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84-316 WHITE - CITV CLERK � PINK - FINANCE C I TY O F SA I NT PA U L Council CANARV - DEPARTMENT � BLUE - MAVOR File NO. �' 3� - � C uncil Resolution , Presented By ��Y /�Referred To � � � Committee: Date �/1'�� Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1984-1985 Collective Bargaining Agreement between the City of Saiat Paul and the City Attorneys Professional Association. Approved: �� Chairman, C il Service Co sioa COUNCILMEN Requested by Department of: Yeas Nays Fletcher Drew f i e Masanz In Favor Nicosia scnelbe� � __ Against BY Tedesco W ilson Adopted by Council: Date MAR ' 8 �98�t Form Approv y City Attor Certified Pa•s b Council , tar BY sy � Approved by or. Date -,-_ MAR " 9 �95�1 Appro Mayor for mi s' n o Coun il By I BY � PUBL{SH MAR 17 1984 . . � . . _ GF �'y�� Personnel. Off�ce DEPARTI�IEN1� ' .Jeanet p ��hAni� �ONTACT 298-4221 PHONE � F$�s�aarq 7�_1�8� DATE �� . (Routing and Explanation Sheet) Assign Number for Routing Order (Clip All Locations for Mayoral Signature): Department Director City Attorney �' �� /Mayor Fi nance and Management �ces ctor RECENED - � City Clerk FEB 8 1984 Bud et Di rector L OR'S OFFICE What Will be Achieved by Taking Action on the Attached Materials? (Purpose/Rationale); This resolution approves the 1984-1985 Agreement betweea the City of St. Paul aad the City : Attorneys Professional Association. This Agreement includes the changes o`n the attached sheet. Financial , Budgetary and Personnel Impacts Anticipated: Wa es Insuraace 1984 $45,427 $3,737 • 1985 43,930 Uaicnowa Fund�ng Source and Fund Activity Number Charged�or Credited: Attachments (List and Number all Attachrr�nts):_ . 1. Resolution 2. Copq for City Clerk 3. Agreem�ent . ��;, ...:":� _ _ DEPARTMENT REVIEW CITY ATTORNEY REVIEW n i Resolution Re`uired? Resolution Re uired? Yes v No Yes No Cou c 1 q q Yes No Insurance Required? Insurance Sufficient? Yes � No /1/�� Yes No Insurance Attached? Revision of October, 1982 fSPp RevPrte SidP for 'Instructions) .. . _ . - • C��" �'�� City Attorneys Professional Association 1. Article II - Severance Pay. New standard severance pay plan increasing maximum severance pay from $4,000 to $6,500. 2. Article XII - Insurance. City to continue paying only up to the premium rates for the Group Health Plan. 3. New Article allocving up to 8 hours of sick leave to be used if needed to handle energencies. 4. New Article allowing one day of sick leave to be used for funeral of a grandchild. 1984: $72.80 bi-weekly increase (ave. 5.44%) 1985: $70.40 bi-weekly increase (ave. 5.0%) . �. t� � � - �� -��0 1984 - 1985 COLLECTIVE BARGAINING AGREEMENT - between - THE CITY OF SAINT PAUL - and - THE CITY ATTORNEYS PROFESSIONAL ASSOCIATION _ - - �+= g�f 3�� irmEx ARTICLE TITLE PAGE Prea�►ble iii I Recognition 1 , II Severance Pay 2 III Management Rights 4 IV Residence 5 � V Check Off and Service Fee 6 VI Maternity Leave 8 VII Discipline 9 VIII Strikes, Lockouts, Work Interference 10 IX Grievance Procedure 11 X Wages 16 XI Saving Clause ll XII Insurance 18 XIII Vacation 22 XIV Holidays 23 XV Leaves of Absence 24 XVI Duration and Effective Date 25 Appendix A A1 - ii - , , - _ - � �� /3i� PREAMBLE This AGREEMENT entered into between the City of Saint Paul, hereinafter ref erred to as either the "EMPLOYER" or the "CITY", and the City Attorneys Professiona.l Association, hereinafter referred to as "C.A.P.A." or the "ASSOCIATION", for the purpose of fostering and promoting harmonious relations � between the CITY and the ASSOCIATION in order that a high level of public service can be provided to the citizens of the CITY. This AGREEMENT attempts to accomplish this purpose by providing a fuller � and more corzplete understanding on the part of both the CITY and the ASSOCIATION of their respective rights and responsibilities. The provisions of this AGREEMENT shall not abrogate the rights and/or duties of the EMPLOYER, the ASSOCIATION, or the employees as established under the provisions of the Public Employee Labor Relations Act of 1971, as amended. - iii - ARTICLE I - RECOGNITION 1.1 The CITY recognizes C.A.P.A. as the exclusive representative for the City Attorneys Professional Association, as certified by the State of Minnesota Bureau of Mediation Services, dated September 20, 1979, Case• No. 75-PR-764-A. This unit above consists of the following: , Attorney I Attorney VI Attorney II Attorney VII Attorney III Law Clerk Attorney IV Legal Assistant I Attorney V Legal Assistant II 1.2 Employees employed in the above class titles and assigned to confidential and/or supervisory positions are not included in this Agreement. - 1 - J � ` ' . C�� V 1 ^�/Y/ ARTICLE II - SEVERANCE PAY 2.1 The employer shall provide a severance pay program as set forth in this Article. 2.2 To be eligible for the severance pay program, an employee must meet the following requirements: 2.21 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) . The "rule of 90" criteria shall also apply to employees covered by a public pension plan other than PERA. 2.22 The employee must be voluntarily separated from City employment or have been subject to separation by lay-off 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. 2.23 The employee must have at least ten (10) years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this Article, employ- ment in either the City or in the Independent School District No. 625 may be used in meeting this ten (10) year service re- requirement. 2.24 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. 2.25 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 2.3 �f an employea 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. 2.4 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. - 2 - � � y ARTICLE II - SEVERANCE PAY (cont.) 2.5 For the Purpose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met all of the requirements set forth above, at the tine of his or her death, payment of the severance pay will be made to the employeets estate or spouse. 2.6 For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of e�ployment, and such transferee shall not be eligible for the City severance program. 2.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 2.8 This severance pay program shall be sub�ect 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. 2.9 The provisions of this article shall be ef£ective as of December 24, 1983. 2:10 Any employee hired prior to December 31, 1983 may, in any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as antended 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. Any employee hired after December 31, 1983 shall only be entitled to the benefits of this article upon meeting the qualifications herein. - 3 - � - � ��= �y-�i� ARTICLE III - MAl�'AGEMENT P.IGHTS 3.1 The ASSOCIATION 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 EMPI.OYER has not officially abridged, delegated, or modified by this AGREEMENT are retained by the F1�SPLOYER. 3.2 A public employer is not required to meet and negotiate on matters of inherent managerial pol�cy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the EMPLOYER, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. - 4 - � � � - � � � � cr- ��-.