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84-1733 WMITE - CiTV Ct.ERK L PINK - FINANCE COUflC1I . A _ / /� BLUERV - MAVORTMENT GITY OF SAINT PAUL. �Y << — // 3 , File N 0. ouncil Resolution Presented By Referred To Committee: Date Out of Committee By Date RE50LVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1985-1986 Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul Manual and Maintenance Supervisors Association. Approved: CIVIL SER CE COMMISSION, CHAIR � COUfVCILMEN Requested by Department of: Yeas � Nays °re1N � [n Favor Masanz Nicosia schetbe� __ Against BY Tedesco Wilson `�0� � e� DEC Form Appr ed by it y Adopted by Council: Date � 7 � � Certified Pass by unc'1 c BY gy, t#p by Nlavor: Date ��' � � "�� App e by Mayor for Subm' io o Cdimcil BY B ��Q��i��'J .��'�._ , .. !;;'��J 7 Personnel Office _ DEPARTIIENT �� 3� �ea.,et p s�t,A.+t,� --- �ONTACT 298_4221 pHONE �� 1]ecember 6y 19A4 DATE _ � (Routing and Explanation Sheet) Assign Number,far Routing Order (Clip All Locations for Mayoral Signature): �epartment Director Ci ty Attorney �� 3 Di rector of Management/Ma�yor � ^,► � ) � F i n a n c e a n d M a n a g e m e n t S e r v i c e s D i re c t o r l�l City Clerk �.. Budget Director Mhat Will be Achieved by Taking Action on the Attached Materials? (Purpose/Rationale): This resolution approves a three year �1985-1986-1987) contract with the St. Paul Manual Maintenance Supervisors Association. The new contract includes caps on the City contri- bution toward the premiums as well as i.mplementing the new insurance plan. Other changes include the new standard severance pay plan with a maxi.mum payment of $6500 with a minimum age of 58, an administrative service fee article, a change in the overti.me payment and wages. The wage increase is 4.5� each year. Financial , Budgetary and Personnel Impacts Anticipated: 1985: $90,773 1986: 94,850 1987: 99,108 Funding Source and Fund Activity Number Cha d or Credited: �t'tachments (List and Number all Attachments): l. Resolution 2. Agreement 3. Copy for City Clerk � DEPA ENT REVIEW CITY ATTORNEY REYIEbI � / Yes o Council Resolution Required? Resolution Required? Yes No Yes Insurance Required? Insurance Sufficient? Yes No�/� Yes No Insurance Attached? Revision of October, 1982 (�� RPVPI"CP Sic1P for Instructions) ��l f�� 1985-1986-1987 LABOR AGREEMENT BETWEEN THE CITY OF SAINT PAUL AND THE ST. PAUL MANUAL & MAINTENANCE SUPERVISORS ASSOCIATION � ��i ��.�3 INDEX ARTICLE TITLE PAGE I Purpose of Agreement 1 II Recognition 2 III Maintenance of Standards Q IV Employer Security 5 V Employer Authority 6 VI Association Security 7 VII Employee Rights-Grievance Procedure 9 VIII Savings Clause 13 IX Seniority 14 X Discipline � 16 XI Constitutional Protection 17 XII Overtime and Premiums lg XIII Uniforms 20 XIV Vacation 21 XV Holidays 22 XVI Insurance 23 XVII Mileage 2� XVIII Severance Pay 28 XIX Working Out of Classification 29 XX Maternity Leave 30 XXI No Strike, No Lockout 31 XXII Subcontracting 32 XXIII Administrative Service Fee 33 XXIV Wage Schedule 34 XXV Term of Agreement 40 - ii - . � �� I�3�3 ARTICLE I - PURPOSE OF AGREEMENT 1.1 This AGREEMENT is entered into between the City of Saint Paul, hereinafter called the EMPLOYER, and the St. Paul Manual and Maintenance Supervisors Association, hereinafter called the ASSOCIATION. 1.11 Assure sound and mutually beneficial working and economic relationships between the parties hereto; � 1.12 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.13 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. 1.2 The EMPLOYER and the ASSOCIATION through th3s AGREEMENT, shall continue their dedication to the highest quality public service to the residents of the City of Saint Paul. Both parties recognize this AGREEMENT as a pledge of this dedication. - 1 - ARTICLE II - RECOGNITION 2.1 The EMPLOYER recognizes the ASSOCIATION as the exclusive representative, under the Public Employment Labor Relations Act of 1971 as amended, for all personnel in the following bargaining unit: All manual maintenance supervisors in the classification of Assistant Supervisor of Custodians, Bridge Foreman, Building Maintenance Supervisor-Fire Department, Building Maintenance Supervisor-Libraries, Building Maintenance Supervisor-Parks and Recreation, Chief Meter Repairman, Civic Center Foreman, Dispatcher I, District Foreman, Equipment Maintenance Foreman, Field Supervisor, Fireman-Mechanic Foreman, Foreman-Water Department, Forestry Supervisor I, Forestry Supervisor II, Greenskeeper, Maintenance Foreman-Water Department, Mechanic Foreman-Municipal Garage, Mechanic Foreman-Water Department, Park Foreman, Public Works Foreman I, Public Works Foreman II, Public Works Foreman III, Sanitation Foreman, Sewer Foreman I, Sewer Foreman II, Sewer Foreman III, Supervising Gardener, Supervisor of Custodian, Supervisor of Garbage Collection, Supervisor of Lime Recovery Plant, Supervisor of Pumping, Supervisor of School Ground Maintenance, Traffic Maintenance Foreman I, Traffic Maintenance Foreman II, Water Serviceman Foreman, Water-Shed Foreman I, Water-Shed Foreman II, and Zoo Foreman who are employed for more than fourteen (14) hours per week and more than one hundred (100) work days per year by the City of St. Paul or who are under the control of the City of St. Paul in the setting of terms and conditions of employment, excluding all other employees. 2.2 In the event the EMPLOYER and the ASSOCIATION are unable to agree as to the inclusion or exclusion of a new or modified �ob class, the issue shall be submitted to the Bureau of Mediation Services for determination. It is understood that this provision shall refer to the Buresu of Mediation Services only such issues as it has jurisdiction over by law. 2.3 The EMPLOYER shall not enter into any agreements covering terms and conditions of employment with the employees of the bargaining unit under the 3urisdiction of this AGREEMENT either individually or collectively which in any way conflicts with the terms and conditions of this AGREEMENT, except through the certified representative. - 2 - � �� ARTICLE II - RECOGNITION (continued) 2.4 Neither the ASSOCIATION nor the EMPLOYER shall discriminate against any employee because of ASSOCIATION membership or nonmembership, or because of his race, color, sex, religion, national origin, or political opinion or affiliations. 