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84-894 WHITE - CITV CLERK PINK - FINANCE G I TY O F SA I NT PA U L Council yy/-J/ CANARV - DEPARTMENT File NO. v / �� BIUE - MAVOR � Council �Zesolution Presented B � Referred To �1 N��L� Committee: Date � �� `�� Out of Committee By Date RESOLVED, that the Council of the City of St. Paul hereby approves and ratifies the attached 1984-1985 Memorandum of Agreement between the City of St. Paul and the Tri-Council Bargaining Unit representing Laborers, Local 132, Truck Drivers Local 120, and Operating Engineers Local 49. Approved: Chairman, C il Service Commissio COU[�1CILMEN Requested by Department of: Yeas �� Nays � Drew PERSONNEL OFFICE Masanz � [n Favor �---., NiCOSia Scheibel __ Against BY �edesCV• , Wilson Adopted by Council: Date JUL - 5 1984 Form Ap oved y C' A Crne � Certified Pa-s d ouncil et BY By t�pp by iNavor. D e J�.. � 9 �9�? A r ed by Mayor for Su is ion to Council B B PUBLISNED JUL 141984 r � -� � z:��~ ' ii� ��:�� . . �1 . ,t.:`.. � � 1 O]"1`I�ICT� O�"l��IC CI�L`X COUI�Ox�, ;:- �� -r - �, � 1r •:::,.•.� •'� . �,.:�.�sv•n.�r •� . . �' ,:��:1�•" '� . �� _o - �,�� D a t e ; June 2 8, 1984 .�> . . . ��A. ""'" Yay„f /ns`/�- /j ///��[/�(r�,� ;,��•y, -� • /� ��1 7/ a{.'�.:--~ �_ �, . � . � co �IM [T'� � E R � PoRT . - TO = Saln� Pat� i Ci�� Cour� ci t - � . �E� O I�� = C O Mi 1 C�1?I�� Q n FIN.ANCE, MANAGENIENT F, PERSO�\TEL ' � _� . • � � C H A I R James Scheibel. � ' ' _ . _ . . _ . _ . � �S,�a( . . _.._ . _� 1. Approval -ci�-�minutes from meetings held June 6, 7 and 14; 1954. � 2. Resolution amending the CIB budget and transferring $770,296.66 fro:n I981, 1982, 1983 and 1984 CIB activities as listed to Rick Park project. Funding wi12 be - • made available to reconstruct the streets surrounding Rice Park in 198Y as �aell � as constructing storm sewers and installing lighting. (Public l�'orks , - . 3. Resolution amending the Civil Service Rules and striking the title of 7`ruck Driver � from Section. 3.G, Ungraded and substituting the title of Drit-er - Opera�or and � ' - striking from Section 32 specifications for the title of Truc'.�c Driver 2nd substi- tuting the specification for the title of Driver - Operator. (Personne� ��,i 4. Resolution amending Secfiion 32 of the Civil Service Rules by substituting ne�t � , �? specifications for the title Community �ducafion/Recreation Coor�inator. (P rsonnei� 5. Resolution approving 1984-1985 Memorandum of Agreement beti�een the City and the TSri-Council Bargaining Unit xepresenting Laborers, Local 132, 1�uck Driti•ers Local � • 120, and Operating Engineers Local 49. (Personnel) . � � �. .. � 6. Resolution amending Section 33 (Employee Referra2 Proceduxe) . (Personnel) � '��. 7. Resolution amending the Civil Service Rules and inserting the title Co�uter ppera- tions Supervisor in Section 3.B, Grade 28 and striking it in Grade 30. �� ) 8. Resolution amending the Salary Plan and �tates of Compensation Resolu�ion by estab- C lishing the salary range for Grade 16E in the Clerical Bargaining Uni . onnel) `,�i , ° ��- � - 9. Continued dis cussion regarding set-aside pxograms. - . � C1TY HALL SEV�NTli FLOOR SA2\T P�UI..�II\i`L•SOTA 55202 "E�'�,.,.,''�t . - , • _ _�Y•_ _ . . - _ _ � .. . ' .., •_ • ..._ ._.._.. .... _ . _ . . -- - _ •-, -- _-'-_.�->-,_,.:��..,.�-�-�.�,. . " .___ ......_.....�. .__�Y� . , - _ . WFIITE - CITV CLERK PINK - FINANCE C I TY OF SA I NT PAU L Council ///��,/ ///```��n CANARY - DEPARTMENT �/(J-j�L/ BLUE - MAYOR Q / Q � , File N . CITY CLERK Council Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Council of the City of St. Paul hereby approves and ratifies the attached 1984-1985 Memorandum of Agreement between the City of St. Paul and the Tri-Council Bargaining Unit representing Laborers, Local 132, Truck Drivers Local 120, and Operating Engineers Local 49. Approved: Chairman, Civil Service Commission COUNCILMEN Requested by Department of: Yeas Nays Fldchsr PERSONNEL OFFICE °fe1N In Favor Mapnz Nioosla scheibsi Against BY Ted�sco Wllson Adopted by Council: Date Form Approved by City Attorney Certified Yassed by Council Secretary BY gy, Approved by Navor: Date Approved by Mayor for Submission to Council By BY u7 -- ��9y 1984 - 1985 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SAINT PAUL AND THE TRI-COUNCIL LOCAL 120 - LOCAL 49 - AND LOCAL 132 , � d7 �0 �Y I N D E X ARTICLE TITLE PAGE Principles 1 I Recognition 2 II Maintenance of Standards 4 III Union Rights 5 IV Payroll Deductions 6 V Management Rights 7 VI Safety $ VII Discipline 9 VIII Hours - Premium Pay 10 IX Insurance 12 X Employee Rights-Grievance Procedure 14 XI Seniority 18 XII Vacations 2p XIII Holidays 21 XIV Jury Duty 23 XV Severance Pay 24 XVI Wages 26 XVII Savings Clause 27 XVIII Jurisdiction 28 XIX Sick Leave 29 XX Maternity Leave 30 XXI Legal Services 31 XXII Strikes, Lockouts, Work Interference 32 XXIII Terms of Agreement 33 Appendix A A1 Appendix B B1 Appendix C C1 - ii - � �'y'�'9� PRINCIPLES This AGREEMENT is entered into to facilitate the adjustment of grievances and disputes between the F�IPLOYER and EMPLOYEES to provide, insofar as possible, for the continuous employment of labor and to establish necessary procedures for the amicable adjustment of all disputes which may arise between the IIKPLOYER and the UNION. The IIrIPLOYER and the UNION encourage the highest possible degree of practical, friendly, cooperative relationships between their respective representatives at all levels. The officials of the F1�iPL0YER and the UNION realize that this goal depends primarily on cooperative attitudes between people in their respective organizations and at all levels of responsibility, and that proper attitudes must be based on full understanding of and regard for the respective rights and responsibilities of both the EMPLOYER and the II�IPLOYEES. There shall be no discrimination against any EMPLOYEE by reason of race, color, creed, sex, of UNION membership. The EMPLOYER and the UNION affirm their �oint opposition to any discriminatory practices in connection with employment, promotion, or training, remembering that the public interest remains in full utilization of Employees skill and ability without regard to consideration of race, color, creed, national origin, age or sex. - 1 - ARTICLE I - RECOGNITION 1.1 The EMPLOYER recognizes the UNION as the sole and exclusive collective bargaining agency for all Employees that have been certified by the State of Minnesota, Case No. 73-PR-427-A, as follows: All employees of the City of Saint Paul in the classifications of Air Compressor Operator, Asphalt Batcherman, Asphalt Plant Engineer, Asphalt Raker, Asphalt Shoveler, Backfiller Operator, Bituminous Curb Machine Operator, Bituminous Spreader Operator, Bridge Crew Leader, Bridge Laborer, Building Laborer, Ditch Digger, Forestry Crew Leader, Garden Laborer, Gardener, Groundsworker, Heavy Equipment Operator, Heavy Equipment Operator--Asphalt Plant, Hoisting Engineer, Jackhammer Operator, Jet Sewer Cleaner Operator, Kettle Fireman, Labor Crew Leader, Miner, Miner--Water Department, Mixer Engineer, Mortar Mixer, Motor Equipment Operator, Motor Equipment Operator--Water Department, Motor Patrol Operator, Paving Breaker (Hydra Hammer Operator) , Plasterer's Tender, Playground Custodian, Power Clam Operator, Power Shovel Operator, Public Works Laborer, Pulvimixer Operator, Pumperete Operator, Road Machinery Operator, Roller Engineer (Under 6 tons) , Roller Engineer (6 tons or over), Sanitation Laborer, School Ground Ma.intenance Foreman, Sewer Crew Leader, Sewer Laborer, Sewer Maintenance Laborer, Sno-Go Operator, Sweeper Operator, Tamper, Tractor Operator I, Tractor Operator II, Tractor Operator II (Backhoe), Tree Trimmer I, Tree Trimmer II, Truck Driver, T�nnel Laborer, Unskilled Laborer, Vibrator Operator, Water Laborer, Water Serviceman I, Water Serviceman II (Connections) , Water Serviceman II (Mains) , Water Service Worker-Control Desk, and Water-Shed Laborer who work more than 14 hours per week and more than 100 work days per year, excluding Supervisory, Confidential, temporary, emergency, and employees exclusively represented by other labor or employee organizations. The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classifications set forth in this agreement shall be recognized as a part of this bargaining unit, and the parties shall take all steps required under the Public �ployment Relations Act to accomplish said ob3ective. - 2 - , � �'y�'9`� ARTICLE I - RECOGNITION 1.2 The F:NIPLOYER agrees not to enter into any contractually binding agreements with any employee or representative not authorized to act on behalf of the UNION. There shall be no individual agreements with any employees that conflict with the terms of this AGREEMENT, and any such agreement or contract shall be null and void. - 3 - ARTICLE II - MAINTENANCE OF STANDARDS 2.1 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations and all other general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul and the Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this Agreement. - 4 - f�,�- �y-�9� ARTICLE III - UNION RIGHTS 3.1 The UNION may designa.te employees from within the bargaining unit to act as Stewards and shall inform the EMPLOYER in writing of such designations. Such employees shall have the rights and responsibilities as designated in Article 10 (GRIEVANCE PROCEDURE) . There shall be no more than one Steward from each local involved in any one specific grievance. 3.2 There shall be no deduction of pay from Stewards when directly involved in meetings with management during working hours for grievance procedures. 3.3 Designated Union Representatives shall be permitted to visit employees on �ob sites and at department buildings during working time. 3.4 If the Unions enter into any Agreements with any individual Employer or group of Employers for more favorable wages, hours or conditions than herein specified, the Unions shall immediately furnish a copy of any such Agreement to the City and the Union may effective upon ten (10) days' notice to the City apply all or part of such Agreement as the new Agreement between it and the City. - 5 - ARTICLE IV - PAYROLL DIDUCTION 4.1 The IIrIPLOYER shall, upon request of any employee in the unit, deduct such sutn as the UNION may specify for the purpose of initiation fees and dues to the UNION, providing the UNION uses its best efforts to assess such deductions in as nearly uniform and standard amounts as is possible. The EMPLOYER shall remit monthly such deduction to the appropriate designated UNION. 4.2 In accordance with M.S.A. 179.65, Subd. 2, the EMPLOYER agrees that upon notification by the UNION, the EMPLOYER shall deduct a fair share fee from all certified employees who are not members of the exclusive representative. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. 4.3 The UNION will indemnify, defend and hold the EMPLOYER harmless against any claims made and against any suits instituted against the F,MPLOYER, its officers or employees, by reason of negligence of the UNION in requesting or receiving deductions under this Article. The EMPLOYER will indemnify, defend and hold the UNION harmless against any claims made and against any suits instituted against the UNION, its officers or employees by reason of negligence on the part of the F.MPLOYER in making or forwarding deductions under this Article. - 6 - . � Py�'9 f ARTICLE V - MANAGEMENT RIGHTS 5.1 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. 5.2 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 of 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. 5.3 If the Unions enter into any Agreements with any individual Employer or group of Employers for less favorable wages, hours or conditions than herein specified, the Unions shall immediately furnish a copy of any such Agreement to the City or if the City comes upon such an Agreement, the City may effective upon ten (10) days` notice to the Unions app�ly all or part of such Agreement as the new Agreement between it and the Unions. - 7 - ARTICLE VI - SAFETY 6.1 Accident and in�ury free operations shall be the goal of all EMPLOYERS and II�2PLOYEES. To this end the F�MPLOYER and EMPLOYEE will, to the best of their ability abide by, and live up to the requirements of the several State and Federal Construction Safety Codes and Regulations. 6.2 To this end the EMPLOYER shall from time to time issue rules or notices to his EMPLOYEES regarding on the �ob safety requirements. Any EMPLOYEE violating such rules or notices shall be subject to disciplinary action. No EMPLOYEE may be discharged for refusing to work under unsafe conditions. 