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85-1625 WHITE - CITY CLERK � PINK - FINANCE G I TY OF SA I NT PA LT L Council y/�' CANARV - DEPARTMENT Fi1C NO. rJ� �`�� BLUE� - MAVOR oun il Resolution Presente By .� ��r Referred To �l�l�"�� l,(=' Committee: Date �� ' ����J Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul approves and ratifies the attached 1985-1986 Agreemen't between the City of Saint Paul and theInternational Association of Machinists and Aerospace Workers AFL-CIO. COUNCILMEN Requested by Department of: Yeas p�� Nays Masanz PER FICE Nicasia [n Favor Scheibel � �aooa. Against By Tedesco W ilson Adopted by Council: Date OCC � 2 1985 Form A rove y Ci y t ey c Certified Pa Council et BY � / /By. A►pprov v r: Date �Fl� �J 8� �1PPco by Mayor for Su mi n t �Council By PU@�1SNE� C E� `' 1 198� � : Personnel . DE PARTMENT ��5' �� NO 3 3 7 Jeanette Sobania CONTACT ���� PHONE ���� �� 10-31-85 DATE � ASSIG NUMBER FOR ROUTING ORDER (Cli All Locations for Si nature : Department Director 3 Director of Management/Mayor Finance and Management Services Director c� City Clerk Budget Director �'City Attorney WHAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/ Rationale) : This resolution approves the 1985-1987 Agreement between the City and the Machinist's District Lodge No. 77. The changes in the new agreement include the following Articles. _ 1 . Administrative Service Fee ($6.00 per year per employee) REC EIVED 2, Insurance 3. Holidays (Martin L. King Day added) ,S -� 4. Duration (�ipper Clause and termination date) ��� ��� 4 1S85 5. Wages (.50 per hour lst year - 4� the 2nd year) \\ COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTICIPATED: CITY ATTO�ZNEY C�ECEiV�D 57 employees July 6, 1985 thru July 4, 1986 $59,280 N OV 4 �9$5 July S, 1986 thru July 3, 1987 61 ,651 �AAYOR'S OFFICE FINANCING SOURCE AND BUDGET ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of Transaction: quired if under $10,00Q) - Funding Source: Activity Number: ATTACHMENTS (List and Number All Attachments) : 1 . Resolution 2. Copy for City Clerk DEP TMENT RE IEW CITY ATTORNEY REVIEW es Coancil Resolution Required? Resolution Required? es No Yes o nsurance Required? Insurance Sufficient? Yes No �� Yes �nsurance Attached: (SEE REVERSE SIDE FOR INSTRUCTIONS) Revised 12/84 HOW TO USE THE GREEN SHEET The GREEN SHEET has several PURPOSES: l. to assist in routing documents and in securing required signatures 2. to brief the reviewers of documents on the impacts of approval 3. to help ensure that necessary supporting materials are prepared, and, if required, attached. Providing complete information under the listed headings enables re�iewers to make decisions on the documents and eliminates follow-up contacts that may delay execution. The COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS heading provides space to explain the cost/benefit aspects of the decision. Costs and benefits related both to City budget (General Fund and/or Special Funds) and to broader financial impacts (cost to users, homeowners or other groups affected by the action) . The personnel impact is a description of change or shift of Full-Time Equivalent (FTE) positions. If a CONTRACT amount is less than $10,000, the Mayor's signature is not required, if the department director signs. A contract must always be first signed by the outside agency before routing through City offices. Below is the preferred ROUTING for the five most frec�uent types of documents: CONTRACTS (assumes authorized budget exists) � 1. Outside Agency 4. Mayor 2. Initiating Department 5. Finance Director 3. City Attorney 6. Finance Accounting ADMINISTRATIVE ORDER (Budget Revision) ADMINISTRATIVE ORDERS (all others) 1. Activity Manager l. Initiating Department 2. Department Accountant 2. City Attorney 3. Department Director 3. Director of Management/Mayor 4. Budget Director 4. City Clerk 5. City Clerk 6. Chief Accountant, F&M5 COUNCIL RESOLUTION (Amend. Bdgts./Accept. Grants) COUNCIL RESOLUTION (all others) 1. Department Director l. Initiating Department 2. Budget Director 2. City Attorney 3. City Attorney 3. Director of Manaqement/Mayor 4. Director of Ma.nagement/Mayor 4. City Clerk 5. Chair, Finance, Mngmt. & Personnel Com. 5. City Council 6. City Clerk 7. City Council 8. Chief Accountant, F&MS SUPPORTING MATERIALS. In the ATTACHMENTS section, identify all attachmen�s. �f the � Green Sheet is well done, no letter of transmittal need be included (unless sigriing such a letter is one of the requested actions) . Note: If an agreement requires evidence of insurance/co-insurance, a Certificate of Insurance should be one of the attachments at time of routing. Note: Actions which require City Council Resolutions include: 1. Contractual relationship with another governmental unit. 2. Collective bargaining contracts. 