2.5 All existing Civil Service Rules shall apply except those superceded by this AGREEMENT. - 3 - ARTICLE III - MAINTENANCE OF STANDARDS 3.1 The City agrees that all conditions of employment relating to wages, hours of work, overtime differentials, vacations and general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul and St. 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 - � ��.�3 ARTICLE IV - EMPLOYER SECURITY 4.1 The ASSOCIATION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with the normal functions of the II�PLOYER. - 5 - ARTICLE V - II�PLOYER AUTHORITY 5.1 The EMPLOYER retains the sole right to operate and manage all manpower, facilities and equipment in accordance with applicable laws and regulations of appropriate authorities. 5.2 Any terms and conditions of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. 5.3 The exercise by the EMPLOYER of, or its waiver of, or its failure to exercise its full right of management or decision on any matter or occasion, shall not be a precedent or be binding on the EMPLOYER, nor the subject or basis of any grievance not admissible in any ar- bitration proceeding. The EMPLOYER'S right of management shall not be amended or limited by any claimed or unwritten custom, past practice or informal agreement, nor by any claim the EMPLOYER has claimed or condoned or tolerated any practice or any act or acts of any EMPLOYEES. 5.4 A public EMPLOYER is not required to meet and negotiate on matters of inherent managerial policy which include, but are not limited to such areas of discretion or policy as the functions and programs of the EI�LOYER, its overall budget, utilization of technology and or- ganizational structure and selection and direction and number of personnel. - 6 - . � ��i�� ARTICLE VI ASSOCIATION SECURITY 6.1 The EMPLOYER shall deduct from the wages of the employees who authorize such a deduction in writing an amount necessary to cover monthly ASSOCIATION dues. Such monies shall be remitted as directed by the ASSOCIATION. � 6.2 The ASSOCIATION may designate employees from the bargaining unit to act as stewards and alternates and shall inform the EMPLOYER in writing of such choices and of changes in the positions of stewards and/or alternates. It is further understood that the number and locations of stewards shall be limited and confined to numbers and locations as are necessary and reasonable to administer the provisions of this AGREEMENT. 6.3 The EMPLOYER shall make space available on the employee bulletin board for the posting of ASSOCIATION notice(s) and announcements(s). 6.4 The ASSOCIATION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or �udgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. 6.5 The EMPLOYER agrees that on the ENIPLOYER'S premises and without loss of pay the ASSOCIATION stewards shall be allowed to post official ASSOCIATION notices of the designated representatives; transmit communications authorized by the ASSOCIATION or its officers under the terms of this contract; consult with the Employer, his representative, ASSOCIATION officers or the ASSOCIATION representative concerning the enforcement of any provisions of this AGREEMENT, so long as such action does not interfere with regular Employee duties and is reasonable and necessary. - 7 - ARTICLE VI - ASSOCIATION SECURITY (continued) 6.6 Stewards are authorized to perform and discharge the duties and responsibilities which are assigned to them under the terms of this AGREEMENT and any supplementary AGREEMENTS. The EMPLOYER agrees that there shall be no restraint, interference, coercion or discrimination against a steward because of the performance of such duties. 6.7 Any present or future employee who is not a ASSOCIATION member may be required to contribute a fair share fee for services rendered by the ASSOCIATION. Upon notification by the ASSOCIATION, the EMPLOYER shall check off said fee from the earnings of the employee and transmit the same to the ASSOCIATION. In no instance shall the required contribution exceed a pro-rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shall remain operative only so long as specifically provided by Minnesota law, and as otherwise legal. It is also understood the the ASSOCIATION agrees to indemnify and hold the ENIPLOYER harmless against any and all claims, suits, orders or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this section. - 8 - �"�- / �33 • ARTICLE VII - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 Association Representatives - The II�IPLOYER will recognize Representatives designated by the ASSOCIATION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The ASSOCIATION shall notify the EMPLOYER in writing of the names of such ASSOCIATION representatives and of their successors when so designated as provided by 6.2 of this AGREEMENT. 7.3 Processing of a Grievance - It is recognized and accepted by the ASSOCIATION and the ENNIPLOYER that the processing of grievances as hereinafter provided is limited by the �ob duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and a ASSOCIATION Representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the ASSOCIATION Representative have notified and received the approval of the designated supervisor who has determined that such abaence is reasonable and would not be detrimental to the work programs of the II�LOYER. 