�� ARTICLE V - CHECK OFF AND SERVICE FEE 5.1 The EMPLOYER agrees to deduct the ASSOCIATION membership initiation fee assessments and once each month dues from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted sha11 be certified to the EriPLOYER by a represent- ative of the ASSOC7ATION 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 thereaf ter as is possible. 5.2 Any present or future employee who is not an ASSOCIATION member shall 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 the 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 and administration of grievance procedures. It is also understood that in the event the CITY shall make an improper fair share deduction from the earnings of an employee, the ASSOCIATION shall be obligated to make the CITY whole to the extent that the CITY shall be required to reimburse such employee for any amount improperly withheld. This provision sha11 remain operative only so long as specifically provided by Minnesota law, and as otherwise legal. - 6 - ARTICLE V - CHECK OFF AND SERVICE FEE (continued) 5.3 The ASSOCIATION agrees to idemnify and hold the EMPLOYER harmless against any and all claims, suits, order or judgments brought or issued against the CITY as a result of any action taken or not taken by the CITY under the provisions of this Article. ' 5.4 The ASSOCIATION agrees that a service fee of twenty-five cents ($0.25) per member, per month shall be deducted by the City of Sto Paul from the amount withheld for dues or fairshare prior to remittance of dues or fairshare to the ASSOCIATION. - 7 - � - ^ �� P'�f�i� ARTICLE VI - MATERNITY LEAVE 6.1 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 af ter 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. - 8 - ARTICLE VII - DISCIPLINE 7.1 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period the employee and/or ASSOCIATION may request, and shall be entitled to a meeting with the EMPLOYER representative who initiated the suspension with intent to discharge. During the five (5) day period, the II�iPLOYER may affirm the suspension and discharge in accordance with Civil Service Rules or may modify, or . withdraw same. - 9 - _ _ �r- �� ARTICLE VIII - STRIKES, LOCKOUTS, WORK INTERFERENCE 8.1 The ASSOCIATION and the EMPLOYER agree that there shall be no strikes, work stoppages, slow-downs, sitdown, stay-in, or other concerted interference with the EMPLOYER'S business or affairs by said ASSOCIATION � and/or members thereof, and there shall be no bannering during the existance of this AGREEMENT without first using all possible means of peaceful settlement of any controversy which may arise. Employees engaging in same shall be liable for disciplinary action. - 10 - .ARTICLE IX - GRIEVANCE PROCEDURE 9.1 A grievance is defined as a dispute or disagreement as to the interpret- ation or application of the specific terms and conditions of this AGREII�IENT. 9.2 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 shall notify the EMPLOYER in writing of the names of such Association Representatives and of their successors when designated. The EMPLOYER shall notify the ASSOCIATION in writing as to its designated representatives. 9.3 It is recognized and accepted by the ASSOCIATION and the II�iPLOYER that the processing of grievances as hereinafter provided is limited by the _ - --- 3ob duties and responsibilities of the employees and shall therefore be `"rP accomplished during norma.l working hours when consisten.t 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 EMPLOYER during normal working hours provided that the employee and Association Representative have notified and received the approval of designated supervisor and provided that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. It is understood that the EMPLOYER shall not use the above limitation to hamper the processing of grievances. - 11 - . , , - � � � �y��i� ARTICLE IX - GRIEVANCE PROCEDURE (continued) 9.4 Grievances, as defined by Section 9.1, shall be resolved in confor�a�ce with the following procedure: Step 1. An employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the EMPLOYER. The Employer-designated representative will discuss and give an answer to such Step I 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 AGREII�fENT allegedly violated, the remedy requested, and shall be appealed to Step 2 by the ASSOCIATION within fifteen (15) 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 fifteen (15) 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 Employer's Step 2 answer in writing within ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not - 12 - ARTICLE IX - GRIEVANCE PROCEDURE (continued) 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 bq the Association and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the ASSOCIATIQN 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. Any grievance not appealed in writing to Step 4 by the ASSOCIATION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 hy the ASSOCIATION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. If a mutually acceptable arbitrator cannot be agreed upon, the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. Step 5. The arbitrator shall have no right to amend, modify, nullify, ignore the terms and conditions of this AGREETIENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the ASSOCIATION, and - 13 - _ _ cF� ��t� ARTICLE IX - GRIEVANCE PROCEDURE (continued) 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, copies to both parties and the Bureau of Mediation Service within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the 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. 9.5 The fees and expenses for the arbitratorts services and proceedings shall be borne equally by the EMPLOYER and the ASSOCIATION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. - 1l,� - ARTICLE IX - GRIEVANCE PROCEDURE (continued) 9.6 If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension � thereof, it shall be considered settled on the basis of the �IPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the ASSOCIATION may elect to . treat the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYFR and the ASSOCIATION in each step. 9.7 It is understood by the ASSOCIATION and the F�IPLOYER that a grievance nay be determined by either the grievance procedure of this contract or by the provisions of the Civil Service Rules of the City of Saint Paul. If an issue is determined by this grievance procedure it shall not again be submitted for arbitration under the Civil Service Rules. If an issue is determined by the provision of the Civil Service Rules it shall not again be submitted for arbitration under this grievance procedure. - 15 - � . - . � �t= �f��i�O ARTICLE X - WAGES 10.1 Effective January 7, 1984, all salary rates applicable to titles in this bargaining unit shall be increased $72.80 bi weekly. 10.2 Effective January S, 1985, all salary rates applicable to titles in � this bargaining unit shall be increased $70.40 bi weekly, 10.3 The wage schedule is attached for purposes of reference only and is not a . part of this contract. 