so long as specifically provided by Minnesota law, and as otherwise legal. It is also understood that the Association agrees to indemnify and hoid the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Gity as a result of any action taken or not taken by the City under the provisions of this section. ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Definition of a Grievance - A grievance is defined as a dispute or Disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 7.2 Association Representatives - The Employer will recognize Representatives designated by the Association as the grievance representatives of the bargaining • unit having the duties and responsibilities established by this Article. The Association shail notify the Employer in writing of the names of such Association representatives and of their successors when so designated as provided by 6.2 of this Agreement. 7.3 Processing of a Grievance - it is recognized and accepted by the Association and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and an Association Representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the Empioyer during normal working hours provided that the Employee and the Association Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. . ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Continued) 7.4 Procedure - Grievances, as defined by Section 7.1, shall be resolved in • conformance with the following procedure: Step 1. An Employee claiming a violation conceming the interpretation or application of this Agreement shall, within one month 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) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall 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 shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Association within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Association and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give . the Association the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 wifhin ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Association within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Association and discussed with Labor Relations Director of his/her designee. The Employer-designated representative shall give the Association the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer in Step 3. � 5 ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Continued) • Oorional Mediation Sten 1. If the grievance has not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendaz days, request mediation. If both parties agree that the grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediarion Services for the assignment of a mediator. 2. Grievance mediation is an optional and voluntary part of the grievance resolution process. It is a supplement to, not a subsritute for, grievance azbitration. When grievance mediation is invoked, the contractual time lnnit for moving the grievance to azbitration shall be delayed for the period of inediation. Either party may at any time opt out of inediation at which time, the Union may then proceed to arbitration. 3. The grievance mediation process shall be informal. Rules of evidence shall not apply, and no record shall be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and azgument to support their case. The mediator may meet with the parties in joint session or in separate caucuses. At the request of both parties, the mediator may issue an oral recommendation for settlement. • Unless the parties agree otherwise, the outcome sha11 not be precedential. 6. If the grievance is not resolved and is subsequently moved to arbitration, such proceeding shall be de novo, in that, nothing said or done by the parties or the mediator during grievance mediation with respect to their positions conceming resolution or offers of settlement may be used or referred to during azbitration. • Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Association shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. C� ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Continued) 7.5 Arbitrator's Authority - A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Association, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Association and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. � C. The fees and expenses for the arbitrator's services and proceedings shall be bome equally by the Employer and the Association provided that each party shatl be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it . may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 If a grievance is (1) not presented within one month of its occurrence by the employee as described in Step l, or (2) arbitration has not been requested by the Association within two months of the Association's filing of its written grievance in Step 2, it shall be considered "waived". If the Employer does not answer a grievance or an appeal thereof within the specified time lnnits, the Association may elect to treat the grievance as denied at the step and immediately appeal the grievance to the next step. The time limit in each step may be e�ended by mutual written agreement of the Employer and the Association in each step. 7.7 It is understood by the Association and the Employer that if an issue is determined by this grievance, that issue shall not again be submitted for arbitration under the provision of the Rules and Regulations of Civil Service. It is further understood that if an issue is submitted and determined by the grievance procedure under the Civil Service Rules and Regulations, it shall not again be submitted for arbitration under the procedures set forth in this Article. • ARTICLE 8 - SAVINGS CLAUSE 8.1 This Agreement is subject to the laws of the United States, the State of � Minnesota. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shali be voided. All other provisions shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. Ali other provisions of this Agreement shall continue in full force and effect. ARTICLE 9 - SENIORITY 9.1 Seniority, for the purpose of this Agreement, shall be defined as follows: A. "City Seniority" - The length of continuous, regular and probationary service with the Employer from the last date of employment in any and all class titles. B. "Cfass Seniority" - The length of continuous, regular and probationary service with the Employer from the date an Employee was first certified and appointed to a class title covered by this Agreement, it being further understood that class seniority is confined to the current class assignment held by an Employee. • 9.2 Seniority shall terminate when an Employee retires, resigns, or is discharged. 9.3 Seniority shall not accumulate during an unpaid leave of absence, except when such leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an Employee to accept an appointment to the unclassified service of the Employer; or is granted to take an elected or appointed full-time position with the Association. 9.4 In the event it is determined by the Employer that it is necessary to reduce the work force, Employees will be laid-off by class title within each division based on inverse length of "Class Seniority." Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after two years of layoff. In cases where there are promotional series, such as Supervisor I, Supervisor II, Supervisor 111, etc., when the number of Employees in these higher titles is to be reduced, Employees who have held lower titles which are in this ba�gaining unit will be offered reductions to the highest of these titles to which class seniority would keep them from being laid off, before layoffs are made by any class title in any department. . ARTICLE 9 - SENIORITY (Continued) It is further understood that a laid off Employee shali have the right to placement � in any lower-paid class title, provided said Employee has been previously certified and appointed in said lower-paid class title. In such cases, the Employee shall first be piaced on a reinstatement register and shall have "Class Seniority" based on the date originaily certified and appointed to said class. Employees may also apply for positions in a lower class but may, nevertheless, return to original class as provided in paragraph (A) above. 9.5 To the e�ent possible, vacation periods shall be assigned on the basis of "City Seniority," within each class, by division. I# is however, understood that vacation assignments shall be subject to the ability of the Employer to maintain operations. 9.6 Promotions shall be handled in accordance with current Civil Service Rules and practices. 9.7 The Employer shall post a seniority list at least once every six (6) months. 9.8 Notwithstanding anything in this Agreement to the contrary, no employee in a position outside this bazga.ining unit may bump into a position in this unit, except as described here: 9.8.1 an employee outside the unit may return to a vacancy in this unit if selected • following prescribed procedures; 9.8.2 an employee outside the unit may bump the most junior employee in a position previously held by the retuming employee if a bumping right has been provided under the Tri Council agreement to members of this unit, and if provided, the rights of employees attempting to bump back into this unit shall be the same in every respect but shall not exceed those rights given to members of this unit by the Tri Council contract. ARTICLE 10 - DISCIPLINE 10.1 The Employer will discipline Employees for just cause only. Discipline will be in the form of: a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge. 10.2 Suspensions, reductions and discharges will be in written form. • 0 ARTICLE 10 — DISCIPLINE (Continued) 10.3 Employees and the Association will receive copies of written reprimands and � notices of suspension and discharge. 10.4 Employees may examine all information in their Employer personnei files that concerns work evaluation, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the Employer. Na documents concerning work evaluation or discipline of an Employee will be placed in the Employee's personnel file unless it contains the signature of the Employee acknowiedging the Employee's receipt of the document prior to placing it in the file. 10.5 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the Employee and/orAssociation may request, and shall be entitled to a meeting with the Employer representative who initiated the suspension with intent to discharge. During said five (5) day period, the Employer may affirm the suspension and discharge in accordance wifh Civil Service Rules or may modify, or withdraw same. 10.6 An Empioyee to be questioned concerning an investigation of disciplinary action shall have the right to request that a Association representative be present. • ARTICLE 11 - OVERTIME AND PREMIUMS 11.1 Employees (with the exception of those covered in Section 12.2 hereofl shall be paid one and one-half (1.5) times the regular rate of pay for work performed in excess of the regular work day and/or the forty (40) hour work week. 112 Employees in classifications in salary grade 42 or above shall be paid straight time for work performed in excess of the regular work day and/or forty (40) hour work week. 11.3 An Employee who is called back to work following the completion of hislher regular work day shall be guaranteed four (4) hours pay at his/her regular straight time rate. 11.4 Major holidays, for the purpose of this Section, shall include the following: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day. Minor holidays, for the purpose of this Section, shall include the following: Martin Luther King Day, Presidents' Day, Veterans' Day, and the Day after Thanksgiving. An Employee working a major holiday as defined herein shall receive time and one-half (1.5) his/her regular rate of pay for all work performed on such holiday, and an Employee working a minor holiday as defined herein shall receive straight time for such holiday work, it being understood that • all payments for holiday work shall be in addition to regular holiday pay. �o ARTICLE 11 - OVERTIME AND PREMIUMS (Continued) 11.5 An Employee shall be compensated in either compensatory time off or overtime payment in cash. Employees may express a written preference for the method of � overtime payment, cash or compensatory time. 11.6 A night differential of five percent (5%) shall be provided to Employees who work night shifts as defined herein. A night shift will be considered to be a regularly assigned shift beginning earlier than 6 a.m., or ending later than 6 p.m., provided that at least five (5) hours of said shift are worked befinreen the hours of 6 p.m. and 6 a.m. It is further understood that in case of regularly assigned shifts beginning eariier than 6 a.m. or ending later than 6 p.m. which involve less than five (5) hours of work, an Employee shall be eligible for the night differential only for the hours actually worked during night shift hours. 11.7 Employees may decline to carry city cell phones, pagers or beepers during non- working hours. In the event that the City directs an employee to carry city cell phones, pagers or beepers to standby for non-working hours, the Employer and the Association shatl establish a premium for such duty. ARTICLE 12 - UNIFORMS The City shall furnish a uniform or required equipment to any employee who is required by the City to wear the uniform or utilize the equipment as condition of • employment. After providing, at its expense, an initial uniform to employees required to wear a uniform, the City will reimburse these employees for necessary replacement parts of the uniform annually per payroll calendar year beginning the year after the employee's initial issue of uniform. Employees must present receipts to be reimbursed. 12.3 The Employer agrees to pay $50.00 per year for safety shoes purchased by an Employee who is a member of this unit. The Employer shall only corrtribute toward the cost of one pair of shoes per contract year. This reimbursement shall be made only after investigation and approval by the immediate supervisor of that Employee. This Employer contribution shall apply only to those Employees who are required by the Employer to wear protective shoes or boots. Employees may accrue $160.00 for the purchase of shoes. � 11 ARTICLE 13 - VACATION • 13.1 In each calendar year, each full-time Employee shall be granted vacation according to the following schedule: Years of Service 0 thru 4th year 5th year thru 9th year 10th year thru 15th year 16th year thru 23rd year 24th tear and thereafter Vacation Granted 10 days 17 days 19 days 24 days 26 days 13.2 Employees who work less than full-time shall be granted vacation on a pro rata basis. 13.3 The head of the department may permit an Employee to carry over into the following fiscal year up to one hundred twenty (120) hours of vacation. The vacation cap of 120 hours shall be applied on the last work day of the calendar year. 13.4 The above provisions of vacation shall be subject to Resolution No. 6446, Section i, Sub. H. 13.5 For the purposes of this Article 14, years of service shall be defined as the • number of years since the Employee's date of appointment. This shall not include years of service prior to a resignation. ARTICLE 14 - HOLIDAYS 14.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Years Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Two floating holidays LaborDay Veterans' Day Thanksgiving Day Day After Thanksgiving Christmas Day Eligible Employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. C� 12 ARTICLE 14 — HOLIDAYS (Continued) 14.2 The floating holidays set forth in Section 15.1 above may be taken at any time during the contract year, subject to the approval of the Department Head of any • Employee. 14.3 Eligibility Requirements. In order to be eligible for a holiday with pay, an Employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an Employee must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purpose of this section. it is further understood that neither temporary, emergency nor other Empfoyees not heretofore eligible shall receive holiday pay. ARTICLE 15 - INSURANCE 15.1 The insurance plans, premiums for coverages and benefits contained in the insurance plans offered by the Employer shall be solely controlled by the contracts negotiated by the Employer and the benefit providers. The Employer will attempt to prevent any changes in the benefits offered by the benefit providers. However, the Employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. 15.2 Effective January 1, 1999, for each eligibie Empioyee coverecf by this Agreement • who is employed full-time and who selects Employee insurance coverage, the Employer agrees to contribute $19325 toward the cost of single health insurance premium. Effective January 1,1999, for each eligible full-time Employee who selects family health insurance coverage, the Employer will contribute the cost of such family coverage, or $368.14 per month, whichever is less. Effective January 1, 2000, for each eligible Employee covered by this Agreement who is employed full-time and who selects Employee insurance coverage, the Employer agrees to contribute the full cost of the single health insurance premium. Effective January 1, 2000, the Employer's contribution toward family insurance coverage shown above for 1999 shall be adjusted to reflect an increase of fifty percent (50%) of the largest 2000 premium increase for family health insurance coverage provided by the Employer. (Not to exceed $23.50/per month above the 1999 employer contribution.) 15.3 For each eligible Employee the Employer agrees to contribute the cost of $5,000 life insurance coverage. • 13 ,. ARTICLE 15 - INSURANCE (Continued) 15.4 In addition to the $5,000 Life Insurance Coverage in 15.3 the Employer agrees to • contribute the cost of additional Life Coverage or $0.59 per thausand dollars of coverage per month, whichever amount is less. The total amount of Life Insurance Coverage provided under this Section and Section 15.3 for each Employee shall be equal to the Employee's annual salary to the nearest full thousand dollars. For the purpose of this section, the Employee's annual salary shall be based on the salary as of the beginning of a contract period. This contribution shall be paid to the City's Group Health and Welfare Plan. Retiree Insurance 15.5 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 15.6 through 15.16 below, toward a health insurance plan offered by the Employer: 15.5(1) Be receiving benefits from a public Employee retirement act at the time of retirement, and 15.5(2) Have severed his/her relationship with the City of Saint Paul for reasons other than misconduct, and 15.5(3) Have completed at least 20 years service with the City of St. Paul. • Employment with School District #625 will not be counted toward the service requirement for Empioyees hired after Ol/Ol/97 towazd years of service for retiree health eligibility. Early Retirees 15.6 This Section shall apply to full time Employees who: 15.6(1) Retire on or after January 1, 1996, and 15.6(2) Were appointed on or before December 31, 1995, and 15.6(3) Have not attained age 65 at retirement, and 15.6(4) Meet the terms set forth in Section 15.5 above, and 15.6(5) Select a health insurance plan offered by the Employer. Until such Employees reach sixty-five (65) years of age, the Employer agrees that for retirees selecting single coverage, the Empioyer will provide the same contribution as is provided for active Employees selecting single coverage under this Agreement. This amou�t, however, shall not exceed $350.00 per month. For Employees selecting family health insurance coverage, the Employer will contribute $350.00 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. In addition, the Employer will contribute the cost for $5,000 life insurance until the retiree attains the age of 65. 