6.3 Such safety equipment as required by governmental regulation, shall be provided without cost to the EMPLOYEE. At the EMPLOYER'S option, the EMPLOYEES may be required to sign for safety equipment and shall be obligated to return same upon discharge, layoff, quit or other termination in comparable condition as when issued, providing reasonable wear and tear. The EMPLOYER shall have the right to withhold the cost of such safety equipment if not returned. 6.4 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 for the cost of two pair of shoes per year and shall not be responsible for any additional cost for any additional shoes thereafter. This reimbursement of $10.00 per pair of shoes shall be made only after investigation and approval by the immediate supervisor of that employee. This $10.00 per pair of shoes contribution to be made by the II�IPLOYER shall apply to those employees who must wear protective shoes or boots for their employment. - 8 - . � g��9�f ARTICLE VII - DISCIPLINE PROCEDURES 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 Suspensions, reductions and discharges will be in written form. 7.3 A notice in writing of suspensions, reductions and discharges shall be sent to the EMPLOYEE and the UNION within seventy-two (72) hours after such action is taken. 7.4 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the EMPLOYEE and/or UNION 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. 7.5 Grievance 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 procedure under Article X. 7.6 EMPLOYEES who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than one half hour before the beginning of such work day. 7.7 Failure to make such notification may be grounds for discipline. - 9 - ARTICLE VIII - HOURS, PREMIUM 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 Except in cases of emergencies, the EMPLOYER shall notify the affected Union of an intention to change a shift at least 24 hours prior to the beginning of the new shift. 8.3 EMPLOYEES shall report to work location as assigned by a designated EMPLOYER supervisor. During the normal work day EMPLOYEES may be assigned to other work locations at the discretion of the EMPLOYER. 8.4 Call-in-Pay-- When an EMPLOYEE is called to work he shall receive two hours' pay if not put to work. If he is called to work and commences work, he shall be guaranteed four straight time hours' pay. These provisions, however, shall not be effective when work is unable to proceed because of adverse weather conditions. 8.5 Overtime. Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by order of the head of the department. An EMPLOYEE shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the EMPLOYER. The overtime rate of one and one-half shall be computed on the basis of 1/80th of the bi-weekly rate. - 10 - . �—d`l�d ,`f ARTICLE VIII - HOURS, PREMIUM PAY (continued) 8.6 A premitinn pay of fifty-cents (SOC) per hour shall be paid for all swing stage work, such as work performed from a boatswain's chair or a swing scaffold or hazardous work that requires the use of a safety belt fifty (50) feet or more above the ground. All standard safety laws shall be complied with. 8.7 The work break shall not exceed fifteen (15) minutes from the time the employee stops working until he resumes work, and shall be taken in close proximity of the employee's work station. - 11 - ARTICLE IX - INSURANCE 9.1 The EMPLOYER will continue for the period of this Agreement to provide for EMPLOYEES such health and life insurance benefits as are provided by EMPLOYER at the time of execution of this Agreement. 9.2 The EMPLOYER will for the period of this Agreement provide for EMPLOYEES who retire after the titne of execution of this Agreement and until such EMPLOYEES reach sixty-five (65) years of age such health insurance benefits and life insurance benefits as are provided by the EMPLOYER for such EMPLOYEES. 9.3 In order to be eligible for the benefits under this early retiree provision, the employee must: 9.31 Be receiving benefits from a public employee retirement act at the time of retirement. 9.32 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 9.33 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. 9.4 Effective June 1, 1984, the EMPLOYER agrees to contribute the cost of Hospitalization and Medical Coverage or $60.85 per month, whichever amount is less, for each employee who is eligible for such coverage. In addition, for each eligible employee who selects Dependent's Coverage, the F.MPLOYER will contribute one-half ('�) of the cost of such Dependent's Coverage or $50.58 per month, whichever amount is less. These contributions shall be paid to the EMPLOYER`S Group Health and Welfare Plan. Any increases in these costs shall be paid by the EMPLOYEE. - 12 - . ��`��9`� ARTICLE IX - INSURANCE (continued) 9.5 Effective October 1, 1984 the amount of the EMPLOYER's contribution toward employee coverage in Article 9.4 shall be ad�usted to reflect the cost of the October 1, 1984, premium for Group Health employee coverage. Effective October 1, 1985 the amount of the F.MPLOYER's contribution toward employee coverage in Article 9.4 shall be adjusted to reflect the cost of the October 1, 1985 premium for Group Health employee coverage. 9.6 Effective October 1, 1984, the amount of the EMPLOYER's contribution toward dependent coverage in Article 9.4 shall be ad�usted to reflect one-half ('�) of the cost of the October 1, 1984 premium for Group Health dependent coverage. Effective October 1, 1985 the amount of the EMPLOYER's contribution toward dependent coverage in Article 9.4 shall be ad�usted to reflect one-half (�) of the cost of the October 1, 1985 premium for Group Health coverage. 9.7 The EMPLOYER 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. This contribution shall be paid to the City's Group Health and Welfare Plan. Any increase in this cost shall be paid by the EMPLOYEE. 9.8 Any employee having ten or more years of service with the IIKPLOYER who becomes ill or in�ured so as to be unable to continue working and has exhausted all his sick leave and vacation shall be eligible for City paid health and welfare benefits for a maximum of three years. 9.9 Notwithstanding the benefits granted in this article, the cost to the II�IPLOYER for the insurance coverages in 9.4 and 9.7 above shall be included in the computation of fringe benefit cost deductions indicated in Appendix A. - 13 - ARTICLE X - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 10.1 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. 10.2 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 accamplished 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 II�IPLOYEE 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. 10.3 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. 10.4 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 supervisor. If the matter is not resolved to the EMPLOYEE'S satisfaction by the - 14 - . ��/ �9y ARTICLE X - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) informal discussion it may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set f orth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or with the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. SteP 2. Within seven (7) calendar days after receiving the written grievance a designated 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. Step 3. Within seven (7) calendar days following receipt of a grievance referred fram Step 2 a designated EMPLOYER Supervisor shall meet with the UNION Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the EMPLOYER - 15 - ARTICLE X - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) shall reply in writing to the UNION stating the El�'LOYER'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 II�PLOYER in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) day period, either party may request the Public Employment Relation Board to submit a panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION shall strike the first (lst) name; the EMPLOYER shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 10.5 The 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 - 16 - . ��y�9�/ ARTICLE X - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) without power to make decisions contrary to or inconsistent with or modifying or varying in any way the applications of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UNION, and the EMPLOYEES. 10.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the F�iPLOYER and the UNION, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 10.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. 10.8 It is understood by the UNION and the EMPLOYER that a grievance may be determined by either the grievance procedure of this contract or by the provisions of the Civil Service Rules of the City of Saint Paul. If an issue is determined by this grievance procedure it shall not again be submitted for arbitration under the Civil Service Rules. If an issue is determined by the provisions of the Civil Service Rules it shall not again be submitted for arbitration under this grievance procedure. - 17 - ARTICLE XI - SENIORITY 11.1 Seniority, for the purpose of this Agreement, shall be defined as follows: A. "City Seniority" - The length of continuous, regular and � probationary service with the EMPLOYER from the last date of employment in any and all class titles. B. "Class Seniority" - The length of continuous, regular and probationary service with the EMPLOYER from the date an employee was first certified and appointed to a class title covered by this Agreement, it being further understood that class seniority is conf ined to the current class assignment held by an employee. 11.2 Seniority shall terminate when an EMPLOYEE retires, resigns, or is discharged. 11.3 A. In the event it is determined by the EMPLOYER that it is necessary to reduce the work force, employees will be laid off by class title within each division based on inverse length of "Class Seniority". Recall from layoff shall be inverse order of layoff, except that recall rights shall expire after two years of layoff. B. In cases where there are promotional series, such as Unskilled Laborer, Crew Leader, etc. , when the number of employees in these higher titles is to be reduced, employees who have held lower titles which are in this bargaining unit will be offered reductions to the highest of these titles to which class seniority would keep them from being laid off, before layoffs are made by any class title in any department. - 18 - . �� ARTICLE XI - SENIORITY (continued) C. It is further understood that a laid off employee shall have the right to placement in any lower-paid class title in this bargaining unit, provided said employee has been previously certified and appointed in said lower-paid class title. In such cases, the employee shall first be placed on a reinstatement register and shall have "Class Seniority" based on the date originally certified and appointed to said class. Employees may also apply for positions in a lower class but may, nevertheless, return to original class as provided in paragraph (A) above. D. The provisions of Appendix C shall apply to the classification of Truck Driver. 11.4 To the extent possible, vacation periods shall be assigned on the basis of "Class Seniority", within each class, by division. It is, however, understood that vacation assignments shall be subject to the ability of the EMPLOYER to maintain operations. 11.5 Promotions shall be handled in accordance with current Civil Service Rules and practices. However, the Water Utility may promote and assign a member of a rotating emergency or night crew holding the secondary title of Water Service Worker-Control Desk to a temporary Water Service Worker-Control Desk vacancy on his assigned crew without reference to his seniority in that title. Regular permanent promotions will continue to be made in order of seniority in title. - 19 - ARTICLE XII - VACATIONS 12.1 In each calendar year, each full-time EMPLOYEE shall be granted vacation according to the following schedule: Years of Service Vacation Granted Less than 5 years 10 days After 5 years thru 15 years 15 days After 15 years thru 25 years 21 days After 25 years 22 days EMPLOYEES who work less than full-time shall be granted vacation on a pro rata basis. For EMPLOYEES appointed prior to January 1, 1967, years of service will be defined to mean the nutnber of years since the date of appointment. For EMPLOYEES appointed on or after January 1, 1967, years of service shall be determined by the actual number of hours worked. 12.2 The head of the Department may permit an EMPLOYEE to carry over into the following year up to ten days' vacation. 