7.4 Procedure - Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: Stiep 1. An Employee claiming a violation concerning the inter- pretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the F,MPLOYER. - 9 - ARTICLE VII - EMPLOYEE RIGHTS - GRIEVANCE PROCIDURE (continued) The EMPLOYER-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within � (10) calendar days after the EMPLOYER-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the ASSOCIATION within ten (10) calendar days shall be coasidered waived. Step 2. If appealed, the written grievance shall be presented by the ASSOCIATION and discussed with the II�LOYER-designated Step 2 repre- sentative. The EMPLOYER-designated representative shall give the ASSOCIATION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the ASSOCIATION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the ASSOCIATION and discussed with the II�'LOYER-designated Step 3 repre- sentative. The II�'LOYER-designated representative shall give the ASSOCIATION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the II�LOYER-designated representative's final answer in Step 3. -10 - � C�,��y_��.�3 ARTICLE VII - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) Any grievance not appealed in writing to Step 4 by the ASSOCIATION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the ASSOCIATION shall be submitted to arbitration sub�ect to the pro- visions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as establishd by the Public Employment Relations Board. 7.5 Arbitrator's Autho�ity - A.The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted 3n writing by the EM1'LOYER and the ASSOCIATION, and shall have no authority to make a decision on ar►y other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modi£ying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the ASSOCIATION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. - 11 - ARTICLE VII - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) C. The fees and expenses for the arbitrator's services and proceed- ings shall be borne equally by the EMPLOYER and the ASSOCIATION provided that each party shall be responsible for compensating its own represeatatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 Waiver - If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the II�LOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the epecified time limits, the ASSOCIATION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be eactended by mutual written agreement of the EMPLOYER and the ASSOCIATION in each step. 7.7 It is understood by the ASSOCIATION and the EMPLOYER that, if an issue is determined by this grievance that issue shall not again be submitted for arbitration under the provision of the Rules and Regulations of Civil Service. It is further understood that if an issue is submitted and determined by the grievance procedure under the Civil Service Rules and Regulations, it shall not again be submitted for arbitration under the procedurea set forth in this Article. - 12 - c� ��_,'33 ARTICLE VIII - SAVINGS CLAUSE 8.1 This AGREEMENT is sub�ect to the laws of the United States, the State of Minnesota. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent �urisdiction from whose final �ud�ment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions shall continue in full force and effect. The voided provision may be renegotiated at the � written request of either party. All other provisions of this AGREEMENT shall continue in full force and effect. - 13 - ARTICLE IX - SENIORITY 9.1 Seniority, for the purpose of this AGREEMENT, shall be defined as follows: A. "City Seniority" - The length of continuous, regular and probationary service with the EMPLOYER from the last date of employment in any and all class titles. B. "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 aseignment held by an employee. 9.2 Seniority shall terminate when an employee retires, resigns, or is discharged. 9.3 Seniority shall not accumulate during an unpaid leave of absence, except when such leave is granted for a period of less than thirty (30) calendar days; is granted because of illnesa or injury; is granted to allow an employee to accept an appointment to the unclassified service of the EMPLOYER; or is granted to take an elected or appointed full-time position with the ASSOCIATION. 9.4 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 in inverse order of layoff, except that recall rights shall expire after one year of layoff. B. In cases where there are promotional series, such as Foreman I, Foreman II, Foreman III, etc. , when the number of employees in these higher titles is to be reduced, employees who have held lower titles - 14 - . ��{ r7�3 ARTICLE IX - SENIORITY (continued) 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. C. It is further understood that a laid off employee shall have the right to placement in any lower-paid class title, provided said employee has been previously certified and appointed in said lower-paid class title. In such cases, the employee shall first be 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. 9.5 To the extent possible, vacation perioda shall be assigned on the basis of "City Seniority", within each class, by division. It is however, understood that vacation assignments shall be sub�ect to the ability of the employer to maintain operations. 9.6 Promotions shall be handled in accordance with current Civil Service Rules and practices. 9.7 The II�IPLOYER shall post a seniority list at least once every six (6) months. - 15 - ARTICLE X - DISCIPLINE 10.1 The IIKPLOYER will discipline employees for 3ust cause only. Discipline will be in the form of: a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge. 10.2 Suspensiona, reductions and discharges will be in written form. 10.3 Employees and the ASSOCIATION will receive copies of written reprimands and notices of suspension and discharge. 10.4 Employees may examine all information in their EMPLOYER personnel files that coacerns work evaluation, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the EMPLOYER. 10.5 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or ASSOCIATION may request, and shall be entitled to a meeting with the II�LOYER repre- sentative 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. 10.6 An employee to be questioned concerning an investigation of disciplinary action shall have the right to request that a ASSOCIATION representative be present. 