10.4 Notwithstanding 10.1 and 10.2, salary rates shall be reduced in the amounts necessary to equalize payment to individual e�ployees and City employees who receive different pension benefits. - 16 - ARTICLE XI - SAVING CLAUSE 11.1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota. In the event any provisions of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose ` - £inal �udgment or decree no appeal has been taken within the time � _ provided, such provisions shall be voided. All other provisions shall - continue in fu11 force and effect. The voided provision may be renegotiated at the written request of either party. A17_ other provisions of this AGREEMENT shall continue in full force and_effect. - 17 - � �� . - . - � � Cr ��-�i� ARTICLE XII - INSURANCE 12.1 The EMPLOYER will continue for the period of this AGREEMENT to provide for employees such health and life insurance benefits as are provided by EMPLOYER at the time of execution of this AGREEMENT. � 12.2 The EMPLOYER will for the period of this AGREEMENT provide for employees who retire after the time of execution of this AGREEMENT and until such employees rea.ch sixty-five (65) years of age such health insurance benefits as are provided by the EMPLOYER for such employees and such life insurance benef its as provided in this article. 12.3 In order to be eligible for the benefits under the early retiree provision, the employee must: 12.31 Be receiving benefits from a public employee retirement act at the time of retirement. 12.32 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 12.33 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 12.4 Effective January 1, 1984, for each eligible empZoyee covered by this AGREEMENT who selects B1ue Cross-Blue Shield insurance coverage, the EMPLOYER agrees to contribute the cost of such coverage or $60.85 per month, whichever is less. In addition, for each employee who selects Blue Cross- Blue Shield dependentts coverage, the EMPLOYER will contribute the cost of such dependent's coverage or $96.28 per month, whichever is less. 12.5 Effective January 1, 1984, for each eligible employee covered by this AGREEMENT who selects Group Health insurance coverage, the EMPLOYER agrees - 18 - ARTICLE XII - INSURANCE to contribute the cost of such coverage or $b0.85 per month, whichever is less. In addition, for each employee who selects Group Health dependent's coverage, the EMPLOYER will contribute the cost of such dependent's coverage or $96.28 per month, whichever is less. 12.6 Effective January 1, 1984, for each eligible employee covered by this AGREEMENT who selects Coordinated Care Health insurance coverage, the _ EMPLOYER agrees to contribute the cost of such coverage or $60.85 per month, whichever is less. In addition, for each employee who selects Coordinated Care dependent's coverage, the EMPLOYER will contribute the cost of such dependent's coverage or $96.28 per month, whichever is less. 12.7 Effective January 1, 1984, for each eligible employee covered by this AGREEMENT who selects HMO Minnesota insurance coverage, the EMPLOYER agrees to contribute the cost of such coverage or $60.85 per month, whichever is � � less. In addition, for each employee who selects the HI`i0 Minnesota dependent's coverage, the EMPLOYER will contribute the cost of such depen- dent's coverage or $96.28 per month, whichever is less. 12.8 Effective January 1, 1984, for each eligible employee covered by this AGREEMENT who selects the SHARE insurance coverage, the EMPLOYER agrees to contribute the cost of such coverage or $60.85 per month, whichever is less. In addition, for each employee who selects the SHARE dependent's coverage, the EMPLOYER will contribute the cost of such dependent's coverage - or $96.28 per month, whichever is less. 12.9 Effective January 1, 1984, for each eligible employee covered by this AGREEMENT who selects the Physicians Health Plan i.nsurance coverage, the EriPLOYER agrees to contribute the cost of such coverage or $60.85 per • - 19 - . .;. - - � �r- ��'3i� ARTICLE XII - INSURANCE (continued) month, which ever is less. In addition, for each employee who selects the Physicians Health Plan dependent's coverage, the EMPLOYER will contribute the cost of such dependent's coverage or $96.28 per month, whichever is less. 12.10 Effective January 1, 1984, for each eligible employee covered by this AGREEMENT who selects the Med Center insurance coverage, the EMPLOYER agrees to contribute the cost of such coverage or $56.05 per month, whichever is less. In addition, for each employee who selects the Med Center dependent's coverage, the EMPLOYER will contribute the cost of such dependent's coverage or $96.28 per month, whichever is less. 12.11 The City agrees to contribute the cost for $5,000 of Life Insurance coverage for each employee who is eligible for such coverage or $2.07 per month, whichever amount is less. Any increase in this Life Insurance premium shall be paid by the employee. 12.12 Effective October 1, 198G, the Employer's contribution toward Employee coverage in Articles 12.4 thru 12.10 will be ad�usted in dollars to reflect the October 1, 1984, increa.se in the premium rates for the Group Health Plan employee coverage. 12.13 Effective October 1, 1984, the Employer's contribution toward dependent coverage in Articles 12.4 thru 12.10 will be ad3usted in dollars to reflect an increase of seventy-five percent (75%) of the October 1, 1984, increase in the premium rates for the Group Health Plan dependent's cover�ge. 12.14 Effective October 1, 1985, the Employer's contribution toward Employee ' coverage in Articles 12.4 thru 12.10 will be adjusted in dollars to reflect the October 1, 1985, increase in the premium rates for the Group Health Plan employee coverage. - 20 - 'I• ; . ARTICLE XII - INSURANCE (continued) 12.15 Effective October 1, 1985, the Employer's contribution tocaard dependent coverage in Articles 12.4 thru 12.10 will be adjusted in dollars to reflect an increase of seventy-five percent (75%) of the October 1, 1985, increase in the premium rates for the Group Health Plan dependent's coverage. 12.16 Effective December 31, 1985, the Employer's contribution tocaard Employee coverage and the Employer's contribution toward dependent coverage in . Articles 12.4 thru 12.10 shall be adjusted in dollars back to the respective amounts which were in effect on September 30, 1985. � - 21 - . _ . - . C�=- p��i� ARTICLE XIII - VACATION 13.1 In each calendar year, each full-t3me employee shall be granted vacation according to the following schedule: � Years of Service Vacation Granted Less than 8 years 15 days Af ter 8 years thru 15 years 20 days � Af ter 15 years and thereafter 25 days Employees who work less than full-time shall be granted vacation on a pro rata basis. 13.2 The head of the department may permit an employee to carry over into the following year up to ten days' vacation. 13.3 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 13.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he may convert any part of such excess to vacation at the rate of one-hal£ day's vacation for each day of sick leave credit. No employee may convert more than ten (IO) days of sick leave in each calendar year under this provision. - 22 - ARTICLE XIV - HOLIDAYS 14.