12.3 The above provisions of vacation shall be sub�ect to the Saint Paul Salary Plan and Rates of Compensation, Section I, Sub. H. 12.4 If an EMPLOYEE has an accumulation of sick leave credits in excess of one hundred and eighty days, he may convert any part of such excess of vacation at the rate of one-half day's vacation for each day of sick leave credit. 12.5 The maximum number of days' vacation allowed by the conversion of sick leave 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 thirty-seven days including the regular vacation period. - 20 - (.��`t��Y � ARTICLE XIII - HOLIDAYS 13.1 The following twelve (12) days shall be designated as holidays: New Year's Day, January 1 Ma.rtin Luther King Day, Third Monday in January (effective 1986) Presidents' Day, Third Monday in February Memorial Day, last Monday in Ma.y Independence Day, July 4 Labor Day, first Monday in September Columbus Day, second Monday in October Veteran's Day, November 11 Thanksgiving Day, fourth Thursday in November Christm.as Day, December 25 �ao floating holidays Eligible EMPLOYEES shall receive pay for each of the holidays lfsted above, on which they perform no work. When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 13.2 The floating holidays set forth in Section 13.1 above may be taken at any time during the contract year, sub�ect to the approval of the Department Head of any Employee. 13.3 Eligibility Requirements. In order to be eligible for a holiday with pay, an EMPLOYEE'S name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an EMPLOYEE'S name must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. 13.4 The ten (10) holidays shall be considered non-work days. - 21 - ARTICLE XIII - HOLIDAYS (continued) 13.5 If, in the judgment of the EMPLOYER, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 8.4 (Call-in-Pay) . 13.6 If an employee entitled to a holiday is required to work on Martin Luther King Day (effective 1986) , President's Day, Christopher Columbus Day, or Veterans' Day, he shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department permits, or he shall be paid on a straight time basis for such hours worked, in addition to his regular holiday pay. If an employee entitled to a holiday is required to work on New Year's Day, M�morial Day, Independence Day, Thanksgiving Day or Christmas Day, he shall be re- compensed for work done on this day 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 hours worked, in addition to his regular holiday pay. Eligibility for Holiday pay shall be determined in accordance with Section I, Subsection I of the St. Paul Salary Plan and Rate of Com- pensation. - 22 - �_ ��-�9�1 ARTICLE XIV - JURY DUTY 14.1 Any employee who is required during his regular working hours to appear in court as a juror or witness except as a witness in his own behalf against the EMPLOYER, shall be paid his regular pay while he is so engaged, provided however, that any fees that the EMPLOYEE may receive from the court for such service shall be paid to the CITY and be deposited with the City Finance Director. Any EMPLOYEE who is scheduled to work a shift, other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as he is required to appear in court as a �uror or witness. - 23 - ) ARTICLE XV - SEVERANCE PAY 15.1 The employer shall provide a severance pay program as set forth in this Article. 15.2 To be eligible for the severance pay program, an employee must meet the following requirements: 15.21 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" or the "rule of 85" provisions of the Public Employees Retirement Association (PERA) . The "rule of 90" criteria shall also apply to employees covered by a public pension plan other than PERA. 15.22 The employee must be voluntarily separated fram City employ- ment 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. 15.23 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- quirement. 15.24 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. 15.25 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation fram service. 15.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 15.4 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. - 24 - ��Y��y ARTICLE XV - SEVERANCE PAY (continued) 15.5 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay will be made to the employee's estate or spouse. 15.6 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. 15.7 The manner of payment of such severance pay shall be made in accord- ance with the provisions of City Ordinance No. 11490. 15.8 This severance pay program shall be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this article shall control. 15.9 The provisions of this article shall be effective as of May 31, 1984. 15.10 Any employee hired prior to May 31, 1984 may, in any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this article or the ordinance shall constitute a bar to receiving severance pay from the other. - 25 - ARTICLE XVI - WAGES 16.1 The basic hourly wage rates as established by Appendix A shall be paid for all hours worked by provisional, regular and probationary employees. 16.2 The basic hourly wage rates as established by Appendix B shall be paid for all hours worked by temporary or emergency employees. - 26 - ��y�gy ARTICLE XVII - SAVINGS CLAUSE 17.1 This AGREF•h1ENT is sub�ect to the laws of the United States, the State of Minnesota, and the City of St. Paul. In the event any provision of this AGREEMINT shall hold to be contrary to law by a court of competent 3urisdiction fram whose final �udgment 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. - 27 - ARTICLE XVIII - JURISDICTION 18.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various UNIONS representing EMPLOYEES of the EMPLOYER. 18.2 In the event of a dispute concerning the performance or assignment of work, the unions involved and the EMPLOYER shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the EMPLOYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict the EMPLOYER'S basic right to assign work. 18.3 Any employee refusing to perform work assigned by the EMPLOYER shall be sub�ect to disciplinary action as provided in Article VII (DISCIPLINARY PROCEDURES) . 18.4 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. 18.5 The sub-contracting of work done by the EMPLOYEES covered by this AGREIIriENT shall in all cases be made only to EMPLOYERS who qualify in accordance with Ordinance No. 14013. - 28 - . � �y�� ARTICLE XIX - SICK LEAVE 19.1 Sick leave without pay may be granted in accordance with the provisions of Section 20H of the Civil Service Rules for a period up to but not to exceed three years. - 29 - ARTICLE XX - MATERNITY LEAVE 20.1 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 detern�ined by a physician, and ending six (6) months after the date of such birth. In the event of an IIrIPLOYEE'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. - 30 - . ��-�qy ARTICLE XXI - LEGAL SERVICES 21.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the EMPLOYER shall defend, save harmless and indemnify an EMPLOYEE, and/or his estate, against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission in the performance and scope of the EMPLOYEE'S duties. - 31 - ARTICLE XXII - STRIKES, LOCKOUTS, WORK INTERFERENCE 22.1 The UNIONS and the EMPLOYERS 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 said UNIONS and/or the members thereof, and there shall be no bannering during the existance of this AGREEMENT wthout first using all possible means of peaceful settlement of any controversy which may arise. - 32 - . (i/- �'�d%� ARTICLE XXIII - TERMS OF AGREEMENT 23.1 The EMPLOYER and the UNION acknowledge that during the meeting and negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any sub�ect concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this AGREEMENT. Any and all prior agreements, resolutions� practices, policy or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this AGREEMENT are hereby superseded. In those areas where Civil Service Rules are not inconsistent with this AGREEMENT, the Civil Service Rules shall continue to be in effect. 23.2 Except as herein provided this AGREEMENT shall be effective as of the date it is executed by the parties and shall continue in full force and effect thru April 30, 1986, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify this AGREEMENT shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971. - 33 - ARTICLE XXIII - TERMS OF AGREEMENT (continued) 23.3 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 ratification by the UNIONS. WITNESSES: CITY OF SAINT PAUL TRI-COUNCIL � . abor at r or usiness Representat ve, Local 120 D � /� y DATE � � y BY: $Y: Civil Service Commission Business Manager, Local 132 DATE DATE BY Bus ne Representative, Local 132 DATE S Z 4 F�5�' � �--__--._�,_ ,--' � BY:''�`�.� -.� �C"".-�� • � -,r / Business Representative, Local 4 DATE .✓� �,-�� /�"� - 34 - . ��'��y APPENDIX A The hourly wage rates for provisional, regular and probationary employees working in the classes listed below are as shown: GROUP A Effective Effective 5-26-84 6-08-85 , Asphalt Raker 12.44 * Asphalt Shoveler 12.09 * Bridge Crew Leader 12.69 * Bridge Laborer 12.09 * Building Laborer 12.14 * Ditch Digger 12.24 * Grounds Crew Leader 12.16 * Jackhammer Operator 12.19 * Kettle Fireman 12.09 * Labor Crew Leader 12.59 * Miner 12.67 * Miner-Water Department 12.67 * Mortar Mixer 12.14 * Plasterer's Tender 14.77 * Public Works Laborer 11.99 * Sanitation Laborer 11.99 * Schools Labor Crew Leader 12.84 * Sewer Crew Leader 12.84 * Sewer Laborer 12.24 * Sewer Maintenance Laborer 12.24 * Stores Laborer 11.99 * Tamper 12.29 * Tunnel Laborer 12.24 * Unskilled Laborer 11.99 * Vibrator Operator 12.09 * Water Laborer 11.99 * Water Serviceman I 12.14 * Water Serviceman II (Connections) 12.44 * Water Serviceman II (Mains) 12.44 * Water Service Worker-Control Desk 12.49 * Eff. 5-26-84 Eff. 6-08-85 Af ter Af ter Start 6 mos Start 6 mos Garden Laborer $10.95 $11.31 * * Gardener 11.20 11.56 * * Groundsworker 11.20 11.56 * * Playground Custodian 11.20 11.56 * * Watershed Laborer 11.65 11.99 * * School Grounds Maintenance Foreman 11.52 11.89 * * - A1 - APPENDIX A (continued) *The June 8, 1985 hourly wage rates for provisional, regular and probationary employees working in the classes of Unskilled Laborer and Plasterer's Tender shall be the rates as shown below LESS the average cost of sick leave usage, holidays, pensions and vacation for the calendar years of 1984 and less the average cost of health and life insurance for the period May, 1984 thru April, 1985. Said average costs shall be based on all employees working in classes represented by Local 132. Effective 6-08-85 Unskilled Laborer $15.85 Effective 6-08-85 Plasterer's Tender $18.53 The cents per hour adjustment in the hourly rate for Unskilled Laborer which results from the above calculations shall be applied to the classes listed below on the same dates as the Unskilled Laborer ad�ustments. Asphalt Raker Mortar Mixer Asphalt Shoveler Public Works Laborer Bridge Crew Leader Sanitation Laborer Bridge Laborer School Grounds Maintenance Foreman Building Laborer Sewer Crew Leader Ditch Digger Sewer Laborer Garden Laborer Sewer Maintenance Laborer Gardener Tamper Grounds Crew Leader Tunnel Laborer Groundsworker Vibrator Operator Jackhammer Operator Water Laborer Kettle Fireman Water Serviceman I Labor Crew Leader Water Serviceman II (Connections) Miner Water Serviceman II (Mains) Miner-Water Department Watershed Laborer Schools Labor Crew Leader Water Service Worker-Control Desk - A2 - ��y-�9y APPENDIX A ( continued) GROUP B Effective Effective 5-26-84 6-08-85 Air Compressor Oper. $12.41 * Bituminous Curb Machine Operator 12.41 * Mixer Engineer 12.41 * Roller Engineer (Under 6 tons) 12.41 * Tractor Oper. I 12.41 * *The June 8, 1985 hourly wage rate for provisional, regular and probationary employees working in the class of Tractor Operator I shall be the rate as shown below LESS the average cost of sick leave, holidays, pensions and vacation for the year 1984 and less the average cost of health and life insurance for the period May, 1984 thru April, 1985. Said average costs shall be based on all employees working in classes represented by Local 49. Effective 6-08-85 Tractor Operator I 16.48 The cents per hour adjustment in the hourly rate for Tractor Operator I which results from the above calculations shall be applied to the classes listed below on the same dates as the Tractor Operator I adjustments. Air Compressor Operator Bituminous Curb Machine Operator Mixer Engineer Roller Engineer (Under 6 tons) - A3 - APPENDIX A (continued) GROUP C Effective Effective 5-26-84 6-08-85 Asphalt Batcherman $14.12 * Asphalt Plant Operator 14.12 * Backfiller Operator 14.12 * Bituminous Spreader Operator 14.12 * Heavy Equip. Oper. 14.12 * Heavy Equip. Oper.