10.7 Grievances relating to this Article shall be processed in accordance with existing Civil Service procedures, except that oral and written reprimands shall be taken up in Step 3 of the grievance procedure under Article VII. - 16 - ��-��.�,3 ARTICLE XI CONSTITUTIONAL PROTECTION 11. 1 Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. - 17 - ARTICLE XII OVERTIME AND PREMIUMS 12. 1 Employees (with the exception of those covered in Section 12.2 hereof) shall be paid one and one-half (1�) times the regular rate of pay for work performed in excess of the regular work day and/or the forty (40) hour work week. 12.2 Section 12.1 hereof shall not be applicable to employees holding the following administrative positions: Building Maintenance Supervisor- Libraries; Building Maintenance SupervisorParks and Recreation; Field Supervisor; Public Works Foreman III, Sewer Foreman III; Supervisor of Custodial Services; Supervisor of Pumping; Supervisor of Lime Recovery Plant. Employees in the above classifications shall be paid straight time for work performed in excess of the regular work day and/or the forty (40) hour work week. 12.3 An employee who is called back to work following the completion of his regular work day shall be guaranteed four (4) hours pay at his regular straight time rate. 12.4 Ma�or holidays, for the purpose of this Section, shall include the following: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day. Minor holidays, for the purpose of this Section, shall include the following: Washington's and Lincoln's Birthday, Christopher Columbus Day, Veterans' Day. An employee working a ma�or holiday as defined herein shall receive time and onehalf (1'�) his regular rate of pay for all work performed on such holiday, and an employee working a minor holiday as defined herein shall receive straight time for such holiday work, it being understood that all payments for holiday work shall be in addition to regular holiday pay. - 18 - . ��y�-i7�� ARTICLE XII OVERTIME AND PREMIUMS (continued) 12.5 An employee shall be compensated in either compensatory time off or overtime payment in cash. 12.6 A night differential of five percent (57) shall be provided to employees who work night shifts as defined herein. A night shift will be considered to be a regularly assigned shift beginning earlier than 6 a.m., or ending later than 6 p.m. , provided that at least five (5) hours of said shift are worked between the hours of 6 p.m. and 6 a.m. It is further understood that in case of regularly assigned shifts beginning earlier than 6 a.m. or ending later than 6 p.m. which involve less than five (S) hours of work, an employee shall be eligible for the night differential only for the hours actually worked during night shift hours. - 19 - ARTICLE XIII UNIFORMS 13. 1 The EMPLOYER agrees that if any employee is required to wear any kind of uniform or safety equipment as a condition of continued employment, such uniform and/or equipment shall be furnished and maintained by the EMPLOYER. It is however, further understood that the EMPLOYER'S obligation to provide uniforms and/or safety equipment shall be confined to present practices and/or requirements of law. 13.2 Any uniform or safety equipment provided pursuant to this Article, damaged in the line of duty, shall be replaced by the II�LOYER, provided that said damage is not attributable to the negligence or other improper act of the employee. 13.3 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 �LOYER shall apply to those employees who must wear protective shoes or boots for their employment. _ 20 - . ��c�--/�33 ARTICLE XIV - VACATION 14.1 In each calendar year, each full-time employee shall be granted vacation according to the following schedule: Years of Service Vacation Granted 0 - 5 years 10 days 6 years thru 15 years 15 days 16 years thru 25 years 21 days 25 years or more 22 days 14.2 Employees who work less than full-time shall be granted vacation on a pro rata basis. 14.3 The head of the department may permit an employee to carry over into the following year up to ten days' vacation. 14.4 The above provisions of vacation shall be sub�ect to Resolution No. 6446, Section I, Sub. H. - 21 - ARTICLE XV HOLIDAYS 15.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Years Day Labor Day Martin Luther King Day (eff. 1986) Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day T�ao floating holidays Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 15.2 The floating holidays set forth in Section 15.1 above may be taken at any time during the contract year, subject to the approval of the Department Head of any employee. 15.3 Eligibility Requirements. In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an employee must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purpose of this section. It is further understood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. - 22 - � ��tf i73� ARTICLE XVI INSURANCE 16.1 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. 16.2 The EMPLOYER will for the period of this AGREEMENT provide for employees who retire after the time of execution of this AGREEMENT and until such employees reach sixtyfive (65) years of age such health insurance benefits as are provided by the EMPLOYER for such employees and such life insurance benefits as provided in this article. 16.3 Effective January 1,1985, for each employee who retires during the term of this AGREEMENT and is eligible for early retiree benefits under the terms set forth in this article and who selects employee insurance coverage, the EMPLOYER agrees to contribute the cost of such coverage or $118.62 per month, whichever is less. In addition for each eligible early retiree who selects dependent's insurance coverage, the EMPLOYER will contribute the cost of such dependent's coverage or $198.10 per month, whichever is less. Effective January, 1986, the dollar caps specified in this Article, 16.3, shall be ad�usted to equal the January, 1986 premium cost for the health insurance plan offered to the City by Blue Cross-Blue Shield for early retirees. In order to be eligible for City benefits under the early retiree provision, the Employee must: 16.31 Be receiving benefits from a public employee retirement act. 16.32 Have severed his/her relationship with the City of St. Paul under one of the early retiree plans. - 23 - ARTICLE XVI - INSURANCE (cont.) 16.3 (cont.) 16.33 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 �ligible for early retiree insurance benefits. 