3. Purchase, sale or lease of land. 4. Issuance of bonds by City. 5. Eminent domain. 6. Assumption of liability by City, or granting by City of indemnification. 7. Agreements with State or Federal Government under which they are providing funding. 8. Budget amendments. �� �'�-/��� JULY, 1985 THRU JUNE, 1987 LABOR AGREII�IENT BETWEEN THE CITY OF SAINT PAUL AND DISTRICT LODGE N0. 77 INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO , ��s-��� l , INDEX ARTICLE TITLE PAGE I Recognition 1 II Definitions 2 III Maintenance of Standards 3 IV Check Off and Administrative Service Fee 4 V Union Rights 5 VI Management Rights 6 VII Discipline 7 VIII Hours, Overtime Pay g IX Tool Insurance and Clothing 9 X Jury Duty 10 XI Legal Services 11 XII City Mileage 12 XIII Insurance 13 XIV Holidays 16 XV Vacation 17 XVI Grievance Procedures lg XVII Savings Clause 22 XVIII Severance Pay 23 XIX Wage Schedule 25 XX Strikes, Lockouts, Work Interference 26 X.YI Sick Leave 27 XXII Maternity Leave 28 XXIII Safety Shoes 29 XXIV Duration and Effective Date 30 Appendix A A1 - ii - �,�,c�,S-��as' THIS AGREEMENT BETWEEN THE CITY OF SAINT PAUL AND DISTRICT LODGE 4�77, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO. This agreement has been entered into between the City of Saint Paul, hereafter referred to as the EMPLOYER, and District Lodge �i77, International Association of Machinists and Aerospace Workers AFL-CIO, hereafter referred to as the UNION. This AGREEMENT has as its purposes, the promotion of harmonious relations between the EMPLOYER and the UNION, the establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above objectives in full compliance with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1971, as amended. - iii - i �.._ �s���s ARTICLE I - RECOGNITION 1 .1 The EMPLOYER recognizes the UNION as the sole and exclusive bargaining agent for the purposes of establishing wages, benefits, hours and other conditions of enployment for all of its employees as outlined in the certification by the State of Minnesota, Bureau of Mediation Services, dated August 15, 1973, in :ase No. 74-PR-77-A, and as set forth below: All regular, probationary, and provisional vehicle and equipment maintenance personnel who are employed by the City of St. Paul or who have their "terms and conditions of employment" established by the governing body of the City of St. Paul in the classifications of Audio-Visual Equipment Repairman, Auto Body Repairman, Auto Body Repairman Helper, Auto Washer, Equipment Repairman, Fire Buildings Repairer, Fire Equipment Serviceman, Food Service Equipment Specialist Helper, Machinist, Mechanic-Welder, Parking Meter Repair Worker, Parts Runner, Tire Repairman, Traffic Sign Worker, Utilityman, Utilityman I, Vehicle Mechanic, Vehicle Mechanic Leadworker, Vehicle Maintenance Worker (Heavy) , Vehicle Maintenance Worker (Light) , Vehicle Mechanic Trainee, Welder and Welder Leadworker, excluding supervisory, confidential, temporary, emergency and employees exclusively represented by other labor or employee organizations. 1.2 The parties agree that any new clzssifications which are an expansion of the above bargaining unit or which derive from the classifications set forth in this agreement shall be recognized as a part of this bargaining unit, and the parties shall take all steps required under the Public Employment Relations Act to accomplish said objective. - 1 - ARTICLE II - DEFINITIONS 2.1 Collective Bargaining. The EMPLOYER will bargain collectively with the UNION with respect to rates of pay, hours and conditions pertaining to employment for all of the employees in the unit hereinbefore set forth. 2.2 Discrimination. The EMPLOYER will not interfere with, restrain or coerce the employees covered by this AGREEMENT because of inembership in or activity on behalf of the UNION. The EMPLOYER will not discriminate in respect to hire, tenure of employment or any term or condition of employment against any employee covered by this AGREEMENT because o�f membership in or activity on behalf of the UNION, nor will it discourage or attempt to discourage membership in the UNION, or attempt to encourage membership in another Union. 