14 ARTICLE 15 - INSURANCE (Continued) When such early retiree attains age 65, the provisions of Section 15.8 shall apply. 15.7 This Section shall apply to full time Employees who: 15.7(1) 15.7(2) 15.7(3) 15.7(4) 15.7(5) Retire on or after January 1, 1996, and Were appointed on or after January I, 1996, and Nave not attained age 65 at retirement, and Meet the conditions set forth in Section 15.5 above, and Select a health insurance pian offered by the Employer. Until such retirees reach sixty-five (65) years of age, the Empioyer agrees to contribute a maximum 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. in addition, the Employer will contribute the cost for $5,000 life insurance until the retiree attains the age of 65. When such early retiree attains age 65, the provisions of Section 16.9 shall apply. • Upon such retiree reaching the age of sixty-five (65), such Employer contributions toward such early retiree coverages shall terminate. The Employer will also contribute the cost for $5,000 of life insurance coverage for such eariy retiree until the early retiree reaches age sixty-five (65), at which time the life • insurance coverage shall terminate. Regular Retirees (Age 65 and over) 15.8 This Section shall apply to full time Employees who: 15.8(1) Retire on or after January 1, 1996, and 15.8(2) Were appointed on or before January 1, 1996, and 15.8(3) Have attained age 65 at retirement, and 15.8(4) Meet the terms set forth in Section 15.5 above, and 15.8(5) Select a health insurance plan offered by the Employer. The Employer agrees to contribute a maximum of $550.00 per month toward the premium for single or family health insurance coverage offered by the Employer to regular retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Section shall also apply to early retirees who retired under the provisions of Section 16.6 when such early retirees attain age 65. • 15 1 { ARTICLE 15 - INSURANCE (Continued) � 15.9 This Section shall apply to full time Employees who: 15.9(1) Retire on or after January 1, 1996, and 15.9(2) Were appointed on or after January 1, 1996, and 15.9(3) Have attained age 65 at retirement, and 15.9(4) Meet the terms set forth in Sections 15.5 above, and 15.9(5) Select a health insurance plan offered by the Empioyer. The Employer agrees to contribute a maximum of $300.00 per month towards 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 early retired under the provisions of Section 15.7 when such early retirees attain age 65. 15.10 If an Employee does not meet the condition of Section 15.5(3), but has completed at least ten (10) years of service with the City, he/she may purchase single or family health insurance coverage through the Employer's insurance program. The total cost of such insurance coverage shall be paid by the retiree. 15.11 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's health • insurance program. 15.12 Any cost of any premium for any City-offered Employee or family insurance coverage in excess of the dollar amounts stated in this Article 15 shall be paid by the Employee. 15.13 The contributions indicated in this Article 16 shall be paid to the Employer's Third Party Administrator. 15.14 The Employer will provide a system whereby the Empioyee's contribution toward premiums for the Employee selected health insurance coverages can be paid on a pre- tax basis. Employees covered by this Agreement will be eligible to participate in the Flexible Spending Account as offered by the Employer. The senrice fee charged to participating Employees shall be paid by the Employer. 15.15 Employees covered by this Agreement shall be eligible to participa#e in the Dependent Care Reimbursement Account offered by the Employer. The service fee charged to participating Employees shall be paid by the Employer. • �6 �� ARTICLE 15 - INSURANCE (Continued) Survivor Insurance 15.16 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. ln the event of the death of an early retiree or a regular 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 further understood that coverage shall cease in the event of: 15.16(1) Subsequent remarriage of the surviving spouse of the deceased Employee or retiree. 15.16(2) The employment of the surviving spouse or dependent where health 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 City health insurance for . the first ninety (90) days of said employment. ARTICLE 16 - CITY MILEAGE 16.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and Employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 16.2 Method of Computation: To be eligible for such reimbursement, all officers and Employees must receive written authorization from the Department Head. Type 1. If an Employee is required to use his/her own automobile OCCASIONALLY during employment, the Employee shall be reimbursed at the rate of $3.00 per day for each day the Employee's vehicle is actually used in performing the duties of the Employee's position. In addition, the Employee shall be reimbursed $.15 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 avaifable for the Employee's use but the Employee desires to use his/her own automobile, then the Employee shall be reimbursed at the rate of • $.15 per mile driven and shall not be eligible for any per diem. � 1 � ARTICLE 16 - CITY MILEAGE (Continued) Type 2. If an Employee is required to use his/her own automobile REGULARLY • during employment, the Employee shall be reimbursed at the rate of $3.00 per day for each day of work. in addition, the Employee shall be reimbursed $.15 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 availab�e for the Employee's use, but the Employee desires to use his/her own automobile, then the Employee shail be reimbursed at the rate of $.15 per mile driven and shall not be eligible for any per diem. 16.3 The City will provide parking at the Civic Center Parking Ramp for City Employees on either of the above mentioned types of reimbursement plans who are required to have their personal car available for City business. Such parking will be provided only for the days the Employee is required to have his or her own personal car available. 16.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shal! file daily reports indicating miles driven and shali file monthly a�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 property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the City Clerk. ARTICLE 17 - SEVERANCE PAY 17.1 The Employer shall provide a severance pay program as set forth in this Article. 17.2 To be eligible for the severance pay program, an Employee must meet the following requirements: 17.2.1 The Employee must be 58 years of age or older or must be eligible for pension under the "rule of 85" or "rule of 90" provisions of the Pubiic Employees Retirement Association (PERA). 17.2.2 The Employee must be voluntarily separated from City employment or have been subject to separation by layoff or compulsory retirement. Those Employees who are discharged for cause, misconduct, inefficiency, • incompetency, or any other disciplinary reason are not eligible for the City severance pay program. rTc� ARTICLE 17 - SEVERANCE PAY (Continued) 17.2.3 The Employee must have at least ten (10) years of service under the classified or unclassified Civil Service at the time of separation. • 17.2.4 The Employee must file a waiver of reempioyment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the Empioyee waives all claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 17.2.5 The Employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his/her separation from service. 17.3 If an Employee requests severance pay, and if the Employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the Employee on the date of separation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 17.4 The maximum amount of money that any Employee may obtain through this severance pay program is $6,500. 17.5 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 afl • of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the Employee's estate or spouse. 17.6 For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 17.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 17.8 This severance pay program shali be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this Article conflict with said ordinance and in such cases, the provisions of this Article shall control. 17.9 The provisions of this Article shall be effective December 31, 1984. 17.10 Any Employee hired prior to December 31, 1982, may, in any event, and upon meeting the qualifications of this Article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, Section 1, Section 6, draw severance pay. However, an election by the Employee to draw severance pay under either • this article or the ordinance shall constitute a bar to receiving severance pay from 1s , � ARTICLE 17 - SEVERANCE PAY (Continued) the other. Any Employee hired after December 31, 1984, shall only be entitled to- the benefits of this article upon meeting the qualifications herein. 17.11 For Employees regularly appointed to a title covered by this Agreement on or after January 1, 1990, the Employer shall provide only the severance pay program as set forth in 17.12 through 17.18. 17.12 The Employer shall provide a severance pay program as set forth in this Article. 17.13 To be eligible for the severance pay program, an Employee must meet the following requirements: 17.13.1 The Employee must be voluntarily separated from City employment or have been subject to separation by layoff or compulsory retirement. Those Employees who are discharged for cause, misconduct, ine�ciency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. � 17.13.2 The Employee must file a waiver of reemployment with the Human Resource Director, which will clearly indicate that by requesting severance pay, the Employee waives all claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 17.13.3 The Employee must have an accumulated batance of at least eighty (80) days of sick leave credits at the time of his separation from service. 17.14 If an Employee requests severance pay and if the Employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the Employee on the date of separation for each day of accrued sick leave subject to a maximum as shown below based on the number of years of service in the City. Years of Service with the City At Least 20 21 22 23 24 25 Maximum Severance Pay $ 5,000 6,000 7,000 8,000 9,000 10,000 17.15 For the purpose of this severance program, a death of an Employee shall be • considered as separation of employment, and if the Empioyee 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. � ARTICLE 17 - SEVERANCE PAY (Continued) 17.16 For the purpose of this severance program, a transfer from the City of Saint Paul employment to independent School District No. 625 employment is not • considered a separation of employment, and such transferee shall not be eligible for the City severance program. 17.17 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 17.18 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. 17.19 Notwithstanding Article 17.11, Employees regularly appointed to a title covered by this Agreement prior to January 1, 1990, who meet the qualifications as defined in 17.13, may elect to draw severance pay under the provisions set forth in 17.14. However, an election by an Employee to draw severance pay under 17.13 through 17.14 shal constitute a bar to drawing severance pay under any other provisions set forth in this Article 17. ARTICLE 18 - WORKING OUT OF CLASSIFICATION 18.1 Any Employee working an out-of-class assignment for a period in excess of � fifteen (15) working days during any fiscal year (of the Employer) shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth day of such assignment. For purposes of this article, an out-of-class assignment is defined as the full-time performance of all of the significant duties and responsibilities of a classification by an individual in another classification. For the purpose of this article, the rate of pay for an out-of-class assignment shall be the same rate the Employee would receive if he was promoted to the higher classification. ARTICLE 19 - SICK LEAVE AND PARENTAL LEAVE 19.1 Sick leave shall be earned and granted in accordance with the Civil Service Rules. 19.2 In the case of a serious illness or disability of an Employee's child, parent, or household member, the head of the department shall grant leave with pay in order for the Employee to care for or make arrangements for the care of such sick or disabled persons. Such paid leave shall be drawn from the Employee's accumulated sick leave credits. Use of such sick leave shall be limited to 40 hours per incident. • 21 � 3 ARTICLE 19 - SICK LEAVE AND PARENTAL LEAVE (Continued) 19.3 Any Employee who has accumulated sick leave credits, as provided in the Civii � • Service Rules, may be granted one day of sick leave to attend the funeral of the Employee's grandparent or grandchild. 19.4 If an Employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he/she may convert any part of such excess to 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. 19.5 Parental Leave. Pregnant Empioyees 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 i�l 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. A twelve (12) month Parental leave af absence without pay shall be granted to a natural parent or an adoptive parent, who requests such leave in conjunction with the birth or adoption of a child. Such leave may be extended an additional twelve (12) months by mutual Agreement between the Employee and the Employer. Refusal on the part of the • Empioyer to grant an extension of such leave shall not be subject to the provisions of Article 6 of this Agreement. Employees who return 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. 19.6 Leave for School Conferences: An Employee shall be granted up to a total of sixteen (16) hours during a school year to attend conferences or classroom activities related to the Employee's child, provided the conference 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 reasonabie effort to schedule the leave so as not to unduly disrupt the operations of the Employer. An Employee shall be allowed to use vacation or compensatory time for this leave; otherwise, this leave shall be without pay. 19.7 Voluntary Unpaid Leave of Absence: Effective upon the date of the signing of this Agreement, a full-time Employee may be granted a voluntary leave of absence without pay for up to 480 hours per fiscal year. During such leave of absence, the Employee shall continue to earn and to accrue vacation and sick • leave, seniority credits, and shali 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 Department Head. 2z ARTICLE 19 - SICK LEAVE AND PARENTAL LEAYE (Continued) 19.8 Any employee who is required during his/her regular working hours to appear in • court as a juror or witness, except as a witness in the employee's own behalf against the Employer, shall be paid his/her regular pay while so engaged. Arty fees that the employee may receive from the court for such service shall be paid to the City and be deposited with the City Finance Director. Any employee who is scheduled to work a shift, other than the normal daytime shift, shail be rescheduled to work the normal daytime shift during such time as he/she is required to appear in court as a juror or witness. ARTICLE 20 - NO STRIKE, NO LOCKOUT 20.1 The Association and the Employer agree that there shall be no strikes, work stoppages, slow downs, sit-down, stay in, or other considered interFerence with the Employers' business or affairs by the Association and/or the members thereof, and there shall be no bannering during the existence of this Agreement without first using all possible means of peaceful settiement of any controversy that may arise. ARTICLE 21 - RIGHT TO SUBCONTRACT 21.1 The Employer may at anytime during the duration of this Agreement contract out work done by the Employees covered by this Agreement. in the event that such • contracting would result in reduction of the work force covered by this Agreement, the Employer shall give the Association a ninety (9Q) calendar day notice of the intention to subcontract. ARTICLE 22 - DEFERRED COMPENSATION 22.1 Beginning January I, 1999 Employees who have completed ten (10) years of service shall have $400.00 for Deferred Compensation paid by the Employer on a dollar for dollar match. 222 Employees who have completed twenty (20) years of service shall have $600.00 for Deferred Compensation paid by the Employer on a dollar for dollar match. 22.3 The Employer will match contributions on September 1 of each year, and also at the end of the fiscal year, not to exceed the amount specified in 22.1 and 22.2 above. • 23 . ,� r1 U ARTICLE 23 - WAGE SCHEDULE � GFtADE OlU 481 DISPATCHER i-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 20.87 20.97 21.56 21.60 GRADE 02U 1-2-99 7-3-99 i-1-2000 7-1-2000 A (1) 21.01 21.12 21.71 21.75 Ct1:7_U7�DLl�I � J 1-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 21.04 21.15 21.74 21.79 B �2) 21.83 21.94 22.55 22.60 • � � 1. 