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays. New Year`s Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day Labor Day Ztao f loating 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 - tempo�ary, emergency nor other employees not heretofore eligible shall receive holiday pay. � - 23 - . . - - � �r= ��3�c� ARTICLE XV - LEAVES OF ABSENCE 15.1 Any employee who has accumulated sick leave credits as provided above shall be granted leave with pay, for such period of time as the head of the department deems necessary, on account of sickness or injury of the employee, quarantine established and declared by the Bureau of Health, death of the employee's mother, father, spouse, child, brother, sister, mother-in-law, father-in-law, or other person who is a member of the household; and may be granted leave with pay for such time as is actually necessary for office visits to a doctor, dentist, optometrist, etc. , or in the case of sudden sickness or disability of a member of his household, making arrangements for the care of such sick or disabled persons up to a maximum of eight hours sick leave. 15.2 Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, shall be granted one day of such leave to attend the funeral of the employee's grandparent or grandchild. - 24 - ARTICLE XVI - DURATION AND EFFECTIVE DATE 16.1 Complete Agreement �ti'ith Waiver of Bargaining. This AGREEMENT shall represent the complete AGREEMENT between the ASSOCIATION and the EMPLOYER. The parties acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make requests and proposals with respect to any subject or matter not removed by law from the area of collective bargeining, and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this AGREEMENT. Therefore, the EMPLOYER and the ASSOCTATION, for the life of this AGREEMENT, each voluntarily and unquali£iedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any sub3ect or matter referred to or covered in this AGREEMENT. , 16.2 Except as herein provided this AGREEMENT shall be effective as of the date it is executed by the parties and shall continue in full force and effect thru December 31, 1985, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify this AGREEMENT shall notify the. other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971. - 25 - . . � . � � - �� y�, i� ARTICLE XVI - DURATION AND EFFECTIVE DATE (continued) 16.3 This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City, the City Council and is also subject to the ratification by the ASSOCIATION. WI'TI`�SSES CI'iY OF SAINT PAUL CITY ATTORNEYS PROFESSIONAL ASSOCIATION . • �� ,_ �`-'' _.--- La or Rela ons Direct President - - � _.-„_... Civil Service Commission DATED: January 24, 1984 � - 26 - . . .; - - � G� � �y�.1� . APPENDIX A Law Clerk Effective A B C D E F 10-yr. 15-yr. 20-yr. 25-yr. 1-7-84 662.65 688.28 716.79 747.42 778.05 809.39 829.34 850.71 860.21 869.71 1-5-85 733.05 758.68 787.19 817.82 848.45 879.79 899.74 921.11 930.61 940.11 Legal Assistant I 1-7-84 851.42 889.18 928.36 968.24 1011.71 1056.60 1082.95 1110.01 1119.51 1129.01 1-5-85 921.82 959.58 998.76 1038.64 1082.11 1127.00 1153.35 1180.41 1189.91 1199.41 Legal Assistant II 1-7-84 946.15 984.64 1029.52 1073.69 1122.13 1170.56 1203.33 1234.67 1244.17 1253.67 1-5-85 1016.55 1055.04 1099.92 1144.09 1192.53 1240.96 1273.73 1305.07 1314.57 1324.07 � PROFESSIONAL/ADMINISTRATIVE TITLES Attorney I Effective A B C D E F G 10-yr. 15-yr. 1-7-84 944.74 980.37 1016.70 1064.42 1113.57 1165.57 1219.72 1251.77 1288.10 1-5-35 1015.14 1050.77 1087.10 1134.82 1183.97 1235.97 1290.12 1322.17 1358.50 Attorney II 1-7-84 1025.96 1064.42 1104.32 1155.60 1209.74 1266.73 1327.28 1364.33 1401.37 1-5-85 1096.36 1134.82 1174.72 1226.00 1280.14 1337.13 1397.68 1434.73 1471.77 Attorney III 1-7-84 1178.41 1222.57 1268.16 1328.72 1390.70 1456.94 1526.75 1568.07 1612.95 1-5-85 1248.81 1292.97 1338.56 1399.12 1461.10 1527.34 1597.15 1638.47 1683.35 Attorney IV 1-7-84 1245.37 1293.09 1340.83 1404.22 1471.18 1541.70 1613.66 1660.68 1706.98 1-5-85 1315.77 1363.49 1411.23 1474.62 1541.58 1612.10 1684.06 1731.08 1777.38 Attorney V 1-7-84 1501.81 1558.80 1617.93 1694.88 1776.08 1860.86 1949.90 2006.90 2063.17 1-5-85 1572.21 1629.20 1688.33 1765.28 1846.48 1931.26 2020.30 2077.30 2133.57 Attorney VI 1-7-84 1633.61 1695.58 1761.12 1845.18 1934.23 2026.84 2124.43 2186.40 2247.68 I-5-85 1704.0'1 1765.98 1831.52 1915.58 2004.63 2097.24 2x94.83 2256.80 23I8:08 ATTORNEY VII . 1-7-84 1729.06 1794.60 1862.98 1953.46 2047.49 2146.51 2250.51 2314.63 2379.46 1-5-85 1799.46 1865.00 1933.38 2023.86 2117.89 2216.91 2320.91 2385.03 2449.86 - A1 - �r=�' .. �' ��; ,._ % ' OI3'.8'ICI� OF TFIF. CITX COIIl�'CIL G/� �/�-3%�o � .t: 11�iNNN +` ..,,.�;x.� ,.;� D a t e � ! :• � •=_ "'- . : btarch 1, 1984 � , � . � .�:� _ , �,;�� ' . � I .� - � � �..`-- C011/l MlTT�E . . . : R E P O RT_ � TO = : � Sa�nt Pau 1 City Counci I . . - : - �. � . , _ . - ; , F[�� = C O i'rt tl�lr t 6 e Q h F�rt�tcE, MANAGEI�NT � PERSONNEL � - � � � � -- � � • - . " _ ._ ; CHAIR James Scheibel " .�� . � . _ __ - j � - � • , � • � . " - � . . . . � . . - . . . � � _ ; . . : _� . . . : ' . � . - � . - . ; _ .. . . __ - - - .- ; ----.- ---- -1�-- Approval'a� .�minutes frai`meeting held February 16, 1984.�p��j �� . - -_-`�--.-{ �--- -:_. _ . . . : ' .. . . . . . ..,. .-°.�=�.:�-:.�-° �.--�� _- : ti 2. Resolutieai�amendi�g the I984 Capital Imprwement Budget and transferring s � . � � � �246,000 fraaa specified cdntingency to renovation of Rice park. �(Com. Se� � � 3. Resolution apprwtiig �an �agreement with the Covmty of �tamsey whereby �he • - �_ � - . � City's Division o� ptiblic Health� will provide �laboratory services fQ= lake � �� . _ • water testing. : (Caomunity Services) �C�i1f.D r .. - .. . � . : . . : __ . '. . . ,. . . .. J . - ' . ' . : 4. Resolirtion amending the Civil Service Rules concern3ng_examination_inspec� - • tion a � licants.`. �P�1gD =,C�F�' Svu.ru� �� PP . . _ T�".'� . Ci �co si6�u :�r Bt.F��. .. "'" . . .. • . - Ga Nc3 �o:GmJN� ''`,i o'?n',{�� . . : - . . � � S. Resolution approving� 1984-1985 Collective Bazgaining Agreement between the/�pp(�-� City of St. Paul and. the City Attorneys Professional Association. (Personnel� . Resolution appraving Mrmoranduaa of Agreements between the City of St. Paul . � -. - � � � and the Fire Fighters,� Local 21 and the Ceaient Masons, Local 560 regard�ng - voluntary leave of absence�without pay. �.(Personnel) p�PROVF� ' � . � 7. Discussion of Riverfrcnt Enterprise Zone.�� - . � _ . _ _ 8. Discussion of pages:1 through I7 �of the Praposed Goals and Policies, I984 Budget. � . • �C,AaD prJ�� - � u��. _ . '�Y�u- � SBVENTH FLOOR SAIKT PAVL,MINNESOTA SSI02 . $��• - `- __ _ _ �.__�_: .. . _ . .. �,:i�---__ . �� . -- . _ .. _ . . , .. .._ __ - - --- ... . - - -- � 1NFIlTE - CITV CIEFtK � � PINK - FINANCE � I T 1 OF SA I NT �,� �} L COIInCIl CANqFty - OEPARTMENT File NO. % �� /� BLUE - n1qVOR � � CITY CLERK C'o�ncil �Zesol�tio;� Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1984-1985 Collective Bargaining Agreement between the City of Saint Paul and the City Attorneys Professional Association. Approved: Chairman, Civil�Service Commission COUNClLh1EN Y Requested by Department of: Yeas Fletcher Na s Drew [n Favor PP''G�nnel Office _ __ Masanz Nicosia scne+be� __ Against BY Tedesco Wilson Form Approved by City Attorney Adopted hy Council: Date Certified Passed by Council Secretary �Y B}� �— Appro�•ed by 1Aavor: Da[e _ Approved by Mayor for Submission to Council n_. Rv � , � � . - � - c,�= �-�r� 1984 - 1985 COLLECTIVE BARGAINING AGREErfEIvT - between - THE CITY OF SAINT PAUL - and - THE CITY ATTORI�EYS PROFESSIONAL ASSOCIATION ` ' ' . . � � �� ,�.