2.3 This AGREEMENT shall designate and define benefits with the exception of pension benefits that shall be granted to the employees by the EMPLOYER. If subsequent to this AGREEMENT, any governing body passes a provision which shall create a cost benefit for a employee in this unit, the cost of such benefit shall be paid by the employee until such time as the responsibility of the cost is subsequently negotiated. This provision shall not compel either party to reopen negotiations during the course of an existing contract. - 2 - ��,5--/G� ARTICLE III - MAINTENANCE OF STANDARDS 3.1 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and all other general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul, (Resolution No. 3250) and the Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this AGREEMENT, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this AGREEMENT. - 3 - ARTICLE IV - CHECK OFF AND ADMINISTRATIVE SERVICE FEE 4.1 Dues. The II�iPLOYER agrees to deduct the UNION membership dues once each month from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the EMPLOYER by a representative of the UNION and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 4.2 Fairshare. Any present or future employee who is not a UNION member shall be required to contribute a fair share fee for services rendered by the UNION. Upon notification by the UNION, the EMPLOYER shall check off said fee from the earnings of the employee and transmit the same to the UNION. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shall remain operative only so long as specifically provided by Minnesota law and as otherwise legal. 4.3 The Union agrees that an administrative fee of $6.00 per employee, per year shall be deducted by the employer from the employee's earnings. This annual " deduction shall be made from the first paycheck received in January of each year. 4.4 The UNION will indemnify, defend and hold the �LOYER harmless against any claims and all suits, orders or 3udgments brought or issued against the EMPLOYER, its officers or employees, as a result of any action taken or not taken by the EI�LOYER under the provisions of this section. - 4 - . . ��si��5 ARTICLE V - UNION RIGHTS S.1 The UNION may designate employees within the bargaining unit to serve as Union Stewards. 5.2 The UrTION shall furnish the EMPLOYER and appropriate department heads with a list of Stewards and alternates, and shall, as soon as possible, notify said appropriate City officials in writing of any changes there*_o. Only those who are Officers and Stewards shall be recognized by the EI�LOYER for the purpose of ineetings. - 5 - ARTICLE VI - MANAGEMENT RIGHTS 6.1 The UNION recognizes the right of the EMPLOYER to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the EMPLOYER has not officially abridged, delegated, or modified by this AGREEMENT are retained by the EMPLOYER. 6.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the EMPLOYER, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. - 6 - ' ARTICLE VII - DISCIPLINE ���-/��5/ 7.1 The EMPLOYER will discipline employees for �ust cause only. Discipline will be in the form of: a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge. 7.2 Employees and the UNION will receive copies of written reprimands and notices of suspension and discharge. 7.3 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or LTNION 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 with Civil Service Rules or may modify, or withdraw same. 7.4 Grievances relating to this Article shall be processed in accordance with existing Civil Service procedures, except that oral and written reprimands shall be taken up in the grievance proce�ure under Article XVI. - 7 - ARTICLE VIII - HOURS, OVERTIME PAY 8.1 Hours of Employment-- The normal work day and the normal work week shall be 8 hours excluding } hour for lunch in any twenty-four hour period and 40 hours in any seven-day period. (For employees on a shift basis, this shall be construed to mean an average of forty hours a week:) The normal work week shall consist of five consecutive normal � work days. 8.2 Call-in-Pay-- When an employee is called to work he shall receive two hours' pay if not put to work. If he is called to work and commences work, he shall be guaranteed four hours pay. These provisions, however, shall not be effective when work is unable to proceed because of adverse weather conditions. 8.3 Overtime-- Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by order of the head of the department. 8.4 An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the EI�LOYER. The overtime rate of one-and-one-half shall be computed on the basis of 1/80th of the bi-weekly rate. - 8 - . ��5-i�a.�' ARTICLE IX - TOOL INSURANCE AND CLOTHING 9.1 The EMPLOYER will provide three changes of coveralls per week in accordance with existing practices. 