123A CUSTODIAL SUPV--CIVIC CENTER C� 1-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 19.37 19.47 20.02 20.06 24 GRADE 08U 212A IVIGH"I' CUSTODIAL SUPV--CG 1-2-99 7-3-99 1-1-2000 7-1-20000 A (1) 1633 16.41 16.87 16.90 GRADE 030 1-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 1476.96 148434 1525.90 1528.95 B �2) 1516.74 152432 1567.00 1570.13 GRADE 033 1-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 1613.93 1622.00 1667.42 1670.75 B �2) 1659.10 1667.40 1714.09 1717.52 304A MARINA SERVICES SUPERVISOR GRADE 034 1-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 1651.64 1659.90 1706.38 1709.79 B �2) 1698.06 1706.55 175433 1757.84 ,, u • • 25 ., GRADE 035 • i-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 1678.55 1686.94 1734.17 1737.64 B �2) 1723.73 173235 1780.86 1784.42 338A SElVIOR ZOO KEEPER GRADE 036 475 FORESTRY SUPERVISOR 208 GOLF COURSE SUPERINTENDENT 076A PARK MAINTENANCE SUPERVISOR 368 PUBLIC WORKS SUPERVISOR I 416 SEWER SUPERVISOR I 172A TRAFFIC MAINTENANCE SUPV I 525A WATER MAINTENANCE SUPERVISOR 528 WATER SERVICE SUPERVISOR 532 WATERSHED SUPERVISOR I 536 ZOO SUPERVISOR • 1-2-99 7-3-99 1-1-20000 7-1-2000 A (1) 1751.14 1759.90 1809.18 1812.80 B �2) 1798.66 1807.65 1858.26 1861.98 GRADE 037 • 1-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 1757.66 1766.45 1815.91 1819.54 B �2) 1805.23 1814.26 1865.06 1868.79 26 GRADE 038 1-2-99 7-3-97 1-1-2000 7-i-2000 A (1) 184839 1857.63 1909.64 1913.46 268A BRIDGE MAINT SUPERVISOR I 230A METER OPERATIONS SUPERVISOR 369 PUBLIC WORKS SUPERVISOR II 809 SEWER SUPERVISOR II 560 SUPV OF GARBAGE COLLECTION 964 VEHICLE MECHANIC SUPERVISOR I_ 194 WATER UTILITY MAINS SUPERVISOR 542 WATERSHED SUPERVISOR II B �2) 1901.44 1910.95 1964.46 196839 GRADE 039 173 EQUIPMENT MAINT SUPERVISOR i-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 1895.70 1905.18 1958.53 1962.45 B �2) 1948.75 1958.49 201333 201736 ; - �]�GL�1] 103 FORESTRY SUPERVISOR II 620 TRAFFIC MAINTENANCE SUPV II 394A VEHICLE MECHANIC SUPERVISOR II 557A WATER PLANT PRODUCTION SUPV PARK MAINTENANCE SUPERVISOR II 1-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 1956.79 1966.57 2021.63 2025.67 B �2) 2016.44 2026.52 2083.26 2087.43 i • n LJ 27 . o i a GRADE 041 u 1-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 2016.44 2026.52 208326 208'7.43 269A BRIDGE MAINT SUPERVISOR II 233A BUILD MAINT SUPV-LIBRARIES 622 PUBLIC WORKS SUPERVISOR III 623 SEWER SUPERVISOR III B �2) 2073.95 208432 2142.68 2146.97 GRADE 043 • 1-2-99 7-3-99 1-I-2000 7-1-2000 1-2-99 7-3-99 1-1-2000 7-2-2000 A (1) 213032 2140.97 2200.92 220532 A (1) 2195.55 2206.53 2268.31 2272.85 079 BLTILD MAINT SUPV--FIRE DEPT B �2) 2192.19 2203.15 2264.84 2269.37 �•� �,. 624 Pi3BLIC WORKS FIELD SUPERVISOR B �2) 2260.77 2272.07 2335.69 234036 GRADE 045 680 BUILD MAINT SUPV--PARKS & REC • 1-2-99 7-3-99 i-1-2000 7-1-2000 A (1) 2261.86 2273.17 2336.82 2341.49 B �2) 232930 2340.95 2406.50 241131 28 ARTICLE 24 - TERMS OF AGREEMENT 241 This Agreement shall be effective as of January 1, 1999, and shall continue in effect through December 31, 2000 . This Agreement sha11 not be eatended orally and it is understood that it shall expire on the date indicated. 242 It is understood that this settlement shall be recommended by the Director of Labor Relations, but is subject to approval by the City Council and Civil Service Commission. 243 The Employer and the Association acknowledged that during the meeting and negotiating which resulted in this Agreement, each had the right and opporiunity to make proposals with respect to any subj ect concerning the terms and conditions of employment. The Agreements and understandings reached by the parties after the exercise of ttris right aze fully and completely set forth in this Agreement. Any and all prior Agreements, resolutions, practices, policy or rules or regulations regazding the terms and conditions of employment to the extent they aze inconsistent with this Agreement aze hereby superseded. CITY OF SAINT PAUL �� l � Terry altiner Manager o£ Labor Relations �IZ19y Date TF� SAINT PAUL MANUAL AND MAINTENANCE SUPERVISORS ASS CIATION � � Mike M' ler President Date 9-/- �„ � • • ►�] ♦, n c S . MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAINT PAUL 8b THE SAINT PAUL MANUAL & MAINTENANCE SUPERVISORS ASSOCIATION The City of Saint Paul and the Saint Paul Manual & Maintenance Supervisors Association agree to the following: ARTICLE 19.1 Working out of Classification, states; Any Employee working an out-of-class assignment for a period in excess of fifteen (15) working days during any fiscal year (of the Employer) shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth day of such assignment. The language states that an employee holding an out-of-classification position in excess of fifteen (15) working days will receive the rate of pay • for the out-of-ciassification position. It is understood, that individual Departments have established different practices regarding where in the fifteen days the out-of-classification pay begins. The Departments will continue to exercise their individual discretion regarding the day to initiate the out-of-classification rate of pay, as long as it begins on, or before, the suiteenth (16) day. WITNESSES: FOR THE CITY VY� �� Joe Reid Budget D'uector SAINT PAUL MANUAL 8s MAINTENANCE SUPERVISORS ASSOCIATION � Mike Miller President DATE: �" �— l I DATE: �'� �� u Council File # � • $' q'd. ORI�lNA� Presentea Referred To Committee Date 2 � RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # 08903 �� RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached January i, 1999 through December 31, 2000 Labor Agreement between the City of Saint Paul and The Saint Paul Manual & Maintenance Supervisors Association. Requested by Department of: Office of Labor Relations BY: �� I � Adoption Certifiad by Council Secretary By: " 1 � a- _ � .�_-•_-�_s _ � /��7� Il �f�� Approved Uy Mayor ate By: Adopted by CouncIl: Date 8,� _��`�q� Form Ap ved by ' Attorney B}': � ` �X ��l`3�ci�S DEPARTMENT/OFFICF/COUNCII,: DATE INTTIATED GREEN SHEET No.• 08903 �� •�? LABOR RELATIONS August 31, 1999 ' CONTACT PERSON & PHONE: II�urmLDwiE II�iMImwTE STEVE 50NNABEND 266-6499 � / �,J ASSIGN 1 DEPARTMENT DIR.� 4 CITY COL�VCIL NUMBER 2 CITY ATCORNEY CITY CLERK BUM'ET DIIt � FIN. & MGT. SER�7CE DIR. MUSI' BE ON COUNCQ. AGENDA BY (DATE) ROUTING 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIGNAT[JRE PAGES 1 (CLIP ALL IACATTONS FOR SIGNATURE) ncnox xeQVESrEn: This resolution approves the attached January 1, 1999 — December 31, 2000 Labor Agreement between the City of Sairn Paui and The Saint Paul Manual & Maintenance Supervisors Association. RECOb4vfENDATTONS: Approve (A) or Rejec[ (R) PERSONAL SERVICE CONTRACTS MOST eNSWER THE FOLLOWING QUESfIONS: PI.ANNING CAMbIISSION _C[VII, SERVICE COMA�IISSION 1. Has iLis persodfmn ever warked under a convact for Hus deparunent? CIB COMMIT'I'EE Yes No STAFF 2. Has trtis persodfmn ever been a ciTy employce? DISIRICT CAURT Yes Na SUPPORIS WHICH COUNCIL OBJECTIVE? 3. Dces this persoNfum possess a skill not nmmally possesed by any cwrrnt c�ty tmpWyct� Yes No Ezplain all yes anmers on separete sheM and aUach to green sheet ,�_ , INTTIATING PROBLEM, ISSUE, OPPORTUNI7'] (lVho, What, When, Where, Why). anv,vrrncesiFnrrROVen: An Ageement in place through December 31, 2000. DISADVpNTpGESIFAPPROVED: NODB nisnnvnnrnc�.s�rvorarrxovEn_ The relationship between this unit and the City would be strained. This unit would be on an unequal footing with other Supervisory Units. TOTAL AMOUNT OF TRANSACTION: $ COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORMATION: (EXPLAIN) � �' °� g,8�e�tG}t �ePtP2P �� a9 • ta a. AT`TAC�IMENT TO 'TI� GREEN SHEET Saint Paul Manual & Maintenance Supervisors Association Below is a sut�unary of the changes in the Collective Bazgaining Agreement between the City and the Saint Paul Manual & Maintenance Association. The new contract is for the period of January 1, 1999 through December 31, 2000. Wages: 1999: 2.5% (Splits*: Ol/2/99 2.0%; 07/3/99 0.5%) 2000: 3.0% (Splits: O1/1/2000 2.8%; 07/1/2000 0.2%) *Wage implementation dates Health Insurance: 1999: Single $193.25 per month Family $368.14 per month 2000: Single $211.61 per month Family $391.64 per month The single contribution is equivalent to full single coverage. Deferred Compensation 1999: An additional $100 for Employees with 10 to 19 years of service. An additional $100 for Employees with 20 or more yeazs of service. Title Upgrade Employees in Grade 42 or above do not receive overtime. An additional five employees become eligible to receive overtime. Attachment to the Green Sheet The Saint Paul Manual & Maintenance Supervisors Association Page 2 Costs: Wages Health Insurance Deferred Compensation Title Upgrade Total: $ 1999 $87,737.75 $15,100.44 $4800.00 5 680.00 $113,318.19 Language Changes (summary) 2000 $105,28530 $19,400.52 $124,685.82 °lq -8w �- The contract includes other changes to contract language which are housekeeping in nature. �� - �..�r.�- � � ; � �� .-- � � � � - � . - � � � � °tq � 3�9� " . �, : � _ � � � � � _ � � = � �9g9 �= 2000 . - _ � LABOR`AGt�EEMEN7 _ . _ � 'BETWEEN � � � �� - ` , Tli�'CITY OF SAINT: PAUL � � �= ANT?.� � � � � � _ �_ _ . � ; _ : . � �_ ` �'HE SAINT FAI�L MANllAL & MAf1�7E1VArlCE z SUPER�1'SO#�S A.SSOC`Ii4Tl�1y � .:: � _ - � _ _ , = - � �� - _ - _ - � �; - � � ,. .. - . . _ - _ _ �� . . . - .. .. ., . . . _ _ . _ , . . _ . „ , _. . f � � • n U INDEX ARTICLE TITLE 1 Purpose ofAgreement 2 Recognition 3 Maintenance of Standards 4 Employer Security 5 Employer Authority 6 Association Security 7 Employee Rights-Grievance Procedure 8 Savings Clause 9 Seniority 10 Discipline 11 Constitutional Protection 12 Overtime and Premiums 13 Uniforms 14 Vacation 15 Holidays 16 Insurance 17 City Mileage 18 Severance Pay 19 Working Out of Classification 20 Sick Leave and Parental Leave 21 22 23 24 25 No Strike, No Lockout Right to Subcontract Deferred Compensation Wage Schedule Terms of Agreement PAGE 1 1 2 2 2 10 11 11 12 13 13 18 19 22 22 23 23 23 24 29 C� ARTICLE 1- PURPOSE OF AGREEMENT 1.1 This Agreement is entered into between the City of Saint Paul, hereinafter cailed the Employer, and the St. Paul Manual and Maintenance Supervisors Association, hereinafter called the Association. ARTICLE 2 - RECOGNITION 2.1 The Employer recognizes the Association as the exclusive representative, under the Public Employment Labor Relations Act of 1984, as amended, for all personnel in the following classifications: All manual maintenance supervisors who are employed for more that fourteen(14) hours per week and more than sixty-seven (67) works days per year by the City of Saint Paul, excluding all other Employees. Titles included: Animal Control Officer Bridge Maintenance Supervisor I Bridge Maintenance Supervisor II Building Maintenance Supervisor - Fire �ePartment Building Maintenance Supervisor - ubra�es Building Maintenance Supervisor - Parics � Recc�eason Custodial Supervisor - Civic Center Custodian Engineer (Public Safety Building) Dispatcherl Equipment Maintenance Supervisor Forestry Supervisor I Forestry Supervisor II Golf Course Superintendent Marina Services Supervisor Meter Operations Supervisor Night Custodial Supervisor — Civic Center Park Maintenance Supervisor I Park Maintenance Supervisor II Public Works Field Supervisor Public Works Supervisor I Public Works Supervisor II Public Works Supervisor {II Senior Zoo Keeper Sewer Supervisor 1 Sewer Supervisor Il Sewer Supervisor III Supervising Gardener Supervisor of Garbage Collection Supervisor of Water Production Maintenance Traffic Maintenance Supervisor I Traffic Maintenance Supervisor II Vehicle Mechanic Supervisor I Vehicle Mechanic Supervisor II Water Production Operations 5upervisor Water Service Supervisor Watershed Supervisor I Watershed Supervisor II Water Utility Mains Supervisor Zoo Supervisor 2.2 In the event the Empfoyer and the Association are unable to agree as to the inclusion or exclusion of a new or mod�ed job class, the issue shall be su6mitted to the Bureau of Mediation Services for determination. It is understood that this provision shall refer to the Bureau of Mediation Services only such issues as by law are under its jurisdiction. � • • ARTICLE 2 - RECOGNITION (Continued) 2.3 The Employer shall not enter into any Agreements covering terms and conditions of • employment with the Employees of the bargaining unit under the jurisdiction of this agreement, either individually or collectively which in any way conflicts with the terms and conditions of this Agreement, except through the certified representative. 2.4 Neither the Association nor the Empioyer shall discriminate against any Employee because of Association membership or non-membership, or because of his/her race, color, sex, religion, national origin, or political opinion or affliations. 2.5 All existing Civil Service Rules shall apply except those superseded by this Agreement. ARTICLE 3- MAINTENANCE OF STANDARDS 3.1 The City agrees that all conditions of employment relating to wages, hours of work, overtime differentials, vacations and general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul and Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement are made eisewhere in this • Agreement. ARTICLE 4 - EMPLOYER SECURITY 4.1 The Association agrees that during the life of this Agreement it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with the normal functions of the Employer. ARTICLE 5 - EMPLOYER AUTHORITY 5.1 The Employer retains the sole right to operate and manage aIl manpower, facilities and equipment in accordance with applicable laws and regulatibns of appropriate authorities. 5.2 Any terms and conditions of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Empioyer to modify, establish, or eliminate. 5.3 The exercise by the Employer of, or its waiver of, or its failure to exercise its full right of management or decision on any matter or occasion, shall not be a precedent or • be binding on the Employer, nor the subject or basis of any grievance not admissible in any arbitration proceeding. ARTICLE 5 - EMPLOYER AUTHORITY (Continued) 5.4 A public Employer is not required to meet and negotiate on matters of inherent managerial policy which include, but are not limited to, such areas of discretion or • policy as the functions and programs of the Employer, its overail budget, utilization of technology and organizational structure and selection and direction and number of personnel. ARTICLE 6 - ASSOCIATION SECURITY 6.1 The Employer shall deduct from the wages of the Employees who authorize such a deduction in writing an amount necessary to cover monthly Association dues. Such monies shall be remitted as directed by the Association. 6.2 The Association may designate Employees from the bargaining unit to act as stewards and alternates and shall inform the Employer in writing of such choices and of changes in the positions of stewards and/or altemates. It is further understood that the number and locations of stewards shall be limited and confined to numbers and locations as are necessary and reasonable to administer the provisions of this Agreement. 6.3 The Employer shail make space available on the Employee bulletin board for the posting of Association notice(s) and announcements(s). 6.4 The Association agrees to indemnify and hold the Employer harmless against any • and all ciaims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. 6.5 The Employer agrees that on the Employer's premises and without loss of pay the Association stewards shall be allowed to post official Association notices of the designated representatives, to transmit communications authorized by the Association or its officers under the terms of this contract, and to consult with the Employer, its representative, Association officers or the Association representative concerning the enforcement of any provisions of this Agreement, so long as such action does not interfere with regular Employee duties and is reasonab�e and necessary. 6.6 Stewards are authorized to perform and discharge the duties and responsibilities which are assigned to them under the terms of this Agreement and any supplementary Agreements. The Employer agrees that there shall be no restraint, interference, coercion or discrimination against a steward because of the performance of such duties. C� ARTICLE 6 - ASSOCIATION SECURITY (Continued) 6.7 Any present or future Employee who is not an Association member may be required • to contribute a fair share fee for services rendered by the Association. Upon � notification by the Association, the Employer shall check off said fee from the earnings of the Employee and transmit fhe same to the Association. In no instance shall the required contribution exceed a pro-rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations antl administration of grievance procedures. This provision shall remain operative only so long as specifically provided by Minnesota law, and as otherwise legal. It is also understood that the Association agrees to indemnify and hoid the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Gity as a result of any action taken or not taken by the City under the provisions of this section. ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Definition of a Grievance - A grievance is defined as a dispute or Disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 7.2 Association Representatives - The Employer will recognize Representatives designated by the Association as the grievance representatives of the bargaining • unit having the duties and responsibilities established by this Article. The Association shail notify the Employer in writing of the names of such Association representatives and of their successors when so designated as provided by 6.2 of this Agreement. 7.3 Processing of a Grievance - it is recognized and accepted by the Association and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and an Association Representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the Empioyer during normal working hours provided that the Employee and the Association Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. . ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Continued) 7.4 Procedure - Grievances, as defined by Section 7.1, shall be resolved in • conformance with the following procedure: Step 1. An Employee claiming a violation conceming the interpretation or application of this Agreement shall, within one month 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) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall 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 shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Association within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Association and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give . the Association the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 wifhin ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Association within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Association and discussed with Labor Relations Director of his/her designee. The Employer-designated representative shall give the Association the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer in Step 3. � 5 ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Continued) • Oorional Mediation Sten 1. If the grievance has not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendaz days, request mediation. If both parties agree that the grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediarion Services for the assignment of a mediator. 