- Asphalt Plant 14.12 * Heavy Equip. Oper.-Water Dept. 14.12 * Hoisting Engineer 14.12 * Jet Sewer Cleaner Operator 13.76 * Motor Equip. Operator 14.12 * Motor Equip. Operator- Water Department 14.12 * Motor Patrol Operator 14.12 Paving Breaker (Hydra Hammer Operator) 14.12 * Power Clam Operator 14.12 * Power Shovel Operator 14.31 * Pulvimixer Operator 14.12 * Pumperete Operator 14.20 * Revolving Power Equipment Operator 14.31 * Roller Engineer (6 tons or over) 14.12 * Snow-Go Operator 14.12 * Sweeper Operator 14.12 * Tractor Operator II 14.12 * Tractor Operator II (Backhoe) 14.12 * *The June 8, 1985 hourly wage rate for provisional, regular and probationary employees working in the class of Heavy Equipment Operator shall be the rate as shown below LESS the average cost of sick leave, holidays, pensions and vacation for the calendar year of 1984 and less the average cost of health and life insurance for the period May, 1984 thru April, 1985. Said average costs shall be based on all employees working in classes represented by Local 49. Effective 6-08-85 Heavy Equipment Operator $18.77 The cents per hour adjustment in the hourly rate for Heavy Equipment Operator which results from the above calculation shall be applied to the classes listed below on the same dates as the Heavy Equipment Operator adjustments. - A4 - ��y�� APPENDIX A (continued) Asphalt Batcherman Asphalt Plant Operator Backfiller Operator Bituminous Spreader Operator Hoisting Engineer Heavy Equipment Operator-Asphalt Plant Motor Equip. Oper.-Water Dept. Motor Equipment Operator Paving Breaker (Hydra Iia�ner Motor Patrol Operator Operator) Power Clam Operator Pulvimi�cer Operator Power Shovel Operator Revolving Power Equip. Operator Pwnperete Operator Snow-Go Operator Roller Engineer (6 tons or over) Tractor Operator II Sweeper Operator Tractor Operator II (Backhoe) Jet Sewer Cleaner Operator GROUP D Effective Effective 5-26-84 6-08-85 Truck Driver 11.47 * *The June 8, 1985 hourly wage rate for provisional, regular and probationary employees working in the class of Truck Driver shall be the rate as shown below less the average cost of sick leave usage, holidays, pensions and vacation for the calendar year of 1984 and less the average cost of health and life insurance for the period May, 1984 thru April, 1985. Said average costs shall be based on all employees working in classes represented by Local 120. Effective 6-08-85 Truck Driver $15.80 GROUP E Effective 5-26-84 Effective 6-08-85 After After Start 6 mos Start 6 mos Tree Trimmer I $11.20 ¢11.56 * * Tree Trimmer II 11.56 11.98 * * Forestry Crew Leader 12.56 -- * --- - AS - APPENDIX A (continued) The June 8, 1985 hourly wage rate for provisional, regular and probationary employees working in the class of Tree Trimmer II shall be the rate as shown below less the average cost of sick leave usage, holidays, pensions and vacation for the calendar year of 1984 and less the average cost of health and life insurance for the period May, 1984 thru April, 1985. Said average costs shall be based on all employees working in the classes of Tree Trimmer I and Tree Trimmer II Effective 6-08-85 Tree Trimmer II 15.85 The June 8, 1985 hourly wage rate for provisional, regular and probationary employees working in the class of Tree Trimmer I shall be the April 27, 1985 hourly wage rate applicable to the class of Groundsworker. For the purpose of this Appendix A, the term pension shall not include Social Security. - A6 - . �= ��9� APPENDIX A (continued) Effective upon the effective date of this contract the following premium pay provisions shall apply: A. Truck Drivers assigned to drive tandem trucks shall receive 20� per hour above the base rate of Truck Driver for each hour or any part thereof worked in such an assignment. B. Any employee in this bargaining unit assigned to operate a Chipping Hammer shall receive 20� per hour above their regular base rate for each hour or any part thereof worked in such an assignment. C. Any employee in this bargaining unit assigned to operate a Chain Saw, except employees working under the titles of Tree Trimmer I or Tree Trimmer II, shall receive 20� per hour above their regular base rate for each hour or any part thereof worked in such an assignment. D. Any employee in this bargaining unit assigned to perform the duties of a Tender for a Bricklayer or Blocklayer shall receive 15� per hour above their regular base rate for each hour or any part thereof worked in such an assignment. E. Any Groundsman or Water Shed Laborer assigned to operate a Chipping Machine shall receive 25G per hour above their regular base rate for each hour or any part thereof worked in such an assignment. F. Any employee in this bargaining unit required to work eight (8) feet or lower beneath ground shall receive 25� per hour above their regular base rate for each hour or any part thereof worked in such an assignment. This provision shall not apply to employees working under the titles of Ditch Digger, Water Serviceman II (Connections) or Water Serviceman II (Mains) . - A7 - APPENDIX A (continued) G. Any employee in this bargaining unit other than employees holding regular appointments to the class of Jackhammer Operator, assigned to operate a Jackhammer, shall receive 20� per hour above their regular base rate for each hour or any part thereof worked in such an assignment. H. Any employee in this bargaining unit, other than an employee who holds a regular appointment in the class of Mortar Mixer, assigned to operate a Mortar Mixer, shall receive 15� per hour above their regular base rate for each hour or any part thereof worked in such an assignment. I. Any Tree Trinuner II in this bargaining unit assigned to operate the large Tree Spade shall receive 50G per hour above their regular base rate or any part thereof worked in such an assignment. J. Any Tree Trimmer II in this bargaining unit assigned to operate the Stemp Chipper shall receive 50� per hour above their regular base rate or any part thereof worked in such an assignment. K. Any Tree Trimmer II regularly assigned to the crew performing tree trimming duties in assisting Northern States Power Company shall receive 40� per hour above their regular base rate or any part thereof worked in such an assignment. - A8 - ��-�9� APPENDIX B The hourly rates for temporary and emergency employees working in the classes listed below are as shown: Effective Effective 5-26-84 6-08-85 Asphalt Raker $12.50 $12.90 Asphalt Shoveler 12.50 12.90 Bridge Crew Leader 12.95 13.35 Bridge Laborer 12.45 12.85 Building Laborer 12.50 12.90 Ditch Digger 12.70 13.10 Jackhammer Operator 12.55 12.95 Kettle Fireman 12.35 12.75 Labor Crew Leader 12.95 13.34 Miner 13.05 13.45 Miner Water Department 13.05 13.45 Mortar Mixer 12.50 12.90 Public Works Laborer 12.35 12.75 Sanitation Laborer 12.35 12.75 Schools Labor Crew Leader 13.30 13.70 Sewer Crew Leader 13.30 13.70 Sewer Laborer 12.70 13.10 Sewer Maintenance Laborer 12.70 13.10 Stores Laborer 12.35 12.75 Tamper 12.55 12.95 Tunnel Laborer 12.70 13.10 Unskilled Laborer 12.35 12.75 Vibrator Operator 12.55 12.95 Water Laborer 12.35 12.75 Water Serviceman I 12.45 12.85 Water Serviceman II (Connections) 12.80 13.20 Water Serviceman II (Mains) 12.80 13.20 For temporary and emergency employees working in the above titles the following fringe benef it contributions shall be made to the Minnesota Laborers' Fringe Benefit Fund. Effective Effective 5-26-84 6-08-85 Health and Welfare $1.10 $1.35 Pension 1.35 1.35 Vacation .40* .40* *This 40� contribution is taxable. - B1 - APPENDIX B (continued) � The hourly wage rates for temporary and emergency employees working the the class listed below are as shown: Effective Effective 5-26-84 6-08-85 Plasterer's Tender 15.43 $15.43 For temporary and emergency employees working in the above title the following Fringe Benefit contributions shall be made to the Minnesota Laborers Fringe Benefit Fund. Effective Effective 5-26-84 6-08-85 Health and Welfare 1.10 $1.35 Pension 1.35 1.35 Vacation .40* .40* *This 40� contribution is taxable. The hourly rates for temporary and emergency employees working in the classes listed below are as shown: Effective Effective 5-26-84 6-08-85 Air Compressor Operator 13.22 $13.58 Asphalt Batcherman 15.34 15.87 Asphalt Plant Operator 15.34 15.87 Backfiller Operator 15.34 15.87 Bituminous Curb Machine Operator 13.22 13.58 Bituminous Spreader Operator 15.34 15.87 Heavy Equip. Oper.-Asphalt Plant 15.34 15.87 Heavy Equip. Oper.-Water Dept. 15.34 15.87 Hoisting Engineer 15.34 15.87 Jet Sewer Cleaner Operator 14.71 15.51 Mixer Engineer 13.22 13.58 Motor Equipment Operator 15.34 15.87 Motor Equipment Oper.-Water Dept. 15.34 15.87 Motor Patrol Operator 15.34 15.87 Paving Breaker (Hydra Hammer Oper.) 15.34 15.87 Power Clam Operator 15.34 15.87 Power Shovel Operator 15.63 16.17 Pulvimixer Operator 15.34 15.87 Pumperete Operator 15.46 15.99 Roller Engineer (Under 6 tons) 13.22 13.58 Roller Egnineer (7 tons or over) 15.34 15.87 Sno-Go Operator 15.34 15.87 S�aeeper Operator 15.34 15.87 Tractor Operator I 13.22 13.58 Tractor Operator II 15.34 15.87 Tractor Operator II (Backhoe) 15.34 15.87 For temporary and emergency employees working in the above titles the following fringe benefits shall be made to Funds designated by IUOE, Local 49. Effective Effective 5-26-84 6-08-85 Health and Welfare 1.70 $1.95 Pension .90 .90 Apprentice Training .05 .05 - B2 - �a �� APPENDIX B (continued) The hourly wage rates for temporary and emergency employees working in the classes listed below are as shown: Effective Effective 5-26-84 6-08-85 Truck Driver 15.15 15.45 Truck Drivers assigned to drive a tandem truck shall receive 20� per hour above the base rate for Truck Driver for each hour worked in such assigmnent. For the purpose of this Appendix "B" regular employees who are laid off and not working under a� title shall receive the rates of pay shwon below when they work on a temporary or emergency basis. No additional fringe benefit contributions shall be made for such hours worked. No City fringe benefits shall be earned or accrued for such hours worked. Effective Effective 5-26-84 6-08-85 Heavy Equipment Operator 17.30 $18.05 Truck Driver 14.57 14.95 Unskilled Laborer 14.62 15.24 Tractor Operator I 15.26 15.85 Regular employees who continue to work under at least one title and who also work on a temporary or emergency basis shall receive the regular rate of pay for such titles and shall continue to earn and accrue City benefits for such hours worked. The hourly wage rates for temporary and emergency employees working in classes listed below shall be the same as the wage rates applicable to provisional, regular and probationary employees working in said classes as shown in Appendix A. Garden Laborer Gardener Groundsworker Playground Custodian Resident Groundsman School Grounds Maintenance Foreman Water Shed Laborer Water Service Worker-Control Desk For temporary and emergency employees working in the above titles the following fringe benefit contributions shall be made to the Minnesota Laborers' Fringe Benefit Fund. Effective Effective 5-26-84 6-08-85 liealth and Welfare 1.10 1.35 Pension 1.35 1.35 Vacation .40* .40* *This 40� contribution is taxable. - B3 - APPENDIX B (continued) The hourly wage rates for temporary and emergency employees working in classes listed below shall be the same as the wage rates applicable to provisional, regular and probationary employees working in said classes as shown in Appendix A. Forestry Crew Leader Tree Tri�er I Tree Trimmer II For temporary and emergency employees working in the above titles the following fringe benefits shall be made to funds designated by IUOE, Local 49. Effective Effective 5-26-84 6-08-85 Health and Welfare 1.70 $1.95 Pension .90 .90 Apprentice Training .OS .05 - B4 - , . ' ��9� APPENDIX C The following are special provisions for Truck Driver seniority: All Truck Drivers hired subsequent to July 1, 1970, except the six who were hired with the promotion rights from the April 7, 1975 eligible list by Departments others than Public Works, will be laid off at the end of December 1, 1978. Subsequent to December 1, 1978, the Public Works Department shall hire from the layoff list all Truck Drivers who will be needed throughout the City for the remainder of the year. Subsequent to December 1, 1978, all reinstatements and new appoint- ments will be made to the Public Works Departmen�. Department