�� INDEX iLa.TICLE TITLE PAGE Prea�ble iii I Recognition 1 . . II Severance Pay 2 III Management Rights 4 IV Residence 5 �. t' Check Off and Service Fee 6 ti'I Maternity Leave 8 �'II Disc3pline 9 VZII Strikes, Lockouts, Work Interference 10 � I�i Grievance Procedure 11 X Wages 16 kI Saving Clause 17 XII Insurance 18 XZTI Vacation 22 XI�' Holidays 23 X�' Leaves of Absence 24 X�'I Duration and Effective Date 25 Appendix A AI - ii - _ . _ _ _ . . . . - er_ �^�� PP.EAMBLE This AGRE�IENT entered into between the City of Saint Paul, hereinafter ref erred to as either the "II�IPLOYER" or the "CITY", and the City Attorneys � Professional Association, hereinaf ter referred to as "C.A.P.A." or the "ASSOCIATION", for the purpose of fostering and promoting harmonious relations � between the CITY and the ASSOC7ATION in order that a high level of public service caa be provided to the citizens of the CITY. This AGREEMEIJT attempts to accomplish this purpose $y providing a fuller , and more conplete understanding on the part of both the CITY and the ASSOCIATION of their respective rights and responsibilities. The provisions of this AGREEMENT shall not abrogate the rights and/or duties of the EMPLOYER, the ASSOCIATION, or the employees as established under the provisions of the Public Employee Labor Relations Act of 1971, as amended. - iii - • s ARTICLE I - RECOGNITION 1.1 The CITY recognizes C.A.P.A. as the exclusive representative for the City Attorneys Professional Association, as certified by the State of Minnesota Bureau of Mediation Services, dated September 20, 1979, Case• No. 75-PR-764-A. This unit above consists of the follo:aing: ', - Attorney I Attorney VI Attorney II Attorney VII Attorney III Law Clerk Attorney IV Legal Assistant I Attorney V Legal Assistant II 1.2 Employees employed in the above class titles and assigned to confidential and/or supervisory positions are not included in this Agreenent. ` - 1 - , �i- � �� ARTICLE II - SE�'ERANCE PAX 2.1 The employer shall provide a severance pay progra� as set forth in this Article. 2.2 To be eligible for the severance pay prograr�, an enployee must meet the following requirements: : 2.21 The employee must be 53 years of age or older or must be eligible for pension under the "rule of 90" provisions of the Public Employees Retirer�ent Association (PERA) . The "rule of 90" criteria shall also apply to employees covered by a public �ension plan other than PER�. . - 2.22 The employee must be voluntarily separated from City er.�ployment or have been subject to separation by lay-off or compulsory retirement. Those enplayees who 2re discharged for cause, misconduct, 3nefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 2.23 The employee must have at least ten (10) years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this Article, employ- tnEnt in either the City or in the Independent School District No. 625 may be used in meeting this ten (10) year service re- requirement. . 2.24 The employee must file a waiver of re-employment with the Director of Personnel, �vhich will clearly indicate that by requesting severance pay, the employee caaives all clairas to reinstatement or reemplo}�ment (of any type) , with the City or 4�ith Independent School District No. 625. 2.25 The emp�.oyee must have accumulated a minimum of si�>ty (60) days of sick leave credits at the time of his separation from service. 2.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she cai.11 be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the emplo}*ee on the date of separation for each day of acerued sick leave subject to a maxi_mum of 200 acerued sick leave days. 2.4 TEie maximum amount of money that any eMployee may obtain through this severance pay program is $6,500. - 2 - � ARTICLE II - SEVERANCE PAX (cont.) 2.5 For the Purpose of this severance program, a death of an employee shall be considered as separatian of employment, and if the employee would have met a11 of the requirements set forth above, at the tine of his or her death, pa5•ment of the severance pay �aill be made to the employee's estate or spouse. 2.6 For the puxpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employr,ient, and such transferee shall not be eligible for the City severance program. , 2.7 The manner of paynent of such severance pay shall be made in accordance �vith the provisions of City Ordinance No. 11490. 2.8 This severance pay program sha11 be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where t�e specific provisions of this article conflict with said ordi.nance and in such cases, the provisions of this article shall control. 2.9 The provisions of this article shall be effective as of December 24, 1983. 2:10 Any employee hired prior to December 31, 1983 ma5, in any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as aniended by City Ordinance No. 16303, section 1, section 6, � �� draw severance pay. However, an election by the er�ployee to draw . severance pay under either this article or the ordinance sha11 constitute ' a bar to receiving severance pay from the other. Any employee hired after December 31, 1983 sha11 only be entitled to the benefits of this article upon meeting the qualifications herein. — 3 � � � � � � ` �, - � �t= �/-�i�o ARTICLE III - MAI�AGII�iENT F.IG$TS 3.1 The ASSOCIATION recognizes the right of the Fr'�iPLOYER to operate and manage its affairs in a11 respects in accordance with applicable la�as and regulations of appropriate authorities. The rights and authority �ahich the EaiPLOYER has not officially abridged, delegated, or modified by this � AGREII�SENT are retained_ by the F�iPLOYER. 3.2 A public employer is not required to meet and negotiate on natters of inherent manager3.al policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of. the F�IPLOYER, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. - k - ' - _ - . . C r ��-��o ARTICLE V - CHECK OFF AIvTD SERVICE FEE 5.1 The F�iPLOYER agrees to deduct the ASSOCIATIO\ merabership initiation fee assessments and once each month dues from the pay of those employees who individually request in writing that such deductions be nade. The a*.aounts to be deducted shall be certified to the II`iPLOYER b}° a represent- ative of the ASSOCIATION and the aggregate deductions of a11 employees shall be remitted together with an ite�ized statement to the � representative by the first of the succeeding month after sLCh deductions are �ade or as soon thereafter as is possible. 