16.4 For each eligible employee covered by this AGREEMENT selecting a hea]_th insurance program supplied to the City, the City shall pay the entire cost of such coverage, or $70.00 per month whichever is less. For each employee selecting family coverage, the City shall pay the entire cost of such family coverage or $180.00 per month, whichever is less. 16.5 The Employer will attempt to prevent any changes in the benefits offered by the Health Maintenance Organizations plan. However, employees selecting one of the plans offered by one of the Health Maintenance Organizations agree to accept any changes in benefits which the specific Health Maintenance Or- ganization implements. The Fee for Service Health Plan is understood to be the plan designated Alternate 5 bid by Blue Cross-Blue Shield for January 1,1985. 16.6 The City agrees to contribute the cost for $5,000 of Life In- insurance Coverage for each employee who is eligible for such coverage or $2.07 per month, whichever amount is less. Any increase in this Life Insurance premium shall be paid by the employee. - 24 - . �,��'`�'��33 ARTICLE XVI - INSURANCE (cont.) 16.7 In addition to the $5,000 Life Insurance Coverage in 16.6 the EMPLOYER agrees to contribute the cost of additional Life Coverage or $0.59 per thousand dollars of coverage per month, whichever amount is less. The total amount of Life Insurance Coverage provided under this section and Section 16.6 for each -. employee shall be equal to the employee's annual salary to the nearest full thousand dollars. For the purpose of this section, the employee's annual salary shall be based on the salary as of the beginning of a contract period. This con- tribution shall be paid to the City's Group Health and Welfare Plan. - 25 - ARTICLE XVII CITY MILEAGE 17.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the � Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 17.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $3.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's position. In addition, the employee shall be reimbursed 15� per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reim- bursed at the rate of 15C per mile driven and shall not be eligible for any per diem. Type 2. If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reimbursed at the rate of $3.00 per day for each day of work. In addition, the employee shall be reimbursed 15� per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reim- bursed at the rate of 15C per mile driven and shall not be eligible for any per diem. 17.3 The City will provide parking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to have their personal car available for City business. Such parking will be provided only for the days the employee is required to have his or her own personal car available. 17.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the city clerk. - 26 - � �i,�� i�3� ARTICLE XVIII - SEVERANCE PAY 18.1 The employer shall provide a severance pay program as set forth in this Article. 18.2 To be eligible for the severance pay program, an employee must meet the following requirements: 18.21 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" or "rule of 85" provisions of the Public Employees Retirement Association (PERA) . 18.22 The employee must be voluntarily separated from City employment or have been sub3ect 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. 18.23 The Employee must have at least ten (10) years of service under the classified or unclassified Civil Service at the time of separation. 18.24 The Employee must file a waiver of re-employment with the Director of Personnel, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 18.25 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 18.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to 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. 18.4 The maximum amount of money that any employee may obtain through this severance pay program ie $6,500. - 27 - ARTICLE R�1III - SEVERANCE PAY (continued) 18.5 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, aad if the employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. 18.6 For the purpose of this severance program, a transfer from the City ' of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 18.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 18.8 This severance pay program shall be sub3ect to and governed by the pro- visions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this article shall control. 18.9 The provisions of this article shall be effective December 31, 1984. 18.10 Any employee hired prior to December 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. Any employee hired after December 31, 1984, shall only be entitled to the benefits of this article upon meeting the qualifications herein. - 28 - . ��/- �� ARTICLE XIX - WORKING OUT OF CLASSIFICATION 19.1 Any employee working an out-of-class assignment for a period in excess of fifteen (15) consecutive working days during any fiscal year of employer, shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth day of such assignment. For purposes of this article, an out-of-class assignment is defined as the full-time performance of all of the significant duties and responsibilities of a classification by an individual in another classification. For the purpose of this article, the rate of pay for an out-of-class assigtunent shall be the same rate the employee would receive if he was promoted to the higher classification. - 29 - ARTICLE XX MATERNITY LEAVE 20.1 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 anytime 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 - �"�-/733 ARTICLE XXI NO STRIKE, NO LOCKOUT 21.1 The ASSOCIATION and the EMPLOYER agree that there shall be no strikes, work stoppages, slow downs, sitdown, stay