2. Grievance mediation is an optional and voluntary part of the grievance resolution process. It is a supplement to, not a subsritute for, grievance azbitration. When grievance mediation is invoked, the contractual time lnnit for moving the grievance to azbitration shall be delayed for the period of inediation. Either party may at any time opt out of inediation at which time, the Union may then proceed to arbitration. 3. The grievance mediation process shall be informal. Rules of evidence shall not apply, and no record shall be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and azgument to support their case. The mediator may meet with the parties in joint session or in separate caucuses. At the request of both parties, the mediator may issue an oral recommendation for settlement. • Unless the parties agree otherwise, the outcome sha11 not be precedential. 6. If the grievance is not resolved and is subsequently moved to arbitration, such proceeding shall be de novo, in that, nothing said or done by the parties or the mediator during grievance mediation with respect to their positions conceming resolution or offers of settlement may be used or referred to during azbitration. • Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Association shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. C� ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Continued) 7.5 Arbitrator's Authority - A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Association, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Association and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. � C. The fees and expenses for the arbitrator's services and proceedings shall be bome equally by the Employer and the Association provided that each party shatl be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it . may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 If a grievance is (1) not presented within one month of its occurrence by the employee as described in Step l, or (2) arbitration has not been requested by the Association within two months of the Association's filing of its written grievance in Step 2, it shall be considered "waived". If the Employer does not answer a grievance or an appeal thereof within the specified time lnnits, the Association may elect to treat the grievance as denied at the step and immediately appeal the grievance to the next step. The time limit in each step may be e�ended by mutual written agreement of the Employer and the Association in each step. 7.7 It is understood by the Association and the Employer that if an issue is determined by this grievance, that issue shall not again be submitted for arbitration under the provision of the Rules and Regulations of Civil Service. It is further understood that if an issue is submitted and determined by the grievance procedure under the Civil Service Rules and Regulations, it shall not again be submitted for arbitration under the procedures set forth in this Article. • ARTICLE 8 - SAVINGS CLAUSE 8.1 This Agreement is subject to the laws of the United States, the State of � Minnesota. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shali be voided. All other provisions shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. Ali other provisions of this Agreement shall continue in full force and effect. ARTICLE 9 - SENIORITY 9.1 Seniority, for the purpose of this Agreement, shall be defined as follows: A. "City Seniority" - The length of continuous, regular and probationary service with the Employer from the last date of employment in any and all class titles. B. "Cfass Seniority" - The length of continuous, regular and probationary service with the Employer from the date an Employee was first certified and appointed to a class title covered by this Agreement, it being further understood that class seniority is confined to the current class assignment held by an Employee. • 9.2 Seniority shall terminate when an Employee retires, resigns, or is discharged. 9.3 Seniority shall not accumulate during an unpaid leave of absence, except when such leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an Employee to accept an appointment to the unclassified service of the Employer; or is granted to take an elected or appointed full-time position with the Association. 9.4 In the event it is determined by the Employer that it is necessary to reduce the work force, Employees will be laid-off by class title within each division based on inverse length of "Class Seniority." Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after two years of layoff. In cases where there are promotional series, such as Supervisor I, Supervisor II, Supervisor 111, etc., when the number of Employees in these higher titles is to be reduced, Employees who have held lower titles which are in this ba�gaining unit will be offered reductions to the highest of these titles to which class seniority would keep them from being laid off, before layoffs are made by any class title in any department. . ARTICLE 9 - SENIORITY (Continued) It is further understood that a laid off Employee shali have the right to placement � in any lower-paid class title, provided said Employee has been previously certified and appointed in said lower-paid class title. In such cases, the Employee shall first be piaced on a reinstatement register and shall have "Class Seniority" based on the date originaily certified and appointed to said class. Employees may also apply for positions in a lower class but may, nevertheless, return to original class as provided in paragraph (A) above. 9.5 To the e�ent possible, vacation periods shall be assigned on the basis of "City Seniority," within each class, by division. I# is however, understood that vacation assignments shall be subject to the ability of the Employer to maintain operations. 9.6 Promotions shall be handled in accordance with current Civil Service Rules and practices. 9.7 The Employer shall post a seniority list at least once every six (6) months. 9.8 Notwithstanding anything in this Agreement to the contrary, no employee in a position outside this bazga.ining unit may bump into a position in this unit, except as described here: 9.8.1 an employee outside the unit may return to a vacancy in this unit if selected • following prescribed procedures; 9.8.2 an employee outside the unit may bump the most junior employee in a position previously held by the retuming employee if a bumping right has been provided under the Tri Council agreement to members of this unit, and if provided, the rights of employees attempting to bump back into this unit shall be the same in every respect but shall not exceed those rights given to members of this unit by the Tri Council contract. ARTICLE 10 - DISCIPLINE 10.1 The Employer will discipline Employees for just cause only. Discipline will be in the form of: a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge. 10.2 Suspensions, reductions and discharges will be in written form. • 0 ARTICLE 10 — DISCIPLINE (Continued) 10.3 Employees and the Association will receive copies of written reprimands and � notices of suspension and discharge. 10.4 Employees may examine all information in their Employer personnei files that concerns work evaluation, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the Employer. Na documents concerning work evaluation or discipline of an Employee will be placed in the Employee's personnel file unless it contains the signature of the Employee acknowiedging the Employee's receipt of the document prior to placing it in the file. 10.5 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the Employee and/orAssociation may request, and shall be entitled to a meeting with the Employer representative who initiated the suspension with intent to discharge. During said five (5) day period, the Employer may affirm the suspension and discharge in accordance wifh Civil Service Rules or may modify, or withdraw same. 10.6 An Empioyee to be questioned concerning an investigation of disciplinary action shall have the right to request that a Association representative be present. • ARTICLE 11 - OVERTIME AND PREMIUMS 11.1 Employees (with the exception of those covered in Section 12.2 hereofl shall be paid one and one-half (1.5) times the regular rate of pay for work performed in excess of the regular work day and/or the forty (40) hour work week. 112 Employees in classifications in salary grade 42 or above shall be paid straight time for work performed in excess of the regular work day and/or forty (40) hour work week. 11.3 An Employee who is called back to work following the completion of hislher regular work day shall be guaranteed four (4) hours pay at his/her regular straight time rate. 11.4 Major holidays, for the purpose of this Section, shall include the following: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day. Minor holidays, for the purpose of this Section, shall include the following: Martin Luther King Day, Presidents' Day, Veterans' Day, and the Day after Thanksgiving. An Employee working a major holiday as defined herein shall receive time and one-half (1.5) his/her regular rate of pay for all work performed on such holiday, and an Employee working a minor holiday as defined herein shall receive straight time for such holiday work, it being understood that • all payments for holiday work shall be in addition to regular holiday pay. �o ARTICLE 11 - OVERTIME AND PREMIUMS (Continued) 11.5 An Employee shall be compensated in either compensatory time off or overtime payment in cash. Employees may express a written preference for the method of � overtime payment, cash or compensatory time. 11.6 A night differential of five percent (5%) shall be provided to Employees who work night shifts as defined herein. A night shift will be considered to be a regularly assigned shift beginning earlier than 6 a.m., or ending later than 6 p.m., provided that at least five (5) hours of said shift are worked befinreen the hours of 6 p.m. and 6 a.m. It is further understood that in case of regularly assigned shifts beginning eariier than 6 a.m. or ending later than 6 p.m. which involve less than five (5) hours of work, an Employee shall be eligible for the night differential only for the hours actually worked during night shift hours. 11.7 Employees may decline to carry city cell phones, pagers or beepers during non- working hours. In the event that the City directs an employee to carry city cell phones, pagers or beepers to standby for non-working hours, the Employer and the Association shatl establish a premium for such duty. ARTICLE 12 - UNIFORMS The City shall furnish a uniform or required equipment to any employee who is required by the City to wear the uniform or utilize the equipment as condition of • employment. After providing, at its expense, an initial uniform to employees required to wear a uniform, the City will reimburse these employees for necessary replacement parts of the uniform annually per payroll calendar year beginning the year after the employee's initial issue of uniform. Employees must present receipts to be reimbursed. 12.3 The Employer agrees to pay $50.00 per year for safety shoes purchased by an Employee who is a member of this unit. The Employer shall only corrtribute toward the cost of one pair of shoes per contract year. This reimbursement shall be made only after investigation and approval by the immediate supervisor of that Employee. This Employer contribution shall apply only to those Employees who are required by the Employer to wear protective shoes or boots. Employees may accrue $160.00 for the purchase of shoes. � 11 ARTICLE 13 - VACATION • 13.1 In each calendar year, each full-time Employee shall be granted vacation according to the following schedule: Years of Service 0 thru 4th year 5th year thru 9th year 10th year thru 15th year 16th year thru 23rd year 24th tear and thereafter Vacation Granted 10 days 17 days 19 days 24 days 26 days 13.2 Employees who work less than full-time shall be granted vacation on a pro rata basis. 13.3 The head of the department may permit an Employee to carry over into the following fiscal year up to one hundred twenty (120) hours of vacation. The vacation cap of 120 hours shall be applied on the last work day of the calendar year. 13.4 The above provisions of vacation shall be subject to Resolution No. 6446, Section i, Sub. H. 13.5 For the purposes of this Article 14, years of service shall be defined as the • number of years since the Employee's date of appointment. This shall not include years of service prior to a resignation. ARTICLE 14 - HOLIDAYS 14.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Years Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Two floating holidays LaborDay Veterans' Day Thanksgiving Day Day After Thanksgiving Christmas Day Eligible Employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. C� 12 ARTICLE 14 — HOLIDAYS (Continued) 14.2 The floating holidays set forth in Section 15.1 above may be taken at any time during the contract year, subject to the approval of the Department Head of any • Employee. 14.3 Eligibility Requirements. In order to be eligible for a holiday with pay, an Employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an Employee must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purpose of this section. it is further understood that neither temporary, emergency nor other Empfoyees not heretofore eligible shall receive holiday pay. ARTICLE 15 - INSURANCE 15.1 The insurance plans, premiums for coverages and benefits contained in the insurance plans offered by the Employer shall be solely controlled by the contracts negotiated by the Employer and the benefit providers. The Employer will attempt to prevent any changes in the benefits offered by the benefit providers. However, the Employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. 15.2 Effective January 1, 1999, for each eligibie Empioyee coverecf by this Agreement • who is employed full-time and who selects Employee insurance coverage, the Employer agrees to contribute $19325 toward the cost of single health insurance premium. Effective January 1,1999, for each eligible full-time Employee who selects family health insurance coverage, the Employer will contribute the cost of such family coverage, or $368.14 per month, whichever is less. Effective January 1, 2000, for each eligible Employee covered by this Agreement who is employed full-time and who selects Employee insurance coverage, the Employer agrees to contribute the full cost of the single health insurance premium. Effective January 1, 2000, the Employer's contribution toward family insurance coverage shown above for 1999 shall be adjusted to reflect an increase of fifty percent (50%) of the largest 2000 premium increase for family health insurance coverage provided by the Employer. (Not to exceed $23.50/per month above the 1999 employer contribution.) 15.3 For each eligible Employee the Employer agrees to contribute the cost of $5,000 life insurance coverage. • 13 ,. ARTICLE 15 - INSURANCE (Continued) 15.4 In addition to the $5,000 Life Insurance Coverage in 15.3 the Employer agrees to • contribute the cost of additional Life Coverage or $0.59 per thausand dollars of coverage per month, whichever amount is less. The total amount of Life Insurance Coverage provided under this Section and Section 15.3 for each Employee shall be equal to the Employee's annual salary to the nearest full thousand dollars. For the purpose of this section, the Employee's annual salary shall be based on the salary as of the beginning of a contract period. This contribution shall be paid to the City's Group Health and Welfare Plan. Retiree Insurance 15.5 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 15.6 through 15.16 below, toward a health insurance plan offered by the Employer: 15.5(1) Be receiving benefits from a public Employee retirement act at the time of retirement, and 15.5(2) Have severed his/her relationship with the City of Saint Paul for reasons other than misconduct, and 15.5(3) Have completed at least 20 years service with the City of St. Paul. • Employment with School District #625 will not be counted toward the service requirement for Empioyees hired after Ol/Ol/97 towazd years of service for retiree health eligibility. Early Retirees 15.6 This Section shall apply to full time Employees who: 15.6(1) Retire on or after January 1, 1996, and 15.6(2) Were appointed on or before December 31, 1995, and 15.6(3) Have not attained age 65 at retirement, and 15.6(4) Meet the terms set forth in Section 15.5 above, and 15.6(5) Select a health insurance plan offered by the Employer. Until such Employees reach sixty-five (65) years of age, the Employer agrees that for retirees selecting single coverage, the Empioyer will provide the same contribution as is provided for active Employees selecting single coverage under this Agreement. This amou�t, however, shall not exceed $350.00 per month. For Employees selecting family health insurance coverage, the Employer will contribute $350.00 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. In addition, the Employer will contribute the cost for $5,000 life insurance until the retiree attains the age of 65. 14 ARTICLE 15 - INSURANCE (Continued) When such early retiree attains age 65, the provisions of Section 15.8 shall apply. 