5.2 Any present or future employee who is not an ASSGCIATION �ember shall 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 transmi.t the same to the ASSOCIATION. In no instance shall the required contribution exceed a pro rata share o£ the specific expenses incurred for services rendered by the representative in zelationship to negotiations and adminis�ration of grievance procedures. It is also understood that in the event the CITY shall make an improper fair share deduction from the earnings of an employee, the ASSOCIATION shall be obligated to make the CITY whole to the extent that the CITY shall be required to reimburse such employee for any amount improperly withheld. This provision sha11 remain operative oniy so long as specifically provided by Minnesota 1aw, and as otherwise legal. r - 6 - ARTICLE V - CHECK OFF AND SF.RVICE FEE (continued) 5.3 The ASSOCIATION agrees to idemnify and hold the EMPLOYER harmless against any and all claims, suits, order or judgments brought or fssued against _ the CITY as a result of any action taken or not taken by the CITY under the provisions of this Article. T 5..4 The ASSOCIATION agrees that a service fee of twenty-five cents ($0.25) ger member, per month shall be deducted by the City of Sto Paul from the amount withheld for dues or fairshare prior to remittance of dues or £airshare to the ASSOCIATION. \ - 7 - � . ' � � � � (�=�%�/�� ARTICLE VI - MATERNITY LEAVE 6.1 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 detexz*�ined 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. _ g _ ARTICLE VII - DISCIPLIN� 7.1 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said perio� �he employee and/or ASSOCIATION may request, and shall be entitled to a meeting with the F�IPLOYER representative who initiated the suspension with intent to discharge. : During the f ive (5) day period, the �iPLOYER may affirm the suspension and discharge in accordance �aith Civil Service Rules or may modify, or withdraw saMe. _ g _ � � ��i� ARTIC�.E VIII - STRIKES, LOCKOUTS, WORK INTERFERENCE 8.1 The ASSOCIATION and the EI�iPLOYER agree that there shall be no strikes, �oork stoppages, slow-dow�ns, sitdown, stay-in, or other concerted interference with the EMPLOYER'S business or affairs b}• said ASSOCIATION and/or members thereof, and there shall be no bannering during the� existance of this AGREEMENT without first using a11 possible means of peacef ul settlement of any controversy which may arise. Eriployees engaging in same shall be liable for disciplina�y action. - 10 � ARTICLE IX - GRIEVANCE PROCEDURE ' 9.1 A grievance is defined as a dispute or disagreement as to the intergret- ation or application of the specific terms and conditions of this AGREF�2ENT. 9.2 The EMPLOYER �ti=ill recognize representatives designated by the ASSOCIATIOiY as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The ASSOCIATION shall . �aotify the El`1PLOYER in writing of the names of such Associatior. Representatives and of their successors �ahen designated. The E�iiPLOYER shall notify the ASSOCIATION in writing as to its designated representatives. . }.3 It is recognized and accepted by the ASSOCIATIOI� anii the Fr.`:PLOYE�t 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 nor�eal working hours when consisten.t with such employ�e duties and responsibilities. The aggrieved employee an� an Assc�ciation Representativ� shall be all.owed a reasonable amoun�. of time without loss of pay when a grievance is investigated and presented to the F.1�IPLOYER during normal working hours provided that the enployee and Association Representative have notified and received the approval of designated superv3sor and provided that such absence is reasonable and would not be detrimenral to the work programs of the F.�IPLOYER. It is understood that the EMPLOYER shall not use the above limitation to hamper the processing of grievances. — a.1 -- � . - - Cr=�-�i� ARTICLE IX - GRIEVANCE PROCEDURE (continued) 9.4 Grievances, as defined by Section 9.1, sha11 be resolved in conforr.�u�_ce with the following procedure: Step l. An employee claiming a violation concerning the interpreta�ion or application of this AGREEMENT shall, within twenty-one (21) calendar aays after such alleged violation has occurred, present such gr3.evance to the employee's supervisor �as designated by the II�IPLOYER. The Employer-designated representative will discuss and give an answer to such Step 1 grievance �v3tt?in 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 griev��c�, the facts on wh3ch it is based, the provision or prov.isions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 by the ASSOCIATION within fifteen (15) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance n.ot appealed in trriting to Step 2 by the ASSOCTATIQN within fifteen (15) calendar days shall be considered �oaived. Step 2. If appealed, the written grievance sha11 be presented by tre ASSOCIATION and discussed with the Employer-designated Step 2 representative. T'he Employer-designated representative shal; � give the Association Employer's Step 2 answer in wxiting wi;.hin te:n (10) calendar da}�s following the Employer-desigr_ated representative's final Step 2 answer. Any grievance not - 12 - ARTICLE IX - GRIEVANCE YP.00EUURE (continued) appealed in writing to Step 3 by the ASSOCIATION within ten (10) calendar days shall be considered c�aived. Step 3. If appealed, the written grievance shall be presented by the Association and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the ASSOCIATION the Emploqerts answer in G�riting 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 E�ployer-designated representative's final ans�aer in Step 3. Any grievance not appealed in �,rriting to Step 4 by the ASSOCIATION within ten (10) calendar days sha11 be considered waived. Step 4> A grievance unresolved in Step 3 and appealed to Step 4 by the ASSACTATION shall be submitted to arbitration subject to the � pravisions of the Public Employment Labor ReZations Act of 1971, as amended. If a mutually acceptable arbitrator cannot be agreed upon, the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration o£ Grievances" as established by the Public Employment Relations Board. Step 5. The arbitrator shall have no right to amend, �o3ify, nullif�=, ignore the terms and conditions of this AGREFriENT. The arbitrator shall consider and decide only the specific issue(s) submitited in writing by the EMPLOYER and the ASSOCIATION, and - 13 - , , . . �/= �S��i� ARTICLE IX - GRIEVANCE PROCEDURE (continued) shall have no authority to make a decision on any other issue not so submitted. The arbitrator sha11 be without power to make decisions contrary to, or inconsistent with, or raodifying or varying in any way the application of laws, rules, or regulations having the force and effect of la��T. The . arbitrator's decision sha11 be submitted in writing, copies to both parties and the Bureau of Mediation Service within thirty (30) days following the close of the hearing or the subnission 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 sha11 be based solely on the arbitrator's interpretation'or application of the express terA.s of this AGREEMENT and to the facts of the grievance presented. 9.5 The fees and expenses for the arbitrator�s services and proceedings shall be borne equally by the EMPI.OYER and the ASSOCIATION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pa5�s for the record. If both parties desire a verbatim record of the proceedings the cost sha11 be shared equally. - � - �TICLE IX - GRIEVANCE PROCEDURE (continued) 9.6 If a grievance is not presented within the time limits set forth above, it shall be considered '�oaived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension � thereof, it sha11 be considered settled on the basis of the E.