in, or other considered _ interference with the employers' business or affairs by the ASSOCIATION and/or the members thereof, and there shall be no bannering during the existence of this AGREEMENT without first using all possible means -- of peaceful settlement of any controversy that may arise. - 31 - ARTICLE XXII - RIGHT TO SUBCONTRACT 22.1 The EMPLOYER may, at anytime during the duration of this AGREEMENT, contract out work done by the employees covered by this AGREEMENT. In the event that such contracting would result in reduction of the work force covered by thia AGREEMENT, the EMPLOYER shall give the ASSOCIATION a ninety (90) calendar day notice of the intention to subcontract. - 32 - �� ,y"�� 3 ARTICLE XXIII - ADMINISTRATIVE SERVICE FEE 23.1 The ASSOCIATION agrees that an administrative service fee of fifty cents ($0.50) per member per month shall be deducted the City of St. Paul from the amount withheld for dues or fair share prior to remittance of dues or fair share to the ASSOCIATION. - 33 - ARTICLE XXIV - WAGE SCHEDULE The wage schedule for purposes of this contract shall be as follows: Effective January 5,1985: UNGRADED (Hourly Rates) Assistant Supervisor of Custodians $14.12 Dispatcher I (paid out of grade) $14.02 Custodial Supervisor-Civic Center $13.01 Painter General Foreman $17.69 0-6 mos after 6 mos Civic Center Foreman $11.75 $12.27 Custodian-Engineer (Public Safety Bldg) $14.14 $14.66 GRADED (Biweekly Rates) Sanitation Foreman lst 6 mos. after 6 mos. $1109.76 $1140.95 Chief Meter Repairman Forestry Supervisor I Greenskeeper Park Maintenance Supervisor Public Works Foreman I Sewer Foreman I Supervising Gardener Traffic Maintenance Foreman I Water Service Foreman Water Shed Foreman I Zoo Foreman lst 6 mos. after 6 mos. $1176.60 $1208.54 Bridge Maintenance Supervisor Building Maintenance Supervisor--Libraries Equipment Maintenance Foreman Foreman-Water Department Forestry Supervisor II Grounds and Labor Coordinator Public Works Foreman II Sewer Foreman II Supervisor of Garbage Collection Vehicle Mechanic Supervisor Water Shed Foreman II lst 6 mos. after 6 mos. $1241.96 $1277.62 - 34 - ' � �/�-/-(7 3 �i ARTICLE XXIV - (continued) Effective January 5, 1985 GRADED (Biweekly Rates) Supervisor of Lime Recovery Supervisor of Water Production Maintenance Traffic Maintenance Foreman II lst 6 mos. after 6 mos. $1314.78 �1354.87 Public Works Foreman III Sewer Foreman III lst 6 mos. after 6 mos. $1354.87 $1393.50 Building Maintenance Supervisor--Fire Supervisor of Pumping lst 6 mos. after 6 mos. $1431.38 $1472.97 Field Supervisor lst 6 mos. after 6 mos. $1475.23 $1519.04 Building Maintenance Supervisor--Parks and Rec. Supervisor of Custodial Services lst 6 mos. after 6 mos. $1519.77 $1565.08 FOOD SERVICE EQUIPMENT SPECIALIST (Hourly Rates) Start 6 Mos. 1 Yr. 2 Yrs. 3 Yrs. $11.56 $12. 14 $12.74 $13.38 $14.10 The above January 5, 1985 rates represent a four and one-half percent (4.5�) increase over the January 7, 1984 rates. - 95 - ARTICLE XXIV - WAGE SCHEDULE The wage schedule for purposes of this contract shall be as follows: Effective January 4, 1986 UNGRADED (Hourly Rates) Assistant Supervisor of Custodians $14.76 Dispatcher I (paid out of grade) $14.65 Custodial Supervisor-Civic Center $13.60 Painter General Foreman $18.49 0-6 mos. after 6 mos. Civic Center Foreman $12.28 $12.82 Custodian-Engineer (Public Safety Bldg) $14.78 $15.32 GRADED (Bi-weekly Rates) Sanitation Foreman lst 6 mos. after 6 mos. $1159.70 $1192.29 Chief Meter Repairman Forestry Supervisor I Greenskeeper Park Maintenance Supervisor Public Works Foreman I Sewer Foreman I Supervising Gardener Traffic Maintenance Foreman I Water Service Foreman Water Shed Foreman I Zoo Foreman lst 6 mos. after 6 mos. $1229.55 $1262.92 Bridge Maintenance Supervisor Building Maintenance Supervieor--Lbiraries Equipment Maintenance Foreman Foreman-Water Department Forestry Supervisor II Grounde and Labor Coordinator Public Works Foreman II Sewer Foreman II Supervisor of Garbage Collection Vehicle Mechanic Supervisor Water Shed Foreman II lst 6 mos. after 6 mos. $1297.85 $1335.11 - 36 - . C/'�y-��3 ARTICLE XXIV - (continued) Effective January 4, 1986 GRADED (Bi-weekly Ra.tes) Supervisor of Lime Recovery Supervisor of Water Production Mainteaance Traffic Maintenance Foreman II lst 6 mos. after 6 mos. $1373.95 $1415.84 Public Works Foreman III -. Sewer Foreman III lst 6 mos. after 6 mos. $1415.84 $1456.21 Building Maintenance Supervisor--Fire Supervisor of Pumping lst 6 mos. after 6 mos. $1495.79 $1539.25 Field Supervisor lst 6 mos. after 6 mos. $1541.62 $1587.40 Building Maintenance Supervisor--Parks and Rec. Supervisor of Custodial Services lst 6 mos. after 6 mos. $1588.16 1635.51 FOOD SERVICE EQUIPMENT SPECIALIST (Hourly Rates) Start 6 Mos. 1 Yr. 2 Yrs. 3 Yrs. 12.08 $12.69 $13.31 $13.98 $14.73 The above rates represent a four and one-half (4.SY) increase over the January 5, 1985 rates. - 37 - ARTICLE XXIV - WAGE SCHEDULE The wage schedule for purposes of this contract shall be as follows: Effective January 3, 1987 UNGRADED (Hourly Rates) Assistant Supervisor of Custodians $15.42 Dispatcher I (paid out of grade) $15.31 Custodial Supervisor-Civic Center $14.21 Painter General Foreman $19.32 0-6 mos after 6 mos Civic Center Foreman $12.83 $13.40 Custodian-Engineer(Public Safety) $15.45 $16.01 GRADED (Bi-weekly Rates) Sanitation Foreman lst 6 mos. after 6 mos. $1211.89 $1245.94 Chief Meter Repairman Forestry Supervisor I Greenskeeper Park Maintenance Supervisor Public Works Foreman I Sewer Foreman I Supervising Gardener Traffic Maintenance Foreman I Water Service Foreman Water Shed Foreman I Zoo Foreman lst 6 mos. after 6 mos. $1284.88 $1319.75 Bridge Maintenance Supervisor Building Maintenance Supervisor--Libraries Equipment Maintenance Foreman Foreman-Water Department Forestry Supervisor II Grounds and Labor Coordinator Public Works Foreman II Sewer Foreman II Vehicle Mechanic Supervisor Water Shed Foreman II lst 6 mos. after 6 mos. $1356.25 $1395.19 - 38 - � �'�f �7 33 ARTICLE XXIV - (continued) Effective January 3, 1987 GRADED (Bi-weekly Rates) Supervisor