or division promotion rules shall not apply to the classification of Truck Driver Any Truck Driver taking an examination on a pramotional basis for any other title shall be considered a promotional candidate in the department in which he is working on the date of the examination regardless of the fact that such employee appears as Truck Driver on the Public Works Department payroll. No change in assig�ent shall be made for the purpose of changing the department in which the employee qualifies as a promotional candidate under this article. Employees appointed from the promotion list of the March 3, 1978, Truck Driver examination shall have Truck Driver seniority in the same order as the order in which their names appear on the promotional eligible list from which they were appointed. This does not apply to employees appointed from this list to the Board of Education. - C1 - ' ��r �� 1984 - 1985 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SAINT PAUL AND THE TRI-COUNCIL LOCAL 120 - LOCAL 49 - AND LOCAL 132 . (d� ��-8qy I N D E X ARTICLE TITLE PAGE Principles 1 I Recognition 2 II Maintenance of Standards 4 III Union Rights 5 IV Payroll Deductions 6 V Management Rights 7 VI Safety 8 VII Discipline 9 VIII Hours - Premium Pay 10 IX Insurance 12 X Employee Rights-Grievance Procedure 14 XI Seniority 18 XII Vacations 20 %III Holidays 21 XIV Jury Duty 23 XV Severance Pay 24 XVI Wages 26 XVII Savings Clause 27 XVIII Jurisdiction 28 XIX Sick Leave 29 XX Maternity Leave 30 XXI Legal Services 31 XXII Strikes, Lockouts, Work Interference 32 XXIII Terms of Agreement 33 Appendix A A1 Appendix B B1 Appendix C C1 - ii - . � �y_�9� PRINCIPLES This AGREEMENT is entered into to facilitate the adjustment of grievances and disputes between the EMPLOYER and EMPLOYEES to provide, insofar as possible, for the continuous employment of labor and to establish necessary procedures for the amicable ad�ustment of all disputes which may arise between the EMPLOYIIt and the UNION. The EMPLOYER and the UNION encourage the highest possible degree of practical, friendly, cooperative relationships between their respective representatives at all levels. The officials of the FMPLOYER and the UNION realize that this goal depends primarily on cooperative attitudes between people in their respective organizations and at all levels of responsibility, and that proper attitudes must be based on full understanding of and regard for the respective rights and responsibilities of both the II�PLOYER and the FMPLOYEES. There shall be no discrimination against any EMPLOYEE by reason of race, color, creed, sex, of UNION membership. The EMPLOYER and the UNION affirm their �oint opposition to any discriminatory practices in connection with employment, promotion, or training, remembering that the public interest remains in full utilization of Employees skill and ability without regard to consideration of race, color, creed, national origin, age or sex. - 1 - ARTICLE I - RECOGNITION 1.1 The EMPLOYER recognizes the UNION as the sole and exclusive collective bargaining agency for all Employees that have been certified by the State of Minnesota, Case No. 73-PR-427-A, as follows: All employees of the City of Saint Paul in the classifications of Air Compressor Operator, Asphalt Batcherman, Asphalt Plant Engineer, Asphalt Raker, Asphalt Shoveler, Backfiller Operator, Bituminous Curb Machine Operator, Bituminous Spreader Operator, Bridge Crew Leader, Bridge Laborer, Building Laborer, Ditch Digger, Forestry Crew Leader, Garden Laborer, Gardener, Groundsworker, Heavy Equipment Operator, Heavy Equipment Operator--Asphalt Plant, Hoisting Engineer, Jackhammer Operator, Jet Sewer Cleaner Operator, Kettle Fireman, Labor Crew Leader, Miner, Miner--Water Department, Mixer Engineer, Mortar Mixer, Motor Equipment Operator, Motor Equipment Operator--Water Department, Motor Patrol Operator, Paving Breaker (Hydra Hammer Operator) , Plasterer's Tender, Playground Custodian, Power Clam Operator, Power Shovel Operator, Public Works Laborer, Pulvimixer Operator, Pumperete Operator, Road Machinery Operator, Roller Engineer (Under 6 tons) , Roller Engineer (6 tons or over) , Sanitation Laborer, School Ground Ma.intenance Foreman, Sewer Crew Leader, Sewer Laborer, Sewer Maintenance Laborer, Sno-Go Operator, Sweeper Operator, Tamper, Tractor Operator I, Tractor Operator II, Tractor Operator II (Backhoe), Tree Trimmer I, Tree Trimmer II, Truck Driver, Tunnel Laborer, Unskilled Laborer, Vibrator Operator, Water Laborer, Water Serviceman I, Water Serviceman II (Connections) , Water Serviceman II (Mains), Water Service Worker-Control Desk, and Water-Shed Laborer who work more than 14 hours per week and more than 100 work days per year, excluding Supervisory, Confidential, temporary, emergency, and employees exclusively represented by other labor or employee organizations. T'he parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classifications set forth in this agreement shall be recognized as a part of this bargaining unit, and the parties shall take all steps required under the Public F�uployment Relations Act to accomplish said ob�ective. - 2 - , . � (,�- �'`�-�9`�j ARTICLE I - RECOGNITION 1.2 The II�IPLOYER agrees not to enter into any contractually binding agreements with any employee or representative not authorized to act on behalf of the UNION. There shall be no individual agreements with any employees that conflict with the terms of this AGREEMENT, and any such agreement or contract shall be null and void. - 3 - , . / ARTICLE II - MAINTENANCE OF STANDARDS 2.1 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations and all other general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul and the Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement are made elaewhere in this Agreement. - 4 - . �d 7'�� ARTICLE III - UNION RIGHTS 3.1 The UNION may designate employees from within the bargaining unit to act as Stewards and shall inform the EMPLOYER in writing of such designations. Such employees shall have the rights and responsibilities as designated in Article 10 (GRIEVANCE PROCEDURE) . There shall be no more than one Steward from each local involved in any one specific grievance. 3.2 There shall be no deduction of pay from Stewards when directly involved in meetings with management during working hours for grievance procedures. 3.3 Designated Union Representatives shall be permitted to visit employees on �ob sites and at department buildings during working time. 3.4 If the Unions enter into any Agreements with any individual Employer or group of F�ployers for more favorable wages, hours or conditions than herein specified, the Unions shall immediately furnish a copy of any such Agreement to the City and the Union may effective upon ten (10) days' notice to the City apply all or part of such Agreement as the new Agreement between it and the City. - 5 - ARTICLE IV - PAYROLL DEDUCTION 4.1 The EhIPLOYER shall, upon request of any employee in the unit, deduct such sum as the UNION may specify for the purpose of initiation fees and dues to the UNION, providing the UNION uses its best efforts to assess such deductions in as nearly uniform and standard amounts as is possible. The II�IPLOYER shall remit monthly such deduction to the appropriate designated UNION. 4.2 In accordance with M.S.A. 179.65, Subd. 2, the EMPLOYER agrees that upon notification by the UNION, the EMPLOYER shall deduct a fair share fee from all certified employees who are not members of the exclusive representative. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. 4.3 The UNION will indemnify, defend and hold the EMPLOYER harmless against any claims made and against any suits instituted against the F,NIPLOYER, its officers or employees, by reason of negligence of the UNION in requesting or receiving deductions under this Article. The EMPLOYER will indemnify, defend and hold the UNION harmless against any claims made and against any suits instituted against the UNION, its officers or employees by reason of negligence on the part of the II�LOYER in making or forwarding deductions under this Article. - 6 - . � �y�9y ARTICLE V - MANAGEMENT RIGHTS 5.1 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. 5.2 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 of 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. 5.3 If the Unions enter into any Agreements with any individual Employer or group of Employers for less favorable wages, hours or conditions than herein specified, the Unions shall immediately furnish a copy of any such Agreement to the City or if the City comes upon such an Agreement, the City may effective upon ten (10) days' notice to the Unions apply all or part of such Agreement as the new Agreement between it and the Unions. - 7 - . ARTICLE VI - SAFETY 6.1 Accident and in�ury free operations shall be the goal of all EMPLOYERS and II�IPLOYEES. To this end the EMPLOYER and EMPLOYEE will, to the best of their ability abide by, and live up to the requirements of the several State and Federal Construction Safety Codes and Regulations. 6.2 To this end the EMPLOYER shall from time to time issue rules or notices to his EMPLOYEES regarding on the �ob safety requirements. Any EMPLOYEE violating such rules or notices shall be subject to disciplinary action. No EMPLOYEE may be discharged for refusing to work under unsafe conditions. 6.3 Such safety equipment as required by governmental regulation, shall be provided without cost to the EMPLOYEE. At the EMPLOYER'S option, the EMPLOYEES may be required to sign for safety equipment and shall be obligated to return same upon discharge, layoff, quit or other termination in comparable condition as when issued, providing reasonable wear and tear. The EMPLOYER shall have the right to withhold the cost of such safety equipment if not returned. 6.4 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 for the cost of two pair of shoes per year and shall not be responsible for any additional cost for any additional shoes thereafter. This reimbursement of $10.00 per pair of shoes shall be made only after investigation and approval by the immediate supervisor of that employee. This $10.00 per pair of shoes contribution to be made by the EMPLOYER shall apply to those employees who must wear protective shoes or boots for their employment. - 8 - . ��y�9� ARTICLE VII - DISCIPLINE PROCEDURES 7.1 The EMPLOYER will discipline EMPLOYEES for ,just cause only. Discipline will be in the form of: a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge. 7.2 Suspensions, reductions and discharges will be in written form. 7.3 A notice in writing of suspensions, reductions and discharges shall be sent to the EMPLOYEE and the UNION within seventy-two (72) hours after such action is taken. 7.4 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the EMPLOYEE and/or UNION 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. 7.5 Grievance 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 procedure under Article X. 7.6 EMPLOYEES who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than one half hour before the beginning of such work day. 7.7 Failure to make such notification may be grounds for discipline. - 9 - ARTICLE VIII - HOURS, PREMIUM 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 Except in cases of emergencies, the EMPLOYER shall notify the affected Union of an intention to change a shift at least 24 hours prior to the beginning of the new shift. 8.3 EMPLOYEES shall report to work location as assigned by a designated EMPLOYER supervisor. During the normal work day IIKPLOYEES may be assigned to other work locations at the discretion of the EMPLOYER. 8.4 Call-in-Pay-- When an EMPLOYEE is called to work he shall receive two hours' pay if not put to work. If he is called to work and commences work, he shall be guaranteed four straight time hours' pay. These provisions, however, shall not be effective when work is unable to proceed because of adverse weather conditions. 8.5 Overtime. Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by order of the head of the department. An II�SPLOYEE 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 EMPLOYER. The overtime rate of one and one-half shall be computed on the basis of 1/80th of the bi-weekly rate. - 10 - , . ��y-�� ARTICLE VIII - HOURS, PREMIUM PAY (continued) 8.6 A premiinn pay of fifty-cents (SOC) per hour shall be paid for all swing stage work, such as work performed from a boatswain's chair or a swing scaffold or hazardous work that requires the use of a safety belt fifty (50) feet or more above the ground. All standard safety laws shall be complied with. 8.7 The work break shall not exceed f ifteen (15) minutes from the time the employee stops working until he restimmes work, and shall be taken in close proximity of the employee's work station. - 11 - ARTICLE IX - INSURANCE 9.1 The EMPLOYER will continue for the period of this Agreement to provide for EMPLOYEES such health and life insurance benefits as are provided by EMPLOYER at the time of execution of this Agreement. 