`iPLOYER`S last answer. If the EDIPLOYER does not ans�aer a grievance or an appeal thereof within the specified time li.mits, the ASSOCIATIOV ma5r Pl.ect to . treat the grievance to the next step. The time Iimit in each step �ay be extended by mutual written agreement of the II�iPLOYER and the ASSOCIATI0�1 in each step. 9.7 It is understood by the ASSOCIATION and the II�4PLOYER that a grievance �ay be deter�ined by either the grievance procedure of this contraet or by the provisions of the Ci.vil Service Rules of the City of Saint Paul. If &n issue is detern.ined by this grievance procedure it shall not again be submitted for arbitration under the Civil Service Ru1es. If an issue is deterr�ined by the provision of the Civil Service Rules it sha1l. not again be subnitted �c�r arbitrarion under this gXievance procedure. - 15 - . � . G/ l �'�1-�� ARTICLE X - Z�AGES 10.1 Effective January 7, 1984, all salary rates applicable to titles in this bargaining unit shall be increased $72.80 bi-�oeetil;-. 10.2 Effective Januaxy 5, 1985, all salary rates applicable to titles in � � this bargaining unit shall be increased $70.40. bi-taee:�cly. � _ 10.3 The wage schedule is attached for purposes of referer_ce only ar.d �is not a . part of this contract. 1Q.4 Notwithstanding 10.1 and 10.2, salary rates shall be reduced in the amaunts necessary to equalize payment to individual eWployees and City employees who receive different pension benefits. - 16 - . � . , . ARTICLE XI - SAVING CLAUSE 11.1 This AGREgiENT is subject to the laws of the United States, the State of riinnesota. In the event any provisions of this AGREEME:�T shall be held to be contrary to law by a court of competent jurisdiction from whose � - final judgraent or decree no appeal has been taken within the time , _ provided, such provis3.ons sha11 be voided. All other provisions shall -' continue in full force and effect. The voided provzsion may be renegotiated at the c,rritten request of either party. A11 other provisions of this AGREEMFPdT shall continue in full force and. effect. -- 1.7 - - � ��/-��.� ARTICLE XII - INSURANCE 12.1 The Et�iPLOYER wi11 continue for the period of this AGREEr:E\T to provide for employees such health and life insurance benefits as are provided by F,�iPLOYER at the time of execution of this AGREEPiENT. � 12.2 The EMPLOYER will for the period of this AGREEMLtdT provide for employees who retire af ter the time of execution of this AGREEiMENT and until such employees reach sixty-five (65) years of age such health insurance benefits � as are provided by the E.MPLOYER for such employees and such li£e insurance benef its as provided in this article. 12.3 In order to be eligible for the benefits under the early retiree provision, the employee must: 12.31 Be receiving ber_efits from a public employee retirement act at the time of retirement. 12.32 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 12.33 Inform the Personnel Office of the City of Saint Paul in writing �aithin 60 days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 12.4 Effective January 1 , 1984, for each eligible employee covered by this AGREEMENT who selects Blue Cross-Blue Shield insurance coverage, the EMPLOYER agrees to contribute the cost of such coverage or $60.85 per month, whichever is less. In addition, for each employee who selects B1ue Cross- Blue Shield dependentTS coverage, the Er1PL0Y�R will contribute the cost of such depenc'�Fant's coverage or $96.28 per month, whichever is less. I2.5 Effective January 1, 1984, for each eligible employee covered by this AGREEMENT who selects Group Health insurance coverage, the E�iiPLOYER agrees - I8 - ARTICLE XII - Ir1SURt1NCE to contribute the cost of such covera�e or $60.85 per month, whichevex is less. In addition, for each employee who selects Group Health dependent's coverage, the EMPLOYER will contribute the cast of such dependent's coverage or $96.28 per month, whichever is less. 12.6 Effective January 1, 1984, for each eligible employee covered b5� this AGREEMENT who selects Coordin.ated Care Health insurance coverage, the , EriPLOYER agrees ta contribute the cost of such coverage or $60.8� per month, whichever is less. In addition, for each employee who selects Coordinated Care dependent's coverage, the EMPLOYER will contribute the cost of such dependent's covexage or $96.28 per month, �ahichever is 1ess. 12.7 Effective January 1, 1984, for each eligible employ�e covered by this AGREEPiENT who selects �f0 Minnesota insurance coverage, the EMPLOYER agrees to contribute the cost of such coverage or $60.85 per nonth, whichever is less. In addition, for each employee W�10 selects the I�10 Minnesota dependent's coverage, the EMPLOYER will contribute the cost of such depen- dent's coverage or $96.28 per month, whichever is 1ess. 12.8 Effe�tive January 1, 1984,. for each eligible employee covered by this AGREEr1ENT who selects the SHARE insurance coverage, the II�iPLOYER agrees to contribute the cost of such coverage or $60.85 per month, �•:hichever is less. In addition, for each employee taho selects the SHARE dependent's coverage, the ErIPLOYER will contribute the cost of such dependent's coverage or $�6.28 per r.ionth, whichever is less, 12.9 Effective January 1, 1984, for each eligible employee covered by this AGREEMENT who selects the Physicians fIealth Plan insurance coverage, the Ei�IFi,OYER agrees to contribute the cost of such covera�e or $60.85 per • - 19 - - . • . � � �� d'�/ Zi� f�.RTZCLE XII - T:�SURANCE (continued) month, cohich ever is less. In addition, for each employee who selects the Physicians Health P1an dependent's coverage, the Ei�IPLOYER will contribute the cost of such dependent's coverage or $96.28 per month, whichever is less. 12.10 Effective January l, 1984, for each eligible eaployee covered by this AGREEME:IT �aho selects the Med Center 3nsurance coverage, the EMPLOYEP. agrees to contribute the cost of such coverage or $56.05 per month, whichever is less. In addition, for each employee who selects the Med Center dependentTS coverage, the EMPLOYER wi11 contribute tre cost of such dependent's coverage or $96.28 per month, whichever is less. 12.11 The City agrees to contribute the cost for $5,000 of Life Insurance coverage for each employee who is eligible for such coverage or $2.07 per month, whichever amount is less. Any increase in this Life Insurance preraiLm sha11 be paid by the employee. 12.12 �ffective OcCober 1, 1984, the Employer's contribution tocoard EmploSee coverage in Articles 12.4 thru 12.10 will be adjusted in dollars to reflect the October 1, 1984, increase in the premium rates for the Group Health Plan employee coverage. 