of Lime Recovery Supervisor of Water Production Maintenance Traffic Maintenance Foreman II lst 6 mos. after 6 mos. $1435.78 $1479.55 - Public Works Foreman III Sewer Foreman III lst 6 mos. after 6 mos. $1479.55 $1521.74 Building Maintenance Supervisor--Fire Supervisor of Pumping lst 6 mos. after 6 mos. $1563.10 �1608.52 Field Supervisor lst 6 mos. after 6 mos. $1610.99 $1658.83 Building Maintenance Supervisor--Parks and Rec. lst 6 mos. after 6 mos. $1659.63 $1709.11 FOOD SERVICE EQUIPMENT SPECIALIST (hourly Rates) Start 6 Mos. 1 Yr. 2 Yrs. 3 Yrs. $12.62 $13.26 $13.91 $14.61 $15.39 The above rates represent a four and one-half percent (4.5�) increase over the January 4,1986 rates. - 39 - ARTICLE XXV TERM OF AGREEMENT 25.1 This Agreement shall be effective as of January 1, 1985 and shall continue in effect thru December 31, 1987. This Agreement shall not be extended orally and it is understood that it shall expire on the date indicated. 25.2 It is understood that this settlement shall be recommended by the City Negotiator, but is sub�ect to approval by the City Council and Civil Service Commission. 25.3 The Employer and�-the ASSOCIATION acknowledged that during the meeting and negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this agreement. Any and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this agree- ment are hereby superseded. In those areas where Civil Service Rules are not consistent with this AGREEMENT, the Civil Service Rules shall continue to be in effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this 5th day of December , 1984. THE ST. PAUL MANUAL AND MAINTENANCE CITY OF SAINT PAUL SUPERVISORS ASSOCIATION bor Rela on e or P ident - 40 - �/ - ,., wr��TE — ciTr CLERK . PINK � FINANCE COUflCll CANARV - DEPAqTMENT G I TY OF SA I NT PAU L File NO. �� L �� BLUE - MAY0�7 � � CITY CLERK Council Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul hereby approves and . ratifies the attached 1985-1986 Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul Manual and Maintenance Supervisors Association. Approved: CIVIL SERVICE COMMISSION, CHAIR COUNC[LMEN Requested by Department of: Yeas Nays Fletcher °r81nr [n Favor �F.RS(�NNF.T. (�FFTCF. Masanz Nkosia Schefbsl Against BY Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Navor: Date Approved by Mayor for Submission to Council ' ' # � �/t/-i7 � 3 � 1985-1986-1987 LABOR AGREEMENT BETWEEN THE CITY OF SAINT PAUL AND THE ST. PAUL MANUAL & MAINTENANCE SUPERVISORS ASSOCIATION ' ��i73 � INDEX ARTICLE TITLE PAGE I Purpose of Agreement 1 II Recognition 2 III Maintenance of Standards q IV Employer Security 5 V Employer Authority ( VI Association Security 7 VII Employee Rights-Grievance Procedure 9 VIII Savings Clause 13 IX Seniority 14 X Discipline 16 XI Constitutional Protection 17 XII Overtime and Premiums lg XIII Uniforms 20 XIV Vacation 21 XV Holidays 22 XVI Insurance 23 XVII Mileage 2� XVIII Severance Pay 28 XIX Working Out of Classification 29 XX Maternity Leave 30 XXI No Strike, No Lockout 31 XXII Subcontracting 32 XXIII Administrative Service Fee 33 XXIV Wage Schedule 34 XXV Term of Agreement 40 - ii - , ��3 ARTICLE I - PURPOSE OF AGREEMENT 1.1 This AGREEMENT is entered into between the City of Saint Paul, hereinafter called the EMPLOYER, and the St. Paul Manual and Maintenance Supervisors Association, hereinafter called the ASSOCIATION. 1.11 Assure sound and mutually beneficial working and economic relationships between the partiea hereto; 1.12 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.13 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. 1.2 The EMPLOYER and the ASSOCIATION through th3s AGREEMENT, shall continue their dedication to the highest quality public service to the residents of the City of Saint Paul. Both parties recognize this AGREII�IENT as a pledge of this dedicatioa. - 1 - ARTICLE II - RECOGNITION 2.1 The EMPLOYER recognizes the ASSOCIATION as the exclusive representative, under the Public Employment Labor Relations Act of 1971 as amended, for all personnel in the following bargaining unit: All manual maintenance supervisors in the classification of Assistant Supervisor of Custodians, Bridge Foreman, Building Maintenance Supervisor-Fire Department, Building Maintenance Supervisor-Libraries, Building Maintenance Supervisor-Parks and Recreation, Chief Meter Repairman, Civic Center Foreman, Dispatcher I, District Foreman, Equipment Maintenance Foreman, Field Supervisor, Fireman-Mechanic Foreman, Foreman-Water Department, Forestry Supervisor I, Forestry Supervisor II, Greenskeeper, Maintenance Foreman-Water Department, Mechanic Foreman-Municipal Garage, Mechanic Foreman-Water Department, Park Foreman, Public Works Foreman I, Public Works Foreman II, Public Works Foreman III, Sanitation Foreman, Sewer Foreman I, Sewer Foreman II, Sewer Foreman III, Supervising Gardener, Supervisor of Custodian, Supervisor of Garbage Collection, Supervisor of Lime Recovery Plant, Supervisor of Pumping, Supervisor of School Ground Maintenance, Traffic Maintenance Foreman I, Traffic Maintenance Foreman II, Water Serviceman Foreman, Water-Shed Foreman I, Water-Shed Foreman II, and Zoo Foreman who are employed for more than fourteen (14) hours per week and more than one hundred (100) work days per year by the City of St. Paul or who are under the control of the City of St. Paul in the setting of terms and conditions of employment, excluding all other employees. 2.2 In the event the EMPLOYER and the ASSOCIATION are unable to agree as to the inclusion or exclusion of a new or modified �ob class, the issue shall be submitted to the Bureau of Mediation Services for determination. It is understood that this provision shall refer to the Bureau of Mediation Services only such issues as it has �urisdiction over by law. 2.3 The EMPLOYER shall not enter into any agreements covering terms and conditions of employment with the employees of the bargaining unit under the �urisdiction of this AGREEMENT either individually or collectively which in any way conflicts with the terms and conditions of this AGREEMENT, except through the certified representative. - 2 - � ��.