9.2 The EMPLOYER agrees to reimburse employee for tools damaged by fire or vandalism or for tools as may be stolen; however, such liability for reimbursement shall only apply in the event that the employee's tools are stored on the EMPLOYER'S premises and in such places as IIKPLOYER shall designate, and, further, only if the tools are destroyed or stolen in their entirety as a result of a fire, vandalism or proven theft from the EMPLOYER'S premises. - 9 - ARTICLE X - JURY DUTY 10.1 Any employee who is required during his regular working hours to appear in court as a juror or witness except as a witness in his own behalf against the City, shall be paid his regular pay while he is so engaged, provided however, that any fees that the employee may receive from the court for such service shall be paid to the City and be deposited with the•City Finance Director. Any employee who is scheduled to work a shift, other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as he is required to - appear in court as a juror or witness. - 10 - . ��s i�a5 ARTICLE XI - LEGAL SERVICES 11.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the EMPLOYER shall defend, save harmless and indemnify an employee, and/or his estate, against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission in the performance and scope of the employee's duties. - 11 - ARTICLE XII - CITY MILEAGE 12.1 Automobile Reimbursement Authorized - Pursuant to Chapter 92A of the St. Paul Legislative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own sutomobiles in the performance of their duties, the following provisions are adopted. 12.2 Method of Co�putation - To be eligible for such reimbursement, all officers and employees must receive written authorization from the Mayor. Reimbursement shall be made in accordance with one of the following plans: Type l. For those officers and employees who are required to use their own sutomobiles occasionally for official City business, reimbursement at the rate of 14 cents for each mile driven. Type 2. For those officers and employees who are required to use their own automobiles on a regular basis on City business, reimbursement at the rate of $2.50 for each day of work, and in addition thereto at the rate of 7.5 cents for each mile driven. 12.3 Rules and Regulations - The Mayor shall adopt rules and regulations governing the procedures for sutomobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating place of origin and destination and applicable mileage ratings thereat and indicating total miles driven, and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further required that they maintain automobile liability insurance in amounts not less than $100,000/300,000 for personal in�ury, and $25,000 for property damage. These rules and regulations, together with any amendments thereto, shall be maintained on file with the City Clerk. - 12 - . ��',5���a5 ARTICLE XIII INSURANCE 13.1 The employer shall contribute an amount set forth below to a fund which shall be established and administered by the union for the purpose of securing health, life, medical and hospitalization insurance benefits for members of this unit. The responsibility of securing such insurance programs shall be that of the union. 13.2 Effective January 1, 1986, for each eligible employee covered by this Agreement who selects single insurance coverage, the Employer will contribute $102.30 per month. 13.3 Effective January 1, 1986, for each eligible employee covered by this Agreement who selects family insurance coverage, the Employer will contribute $152.17 per month. 13.4 Any cost in premiums for single or family insurance coverage in excess of the amounts stated in Articles 13.2 and 13.3 above shall be paid by the Employee. 13.5 Eligibility for the employer's monthly contribution shall begin the first day of the seventh month following the employee's employment by the Employer. Eligibility shall continue each month thereafter during which the employee is on the payroll the first workday. 13.6 The administration of any insurance programs established by the union for the protection of the members of this unit and eligible early retirees shall be the sole responsibility of the union. The union shall be respon- sible for the implementation, solicitation, enrollment, eligibility, and payment of premiums for insurance programs established pursuant to this article. - 13 - ARTICLE XIII - INSURANCE (cont.) 13.7 All contributions and deductions described above shall be forwarded to de- positories as directed by the union. The union shall notify the employer of the name of the employee and the amount to be contributed or deducted from the employees'payroll, and the employer shall take the necessary steps to make such contributions and payroll deductions and to forward the amounts to the Trust Fund designated by the Union. If an employee does not consent to the amount of deduction set forth by the union, the employer shall not be responsible for failure of premium payment. 