15.7 This Section shall apply to full time Employees who: 15.7(1) 15.7(2) 15.7(3) 15.7(4) 15.7(5) Retire on or after January 1, 1996, and Were appointed on or after January I, 1996, and Nave not attained age 65 at retirement, and Meet the conditions set forth in Section 15.5 above, and Select a health insurance pian offered by the Employer. Until such retirees reach sixty-five (65) years of age, the Empioyer agrees to contribute a maximum 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. in addition, the Employer will contribute the cost for $5,000 life insurance until the retiree attains the age of 65. When such early retiree attains age 65, the provisions of Section 16.9 shall apply. • Upon such retiree reaching the age of sixty-five (65), such Employer contributions toward such early retiree coverages shall terminate. The Employer will also contribute the cost for $5,000 of life insurance coverage for such eariy retiree until the early retiree reaches age sixty-five (65), at which time the life • insurance coverage shall terminate. Regular Retirees (Age 65 and over) 15.8 This Section shall apply to full time Employees who: 15.8(1) Retire on or after January 1, 1996, and 15.8(2) Were appointed on or before January 1, 1996, and 15.8(3) Have attained age 65 at retirement, and 15.8(4) Meet the terms set forth in Section 15.5 above, and 15.8(5) Select a health insurance plan offered by the Employer. The Employer agrees to contribute a maximum of $550.00 per month toward the premium for single or family health insurance coverage offered by the Employer to regular retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Section shall also apply to early retirees who retired under the provisions of Section 16.6 when such early retirees attain age 65. • 15 1 { ARTICLE 15 - INSURANCE (Continued) � 15.9 This Section shall apply to full time Employees who: 15.9(1) Retire on or after January 1, 1996, and 15.9(2) Were appointed on or after January 1, 1996, and 15.9(3) Have attained age 65 at retirement, and 15.9(4) Meet the terms set forth in Sections 15.5 above, and 15.9(5) Select a health insurance plan offered by the Empioyer. The Employer agrees to contribute a maximum of $300.00 per month towards 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 early retired under the provisions of Section 15.7 when such early retirees attain age 65. 15.10 If an Employee does not meet the condition of Section 15.5(3), but has completed at least ten (10) years of service with the City, he/she may purchase single or family health insurance coverage through the Employer's insurance program. The total cost of such insurance coverage shall be paid by the retiree. 15.11 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's health • insurance program. 15.12 Any cost of any premium for any City-offered Employee or family insurance coverage in excess of the dollar amounts stated in this Article 15 shall be paid by the Employee. 15.13 The contributions indicated in this Article 16 shall be paid to the Employer's Third Party Administrator. 15.14 The Employer will provide a system whereby the Empioyee's contribution toward premiums for the Employee selected health insurance coverages can be paid on a pre- tax basis. Employees covered by this Agreement will be eligible to participate in the Flexible Spending Account as offered by the Employer. The senrice fee charged to participating Employees shall be paid by the Employer. 15.15 Employees covered by this Agreement shall be eligible to participa#e in the Dependent Care Reimbursement Account offered by the Employer. The service fee charged to participating Employees shall be paid by the Employer. • �6 �� ARTICLE 15 - INSURANCE (Continued) Survivor Insurance 15.16 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. ln the event of the death of an early retiree or a regular 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 further understood that coverage shall cease in the event of: 15.16(1) Subsequent remarriage of the surviving spouse of the deceased Employee or retiree. 15.16(2) The employment of the surviving spouse or dependent where health 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 City health insurance for . the first ninety (90) days of said employment. ARTICLE 16 - CITY MILEAGE 16.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and Employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 16.2 Method of Computation: To be eligible for such reimbursement, all officers and Employees must receive written authorization from the Department Head. Type 1. If an Employee is required to use his/her own automobile OCCASIONALLY during employment, the Employee shall be reimbursed at the rate of $3.00 per day for each day the Employee's vehicle is actually used in performing the duties of the Employee's position. In addition, the Employee shall be reimbursed $.15 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 avaifable for the Employee's use but the Employee desires to use his/her own automobile, then the Employee shall be reimbursed at the rate of • $.15 per mile driven and shall not be eligible for any per diem. � 1 � ARTICLE 16 - CITY MILEAGE (Continued) Type 2. If an Employee is required to use his/her own automobile REGULARLY • during employment, the Employee shall be reimbursed at the rate of $3.00 per day for each day of work. in addition, the Employee shall be reimbursed $.15 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 availab�e for the Employee's use, but the Employee desires to use his/her own automobile, then the Employee shail be reimbursed at the rate of $.15 per mile driven and shall not be eligible for any per diem. 16.3 The City will provide parking at the Civic Center Parking Ramp for City Employees on either of the above mentioned types of reimbursement plans who are required to have their personal car available for City business. Such parking will be provided only for the days the Employee is required to have his or her own personal car available. 16.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shal! file daily reports indicating miles driven and shali file monthly a�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 property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the City Clerk. ARTICLE 17 - SEVERANCE PAY 17.1 The Employer shall provide a severance pay program as set forth in this Article. 17.2 To be eligible for the severance pay program, an Employee must meet the following requirements: 17.2.1 The Employee must be 58 years of age or older or must be eligible for pension under the "rule of 85" or "rule of 90" provisions of the Pubiic Employees Retirement Association (PERA). 17.2.2 The Employee must be voluntarily separated from City employment or have been subject to separation by layoff or compulsory retirement. Those Employees who are discharged for cause, misconduct, inefficiency, • incompetency, or any other disciplinary reason are not eligible for the City severance pay program. rTc� ARTICLE 17 - SEVERANCE PAY (Continued) 17.2.3 The Employee must have at least ten (10) years of service under the classified or unclassified Civil Service at the time of separation. • 17.2.4 The Employee must file a waiver of reempioyment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the Empioyee waives all claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 17.2.5 The Employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his/her separation from service. 17.3 If an Employee requests severance pay, and if the Employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the Employee on the date of separation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 17.4 The maximum amount of money that any Employee may obtain through this severance pay program is $6,500. 17.5 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 afl • of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the Employee's estate or spouse. 17.6 For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 17.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 17.8 This severance pay program shali be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this Article conflict with said ordinance and in such cases, the provisions of this Article shall control. 17.9 The provisions of this Article shall be effective December 31, 1984. 17.10 Any Employee hired prior to December 31, 1982, may, in any event, and upon meeting the qualifications of this Article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, Section 1, Section 6, draw severance pay. However, an election by the Employee to draw severance pay under either • this article or the ordinance shall constitute a bar to receiving severance pay from 1s , � ARTICLE 17 - SEVERANCE PAY (Continued) the other. Any Employee hired after December 31, 1984, shall only be entitled to- the benefits of this article upon meeting the qualifications herein. 17.11 For Employees regularly appointed to a title covered by this Agreement on or after January 1, 1990, the Employer shall provide only the severance pay program as set forth in 17.12 through 17.18. 17.12 The Employer shall provide a severance pay program as set forth in this Article. 17.13 To be eligible for the severance pay program, an Employee must meet the following requirements: 17.13.1 The Employee must be voluntarily separated from City employment or have been subject to separation by layoff or compulsory retirement. Those Employees who are discharged for cause, misconduct, ine�ciency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. � 17.13.2 The Employee must file a waiver of reemployment with the Human Resource Director, which will clearly indicate that by requesting severance pay, the Employee waives all claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 17.13.3 The Employee must have an accumulated batance of at least eighty (80) days of sick leave credits at the time of his separation from service. 17.14 If an Employee requests severance pay and if the Employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the Employee on the date of separation for each day of accrued sick leave subject to a maximum as shown below based on the number of years of service in the City. Years of Service with the City At Least 20 21 22 23 24 25 Maximum Severance Pay $ 5,000 6,000 7,000 8,000 9,000 10,000 17.15 For the purpose of this severance program, a death of an Employee shall be • considered as separation of employment, and if the Empioyee 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. � ARTICLE 17 - SEVERANCE PAY (Continued) 17.16 For the purpose of this severance program, a transfer from the City of Saint Paul employment to independent School District No. 625 employment is not • considered a separation of employment, and such transferee shall not be eligible for the City severance program. 17.17 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 17.18 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. 17.19 Notwithstanding Article 17.11, Employees regularly appointed to a title covered by this Agreement prior to January 1, 1990, who meet the qualifications as defined in 17.13, may elect to draw severance pay under the provisions set forth in 17.14. However, an election by an Employee to draw severance pay under 17.13 through 17.14 shal constitute a bar to drawing severance pay under any other provisions set forth in this Article 17. ARTICLE 18 - WORKING OUT OF CLASSIFICATION 18.1 Any Employee working an out-of-class assignment for a period in excess of � fifteen (15) working days during any fiscal year (of the Employer) shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth day of such assignment. For purposes of this article, an out-of-class assignment is defined as the full-time performance of all of the significant duties and responsibilities of a classification by an individual in another classification. For the purpose of this article, the rate of pay for an out-of-class assignment shall be the same rate the Employee would receive if he was promoted to the higher classification. ARTICLE 19 - SICK LEAVE AND PARENTAL LEAVE 19.1 Sick leave shall be earned and granted in accordance with the Civil Service Rules. 19.2 In the case of a serious illness or disability of an Employee's child, parent, or household member, the head of the department shall grant leave with pay in order for the Employee to care for or make arrangements for the care of such sick or disabled persons. Such paid leave shall be drawn from the Employee's accumulated sick leave credits. Use of such sick leave shall be limited to 40 hours per incident. • 21 � 3 ARTICLE 19 - SICK LEAVE AND PARENTAL LEAVE (Continued) 19.3 Any Employee who has accumulated sick leave credits, as provided in the Civii � • Service Rules, may be granted one day of sick leave to attend the funeral of the Employee's grandparent or grandchild. 19.4 If an Employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he/she may convert any part of such excess to 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. 19.5 Parental Leave. Pregnant Empioyees 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 i�l 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. A twelve (12) month Parental leave af absence without pay shall be granted to a natural parent or an adoptive parent, who requests such leave in conjunction with the birth or adoption of a child. Such leave may be extended an additional twelve (12) months by mutual Agreement between the Employee and the Employer. Refusal on the part of the • Empioyer to grant an extension of such leave shall not be subject to the provisions of Article 6 of this Agreement. Employees who return 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. 19.6 Leave for School Conferences: An Employee shall be granted up to a total of sixteen (16) hours during a school year to attend conferences or classroom activities related to the Employee's child, provided the conference 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 reasonabie effort to schedule the leave so as not to unduly disrupt the operations of the Employer. An Employee shall be allowed to use vacation or compensatory time for this leave; otherwise, this leave shall be without pay. 19.7 Voluntary Unpaid Leave of Absence: Effective upon the date of the signing of this Agreement, a full-time Employee may be granted a voluntary leave of absence without pay for up to 480 hours per fiscal year. During such leave of absence, the Employee shall continue to earn and to accrue vacation and sick • leave, seniority credits, and shali 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 Department Head. 2z ARTICLE 19 - SICK LEAVE AND PARENTAL LEAYE (Continued) 19.8 Any employee who is required during his/her regular working hours to appear in • court as a juror or witness, except as a witness in the employee's own behalf against the Employer, shall be paid his/her regular pay while so engaged. Arty fees that the employee may receive from the court for such service shall be paid to the City and be deposited with the City Finance Director. Any employee who is scheduled to work a shift, other than the normal daytime shift, shail be rescheduled to work the normal daytime shift during such time as he/she is required to appear in court as a juror or witness. ARTICLE 20 - NO STRIKE, NO LOCKOUT 20.1 The Association and the Employer agree that there shall be no strikes, work stoppages, slow downs, sit-down, stay in, or other considered interFerence with the Employers' business or affairs by the Association and/or the members thereof, and there shall be no bannering during the existence of this Agreement without first using all possible means of peaceful settiement of any controversy that may arise. ARTICLE 21 - RIGHT TO SUBCONTRACT 21.1 The Employer may at anytime during the duration of this Agreement contract out work done by the Employees covered by this Agreement. in the event that such • contracting would result in reduction of the work force covered by this Agreement, the Employer shall give the Association a ninety (9Q) calendar day notice of the intention to subcontract. ARTICLE 22 - DEFERRED COMPENSATION 22.1 Beginning January I, 1999 Employees who have completed ten (10) years of service shall have $400.00 for Deferred Compensation paid by the Employer on a dollar for dollar match. 222 Employees who have completed twenty (20) years of service shall have $600.00 for Deferred Compensation paid by the Employer on a dollar for dollar match. 22.3 The Employer will match contributions on September 1 of each year, and also at the end of the fiscal year, not to exceed the amount specified in 22.1 and 22.2 above. • 23 . ,� r1 U ARTICLE 23 - WAGE SCHEDULE � GFtADE OlU 481 DISPATCHER i-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 20.87 20.97 21.56 21.60 GRADE 02U 1-2-99 7-3-99 i-1-2000 7-1-2000 A (1) 21.01 21.12 21.71 21.75 Ct1:7_U7�DLl�I � J 1-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 21.04 21.15 21.74 21.79 B �2) 21.83 21.94 22.55 22.60 • � � 1. 123A CUSTODIAL SUPV--CIVIC CENTER C� 1-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 19.37 19.47 20.02 20.06 24 GRADE 08U 212A IVIGH"I' CUSTODIAL SUPV--CG 1-2-99 7-3-99 1-1-2000 7-1-20000 A (1) 1633 16.41 16.87 16.90 GRADE 030 1-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 1476.96 148434 1525.90 1528.95 B �2) 1516.74 152432 1567.00 1570.13 GRADE 033 1-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 1613.93 1622.00 1667.42 1670.75 B �2) 1659.10 1667.40 1714.09 1717.52 304A MARINA SERVICES SUPERVISOR GRADE 034 1-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 1651.64 1659.90 1706.38 1709.79 B �2) 1698.06 1706.55 175433 1757.84 ,, u • • 25 ., GRADE 035 • i-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 1678.55 1686.94 1734.17 1737.64 B �2) 1723.73 173235 1780.86 1784.42 338A SElVIOR ZOO KEEPER GRADE 036 475 FORESTRY SUPERVISOR 208 GOLF COURSE SUPERINTENDENT 076A PARK MAINTENANCE SUPERVISOR 368 PUBLIC WORKS SUPERVISOR I 416 SEWER SUPERVISOR I 172A TRAFFIC MAINTENANCE SUPV I 525A WATER MAINTENANCE SUPERVISOR 528 WATER SERVICE SUPERVISOR 532 WATERSHED SUPERVISOR I 536 ZOO SUPERVISOR • 1-2-99 7-3-99 1-1-20000 7-1-2000 A (1) 1751.14 1759.90 1809.18 1812.80 B �2) 1798.66 1807.65 1858.26 1861.98 GRADE 037 • 1-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 1757.66 1766.45 1815.91 1819.54 B �2) 1805.23 1814.26 1865.06 1868.79 26 GRADE 038 1-2-99 7-3-97 1-1-2000 7-i-2000 A (1) 184839 1857.63 1909.64 1913.46 268A BRIDGE MAINT SUPERVISOR I 230A METER OPERATIONS SUPERVISOR 369 PUBLIC WORKS SUPERVISOR II 809 SEWER SUPERVISOR II 560 SUPV OF GARBAGE COLLECTION 964 VEHICLE MECHANIC SUPERVISOR I_ 194 WATER UTILITY MAINS SUPERVISOR 542 WATERSHED SUPERVISOR II B �2) 1901.44 1910.95 1964.46 196839 GRADE 039 173 EQUIPMENT MAINT SUPERVISOR i-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 1895.70 1905.18 1958.53 1962.45 B �2) 1948.75 1958.49 201333 201736 ; - �]�GL�1] 103 FORESTRY SUPERVISOR II 620 TRAFFIC MAINTENANCE SUPV II 394A VEHICLE MECHANIC SUPERVISOR II 557A WATER PLANT PRODUCTION SUPV PARK MAINTENANCE SUPERVISOR II 1-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 1956.79 1966.57 2021.63 2025.67 B �2) 2016.44 2026.52 2083.26 2087.43 i • n LJ 27 . o i a GRADE 041 u 1-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 2016.44 2026.52 208326 208'7.43 269A BRIDGE MAINT SUPERVISOR II 233A BUILD MAINT SUPV-LIBRARIES 622 PUBLIC WORKS SUPERVISOR III 623 SEWER SUPERVISOR III B �2) 2073.95 208432 2142.68 2146.97 GRADE 043 • 1-2-99 7-3-99 1-I-2000 7-1-2000 1-2-99 7-3-99 1-1-2000 7-2-2000 A (1) 213032 2140.97 2200.92 220532 A (1) 2195.55 2206.53 2268.31 2272.85 079 BLTILD MAINT SUPV--FIRE DEPT B �2) 2192.19 2203.15 2264.84 2269.37 �•� �,. 624 Pi3BLIC WORKS FIELD SUPERVISOR B �2) 2260.77 2272.07 2335.69 234036 GRADE 045 680 BUILD MAINT SUPV--PARKS & REC • 1-2-99 7-3-99 i-1-2000 7-1-2000 A (1) 2261.86 2273.17 2336.82 2341.49 B �2) 232930 2340.95 2406.50 241131 28 ARTICLE 24 - TERMS OF AGREEMENT 241 This Agreement shall be effective as of January 1, 1999, and shall continue in effect through December 31, 2000 . This Agreement sha11 not be eatended orally and it is understood that it shall expire on the date indicated. 