9.2 The EMPLOYER will for the period of this Agreement provide for EMPLOYEES who retire after the titne of execution of this Agreement and until such EMPLOYEES reach sixty-five (65) years of age such health insurance benefits and life insurance benefits as are provided by the II�IPLOYER for such EMPLOYEES. 9.3 In order to be eligible for the benefits under this early retiree provision, the employee must: 9.31 Be receiving benefits from a public employee retirement act at the time of retirement. 9.32 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 9.33 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. 9.4 Effective June 1, 1984, the EMPLOYER agrees to contribute the cost of Hospitalization and Medical Coverage or $60.85 per month, whichever amount is less, for each employee who is eligible for such coverage. In addition, for each eligible employee who selects Dependent's Coverage, the EMPLOYER will contribute one-half (�) of the cost of such Dependent's Coverage or $50.58 per month, whichever amount is less. These contributions shall be paid to the EMPLOYER'S Group Health and Welfare Plan. Any increases in these costs shall be paid by the EMPLOYEE. - 12 - . � �/=�9�1 ARTICLE IX - INSURANCE (continued) 9.5 Effective October 1, 1984 the amount of the EMPLOYER's contribution toward employee coverage in Article 9.4 shall be adjusted to reflect the cost of the October 1, 1984, premium for Group Health employee coverage. Effective October 1, 1985 the amount of the F.MPLOYER's contribution toward employee coverage in Article 9.4 shall be adjusted to reflect the cost of the October 1, 1985 premium for Group Health employee coverage. 9.6 Effective October 1, 1984, the amount of the EMPLOYER's contribution toward dependent coverage in Article 9.4 shall be ad�usted to reflect one-half ('�) of the cost of the October 1, 1984 premium for Group Health dependent coverage. Effective October 1, 1985 the amount of the EMPLOYER's contribution toward dependent coverage in Article 9.4 shall be ad�usted to reflect one-half ('�) of the cost of the October 1, 1985 premium for Group Health coverage. 9.7 The EMPLOYER 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. This contribution shall be paid to the City's Group Health and Welfare Plan. Any increase in this cost shall be paid by the EMPLOYEE. 9.8 Any employee having ten or more years of service with the F.MPLOYER who becomes ill or in�ured so as to be unable to continue working and has exhausted all his sick leave and vacation shall be eligible for City paid health and welfare benefits for a maximum of three years. 9.9 Notwithstanding the benefits granted in this article, the cost to the IIKPLOYER for the insurance coverages in 9.4 and 9.7 above shall be included in the computation of fringe benefit cost deductions indicated in Appendix A. - 13 - ARTICLE X - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 10.1 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. 10.2 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 II�PLOYEE duties and responsibilities. The steward involved and a grieving IIrIPLOYEE 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. 10.3 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. 10.4 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 supervisor. If the matter is not resolved to the EMPLOYEE'S satisfaction by the - 14 - . � ��y ARTICLE X - EMPLOYEE RIGHTS - GRIEVANCE PROCIDURE (continued) informal discussion it may be reduced to writing and referred to Step 2 by the UNION. T'he written grievance shall set f orth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or with the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. SteP 2. Within seven (7) calendar days after receiving the written grievance a designated 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 F.MPLOYER'S answer shall be considered waived. Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated EMPLOYER Supervisor shall meet with the UNION Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the EMPLOYER - 15 - ARTICLE X - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) shall reply in writing to the UNION stating the IIKPLOYER'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 IIKPLOYER in Step 3, by written notice to the IIrIPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) day period, either party may request the Public Employment Relation Board to submit a panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION shall strike the first (lst) name; the EMPLOYER shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 10.5 The 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 - 16 - . ��y-�9� ARTICLE X - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) without power to make decisions contrary to or inconsistent with or modifying or varying in any way the applications of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREIIKENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UNION, and the EMPLOYEES. 10.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 10.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. 10.8 It is understood by the UNION and the EMPLOYER that a grievance may be determined by either the grievance procedure of this contract or by the provisions of the Civil Service Rules of the City of Saint Paul. If an issue is determined by this grievance procedure it shall not again be submitted for arbitration under the Civil Service Rules. If an issue is determined by the provisions of the Civil Service Rules it shall not again be submitted for arbitration under this grievance procedure. - 17 - ARTICLE XI - SENIORITY 11.1 Seniority, for the purpose of this Agreement, shall be defined as follows: A. "City Seniority" - The length of continuous, regular and probationary service with the EMPLOYER from the last date of employment in any and all class titles. B. "Class Seniority" - The length of continuous, regular and probationary service with the EMPLOYER from the date an employee was first certified and appointed to a class title covered by this Agreement, it being further understood that class seniority is confined to the current class assignment held by an employee. 11.2 Seniority shall terminate when an EMPLOYEE retires, resigns, or is discharged. 11.3 A. In the event it is determined by the EMPLOYER that it is necessary to reduce the work force, employees will be laid off by class title within each division based on inverse length of "Class Seniority". Recall from layoff shall be inverse order of layoff, except that recall rights shall expire after two years of layoff. B. In cases where there are promotional series, such as Unskilled Laborer, Crew Leader, etc. , when the number of employees in these higher titles is to be reduced, employees who have held lower titles which are in this bargaining unit will be offered reductions to the highest of these titles to which class seniority would keep them from being laid off, before layoffs are made by any class title in any department. - 18 - . ��y�� ARTICLE XI - SENIORITY (continued) C. It is further understood that a laid off employee shall have the right to placement in any lower-paid class title in this bargaining unit, provided said employee has been previously certified and appointed in said lower-paid class title. In such cases, the employee shall first be placed on a reinstatement register and shall have "Class Seniority" based on the date originally certified and appointed to said class. Employees may also apply for positions in a lower class but may, nevertheless, return to original class as provided in paragraph (A) above. D. TEie provisions of Appendix C shall apply to the classification of Truck Driver. 11.4 To the extent possible, vacation periods shall be assigned on the basis of "Class Seniority", within each class, by division. It is, however, understood that vacation assignments shall be subject to the ability of the EMPLOYER to maintain operations. 11.5 Promotions shall be handled in accordance with current Civil Service Rules and practices. However, the Water Utility may promote and assign a member of a rotating emergency or night crew holding the secondary title of Water Service Worker-Control Desk to a temporary Water Service Worker-Control Desk vacancy on his assigned crew without reference to his seniority in that title. Regular permanent promotions will continue to be made in order of seniority in title. - 19 - ARTICLE XII - VACATIONS 12.1 In each calendar year, each full-time EMPLOYEE shall be granted vacation according to the following schedule: Years of Service Vacation Granted Less than 5 years 10 days After 5 years thru 15 years 15 days After 15 years thru 25 years 21 days After 25 years 22 days EhiPLOYEES who work less than full-time shall be granted vacation on a pro rata basis. For II�IPLOYEES appointed prior to January 1, 1967, years of service will be defined to mean the number of years since the date of appointment. For EMPLOYEES appointed on or after January 1, 1967, years of service shall be determined by the actual number of hours worked. 12.2 The head of the Department may permit an EMPLOYEE to carry over into the following year up to ten days' vacation. 12.3 The above provisions of vacation shall be sub�ect to the Saint Paul Salary Plan and Rates of Campensation, Section I, Sub. H. 12.4 If an EMPLOYEE has an accumulation of sick leave credits in excess of one hundred and eighty days, he may convert any part of such excess of vacation at the rate of one-half day's vacation for each day of sick leave credit. 12.5 The maximum number of days� vacation allowed by the conversion of sick leave 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 thirty-seven days including the regular vacation period. - 20 - . ��`� �9y ARTICLE XIII - HOLIDAYS 13.1 The following twelve (12) days shall be designated as holidays: New Year's Day, January 1 Martin Luther King Day, Third Monday in January (effective 1986) Presidents' Day, Third Monday in February Memorial Day, last Monday in Ma.y Independence Day, July 4 Labor Day, first Monday in September Columbus Day, second Monday in October Veteran's Day, November 11 Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 1�ao f loating holidays Eligible EMPIAYEES shall receive pay for each of the holidays listed above, on which they perform no work. When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 13.2 The floating holidays set forth in Section 13.1 above may be taken at any time during the contract year, sub�ect to the approval of the Department Head of any Employee. 13.3 Eligibility Requirements. In order to be eligible for a holiday with pay, an EMPLOYEE'S name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an EMPLOYEE'S name must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. 13.4 The ten (10) holidays shall be considered non-work days. - 21 - ARTICLE XIII - HOLIDAYS (continued) 13.5 If, in the judgment of the EMPLOYER, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 8.4 (Call-in-Pay) . 13.6 If an employee entitled to a holiday is required to work on Martin Luther King Day (effective 1986) , President's Day, Christopher Columbus Day, or Veterans' Day, he shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department permits, or he shall be paid on a straight time basis for such hours worked, in addition to his regular holiday pay. If an employee entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Thanksgiving Day or Christmas Day, he shall be re- compensed for work done on this day 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 hours worked, in addition to his regular holiday pay. Eligibility for Holiday pay shall be determined in accordance with Section I, Subsection I of the St. Paul Salary Plan and Rate of Com- pensation. - 22 - !1/_' �(�-�7`7 (� ARTICLE XIV - JURY DUTY 14.1 Any employee who is required during his regular working hours to appear in court as a juror or witness except as a witness in his own behalf against the EMPLOYER, shall be paid his regular pay while he is so engaged, provided however, that any fees that the F.NIPLOYEE 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 �uror or witness. - 23 - ARTICLE XV - SEVERANCE PAY 15.1 The employer shall provide a severance pay program as set forth in this Article. 