13.8 It shall be the responsibility of the union to advise employees as to their health and hospital insurance status, benefits, and rights. 13.9 For employees who retire after the time of execution of this Agreement and prior to January 1, 1987 and until such employees reach sixty-five (65) years of age, the Employer will for the period of this Agreement contribute such insurance payments as are provided by the Employer for such employees at the time of their retirement. Said payments shall be made to the Trust Fund designated by the Union. 13.10 For employees who retire after December 31, 1986, the Employer will dis- continue making any insurance payments upon the date of retirement. The Employer's final insurance payment for such employees will be for the month in which the employee retires. Continued insurance caverage for such retirees will be provided through District 77's Health and Welfare Fund subject to rules of the fund. 13.11 Effective January 1, 1987, all retirees who retired after December 31, 1981 who are sixty five years of age or older or upon reaching sixty-five (65) years of age will be covered by the Union's Insurance Plan at no cost to the Employer. Insurance coverage will be provided through District 77's Health and Welfare Fund subject to rules of the fund. - 14 - �����a5� ARTICLE XIII - INSURANCE (cont.) 13.12 In order to be eligible for the benefits under the early retiree provision in Articles 13.9 above the employee must: a) Be receiving benefits from a public employee retirement act at the time of retirement. b) Have severed his/her relationship with the City of Saint Paul under one of the early retiree plans. c) Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's early retirement date that he/she wishes to be eligible for early retiree insurance benefits. - 15 - ARTICLE XIV - HOLIDAYS 14.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Year's Day Labor Day Martin Luther King Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day �ao floating holidays Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 14.2 The floating holidays set forth in Section 14.1 above may be taken at 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's name must appear on the payroll the last working day before the holiday ; and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. - 16 - _ @���-���s ARTICLE XV - VACATION 15.1 In each calendar year, each full-time employee shall be granted vacation according to the following schedule: Years of Service Vacation Granted Less than 8 years 15 days After 8 years thru 15 years 20 days After 15 years and thereafter 25 days 15.2 Employees who work less than full-time shall be granted vacation on a pro rata basis. 15.3 The head of the department may permit an employee to carry over into the following year up to ten days' vacation. 15.4 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 15.5 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he may convert any part of such excess to vacation at the rate of one-half day's vacation for each day of sick leave credit. 15.6 The maximum number of days' vacation allowed by the conversion of sick ieave credits shall be no more than five days in any one year so that the maximum vacation time which may be taken in any one year shall be forty days including the regular vacation period. - 17 - ARTICLE XVI - GRIEVANCE PROCEDtTRES 16.1 The EMPLOYER shall recognize stewards selected in accordance with UNION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the names of the Stewards and of their successors when so named. 16.2 It is recognized and accepted by the EMPLOYER and the UNION 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 working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed � during working hours, provided, the steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the EMPLOYER. 16.