242 It is understood that this settlement shall be recommended by the Director of Labor Relations, but is subject to approval by the City Council and Civil Service Commission. 243 The Employer and the Association acknowledged that during the meeting and negotiating which resulted in this Agreement, each had the right and opporiunity to make proposals with respect to any subj ect concerning the terms and conditions of employment. The Agreements and understandings reached by the parties after the exercise of ttris right aze fully and completely set forth in this Agreement. Any and all prior Agreements, resolutions, practices, policy or rules or regulations regazding the terms and conditions of employment to the extent they aze inconsistent with this Agreement aze hereby superseded. CITY OF SAINT PAUL �� l � Terry altiner Manager o£ Labor Relations �IZ19y Date TF� SAINT PAUL MANUAL AND MAINTENANCE SUPERVISORS ASS CIATION � � Mike M' ler President Date 9-/- �„ � • • ►�] ♦, n c S . MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAINT PAUL 8b THE SAINT PAUL MANUAL & MAINTENANCE SUPERVISORS ASSOCIATION The City of Saint Paul and the Saint Paul Manual & Maintenance Supervisors Association agree to the following: ARTICLE 19.1 Working out of Classification, states; Any Employee working an out-of-class assignment for a period in excess of fifteen (15) working days during any fiscal year (of the Employer) shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth day of such assignment. The language states that an employee holding an out-of-classification position in excess of fifteen (15) working days will receive the rate of pay • for the out-of-ciassification position. It is understood, that individual Departments have established different practices regarding where in the fifteen days the out-of-classification pay begins. The Departments will continue to exercise their individual discretion regarding the day to initiate the out-of-classification rate of pay, as long as it begins on, or before, the suiteenth (16) day. WITNESSES: FOR THE CITY VY� �� Joe Reid Budget D'uector SAINT PAUL MANUAL 8s MAINTENANCE SUPERVISORS ASSOCIATION � Mike Miller President DATE: �" �— l I DATE: �'� �� u Council File # � • $' q'd. ORI�lNA� Presentea Referred To Committee Date 2 � RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # 08903 �� RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached January i, 1999 through December 31, 2000 Labor Agreement between the City of Saint Paul and The Saint Paul Manual & Maintenance Supervisors Association. Requested by Department of: Office of Labor Relations BY: �� I � Adoption Certifiad by Council Secretary By: " 1 � a- _ � .�_-•_-�_s _ � /��7� Il �f�� Approved Uy Mayor ate By: Adopted by CouncIl: Date 8,� _��`�q� Form Ap ved by ' Attorney B}': � ` �X ��l`3�ci�S DEPARTMENT/OFFICF/COUNCII,: DATE INTTIATED GREEN SHEET No.• 08903 �� •�? LABOR RELATIONS August 31, 1999 ' CONTACT PERSON & PHONE: II�urmLDwiE II�iMImwTE STEVE 50NNABEND 266-6499 � / �,J ASSIGN 1 DEPARTMENT DIR.� 4 CITY COL�VCIL NUMBER 2 CITY ATCORNEY CITY CLERK BUM'ET DIIt � FIN. & MGT. SER�7CE DIR. MUSI' BE ON COUNCQ. AGENDA BY (DATE) ROUTING 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIGNAT[JRE PAGES 1 (CLIP ALL IACATTONS FOR SIGNATURE) ncnox xeQVESrEn: This resolution approves the attached January 1, 1999 — December 31, 2000 Labor Agreement between the City of Sairn Paui and The Saint Paul Manual & Maintenance Supervisors Association. RECOb4vfENDATTONS: Approve (A) or Rejec[ (R) PERSONAL SERVICE CONTRACTS MOST eNSWER THE FOLLOWING QUESfIONS: PI.ANNING CAMbIISSION _C[VII, SERVICE COMA�IISSION 1. Has iLis persodfmn ever warked under a convact for Hus deparunent? CIB COMMIT'I'EE Yes No STAFF 2. Has trtis persodfmn ever been a ciTy employce? DISIRICT CAURT Yes Na SUPPORIS WHICH COUNCIL OBJECTIVE? 3. Dces this persoNfum possess a skill not nmmally possesed by any cwrrnt c�ty tmpWyct� Yes No Ezplain all yes anmers on separete sheM and aUach to green sheet ,�_ , INTTIATING PROBLEM, ISSUE, OPPORTUNI7'] (lVho, What, When, Where, Why). anv,vrrncesiFnrrROVen: An Ageement in place through December 31, 2000. DISADVpNTpGESIFAPPROVED: NODB nisnnvnnrnc�.s�rvorarrxovEn_ The relationship between this unit and the City would be strained. This unit would be on an unequal footing with other Supervisory Units. TOTAL AMOUNT OF TRANSACTION: $ COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORMATION: (EXPLAIN) � �' °� g,8�e�tG}t �ePtP2P �� a9 • ta a. AT`TAC�IMENT TO 'TI� GREEN SHEET Saint Paul Manual & Maintenance Supervisors Association Below is a sut�unary of the changes in the Collective Bazgaining Agreement between the City and the Saint Paul Manual & Maintenance Association. The new contract is for the period of January 1, 1999 through December 31, 2000. Wages: 1999: 2.5% (Splits*: Ol/2/99 2.0%; 07/3/99 0.5%) 2000: 3.0% (Splits: O1/1/2000 2.8%; 07/1/2000 0.2%) *Wage implementation dates Health Insurance: 1999: Single $193.25 per month Family $368.14 per month 2000: Single $211.61 per month Family $391.64 per month The single contribution is equivalent to full single coverage. Deferred Compensation 1999: An additional $100 for Employees with 10 to 19 years of service. An additional $100 for Employees with 20 or more yeazs of service. Title Upgrade Employees in Grade 42 or above do not receive overtime. An additional five employees become eligible to receive overtime. Attachment to the Green Sheet The Saint Paul Manual & Maintenance Supervisors Association Page 2 Costs: Wages Health Insurance Deferred Compensation Title Upgrade Total: $ 1999 $87,737.75 $15,100.44 $4800.00 5 680.00 $113,318.19 Language Changes (summary) 2000 $105,28530 $19,400.52 $124,685.82 °lq -8w �- The contract includes other changes to contract language which are housekeeping in nature. �� - �..�r.�- � � ; � �� .-- � � � � - � . - � � � � °tq � 3�9� " . �, : � _ � � � � � _ � � = � �9g9 �= 2000 . - _ � LABOR`AGt�EEMEN7 _ . _ � 'BETWEEN � � � �� - ` , Tli�'CITY OF SAINT: PAUL � � �= ANT?.� � � � � � _ �_ _ . � ; _ : . � �_ ` �'HE SAINT FAI�L MANllAL & MAf1�7E1VArlCE z SUPER�1'SO#�S A.SSOC`Ii4Tl�1y � .:: � _ - � _ _ , = - � �� - _ - _ - � �; - � � ,. .. - . . _ - _ _ �� . . . - .. .. ., . . . _ _ . _ , . . _ . „ , _. . f � � • n U INDEX ARTICLE TITLE 1 Purpose ofAgreement 2 Recognition 3 Maintenance of Standards 4 Employer Security 5 Employer Authority 6 Association Security 7 Employee Rights-Grievance Procedure 8 Savings Clause 9 Seniority 10 Discipline 11 Constitutional Protection 12 Overtime and Premiums 13 Uniforms 14 Vacation 15 Holidays 16 Insurance 17 City Mileage 18 Severance Pay 19 Working Out of Classification 20 Sick Leave and Parental Leave 21 22 23 24 25 No Strike, No Lockout Right to Subcontract Deferred Compensation Wage Schedule Terms of Agreement PAGE 1 1 2 2 2 10 11 11 12 13 13 18 19 22 22 23 23 23 24 29 C� ARTICLE 1- PURPOSE OF AGREEMENT 1.1 This Agreement is entered into between the City of Saint Paul, hereinafter cailed the Employer, and the St. Paul Manual and Maintenance Supervisors Association, hereinafter called the Association. ARTICLE 2 - RECOGNITION 2.1 The Employer recognizes the Association as the exclusive representative, under the Public Employment Labor Relations Act of 1984, as amended, for all personnel in the following classifications: All manual maintenance supervisors who are employed for more that fourteen(14) hours per week and more than sixty-seven (67) works days per year by the City of Saint Paul, excluding all other Employees. Titles included: Animal Control Officer Bridge Maintenance Supervisor I Bridge Maintenance Supervisor II Building Maintenance Supervisor - Fire �ePartment Building Maintenance Supervisor - ubra�es Building Maintenance Supervisor - Parics � Recc�eason Custodial Supervisor - Civic Center Custodian Engineer (Public Safety Building) Dispatcherl Equipment Maintenance Supervisor Forestry Supervisor I Forestry Supervisor II Golf Course Superintendent Marina Services Supervisor Meter Operations Supervisor Night Custodial Supervisor — Civic Center Park Maintenance Supervisor I Park Maintenance Supervisor II Public Works Field Supervisor Public Works Supervisor I Public Works Supervisor II Public Works Supervisor {II Senior Zoo Keeper Sewer Supervisor 1 Sewer Supervisor Il Sewer Supervisor III Supervising Gardener Supervisor of Garbage Collection Supervisor of Water Production Maintenance Traffic Maintenance Supervisor I Traffic Maintenance Supervisor II Vehicle Mechanic Supervisor I Vehicle Mechanic Supervisor II Water Production Operations 5upervisor Water Service Supervisor Watershed Supervisor I Watershed Supervisor II Water Utility Mains Supervisor Zoo Supervisor 2.2 In the event the Empfoyer and the Association are unable to agree as to the inclusion or exclusion of a new or mod�ed job class, the issue shall be su6mitted to the Bureau of Mediation Services for determination. It is understood that this provision shall refer to the Bureau of Mediation Services only such issues as by law are under its jurisdiction. � • • ARTICLE 2 - RECOGNITION (Continued) 2.3 The Employer shall not enter into any Agreements covering terms and conditions of • employment with the Employees of the bargaining unit under the jurisdiction of this agreement, either individually or collectively which in any way conflicts with the terms and conditions of this Agreement, except through the certified representative. 2.4 Neither the Association nor the Empioyer shall discriminate against any Employee because of Association membership or non-membership, or because of his/her race, color, sex, religion, national origin, or political opinion or affliations. 2.5 All existing Civil Service Rules shall apply except those superseded by this Agreement. ARTICLE 3- MAINTENANCE OF STANDARDS 3.1 The City agrees that all conditions of employment relating to wages, hours of work, overtime differentials, vacations and general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul and Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement are made eisewhere in this • Agreement. ARTICLE 4 - EMPLOYER SECURITY 4.1 The Association agrees that during the life of this Agreement it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with the normal functions of the Employer. ARTICLE 5 - EMPLOYER AUTHORITY 5.1 The Employer retains the sole right to operate and manage aIl manpower, facilities and equipment in accordance with applicable laws and regulatibns of appropriate authorities. 5.2 Any terms and conditions of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Empioyer to modify, establish, or eliminate. 5.3 The exercise by the Employer of, or its waiver of, or its failure to exercise its full right of management or decision on any matter or occasion, shall not be a precedent or • be binding on the Employer, nor the subject or basis of any grievance not admissible in any arbitration proceeding. ARTICLE 5 - EMPLOYER AUTHORITY (Continued) 5.4 A public Employer is not required to meet and negotiate on matters of inherent managerial policy which include, but are not limited to, such areas of discretion or • policy as the functions and programs of the Employer, its overail budget, utilization of technology and organizational structure and selection and direction and number of personnel. ARTICLE 6 - ASSOCIATION SECURITY 6.1 The Employer shall deduct from the wages of the Employees who authorize such a deduction in writing an amount necessary to cover monthly Association dues. Such monies shall be remitted as directed by the Association. 6.2 The Association may designate Employees from the bargaining unit to act as stewards and alternates and shall inform the Employer in writing of such choices and of changes in the positions of stewards and/or altemates. It is further understood that the number and locations of stewards shall be limited and confined to numbers and locations as are necessary and reasonable to administer the provisions of this Agreement. 6.3 The Employer shail make space available on the Employee bulletin board for the posting of Association notice(s) and announcements(s). 6.4 The Association agrees to indemnify and hold the Employer harmless against any • and all ciaims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. 6.5 The Employer agrees that on the Employer's premises and without loss of pay the Association stewards shall be allowed to post official Association notices of the designated representatives, to transmit communications authorized by the Association or its officers under the terms of this contract, and to consult with the Employer, its representative, Association officers or the Association representative concerning the enforcement of any provisions of this Agreement, so long as such action does not interfere with regular Employee duties and is reasonab�e and necessary. 6.6 Stewards are authorized to perform and discharge the duties and responsibilities which are assigned to them under the terms of this Agreement and any supplementary Agreements. The Employer agrees that there shall be no restraint, interference, coercion or discrimination against a steward because of the performance of such duties. C� ARTICLE 6 - ASSOCIATION SECURITY (Continued) 6.7 Any present or future Employee who is not an Association member may be required • to contribute a fair share fee for services rendered by the Association. Upon � notification by the Association, the Employer shall check off said fee from the earnings of the Employee and transmit fhe same to the Association. In no instance shall the required contribution exceed a pro-rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations antl administration of grievance procedures. This provision shall remain operative only so long as specifically provided by Minnesota law, and as otherwise legal. It is also understood that the Association agrees to indemnify and hoid the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Gity as a result of any action taken or not taken by the City under the provisions of this section. ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Definition of a Grievance - A grievance is defined as a dispute or Disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 7.2 Association Representatives - The Employer will recognize Representatives designated by the Association as the grievance representatives of the bargaining • unit having the duties and responsibilities established by this Article. The Association shail notify the Employer in writing of the names of such Association representatives and of their successors when so designated as provided by 6.2 of this Agreement. 7.3 Processing of a Grievance - it is recognized and accepted by the Association and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and an Association Representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the Empioyer during normal working hours provided that the Employee and the Association Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. . ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Continued) 7.4 Procedure - Grievances, as defined by Section 7.1, shall be resolved in • conformance with the following procedure: Step 1. An Employee claiming a violation conceming the interpretation or application of this Agreement shall, within one month 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) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall 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 shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Association within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Association and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give . the Association the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 wifhin ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Association within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Association and discussed with Labor Relations Director of his/her designee. The Employer-designated representative shall give the Association the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer in Step 3. � 5 ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Continued) • Oorional Mediation Sten 1. If the grievance has not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendaz days, request mediation. If both parties agree that the grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediarion Services for the assignment of a mediator. 2. Grievance mediation is an optional and voluntary part of the grievance resolution process. It is a supplement to, not a subsritute for, grievance azbitration. When grievance mediation is invoked, the contractual time lnnit for moving the grievance to azbitration shall be delayed for the period of inediation. Either party may at any time opt out of inediation at which time, the Union may then proceed to arbitration. 3. The grievance mediation process shall be informal. Rules of evidence shall not apply, and no record shall be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and azgument to support their case. The mediator may meet with the parties in joint session or in separate caucuses. At the request of both parties, the mediator may issue an oral recommendation for settlement. • Unless the parties agree otherwise, the outcome sha11 not be precedential. 6. If the grievance is not resolved and is subsequently moved to arbitration, such proceeding shall be de novo, in that, nothing said or done by the parties or the mediator during grievance mediation with respect to their positions conceming resolution or offers of settlement may be used or referred to during azbitration. • Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Association shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. C� ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Continued) 7.5 Arbitrator's Authority - A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Association, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Association and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. � C. The fees and expenses for the arbitrator's services and proceedings shall be bome equally by the Employer and the Association provided that each party shatl be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it . may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 If a grievance is (1) not presented within one month of its occurrence by the employee as described in Step l, or (2) arbitration has not been requested by the Association within two months of the Association's filing of its written grievance in Step 2, it shall be considered "waived". If the Employer does not answer a grievance or an appeal thereof within the specified time lnnits, the Association may elect to treat the grievance as denied at the step and immediately appeal the grievance to the next step. The time limit in each step may be e�ended by mutual written agreement of the Employer and the Association in each step. 7.7 It is understood by the Association and the Employer that if an issue is determined by this grievance, that issue shall not again be submitted for arbitration under the provision of the Rules and Regulations of Civil Service. It is further understood that if an issue is submitted and determined by the grievance procedure under the Civil Service Rules and Regulations, it shall not again be submitted for arbitration under the procedures set forth in this Article. • ARTICLE 8 - SAVINGS CLAUSE 8.1 This Agreement is subject to the laws of the United States, the State of � Minnesota. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shali be voided. All other provisions shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. Ali other provisions of this Agreement shall continue in full force and effect. ARTICLE 9 - SENIORITY 9.1 Seniority, for the purpose of this Agreement, shall be defined as follows: A. "City Seniority" - The length of continuous, regular and probationary service with the Employer from the last date of employment in any and all class titles. B. "Cfass Seniority" - The length of continuous, regular and probationary service with the Employer from the date an Employee was first certified and appointed to a class title covered by this Agreement, it being further understood that class seniority is confined to the current class assignment held by an Employee. • 9.2 Seniority shall terminate when an Employee retires, resigns, or is discharged. 9.3 Seniority shall not accumulate during an unpaid leave of absence, except when such leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an Employee to accept an appointment to the unclassified service of the Employer; or is granted to take an elected or appointed full-time position with the Association. 9.4 In the event it is determined by the Employer that it is necessary to reduce the work force, Employees will be laid-off by class title within each division based on inverse length of "Class Seniority." Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after two years of layoff. In cases where there are promotional series, such as Supervisor I, Supervisor II, Supervisor 111, etc., when the number of Employees in these higher titles is to be reduced, Employees who have held lower titles which are in this ba�gaining unit will be offered reductions to the highest of these titles to which class seniority would keep them from being laid off, before layoffs are made by any class title in any department. . ARTICLE 9 - SENIORITY (Continued) It is further understood that a laid off Employee shali have the right to placement � in any lower-paid class title, provided said Employee has been previously certified and appointed in said lower-paid class title. In such cases, the Employee shall first be piaced on a reinstatement register and shall have "Class Seniority" based on the date originaily certified and appointed to said class. Employees may also apply for positions in a lower class but may, nevertheless, return to original class as provided in paragraph (A) above. 9.5 To the e�ent possible, vacation periods shall be assigned on the basis of "City Seniority," within each class, by division. I# is however, understood that vacation assignments shall be subject to the ability of the Employer to maintain operations. 9.6 Promotions shall be handled in accordance with current Civil Service Rules and practices. 9.7 The Employer shall post a seniority list at least once every six (6) months. 9.8 Notwithstanding anything in this Agreement to the contrary, no employee in a position outside this bazga.ining unit may bump into a position in this unit, except as described here: 9.8.1 an employee outside the unit may return to a vacancy in this unit if selected • following prescribed procedures; 9.8.2 an employee outside the unit may bump the most junior employee in a position previously held by the retuming employee if a bumping right has been provided under the Tri Council agreement to members of this unit, and if provided, the rights of employees attempting to bump back into this unit shall be the same in every respect but shall not exceed those rights given to members of this unit by the Tri Council contract. ARTICLE 10 - DISCIPLINE 10.1 The Employer will discipline Employees for just cause only. Discipline will be in the form of: a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge. 10.2 Suspensions, reductions and discharges will be in written form. • 0 ARTICLE 10 — DISCIPLINE (Continued) 10.3 Employees and the Association will receive copies of written reprimands and � notices of suspension and discharge. 10.4 Employees may examine all information in their Employer personnei files that concerns work evaluation, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the Employer. Na documents concerning work evaluation or discipline of an Employee will be placed in the Employee's personnel file unless it contains the signature of the Employee acknowiedging the Employee's receipt of the document prior to placing it in the file. 10.5 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the Employee and/orAssociation may request, and shall be entitled to a meeting with the Employer representative who initiated the suspension with intent to discharge. During said five (5) day period, the Employer may affirm the suspension and discharge in accordance wifh Civil Service Rules or may modify, or withdraw same. 10.6 An Empioyee to be questioned concerning an investigation of disciplinary action shall have the right to request that a Association representative be present. • ARTICLE 11 - OVERTIME AND PREMIUMS 11.1 Employees (with the exception of those covered in Section 12.2 hereofl shall be paid one and one-half (1.5) times the regular rate of pay for work performed in excess of the regular work day and/or the forty (40) hour work week. 112 Employees in classifications in salary grade 42 or above shall be paid straight time for work performed in excess of the regular work day and/or forty (40) hour work week. 11.3 An Employee who is called back to work following the completion of hislher regular work day shall be guaranteed four (4) hours pay at his/her regular straight time rate. 11.4 Major holidays, for the purpose of this Section, shall include the following: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day. Minor holidays, for the purpose of this Section, shall include the following: Martin Luther King Day, Presidents' Day, Veterans' Day, and the Day after Thanksgiving. An Employee working a major holiday as defined herein shall receive time and one-half (1.5) his/her regular rate of pay for all work performed on such holiday, and an Employee working a minor holiday as defined herein shall receive straight time for such holiday work, it being understood that • all payments for holiday work shall be in addition to regular holiday pay. �o ARTICLE 11 - OVERTIME AND PREMIUMS (Continued) 11.5 An Employee shall be compensated in either compensatory time off or overtime payment in cash. Employees may express a written preference for the method of � overtime payment, cash or compensatory time. 11.6 A night differential of five percent (5%) shall be provided to Employees who work night shifts as defined herein. A night shift will be considered to be a regularly assigned shift beginning earlier than 6 a.m., or ending later than 6 p.m., provided that at least five (5) hours of said shift are worked befinreen the hours of 6 p.m. and 6 a.m. It is further understood that in case of regularly assigned shifts beginning eariier than 6 a.m. or ending later than 6 p.m. which involve less than five (5) hours of work, an Employee shall be eligible for the night differential only for the hours actually worked during night shift hours. 11.7 Employees may decline to carry city cell phones, pagers or beepers during non- working hours. In the event that the City directs an employee to carry city cell phones, pagers or beepers to standby for non-working hours, the Employer and the Association shatl establish a premium for such duty. ARTICLE 12 - UNIFORMS The City shall furnish a uniform or required equipment to any employee who is required by the City to wear the uniform or utilize the equipment as condition of • employment. After providing, at its expense, an initial uniform to employees required to wear a uniform, the City will reimburse these employees for necessary replacement parts of the uniform annually per payroll calendar year beginning the year after the employee's initial issue of uniform. Employees must present receipts to be reimbursed. 12.3 The Employer agrees to pay $50.00 per year for safety shoes purchased by an Employee who is a member of this unit. The Employer shall only corrtribute toward the cost of one pair of shoes per contract year. This reimbursement shall be made only after investigation and approval by the immediate supervisor of that Employee. This Employer contribution shall apply only to those Employees who are required by the Employer to wear protective shoes or boots. Employees may accrue $160.00 for the purchase of shoes. � 11 ARTICLE 13 - VACATION • 13.1 In each calendar year, each full-time Employee shall be granted vacation according to the following schedule: Years of Service 0 thru 4th year 5th year thru 9th year 10th year thru 15th year 16th year thru 23rd year 24th tear and thereafter Vacation Granted 10 days 17 days 19 days 24 days 26 days 13.2 Employees who work less than full-time shall be granted vacation on a pro rata basis. 13.3 The head of the department may permit an Employee to carry over into the following fiscal year up to one hundred twenty (120) hours of vacation. The vacation cap of 120 hours shall be applied on the last work day of the calendar year. 13.4 The above provisions of vacation shall be subject to Resolution No. 6446, Section i, Sub. H. 13.5 For the purposes of this Article 14, years of service shall be defined as the • number of years since the Employee's date of appointment. This shall not include years of service prior to a resignation. ARTICLE 14 - HOLIDAYS 14.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Years Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Two floating holidays LaborDay Veterans' Day Thanksgiving Day Day After Thanksgiving Christmas Day Eligible Employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. C� 12 ARTICLE 14 — HOLIDAYS (Continued) 14.2 The floating holidays set forth in Section 15.1 above may be taken at any time during the contract year, subject to the approval of the Department Head of any • Employee. 14.3 Eligibility Requirements. In order to be eligible for a holiday with pay, an Employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an Employee must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purpose of this section. it is further understood that neither temporary, emergency nor other Empfoyees not heretofore eligible shall receive holiday pay. ARTICLE 15 - INSURANCE 15.1 The insurance plans, premiums for coverages and benefits contained in the insurance plans offered by the Employer shall be solely controlled by the contracts negotiated by the Employer and the benefit providers. The Employer will attempt to prevent any changes in the benefits offered by the benefit providers. However, the Employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. 15.2 Effective January 1, 1999, for each eligibie Empioyee coverecf by this Agreement • who is employed full-time and who selects Employee insurance coverage, the Employer agrees to contribute $19325 toward the cost of single health insurance premium. Effective January 1,1999, for each eligible full-time Employee who selects family health insurance coverage, the Employer will contribute the cost of such family coverage, or $368.14 per month, whichever is less. Effective January 1, 2000, for each eligible Employee covered by this Agreement who is employed full-time and who selects Employee insurance coverage, the Employer agrees to contribute the full cost of the single health insurance premium. Effective January 1, 2000, the Employer's contribution toward family insurance coverage shown above for 1999 shall be adjusted to reflect an increase of fifty percent (50%) of the largest 2000 premium increase for family health insurance coverage provided by the Employer. (Not to exceed $23.50/per month above the 1999 employer contribution.) 15.3 For each eligible Employee the Employer agrees to contribute the cost of $5,000 life insurance coverage. • 13 ,. ARTICLE 15 - INSURANCE (Continued) 15.4 In addition to the $5,000 Life Insurance Coverage in 15.3 the Employer agrees to • contribute the cost of additional Life Coverage or $0.59 per thausand dollars of coverage per month, whichever amount is less. The total amount of Life Insurance Coverage provided under this Section and Section 15.3 for each Employee shall be equal to the Employee's annual salary to the nearest full thousand dollars. For the purpose of this section, the Employee's annual salary shall be based on the salary as of the beginning of a contract period. This contribution shall be paid to the City's Group Health and Welfare Plan. Retiree Insurance 15.5 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 15.6 through 15.16 below, toward a health insurance plan offered by the Employer: 15.5(1) Be receiving benefits from a public Employee retirement act at the time of retirement, and 15.5(2) Have severed his/her relationship with the City of Saint Paul for reasons other than misconduct, and 15.5(3) Have completed at least 20 years service with the City of St. Paul. • Employment with School District #625 will not be counted toward the service requirement for Empioyees hired after Ol/Ol/97 towazd years of service for retiree health eligibility. Early Retirees 15.6 This Section shall apply to full time Employees who: 15.6(1) Retire on or after January 1, 1996, and 15.6(2) Were appointed on or before December 31, 1995, and 15.6(3) Have not attained age 65 at retirement, and 15.6(4) Meet the terms set forth in Section 15.5 above, and 15.6(5) Select a health insurance plan offered by the Employer. Until such Employees reach sixty-five (65) years of age, the Employer agrees that for retirees selecting single coverage, the Empioyer will provide the same contribution as is provided for active Employees selecting single coverage under this Agreement. This amou�t, however, shall not exceed $350.00 per month. For Employees selecting family health insurance coverage, the Employer will contribute $350.00 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. In addition, the Employer will contribute the cost for $5,000 life insurance until the retiree attains the age of 65. 14 ARTICLE 15 - INSURANCE (Continued) When such early retiree attains age 65, the provisions of Section 15.8 shall apply. 15.7 This Section shall apply to full time Employees who: 15.7(1) 15.7(2) 15.7(3) 15.7(4) 15.7(5) Retire on or after January 1, 1996, and Were appointed on or after January I, 1996, and Nave not attained age 65 at retirement, and Meet the conditions set forth in Section 15.5 above, and Select a health insurance pian offered by the Employer. Until such retirees reach sixty-five (65) years of age, the Empioyer agrees to contribute a maximum 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. in addition, the Employer will contribute the cost for $5,000 life insurance until the retiree attains the age of 65. When such early retiree attains age 65, the provisions of Section 16.9 shall apply. • Upon such retiree reaching the age of sixty-five (65), such Employer contributions toward such early retiree coverages shall terminate. The Employer will also contribute the cost for $5,000 of life insurance coverage for such eariy retiree until the early retiree reaches age sixty-five (65), at which time the life • insurance coverage shall terminate. Regular Retirees (Age 65 and over) 15.8 This Section shall apply to full time Employees who: 15.8(1) Retire on or after January 1, 1996, and 15.8(2) Were appointed on or before January 1, 1996, and 15.8(3) Have attained age 65 at retirement, and 15.8(4) Meet the terms set forth in Section 15.5 above, and 15.8(5) Select a health insurance plan offered by the Employer. The Employer agrees to contribute a maximum of $550.00 per month toward the premium for single or family health insurance coverage offered by the Employer to regular retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Section shall also apply to early retirees who retired under the provisions of Section 16.6 when such early retirees attain age 65. • 15 1 { ARTICLE 15 - INSURANCE (Continued) � 15.9 This Section shall apply to full time Employees who: 15.9(1) Retire on or after January 1, 1996, and 15.9(2) Were appointed on or after January 1, 1996, and 15.9(3) Have attained age 65 at retirement, and 15.9(4) Meet the terms set forth in Sections 15.5 above, and 15.9(5) Select a health insurance plan offered by the Empioyer. The Employer agrees to contribute a maximum of $300.00 per month towards 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 early retired under the provisions of Section 15.7 when such early retirees attain age 65. 15.10 If an Employee does not meet the condition of Section 15.5(3), but has completed at least ten (10) years of service with the City, he/she may purchase single or family health insurance coverage through the Employer's insurance program. The total cost of such insurance coverage shall be paid by the retiree. 15.11 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's health • insurance program. 15.12 Any cost of any premium for any City-offered Employee or family insurance coverage in excess of the dollar amounts stated in this Article 15 shall be paid by the Employee. 15.13 The contributions indicated in this Article 16 shall be paid to the Employer's Third Party Administrator. 15.14 The Employer will provide a system whereby the Empioyee's contribution toward premiums for the Employee selected health insurance coverages can be paid on a pre- tax basis. Employees covered by this Agreement will be eligible to participate in the Flexible Spending Account as offered by the Employer. The senrice fee charged to participating Employees shall be paid by the Employer. 