15.2 To be eligible for the severance pay program, an employee must meet the following requirements: 15.21 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" or the "rule of 85" provisions of the Public Employees Retirement Association (PERA) . The "rule of 90" criteria shall also apply to employees covered by a public pension plan other than PERA. 15.22 The employee must be voluntarily separated from City employ- ment or have been sub�ect to separation by lay-off or campulsory 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. 15.23 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- quirement. 15.24 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. 15.25 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 15.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 15.4 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. - 24 - . �'it= ��f�9N ARTICLE XV - SEVERANCE PAY (continued) 15.5 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay will be made to the employee's estate or spouse. 15.6 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. 15.7 The manner of payment of such severance pay shall be made in accord- ance with the provisions of City Ordinance No. 11490. 15.8 This severance pay program shall be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this article shall control. 15.9 The provisions of this article shall be effective as of May 31, 1984. 15.10 Any employee hired prior to May 31, 1984 may, in any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this article or the ordinance shall constitute a bar to receiving severance pay from the other. - 25 - ARTICLE XVI - WAGES 16.1 The basic hourly wage rates as established by Appendix A shall be paid for all hours worked by provisional, regular and probationary employees. 16.2 The basic hourly wage rates as established by Appendix B shall be paid for all hours worked by temporary or emergency employees. - 26 - . �,�=�'Y-�9y ARTICLE XVII - SAVINGS CLAUSE 17.1 This AGREEMENT is sub3ect to the laws of the United States, the State of Minnesota, and the City of St. Paul. In the event any provision of this AGREEMEE[�TTT shall hold to be contrary to law by a court of competent �urisdiction from whose 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. - 27 - ARTICLE XVIII - JURISDICTION 18.1 Disputes concerning work �urisdiction between and among unions is recognized as an appropriate subject for determination by the various UNIONS representing EMPLOYEES of the EMPLOYER. 18.2 In the event of a dispute concerning the performance or assignment of work, the unions involved and the EMPLOYER shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the EMPLOYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict the EMPLOYER'S basic right to assign work. 18.3 Any employee refusing to perform work assigned by the EMPLOYER shall be sub�ect to disciplinary action as provided in Article VII (DISCIPLINARY PROCIDURES) . 18.4 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. 18.5 The sub-contracting of work done by the EMPLOYEES covered by this AGREEMENT shall in all cases be made only to EMPLOYERS who qualify in accordance with Ordinance No. 14013. - 28 - U �d ` ` ARTICLE XIX - SICK LEAVE 19.1 Sick leave without pay may be granted in accordance with the provisions of Section 20H of the Civil Service Rules for a period up to but not to exceed three years. - 29 - ARTICLE XX - MATERNITY LEAVE 20.1 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. - 30 - . � ��9y ARTICLE XXI - LEGAL SERVICES 21.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the EMPLOYER shall defend, save harmless and indemnify an EMPLOYEE, and/or his estate, against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission in the performance and scope of the EMPLOYEE'S duties. - 31 - ARTICLE XXII - STRIKES, LOCKOUTS, WORK INTERFERENCE 22.1 The UNIONS and the EMPLOYERS 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 said UNIONS and/or the members thereof, and there shall be no bannering during the existance of this AGREEMENT wthout first using all possible means of peaceful settlement of any controversy which may arise. - 32 - , � � �7'-0 / Y" ARTICLE XXIII - TERMS OF AGREEMENT 23.1 The EMPLOYER and the UNION acknowledge that during the meeting and negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any sub�ect concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this AGREEMENT. Any and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this AGREEMENT are hereby superseded. In those areas where Civil Service Rules are not inconsistent with this AGREII�IENT, the Civil Service Rules shall continue to be in effect. 23.2 Except as herein provided this AGREEMENT shall be effective as of the date it is executed by the parties and shall continue in full force and effect thru April 30, 1986, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify this AGREEMENT shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971. - 33 - ARTICLE XXIII - TERMS OF AGREEMENT (continued) 23.3 This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator but is sub�ect to the approval of the Administration of the City, the City Council and is also subject to ratification by the UNIONS. WITNESSES: CITY OF SAINT PAUL TRI-COUNCIL ,.,� � ` abor at r or usiness Representat ve, Local 120 � p� � D /� '�7� DATE y BY: BY: Civil Service Commission Business Manager, Local 132 DATE DATE BY Bus ne Representative, Local 132 DATE�Z �/�� _ _. . � �_�._.._. _�. �;%��`" -fl.� �_� � • _. -,i� Business Representative, Local 4 DATE v� �.3�'� ./�-�'� - 34 - . (��y-�9�f APPENDIX A The hourly wage rates for provisional, regular and probationary employees working in the classes listed below are as shown: GROUP A Effective Effective 5-26-84 6-08-85 Asphalt Raker 12.44 * Asphalt Shoveler 12.09 * Bridge Crew Leader 12.69 * Bridge Laborer 12.09 * Building Laborer 12.14 * Ditch Digger 12.24 * Grounds Crew Leader 12.16 * Jackhammer Operator 12.19 * Kettle Fireman 12.09 * Labor Crew Leader 12.59 * Miner 12.67 * Miner-Water Department 12.67 * Mortar Mixer 12.14 * Plasterer's Tender 14.77 * Public Works Laborer 11.99 * Sanitation Laborer 11.99 * Schools Labor Crew Leader 12.84 * Sewer Crew Leader 12.84 * Sewer Laborer 12.24 * Sewer Maintenance Laborer 12.24 * Stores Laborer 11.99 * Tamper 12.29 * Tunnel Laborer 12.24 * Unskilled Laborer 11.99 * Vibrator Operator 12.09 * Water Laborer 11.99 * Water Serviceman I 12.14 * Water Serviceman II (Connections) 12.44 * Water Serviceman II (Mains) 12.44 * Water Service Worker-Control Desk 12.49 * Eff. 5-26-84 Eff. 6-08-85 Af ter Af ter Start 6 mos Start 6 mos Garden Laborer $10.95 $11.31 * * Gardener 11.20 11.56 * * Groundsworker 11.20 11.56 * * Playground Custodian 11.20 11.56 * * Watershed Laborer 11.65 11.99 * * School Grounds Maintenance Foreman 11.52 11.89 * * - A1 - APPENDIX A (continued) *The June 8, 1985 hourly wage rates for provisional, regular and probationary employees working in the classes of Unskilled Laborer and Plasterer's Tender shall be the rates as shown below LESS the average cost of sick leave usage, holidays, pensions and vacation for the calendar years of 1984 and less the average cost of health and life insurance for the period May, 1984 thru April, 1985. Said average costs shall be based on all employees working in classes represented by Local 132. Effective 6-08-85 Unskilled Laborer $15.85 Effective 6-08-85 Plasterer's Tender $18.53 The cents per hour adjustment in the hourly rate for Unskilled Laborer which results from the above calculations shall be applied to the classes listed below on the same dates as the Unskilled Laborer ad�ustments. Asphalt Raker Mortar Mixer Asphalt Shoveler Public Works Laborer Bridge Crew Leader Sanitation Laborer Bridge Laborer School Grounds Maintenance Foreman Building Laborer Sewer Crew Leader Ditch Digger Sewer Laborer Garden Laborer Sewer Maintenance Laborer Gardener Tamper Grounds Crew Leader Tunnel Laborer Groundsworker Vibrator Operator Jackhammer Operator Water Laborer Kettle Fireman Water Serviceman I Labor Crew Leader Water Serviceman II (Connections) Miner Water Serviceman II (Mains) Miner-Water Department Watershed Laborer Schools Labor Crew Leader Water Service Worker-Control Desk - A2 - . ��f��y APPENDIX A ( continued) GROUP $ Effective Effective 5-26-84 6-08-85 Air Compressor Oper. $12.41 * Bituminous Curb Machine Operator 12.41 * Mixer Engineer 12.41 * Roller Engineer (Under 6 tons) 12.41 * Tractor Oper. I 12.41 * *The June 8, 1985 hourly wage rate for provisional, regular and probationary employees working in the class of Tractor Operator I shall be the rate as shown below LESS the average cost of sick leave, holidays, pensions and vacation for the year 1984 and less the average cost of health and life insurance for the period May, 1984 thru April, 1985. Said average costs shall be based on all employees working in classes represented by Local 49. Effective 6-08-85 Tractor Operator I $16.48 The cents per hour ad�ustment in the hourly rate for Tractor Operator I which results from the above calculations shall be applied to the classes listed below on the same dates as the Tractor Operator I ad�ustments. Air Compressor Operator Bituminous Curb Machine Operator Mixer Engineer Roller Engineer (Under 6 tons) - A3 - APPENDIX A (continued) GROUP C Effective Effective 5-26-84 6-08-85 Asphalt Batcherman $14.12 * Asphalt Plant Operator 14.12 * Backfiller Operator 14.12 * Bituminous Spreader Operator 14.12 * Heavy Equip. Oper. 14.12 * Heavy Equip. Oper.- Asphalt Plant 14.12 * Heavy Equip. Oper.-Water Dept. 14.12 * Hoisting Engineer 14.12 * Jet Sewer Cleaner Operator 13.76 * Motor Equip. Operator 14.12 * Motor Equip. Operator- Water Department 14.12 * Motor Patrol Operator 14.12 Paving Breaker (Hydra Aammer Operator) 14.12 * Power Clam Operator 14.12 * Power Shovel Operator 14.31 * Pulvimixer Operator 14.12 * Pumperete Operator 14.20 * Revolving Power Equipment Operator 14.31 * Roller Engineer (6 tons or over) 14.12 * Snow-Go Operator 14.12 * Sweeper Operator 14.12 * Tractor Operator II 14.12 * Tractor Operator II (Backhoe) 14.12 * *The June 8, 1985 hourly wage rate for provisional, regular and probationary employees working in the class of Heavy Equipment Operator shall be the rate as shown below LESS the average cost of sick leave, holidays, pensions and vacation for the calendar year of 1984 and less the average cost of health and life insurance for the period May, 1984 thru April, 1985. Said average costs shall be based on all employees working in classes represented by Local 49. Effective 6-08-85 Heavy Equipment Operator $18.77 The cents per hour ad,justment in the hourly rate for Heavy Equipment Operator which results from the above calculation shall be applied to the classes listed below on the same dates as the Heavy Equipment Operator adjustments. - A4 - . � � �!-�gy APPENDIX A (continued) Asphalt Batcherman Asphalt Plant Operator Backfiller Operator Bituminous Spreader Operator Hoisting Engineer Heavy Equipment Operator-Asphalt Plant Motor Equip. Oper.