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article VII, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this AGREEMENT, the employee involved shall attempt to resolve the matter on an informal basis with the employee's - 18 - ARTICLE XVI - GRIEVANCE PROCEDURES �a� /��� (continued) supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the UNION within three (3) calendar days following this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. - 19 - ARTICLE XVI - GRIEVANCE PROCEDURES (continued) Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated Employer Supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the II�PLOYER shall reply in writing to the UNION stating the EMPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the UNION may refer the - grievance to Step 4. Any grievance not referred to in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. Step 4. If the grievance remains unresolved, the UNION may within seven (7) calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the II�LOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutally agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relation Board to submit a panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION shall - 20 - ' ARTICLE XVI - GRIEVANCE PROCEDURES ` ��`/�a� (continued) ' strike the first (lst) name; the EMPLOYER shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 16.4 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator' interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UNION, and the employees. 16.5 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the pro- ceedings, it may cuase such a record to be made, providing it pays for the record. 16.6 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. - 21 - ARTICLE XVII - SAVINGS CLAUSE 17.1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of St. Paul. In the event any provision of this AGREEMENT shall hold to be contrary to law by a court of competent jurisdiction from who final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. - 22 - . ���-���,� ARTICLE XVIII - SEVERANCE PAY 18.1 The employer shall provide a severance pay pro�;ram as set forth in this Article. 18.2 To be eligible for the severance pay program, an employee must meet the following requirements: 18.21 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions of the Public Employees Retirement Association (PERA) . 18.22 The employee must be voluntarily separated from 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. 18.23 The employee must have at least ten (10) years of service under the classified or unclassified Civil Service at the time of separation. 18.24 The employee must file a waiver of re-employment with the Director of Personnel, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type) , with the City or with Independent School District No. 625. 18.25 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 18.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to onehalf of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 18.4 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. - 23 - ARTICLE XVIII - SEVERANCE PAY (continued) 18.5 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. 18.6 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. 18.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 18.8 This severance pay program shall be subject to and governed by the pro- visions 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. 18.9 An employee may, in any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this article or the ordinance shall constitute a bar to receiving severance pay from the other. - 24 - � ARTICLE XIX - WAGE SCHEDULE �� /��� 19.1 The wage schedule for purposes of this contract shall be Appendix A, attached hereto. 19.2 The Vehicle Mechanic Leadworker rate will be 25C per hour higher than the Vehicle Mechanic rate. - 25 - ARTICLE XX - STRIKES, LOCKOUTS, WORK INTERFERENCE 20.1 The UNION and the EMPLOYER agree that there shall be no strikes, work stoppages, slow-downs, sitdown, stay-in, or other concerted interference with the EMPLOYER'S business or affairs by any of the said UNION and/or the members thereof, and there shall be no bannering during the existence of this AGREEEMENT without first using all possible means of peaceful settlement or any controversy which may arise. Employees engaging in same shall be liable for disciplinary action. - 26 - . @��s-i��s ARTICLE XXI - SICK LEAVE 21.1 Sick Leave With Pay. During any period in which an employee is absent from work on sick leave with pay, the employee shall not be employed or engaged in any occupation for compensation outside of his regular city employment . Violation of the provision of this paragraph by any employee shall be grounds for suspension or discharge. - 27 - ARTICLE XXII - MATERNITY LEAVE 22.1 Maternity Leave. Maternity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the EMPLOYER may approve such leave at its option, and such leave may be no longer than one (1) year. - 28 - ARTICLE