12.13 Effective October 1, 1984, the Employer's contribution to�aard dependent coverage in Articles 12.4 thru 12.1d will be adjusted in dollars to rezlect an increase of seventy-five percent (75%) of the October 1, 1984, increase zn the premium rates for the Group Health Plan dependent's cover�ge, 12.14 Effective October 1, 1985, the Employer's contribution totaard Emplo}°ee ' coverage in Art�.cles 12.4 thru 12.10 will be adjusted :in dollars to reflect the October 1, 1985, increase in the premium rates for the Group Health Plan enployee coverage. - 20 - A�TICLE XII - INSURA1vCF. (continued) 12.15 Effective October l, 1985, the Employer's contribution to:tiard depender.t coverage in Articles I2.4 thru 12.10 �ai11 be adjusted in dollars to re�lect an increase of seventy-five percent (75%) of the October 1, 1985, increase in the prenium rates for the Group Health P1an dependent's coverage. 12.16 Effective Decemb er 31, 1985, the Employer's contribution tocoard Employee coverage and the F�nployer's contribution to�aard dependent coverage in Articles 12.4 thru 12.10 shall be adjusted in dollars back to the resp�ctive aTaounts which were in effect on September 30, 1985. - 21 - ' _ ' . : . - �� ARTICLE XIII - VACATION 13.1 In each calendar year, each fu11-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 Employees Evho work less than full-tims shall be granted vacation on a pro rata basis. 13.2 The head of the departs�ent may permit an employee to carry over into the follo��ing year up to ten days' vacation. 13.3 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 13.4 Tf an empZoyee has an accur�ulatior_ 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. No employee may convert more than ten (10) days of sick leave in each calendar year under this provision. - 22 - AP.TICLE XIV - HOLIDAYS 14.1 Holiclays recognized and observed. The following days shall be recognized and �observed as paid holidays. NeF� Year's Day Columbus Day Presidents' Day Veterans' Day Memorial Day Than�.sgiving Day Independence Day Christmas Day Labor Day Zt�o f.loating holidays Eligible employees shall receive pay for each of the holidays listed � above, on which they perform no ��ork. ZJhenever any of the holidays listed above shall fa11 on Saturday, the preceding Friday shall be observed as the l�.oliday. 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 . tirae during the contraet year, subject to the approval of the Department Head of any emploqee. 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 caorking days of the nine working days preceding the holiday; or an employee's � rtame 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 r.either case shall the holiday be counted as a wor�:ing day fox the purposes of this section. It 3s further understood that neither - temporar;�, emergency nor other employees not heretofore eligible shall . receive holiday pay. + - 23 - . . � � .. - Lr f� ��-�l(o ARTICLE XV - LEAVES OF ABSENCE 15.1 Any employee who has accumulated sick leave credits 2s provided above shall be granted leave �aith pay, for such period of time as the head of the department deems necessary, on account of sickness or injury of the employee, quarantine established and declared by the Bureau of HealtP, death of the employee's mother, father, spouse, child, brother, sis�ter, mother-in-law, father-in-law, or other person who is a menber of the household; and may be granted leave with pay for such tine as i.s actually necessary for office visits to a doctor, dentist, optor�etrist, etc. , or in the case of sudden sickness or disability of a member of his household, making arrangements for the care of such sick or disabled persons up to a maximum of eight hours sick leave. 15.2 Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, shall be granted one day of such Ieave to attend the funeral of the employee's grandparent or grandchild. _ 2!� _ ARTICLE XVI — DURATION AND EFF�CTIVE DATE 16.1 Complete A reement [3ith Wai.ver of Bargaining. This AGRE�iE�`+T shall represent the complete AGREEMENT between the ASSOCI�TIO�I and the F.�IPLOYER. T'he parties acknocaledge that during the negotiations which` resulted in this AGREEI`fENT, each had the unlimited right and opportunity to make requests and proposals ��ith respect to any subject or matter not �emoved by lacv from the area of collective bargaining, and that �he complete understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this AGREk�1ENT. Therefore, the II�IPLOYER and the ASSOCIATIO�, for the life of this AGREEMENT, each voluntarily and unquali£iedly waives the right, and each agrees that the other shall not be obligated to bargain collectively �aith respect to any subje�ct or matter referred to or covered in this AGREII�IENT. 16,2 Except as herein provided this AGREEMENT shall be effective as of the date it is executed by the parties and shall continue in fu11 force and effec.t thxu December 31, 1985, and thereafter until �odif�ed or amended by mutual agreement of the parties. Either party desiring to amend or modify this AGREEI�IENT shal]. notify the. other in writing so as to cou ply with the provisions of the Public Employment Labor Relations Act of 1971. _ 25 _ ^ � APPENDTX A - �� y.-�,� �� La�� Clerk Effective A B C D E F 10-yr. 15-yr. 20-yr . 25-yr. 1-7-84 662.65 688.28 716.79 747.42 778.05 809.39 829.34 850.71 860.21 869.71 1-5-85 733.05 758.68 787.19 817.82 8�F8.45 879.79 899.74 921.11 930.61 9�t0.11 Legal Assistant I 1-7-84 851.42 889.13 92£i.36 968.24 1011.71 1056.60 1032.95 1110.01 1119.51 1129.01 1-5-85 921.82 959.58 998.76 1033.64 1082.11 1127.00 1153.35 11II0.41 1189 .91 1199.41 Legal Assistant II 1-7-84 946.15 984.64 1029.52 1073.69 1122.13 1170.56 1203.33 123��.67 1244.17 1253.67 1-5-85 1016.55 1055.04 1099.92 1144.09 1192.53 1240.96 1273.73 1305.07 1314.57 1324.07 � PROFESSIOI�L/ADMINISTR�TIVE TITLES Attorney I Effective A B C D E F G 14-yr. 15-yr. 1--7-84 044.74 980.37 10I6.70 1064.42 1113.57 1165.57 1219.72 125t.77 1288.10 1-5-35 �.GI.5.14 1050.77 1087.10 1134.32 1183.97 1235.97 1290.12 13?_2 .17 1358.50 Attorney II 7.-�;--�4 1Q25.96 l0uG.42 1104.32 1155.60 1209.74 1266.73 1327.28 136%+.33 140I.3'l 1-_>-8`i 1096.36 1134.82 1174.72 1226.00 1280.1.4 1337.13 1397.68 1��34.73 1471.77 Attorney III �.-7-g� 1178.41 1222.57 1268.16 1328.72 1390.70 1456.94 1526.75 1568.0% 1612.95 1--5-85 124u.81 1292.97 1338.56 1399.�2 1461.10 1527.34 1597.15 1638.47 1683.35 Atzorney IV 1-7-g4 1245.37 1293.09 13G�.8� 1444.22 1471.18 1541.70 1613.66 1660.68 170b.98 1-5-85 13IS.i7 1363.49 Z411.23 1474.62 1541.58 1612.10 1684.06 1731.08 1777.3$ Attorney V 1-7-8� 1501.81 1558.80 1617.93 1694.88 1776.08 1860.86 1949.9Q 2006.90 2063.17 1-5-35 1572.21 1629.20 1688.33 1765,28 1846.48 1931.26 2020.30 2077.30 2133.57 Attornep VI 1-7-84 ].633.61 1695.58 1761.I2 1845.1.8 1934.23 2026.�4 2124.43 2186.40 2247.68 1-5-c5 17Q!�.OJ. �765.98 1831.52 1915.58 2004.63 2097.24 2194.83 2256.80 2318.08 ATTORNEY VII w 1-7-��r 1729.06 I794.60 1862.98 1953.46 20t�7 ,49 2146.51 225�.51 2314.63 2379.46 �-5-85 1799.45 1s�5.00 1933.38 2023.86 2117.89 221b.91 2320.91 2385.03 2449.36 - A1 - � _ ,; - � � • • ARTICLE XVI - DURATION AND EFFECTIVE DATE (continued) 16.3 2'his constitutes a tentative agreement between the parties which will be recomnended by the City Negotiator, but is subject to the approval of the Adm3nistration of the City, the City Council and is also subject to the ratification by the ASSOCIATION. ZtiTI�'ESSES CZ�' OF SAINT PAUL CITY ATTORNEYS PROFESS�dNAL ASSOCI�iTI0P1 � � ? ' ciG`-------•-- �� ;�` ` _-----=-, La or Rela ions Direct President /''�.=- - .:1� Civil Serv�.ce Commission DATED: January 24, 1984 - 26 -