-Water Dept. Motor Equipment Operator Paving Breaker (Hydra Hammer Motor Patrol Operator Operator) Power Clam Operator Pulvimixer Operator Power Shovel Operator Revolving Power Equip. Operator Pumperete Operator Snow-Go Operator Roller Engineer (6 tons or over) Tractor Operator II Sweeper Operator Tractor Operator II (Backhoe) Jet Sewer Cleaner Operator GROUP D Effective Effective 5-26-84 6-08-85 Truck Driver $11.47 * *The June 8, 1985 hourly wage rate for provisional, regular and probationary employees working in the class of Truck Driver shall be the rate as shown below less the average cost of sick leave usage, holidays, pensions and vacation for the calendar year of 1984 and less the average cost of health and life insurance for the period May, 1984 thru April, 1985. Said average costs shall be based on all employees working in classes represented by Local 120. Effective 6-08-85 Truck Driver $15.80 GROUP E Effective 5-26-84 Effective 6-08-85 After After Start 6 mos Start 6 mos Tree Trimmer I $11.20. ¢11.56 * * Tree Trimmer II 11.56 11.98 * * Forestry Crew Leader 12.56 -- * --- - A5 - APPENDIX A (continued) The June 8, 1985 hourly wage rate for provisional, regular and probationary employees working in the class of Tree Trimmer II shall be the rate as shown below less the average cost of sick leave usage, holidays, pensions and vacation for the calendar year of 1984 and less the average cost of health and life insurance for the period May, 1984 thru April, 1985. Said average costs shall be based on all employees working in the classes of Tree Trimmer I and Tree Trimmer II Effective 6-08-85 Tree Trimmer II 15.85 The June 8, 1985 hourly wage rate for provisional, regular and probationary employees working in the class of Tree Trimmer I shall be the April 27, 1985 hourly wage rate applicable to the class of Groundsworker. For the purpose of this Appendix A, the term pension shall not include Social Security. - A6 - . ��y��Y APPENDIX A (continued) Effective upon the effective date of this contract the following premium pay provisions shall apply: A. Truck Drivers assigned to drive tandem trucks shall receive 20� per hour above the base rate of Truck Driver for each hour or any part thereof worked in such an assignment. B. Any employee in this bargaining unit assigned to operate a Chipping Hammer shall receive 20� per hour above their regular base rate for each hour or any part thereof worked in such an assignment. C. Any employee in this bargaining unit assigned to operate a Chain Saw, except employees working under the titles of Tree Trimmer I or Tree Trimmer II, shall receive 20G per hour above their regular base rate for each hour or any part thereof worked in such an assignment. D. Any employee in this bargaining unit assigned to perform the duties of a Tender for a Bricklayer or Blocklayer shall receive 15� per hour above their regular base rate for each hour or any part thereof worked in such an assignment. E. Any Groundsman or Water Shed Laborer assigned to operate a Chipping Machine shall receive 25� per hour above their regular base rate for each hour or any part thereof worked in such an assignment. F. Any employee in this bargaining unit required to work eight (8) feet or lower beneath ground shall receive 25� per hour above their regular base rate for each hour or any part thereof worked in such an assignment. This provision shall not apply to employees working under the titles of Ditch Digger, Water Serviceman II (Connections) or Water Serviceman II (Mains). - A7 - APPENDIX A (continued) G. Any employee in this bargaining unit other than employees holding regular appointments to the class of Jackhammer Operator, assigned to operate a Jackhammer, shall receive 20G per hour above their regular base rate for each hour or any part thereof worked in such an assignment. H. Any employee in this bargaining unit, other than an employee who holds a regular appointment in the class of Mortar Mixer, assigned to operate a Mortar Mixer, shall receive 15� per hour above their regular base rate for each hour or any part thereof worked in such an assignment. I. Any Tree Trimmer II in this bargaining unit assigned to operate the large Tree Spade shall receive 50� per hour above their regular base rate or any part thereof worked in such an assignment. J. Any Tree Trimmer II in this bargaining unit assigned to operate the Stemp Chipper shall receive S0� per hour above their regular base rate or any part thereof worked in such an assignment. K. Any Tree Trimmer II regularly assigned to the crew performing tree triuuning duties in assisting Northern States Power Company shall receive 40� per hour above their regular base rate or any part thereof worked in such an assignment. - A8 - ��y,�q� APPENDIX B The hourly rates for temporary and emergency employees working in the classes listed below are as shown: Effective Effective 5-26-84 6-08-85 Asphalt Raker $12.50 $12.90 Asphalt Shoveler 12.50 12.90 Bridge Crew Leader 12.95 13.35 Bridge Laborer 12.45 12.85 Building Laborer 12.50 12.90 Ditch Digger 12.70 13.10 Jackhammer Operator 12.55 12.95 Kettle Fireman 12.35 12.75 Labor Crew Leader 12.95 13.34 Miner 13.05 13.45 Miner-Water Department 13.05 13.45 Mortar Mixer 12.50 12.90 Public Works Laborer 12.35 12.75 Sanitation Laborer 12.35 12.75 Schools Labor Crew Leader 13.30 13.70 Sewer Crew Leader 13.30 13.70 Sewer Laborer 12.70 13.10 Sewer Maintenance Laborer 12.70 13.10 Stores Laborer 12.35 12.75 Tamper 12.55 12.95 Tunnel Laborer 12.70 13.10 Unskilled Laborer 12.35 12.75 Vibrator Operator 12.55 12.95 Water Laborer 12.35 12.75 Water Serviceman I 12.45 12.85 Water Serviceman II (Connections) 12.80 13.20 Water Serviceman II (Mains) 12.80 13.20 For temporary and emergency employees working in the above titles the following fringe benefit contributions shall be made to the Minnesota Laborers' Fringe Benefit Fund. Effective Effective 5-26-84 6-08-85 Health and Welfare 1.10 ,$1.35 Pension 1.35 1.35 Vacation .40* .40* *Tfiis 40� contribution is taxable. - B1 - APPENDIX B (continued) The hourly wage rates for temporary and emergency employees working the the class listed below are as shown: Effective Effective 5-26-84 6-08-85 Plasterer's Tender $15.43 $15.43 For temporary and emergency employees working in the above title the following Fringe Benefit contributions shall be made to the Minnesota Laborers Fringe Benefit Fund. Effective Effective 5-26-84 6-08-85 Health and Welfare 1.10 $1.35 Pension 1.35 1.35 Vacation .40* .40* *This 40� contribution is taxable. The hourly rates for temporary and emergency employees working in the classes listed below are as shown: Effective Effective 5-26-84 6-08-85 Air Compressor Operator 13.22 $13.58 Asphalt Batcherman 15.34 15.87 Asphalt Plant Operator 15.34 15.87 Backfiller Operator 15.34 15.87 Bituminous Curb MaChine Operator 13.22 13.58 Bituminous Spreader Operator 15.34 15.87 Heavy Equip. Oper.-Asphalt Plant 15.34 15.87 Heavy Equip. Oper.-Water Dept. 15.34 15.87 Hoisting Engineer 15.34 15.87 Jet Sewer Cleaner Operator 14.71 15.51 Mixer Engineer 13.22 13.58 Motor Equipment Operator 15.34 15.87 Motor Equipment Oper.-Water Dept. 15.34 15.87 Motor Patrol Operator 15.34 15.87 Paving Breaker (Hydra Hammer Oper.) 15.34 15.87 Power Clam Operator 15.34 15.87 Power Shovel Operator 15.63 16.17 Pulvimixer Operator 15.34 15.87 Pumperete Operator 15.46 15.99 Roller Engineer (Under 6 tons) 13.22 13.58 Roller Egnineer (7 tons or over) 15.34 15.87 Sno-Go Operator 15.34 15.87 S�aeeper Operator 15.34 15.87 Tractor Operator I 13.22 13.58 Tractor Operator II 15.34 15.87 Tractor Operator II (Backhoe) 15.34 15.87 For temporary and emergency employees working in the above titles the following fringe benefits shall be made to Funds designated by IUOE, Local 49. Effective Effective 5-26-84 6-08-85 Health and Welfare 1.70 1.95 Pension .90 .90 Apprentice Training .05 .OS - B2 - _ ��y APPENDIX B (continued) The hourly wage rates for temporary and emergency employees working in the classes listed below are as shown: Effective Effective 5-26-84 6-08-85 Truck Driver �15.15 15.45 Truck Drivers assigned to drive a tandem truck shall receive 20C per hour above the base rate for Truck Driver for each hour worked in such assignment. For the purpose of this Appendix "B" regular employees who are laid off and not working under a� title shall receive the rates of pay shwon below when they work on a temporary or emergency basis. No additional fringe benefit contributions shall be made for such hours worked. No City fringe benefits shall be earned or accrued for such hours worked. Effective Effective 5-26-84 6-08-85 Heavy Equipment Operator 17.30 $18.U5 Truck Driver 14.57 14.95 Unskilled Laborer 14.62 15.24 Tractor Operator I 15.26 15.85 Regular employees who continue to work under at least one title and who also work on a temporary or emergency basis shall receive the regular rate of pay for such titles and shall continue to earn and accrue City benefits for such hours worked. The hourly wage rates for temporary and emergency employees working in classes listed below shall be the same as the wage rates applicable to provisional, regular and probationary employees working in said classes as shown in Appendix A. Garden Laborer Gardener Groundsworker Playground Custodian Resident Groundsman School Grounds Maintenance Foreman Water Shed Laborer Water Service Worker-Control Desk For temporary and emergency employees working in the above titles the following fringe benefit contributions shall be made to the Minnesota Laborers' Fringe Benefit Fund. Effective Effective 5-26-84 6-08-85 liealth and Welfare 1.10 1.35 Pension 1.35 1.35 Vacation .40* .40* *This 40� contribution is taxable. - B3 - APPENDIX B (continued) The hourly wage rates for temporary and emergency employees working in classes listed below shall be the same as the wage rates applicable to provisional, regular and probationary employees working in said classes as shown in Appendix A. Forestry Crew Leader Tree Triu�mer I Tree Trimmer II For temporary and emergency employees working in the above titles the following fringe benefits shall be made to funds designated by IUOE, Local 49. Effective Effective 5-26-84 6-08-85 Health and Welfare 1.70 1.95 Pension .90 .90 Apprentice Training .05 .05 - B4 - . ��`��9� APPENDIX C The following are special provisions for Truck Driver seniority: All Truck Drivers hired subsequent to July 1, 1970, except the six who were hired with the promotion rights from the April 7, 1975 eligible list by Departments others than Public Works, will be laid off at the end of December 1, 1978. Subsequent to December 1, 1978, the Public Works Department shall hire fram the layoff list all Truck Drivers who will be needed throughout the City for the remainder of the year. Subsequent to December 1, 1978, all reinstatements and new appoint- ments will be made to the Public Works Department. Department or division promotion rules shall not apply to the classification of Truck Driver Any Truck Driver taking an examination on a pramotional basis for any other title shall be considered a promotional candidate in the department in which he is working on the date of the examination regardless of the fact that such employee appears as Truck Driver on the Public Works Department payroll. No change in assignment shall be made for the purpose of changing the department in which the employee qualifies as a promotional candidate under this article. Employees appointed from the promotion list of the March 3, 1978, Truck Driver eacamination shall have Truck Driver seniority in the same order as the order in which their names appear on the pramotional eligible list from which they were appointed. This does not apply to employees appointed from this list to the Board of Education. - Cl - , ., . �, _ _ _ � �i/'�7 i !' Personnel Of f ice DEPARTI�IENT ,jQa�Prtp Snha�A rONTACT 298-4221 PHONE �� . Jtxne 5 19 4 DATE r �/ . (Routing and Explanation Sheet) r'�. Assiqn Number for Routing Order (Clip All Locations for Mayoral Signature): � partment Director ' City Attorney 3 Oi rector of Management/Mayor �� RECE�V Fi nance and. Management Servi ces Di rector ,��'�� (/N � �D City Clerk � �984 Budget Di rector MAy�RS�FF/C F What Will be Achieved by Taking Action on the Attached Materials? (Purpose/Rationale): This resolution approves the two year contract between the City and the Tri-Council barg�ining unit. This agreement includes the changes on the attached sheet. Finan ' Bud eta and Personnel Im acts °ci ated: -26-84 thru.6-7-85: cost reduced $877,000 6-8-85 thru 4-30-86: $509,000 increase undin Sour.ce and Fund Activit Numbe ar ed or Credited: Attachments (List and Number all Attachments�: 1. Resolution 2. Agreement 3. Copy for City Glerk DEPARTMENT REVIEW CITY ATTORNEY REVIE4J Yes No Council Resolution Required? Resolution Required? Yes No Yes No Insurance Required? Insurance Sufficient? Yes No �/� Yes No Insurance Attached? Revision of October, 1982 ` ISpQ RPVPI^CP Sidp for �Instructions) i c ��Y'�7� 1984-85 Agreement between the City and the Tri-Council - Laborers Local 132, Truck Drivers Local 120 and Operating Engineers Local 49. 1. Article III - Union Rights. City will honor more favorable wages negotiated by the Union with another employer. 2. Article IV - Management Rights. City will apply less favorable wages to City employees if Union negotiates less favorable wages with another employer. 3. Article IX - Insurance. Employer will pay up to the Group Health premium for single coverage and up to one-half of the Group Health premium for dependent coverage. 4. Article XIII - Holiday - Martin Luther King Day as an additional holiday effective 1986. 5. Article XV - Severance Pay - New severance pay plan with a maximum of $6,500 and a minimum age of 58 or retiring under the "Rule of 85" or the "Rule of 90". 6. Wages. The contract implements the total package negotiated by the Union with the AGC contractors. This results in a reduction effective May 26, 1984. The reductions are as follows: Laborers $1.05 per hour Truck Driver .95 per hour Equip. Operators .78 per hour Effective June 8, 1985, total package increases will be as follows: Laborers $ .60 per hour Truck Drivers .60 per hour Equip. Operators .78 per hour