XXIII - SAFETY SHOES � �`����0�� 23.1 The EMPLOYER agrees to pay $10.00 toward the cost of each pair of safety shoes purchased by an employee that is a member of this unit. The EMPLOYER shall contribute toward the cost of two pair of shoes per year and shall not be responsible for any additional cost for any additional shoes thereafter. This reimbursement of $10.00 per pair of shoes shall be made only after investigation and approval by the immediate supervisor of that employee. This $10.00 per pair of shoes contribution to be made by the EMPLOYER shall apply only to those employees who must wear protective shoes or boots for their employment. - 29 - ARTICLE XXIV - DURATION AND EFFECTIVE DATE 24.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this agreement. Any and all prior agreements, resolutions, practices, policies or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this agreement are hereby superseded. In those areas where Civil Service Rules are not inconsistent with this agreement the Civil Service Rules shall continue to be in effect. 24.2 Except as herein provided this agreement shall be effective as of the date it is executed by the parties and shall continue in full force and effect through June 30, 1987. Either party desiring to amend or modify this agreement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971. 24.3 This constitutes a tentative agreement between the parties which will be re- commended by the City Negotiator, but is sub�ect to the approval of the Administration of the City, the City Council and is also sub�ect to rati- fication by the Union. WITNESSES: CITY OF SAINT PAUL DISTRICT LODGE N0. 77, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO , � BY: ` (,,L� �, or tio ir ctor Business Manager BY: BY: Civil Service Commission DATED THIS 29th DAY OF October , 1985 - 30 - APPENDIX A ��`S /��� - The wage rates and salary ranges for classifications in this unit are shown below: EFFECTIVE EFFECTIVE EFFECTIVE JULY 6, 1985 JAN. 4, 1986 JULY 5, 1986 Auto Body Repairman $14.18 $14.09 $14.65 Machinist 14.18 14.09 $14.65 Mechanic-Welder 14.18 14.09 $14.65 Tire Repairman 13.64 13.55 $14.09 Vehicle Mechanic 14.18 14.09 $14.65 Vehicle Mechanic Leadworker 14.45 14.36 $14.93 Welder 14.18 14.09 $14.65 Welder Leadworker 14.45 14.36 $14.93 Auto Body Repairman Helper: Starting 60� of Auto Body Repairman Rate after 6 months 65Z of Auto Body Repairman Rate after 1 year 70� of Auto Body Repairman Rate after 2 years 75� of Auto Body Repairman Rate after 3 years and thereafter 80� of Auto Body Repairman Rate EFFECTIVE EFFECTIVE EFFECTIVE JULY 6, 1985 JAN 4, 1986 JULY 5, 1986 START 6 MOS START 6 MOS START 6 MOS Audio Visual Equipment Repairman $12.00 $12.70 $11.91 $12.61 $12.39 $13.11 Auto Washer 9.39 9.88 9.30 9.79 9.67 10.18 Equipment Repairman 11.55 12.22 11.46 12.13 11.92 12.62 Fire Buildings Repairer 11.55 12.22 11.46 12.13 11.92 12.62 Fire Equipment Serviceman 11.55 12.22 11.46 12.13 11.92 12.62 Parking Meter Repair Worker 11.55 12.22 11.46 12.13 11.92 12.62 Traffic Sign Worker 11.55 12.22 11.46 12.13 11.92 12.62 *Utilityman 11.55 12.22 11.46 12.13 11.92 12.62 Utilityman I 10.66 11.26 10.57 11.17 10.99 11.62 Vehicle Maintenance Worker (Heavy) 11.55 12.22 11.46 12.13 11.92 12.62 Vehicle Maintenance Worker (Light) 10.66 11.26 10.57 11.17 10.99 11.62 EFFECTIVE 7-6-85 EFFECTIVE 1-4--86 EFFECTIVE 7-5-86 START 6 Mos. 1 Yr. START 6 Mos. 1 Yr. START 6 Mos 1 Yr. Food Service Equip. - Specialist Helper $7.67 $7.92 $8.22 $7.58 $7.83 $8.13 $7.88 $8.14 $8.46 - A1 - APPENDIX A (continued) EFFECTIVE EFFECTIVE EFFECTIVE JULY 6, 1985 JAN. 4, 1986 JULY 5, 1986 START 6 MOS 1 YR START 6 MOS 1 YR START 6 MOS 1 YR Parts Runner $6.65 $7.42 $8.22 $6.56 $7.33 $8.13 $6.82 $7.62 $8.46 Communications Technician Helper $7.47 $7.72 $8.22 $7,38 $7.63 $8.13 $7.68 $7.94 $8.46 Vehicle Mechanic Trainee First 2,000 hours 607 of the Vehicle Mechanic base rate Third 1,000 hours 65� of the Vehicle Mechanic base rate � Fourth 1,000 hours 707 of the Vehicle Mechanic base rate Fifth 1,000 hours 75' of the Vehicle Mechanic base rate Sixth 1,000 hours 807 of the Vehicle Mechanic base rate Seventh 1,000 hours 85� of the Vehicle Mechanic base rate Eighth 1,000 hours 90' of the Vehicle Mechanic base rate The above July 6, 1985 rates represent a $0.50 per hour increase over the July 1, 1984 rates. The above January 4, 1986 rates represent a $0.09 per hour decrease from the July 6, 1985 rates. (The .09 per hour is being added to the Employer's insurance con- tribution.) The above July 5, 1986 rates represent a four percent (4�) increase over the January 1, 1986 rates. - A2 -