15.15 Employees covered by this Agreement shall be eligible to participa#e in the Dependent Care Reimbursement Account offered by the Employer. The service fee charged to participating Employees shall be paid by the Employer. • �6 �� ARTICLE 15 - INSURANCE (Continued) Survivor Insurance 15.16 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. ln the event of the death of an early retiree or a regular 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 further understood that coverage shall cease in the event of: 15.16(1) Subsequent remarriage of the surviving spouse of the deceased Employee or retiree. 15.16(2) The employment of the surviving spouse or dependent where health 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 City health insurance for . the first ninety (90) days of said employment. ARTICLE 16 - CITY MILEAGE 16.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and Employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 16.2 Method of Computation: To be eligible for such reimbursement, all officers and Employees must receive written authorization from the Department Head. Type 1. If an Employee is required to use his/her own automobile OCCASIONALLY during employment, the Employee shall be reimbursed at the rate of $3.00 per day for each day the Employee's vehicle is actually used in performing the duties of the Employee's position. In addition, the Employee shall be reimbursed $.15 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 avaifable for the Employee's use but the Employee desires to use his/her own automobile, then the Employee shall be reimbursed at the rate of • $.15 per mile driven and shall not be eligible for any per diem. � 1 � ARTICLE 16 - CITY MILEAGE (Continued) Type 2. If an Employee is required to use his/her own automobile REGULARLY • during employment, the Employee shall be reimbursed at the rate of $3.00 per day for each day of work. in addition, the Employee shall be reimbursed $.15 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 availab�e for the Employee's use, but the Employee desires to use his/her own automobile, then the Employee shail be reimbursed at the rate of $.15 per mile driven and shall not be eligible for any per diem. 16.3 The City will provide parking at the Civic Center Parking Ramp for City Employees on either of the above mentioned types of reimbursement plans who are required to have their personal car available for City business. Such parking will be provided only for the days the Employee is required to have his or her own personal car available. 16.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shal! file daily reports indicating miles driven and shali file monthly a�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 property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the City Clerk. ARTICLE 17 - SEVERANCE PAY 17.1 The Employer shall provide a severance pay program as set forth in this Article. 17.2 To be eligible for the severance pay program, an Employee must meet the following requirements: 17.2.1 The Employee must be 58 years of age or older or must be eligible for pension under the "rule of 85" or "rule of 90" provisions of the Pubiic Employees Retirement Association (PERA). 17.2.2 The Employee must be voluntarily separated from City employment or have been subject to separation by layoff or compulsory retirement. Those Employees who are discharged for cause, misconduct, inefficiency, • incompetency, or any other disciplinary reason are not eligible for the City severance pay program. rTc� ARTICLE 17 - SEVERANCE PAY (Continued) 17.2.3 The Employee must have at least ten (10) years of service under the classified or unclassified Civil Service at the time of separation. • 17.2.4 The Employee must file a waiver of reempioyment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the Empioyee waives all claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 17.2.5 The Employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his/her separation from service. 17.3 If an Employee requests severance pay, and if the Employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the Employee on the date of separation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 17.4 The maximum amount of money that any Employee may obtain through this severance pay program is $6,500. 17.5 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 afl • of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the Employee's estate or spouse. 17.6 For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 17.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 17.8 This severance pay program shali be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this Article conflict with said ordinance and in such cases, the provisions of this Article shall control. 17.9 The provisions of this Article shall be effective December 31, 1984. 17.10 Any Employee hired prior to December 31, 1982, may, in any event, and upon meeting the qualifications of this Article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, Section 1, Section 6, draw severance pay. However, an election by the Employee to draw severance pay under either • this article or the ordinance shall constitute a bar to receiving severance pay from 1s , � ARTICLE 17 - SEVERANCE PAY (Continued) the other. Any Employee hired after December 31, 1984, shall only be entitled to- the benefits of this article upon meeting the qualifications herein. 17.11 For Employees regularly appointed to a title covered by this Agreement on or after January 1, 1990, the Employer shall provide only the severance pay program as set forth in 17.12 through 17.18. 17.12 The Employer shall provide a severance pay program as set forth in this Article. 17.13 To be eligible for the severance pay program, an Employee must meet the following requirements: 17.13.1 The Employee must be voluntarily separated from City employment or have been subject to separation by layoff or compulsory retirement. Those Employees who are discharged for cause, misconduct, ine�ciency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. � 17.13.2 The Employee must file a waiver of reemployment with the Human Resource Director, which will clearly indicate that by requesting severance pay, the Employee waives all claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 17.13.3 The Employee must have an accumulated batance of at least eighty (80) days of sick leave credits at the time of his separation from service. 17.14 If an Employee requests severance pay and if the Employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the Employee on the date of separation for each day of accrued sick leave subject to a maximum as shown below based on the number of years of service in the City. Years of Service with the City At Least 20 21 22 23 24 25 Maximum Severance Pay $ 5,000 6,000 7,000 8,000 9,000 10,000 17.15 For the purpose of this severance program, a death of an Employee shall be • considered as separation of employment, and if the Empioyee 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. � ARTICLE 17 - SEVERANCE PAY (Continued) 17.16 For the purpose of this severance program, a transfer from the City of Saint Paul employment to independent School District No. 625 employment is not • considered a separation of employment, and such transferee shall not be eligible for the City severance program. 17.17 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 17.18 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. 17.19 Notwithstanding Article 17.11, Employees regularly appointed to a title covered by this Agreement prior to January 1, 1990, who meet the qualifications as defined in 17.13, may elect to draw severance pay under the provisions set forth in 17.14. However, an election by an Employee to draw severance pay under 17.13 through 17.14 shal constitute a bar to drawing severance pay under any other provisions set forth in this Article 17. ARTICLE 18 - WORKING OUT OF CLASSIFICATION 18.1 Any Employee working an out-of-class assignment for a period in excess of � fifteen (15) working days during any fiscal year (of the Employer) shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth day of such assignment. For purposes of this article, an out-of-class assignment is defined as the full-time performance of all of the significant duties and responsibilities of a classification by an individual in another classification. For the purpose of this article, the rate of pay for an out-of-class assignment shall be the same rate the Employee would receive if he was promoted to the higher classification. ARTICLE 19 - SICK LEAVE AND PARENTAL LEAVE 19.1 Sick leave shall be earned and granted in accordance with the Civil Service Rules. 19.2 In the case of a serious illness or disability of an Employee's child, parent, or household member, the head of the department shall grant leave with pay in order for the Employee to care for or make arrangements for the care of such sick or disabled persons. Such paid leave shall be drawn from the Employee's accumulated sick leave credits. Use of such sick leave shall be limited to 40 hours per incident. • 21 � 3 ARTICLE 19 - SICK LEAVE AND PARENTAL LEAVE (Continued) 19.3 Any Employee who has accumulated sick leave credits, as provided in the Civii � • Service Rules, may be granted one day of sick leave to attend the funeral of the Employee's grandparent or grandchild. 19.4 If an Employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he/she may convert any part of such excess to 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. 19.5 Parental Leave. Pregnant Empioyees 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 i�l 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. A twelve (12) month Parental leave af absence without pay shall be granted to a natural parent or an adoptive parent, who requests such leave in conjunction with the birth or adoption of a child. Such leave may be extended an additional twelve (12) months by mutual Agreement between the Employee and the Employer. Refusal on the part of the • Empioyer to grant an extension of such leave shall not be subject to the provisions of Article 6 of this Agreement. Employees who return 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. 19.6 Leave for School Conferences: An Employee shall be granted up to a total of sixteen (16) hours during a school year to attend conferences or classroom activities related to the Employee's child, provided the conference 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 reasonabie effort to schedule the leave so as not to unduly disrupt the operations of the Employer. An Employee shall be allowed to use vacation or compensatory time for this leave; otherwise, this leave shall be without pay. 19.7 Voluntary Unpaid Leave of Absence: Effective upon the date of the signing of this Agreement, a full-time Employee may be granted a voluntary leave of absence without pay for up to 480 hours per fiscal year. During such leave of absence, the Employee shall continue to earn and to accrue vacation and sick • leave, seniority credits, and shali 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 Department Head. 2z ARTICLE 19 - SICK LEAVE AND PARENTAL LEAYE (Continued) 19.8 Any employee who is required during his/her regular working hours to appear in • court as a juror or witness, except as a witness in the employee's own behalf against the Employer, shall be paid his/her regular pay while so engaged. Arty fees that the employee may receive from the court for such service shall be paid to the City and be deposited with the City Finance Director. Any employee who is scheduled to work a shift, other than the normal daytime shift, shail be rescheduled to work the normal daytime shift during such time as he/she is required to appear in court as a juror or witness. ARTICLE 20 - NO STRIKE, NO LOCKOUT 20.1 The Association and the Employer agree that there shall be no strikes, work stoppages, slow downs, sit-down, stay in, or other considered interFerence with the Employers' business or affairs by the Association and/or the members thereof, and there shall be no bannering during the existence of this Agreement without first using all possible means of peaceful settiement of any controversy that may arise. ARTICLE 21 - RIGHT TO SUBCONTRACT 21.1 The Employer may at anytime during the duration of this Agreement contract out work done by the Employees covered by this Agreement. in the event that such • contracting would result in reduction of the work force covered by this Agreement, the Employer shall give the Association a ninety (9Q) calendar day notice of the intention to subcontract. ARTICLE 22 - DEFERRED COMPENSATION 22.1 Beginning January I, 1999 Employees who have completed ten (10) years of service shall have $400.00 for Deferred Compensation paid by the Employer on a dollar for dollar match. 222 Employees who have completed twenty (20) years of service shall have $600.00 for Deferred Compensation paid by the Employer on a dollar for dollar match. 22.3 The Employer will match contributions on September 1 of each year, and also at the end of the fiscal year, not to exceed the amount specified in 22.1 and 22.2 above. • 23 . ,� r1 U ARTICLE 23 - WAGE SCHEDULE � GFtADE OlU 481 DISPATCHER i-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 20.87 20.97 21.56 21.60 GRADE 02U 1-2-99 7-3-99 i-1-2000 7-1-2000 A (1) 21.01 21.12 21.71 21.75 Ct1:7_U7�DLl�I � J 1-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 21.04 21.15 21.74 21.79 B �2) 21.83 21.94 22.55 22.60 • � � 1. 123A CUSTODIAL SUPV--CIVIC CENTER C� 1-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 19.37 19.47 20.02 20.06 24 GRADE 08U 212A IVIGH"I' CUSTODIAL SUPV--CG 1-2-99 7-3-99 1-1-2000 7-1-20000 A (1) 1633 16.41 16.87 16.90 GRADE 030 1-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 1476.96 148434 1525.90 1528.95 B �2) 1516.74 152432 1567.00 1570.13 GRADE 033 1-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 1613.93 1622.00 1667.42 1670.75 B �2) 1659.10 1667.40 1714.09 1717.52 304A MARINA SERVICES SUPERVISOR GRADE 034 1-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 1651.64 1659.90 1706.38 1709.79 B �2) 1698.06 1706.55 175433 1757.84 ,, u • • 25 ., GRADE 035 • i-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 1678.55 1686.94 1734.17 1737.64 B �2) 1723.73 173235 1780.86 1784.42 338A SElVIOR ZOO KEEPER GRADE 036 475 FORESTRY SUPERVISOR 208 GOLF COURSE SUPERINTENDENT 076A PARK MAINTENANCE SUPERVISOR 368 PUBLIC WORKS SUPERVISOR I 416 SEWER SUPERVISOR I 172A TRAFFIC MAINTENANCE SUPV I 525A WATER MAINTENANCE SUPERVISOR 528 WATER SERVICE SUPERVISOR 532 WATERSHED SUPERVISOR I 536 ZOO SUPERVISOR • 1-2-99 7-3-99 1-1-20000 7-1-2000 A (1) 1751.14 1759.90 1809.18 1812.80 B �2) 1798.66 1807.65 1858.26 1861.98 GRADE 037 • 1-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 1757.66 1766.45 1815.91 1819.54 B �2) 1805.23 1814.26 1865.06 1868.79 26 GRADE 038 1-2-99 7-3-97 1-1-2000 7-i-2000 A (1) 184839 1857.63 1909.64 1913.46 268A BRIDGE MAINT SUPERVISOR I 230A METER OPERATIONS SUPERVISOR 369 PUBLIC WORKS SUPERVISOR II 809 SEWER SUPERVISOR II 560 SUPV OF GARBAGE COLLECTION 964 VEHICLE MECHANIC SUPERVISOR I_ 194 WATER UTILITY MAINS SUPERVISOR 542 WATERSHED SUPERVISOR II B �2) 1901.44 1910.95 1964.46 196839 GRADE 039 173 EQUIPMENT MAINT SUPERVISOR i-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 1895.70 1905.18 1958.53 1962.45 B �2) 1948.75 1958.49 201333 201736 ; - �]�GL�1] 103 FORESTRY SUPERVISOR II 620 TRAFFIC MAINTENANCE SUPV II 394A VEHICLE MECHANIC SUPERVISOR II 557A WATER PLANT PRODUCTION SUPV PARK MAINTENANCE SUPERVISOR II 1-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 1956.79 1966.57 2021.63 2025.67 B �2) 2016.44 2026.52 2083.26 2087.43 i • n LJ 27 . o i a GRADE 041 u 1-2-99 7-3-99 1-1-2000 7-1-2000 A (1) 2016.44 2026.52 208326 208'7.43 269A BRIDGE MAINT SUPERVISOR II 233A BUILD MAINT SUPV-LIBRARIES 622 PUBLIC WORKS SUPERVISOR III 623 SEWER SUPERVISOR III B �2) 2073.95 208432 2142.68 2146.97 GRADE 043 • 1-2-99 7-3-99 1-I-2000 7-1-2000 1-2-99 7-3-99 1-1-2000 7-2-2000 A (1) 213032 2140.97 2200.92 220532 A (1) 2195.55 2206.53 2268.31 2272.85 079 BLTILD MAINT SUPV--FIRE DEPT B �2) 2192.19 2203.15 2264.84 2269.37 �•� �,. 624 Pi3BLIC WORKS FIELD SUPERVISOR B �2) 2260.77 2272.07 2335.69 234036 GRADE 045 680 BUILD MAINT SUPV--PARKS & REC • 1-2-99 7-3-99 i-1-2000 7-1-2000 A (1) 2261.86 2273.17 2336.82 2341.49 B �2) 232930 2340.95 2406.50 241131 28 ARTICLE 24 - TERMS OF AGREEMENT 241 This Agreement shall be effective as of January 1, 1999, and shall continue in effect through December 31, 2000 . This Agreement sha11 not be eatended orally and it is understood that it shall expire on the date indicated. 242 It is understood that this settlement shall be recommended by the Director of Labor Relations, but is subject to approval by the City Council and Civil Service Commission. 243 The Employer and the Association acknowledged that during the meeting and negotiating which resulted in this Agreement, each had the right and opporiunity to make proposals with respect to any subj ect concerning the terms and conditions of employment. The Agreements and understandings reached by the parties after the exercise of ttris right aze fully and completely set forth in this Agreement. Any and all prior Agreements, resolutions, practices, policy or rules or regulations regazding the terms and conditions of employment to the extent they aze inconsistent with this Agreement aze hereby superseded. CITY OF SAINT PAUL �� l � Terry altiner Manager o£ Labor Relations �IZ19y Date TF� SAINT PAUL MANUAL AND MAINTENANCE SUPERVISORS ASS CIATION � � Mike M' ler President Date 9-/- �„ � • • ►�] ♦, n c S . MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAINT PAUL 8b THE SAINT PAUL MANUAL & MAINTENANCE SUPERVISORS ASSOCIATION The City of Saint Paul and the Saint Paul Manual & Maintenance Supervisors Association agree to the following: ARTICLE 19.1 Working out of Classification, states; Any Employee working an out-of-class assignment for a period in excess of fifteen (15) working days during any fiscal year (of the Employer) shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth day of such assignment. The language states that an employee holding an out-of-classification position in excess of fifteen (15) working days will receive the rate of pay • for the out-of-ciassification position. It is understood, that individual Departments have established different practices regarding where in the fifteen days the out-of-classification pay begins. The Departments will continue to exercise their individual discretion regarding the day to initiate the out-of-classification rate of pay, as long as it begins on, or before, the suiteenth (16) day. WITNESSES: FOR THE CITY VY� �� Joe Reid Budget D'uector SAINT PAUL MANUAL 8s MAINTENANCE SUPERVISORS ASSOCIATION � Mike Miller President DATE: �" �— l I DATE: �'� �� u