�� ARTICLE II - RECOGNITION (continued) 2.4 Neither the ASSOCIATION nor the EMPLOYER shall discriminate against any employee because of ASSOCIATION membership or nonmembership, or because of his race, color, sex, religion, national origin, or political opinion or affiliations. 2.5 Al1 existing Civil Service Rules shall apply except those superceded by this AGREEMENT. � 3 — ARTICLE III - MAINTENANCE OF STANDARDS 3.1 The City agrees that all conditions of employment relating to wages, hours of work, overtime differentials, vacations and general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul and St. 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 - . �- �,�3� ARTICLE IV - EMPLOYER SECURITY 4.1 The ASSOCIATION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with the normal functions of the II�IPLOYER. - 5 - ARTICLE V - �LOYER AUTHORITY S.1 The EMPLOYER retains the sole right to operate and manage all manpower, facilities and equipment in accordance with applicable laws and regulations of appropriate authorities. 5.2 Any terms and conditions of employment not specifically established or -- modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. 5.3 The exercise by the EMPLOYER of, or its waiver of, or its failure to exercise its full right of management or decision on any matter or occasion, shall not be a precedent or be binding on the EMPLOYER, nor the sub�ect or basis of any grievance not admissible in any ar- bitration proceeding. The EMPLOYER'S right of management shall not be amended or limited by any claimed or unwritten custom, past practice or informal agreement, nor by any claim the EMPLOYER has claimed or condoned or tolerated any practice or any act or acts of any EMPLOYEES. 5.4 A public EMPLOYER is not required to meet and negotiate on matters of inherent managerial policy which include, but are not limited to such areas of discretion or policy as the functions and programs of the EMPLOYER, its overall budget, utilization of technology and or- ganizational structure and selection and direction and number of personnel. - 6 - � C��3.� ARTICLE VI ASSOCIATION SECURITY 6.1 The EMPLOYER shall deduct from the wages of the employees who authorize such a deduction in writing an amount necessary to cover monthly ASSOCIATION dues. Such monies shall be remitted as directed by the ASSOCIATION. 6.2 The ASSOCIATION may designate employees from the bargaining unit to act as sCewards and alternates and shall inform the EMPLOYER in writing of such choices and of changes in the positions of stewards and/or alternates. It is further understood that the number and locations of stewards shall be limited and confined to numbers and locations as are necessary and reasonable to administer the provisions of this AGREEMENT. 6.3 The EMPLOYER shall make space available on the employee bulletin board for the posting of ASSOCIATION notice(s) and announcements(s). 6.4 The ASSOCIATION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. 6.5 The EMPLOYER agrees that on the EMPLOYER'S premises and without loss of pay the ASSOCIATION stewards shall be allowed to post official ASSOCIATION notices of the designated representatives; transmit communications authorized by the ASSOCIATION or its officers under the terms of this contract; consult with the Employer, his representative, ASSOCIATION officers or the ASSOCIATION representative concerning the enforcement of any provisions of this AGREEMENT, so long as such action does not interfere with regular Employee duties and is reasonable and necessary. - 7 - ARTICLE VI - ASSOCIATION SECURITY (continued) � 6.6 Stewards are authorized to perform and discharge the duties and responsibilities which are assigned to them under the terms of this AGREEMENT and any supplementary AGREEMENTS. The EMPLOYER agrees that there shall be no restraint, interference, coercion or discrimination against a steward because of the performance of such duties. 6.7 Any present or future employee who is not a ASSOCIATION member may be required to contribute a fair share fee for services rendered by the ASSOCIATION. Upon notification by the ASSOCIATION, the EI�LOYER shall check off said fee from the earnings of the employee and transmit the same to the ASSOCIATION. In no instance shall the required contribution exceed a pro-rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shall remain operative only so long as specifically provided by Minnesota law, and as otherwise legal. It is also understood the the ASSOCIATION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or 3udgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this section. - 8 - , ARTICLE VII - IIKPLOYEE RIGHTS - GRIEVANCE PROCEDURE �� /�� , 7.1 Def inition of a Grievance - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of thia AGREEMENT. 7.2 Association Representatives - The II�LOYER will recognize Representatives designated by the ASSOCIATION as the grievance repreaentatives of the bargaining unit having the duties and respoasibilities established by this Article. The ASSOCIATION shall notify the EMPLOYER in writing of the • names of such ASSOCIATION representatives and of their successors when so designated as provided by 6.2 of this AGREEMENT. 7.3 Processing of a Grievance - It is recognized and accepted by the ASSOCIATION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the �ob duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties aad responsibilities. The aggrieved Employee and a ASSOCIATION Representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the ASSOCIATION Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 7.4 Procedure - Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: Step 1. An Employee claiming a violation concerning the inter- pretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violatioa has occurred, present such grievance to the Employee's supervisor as designated by the EMPLOYER. - 9 - ARTICLE VII - EMPLOYEE RIGHTS - GRIEVANCE PROCIDURE (continued) The II�LOYER-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within (10) calendar days after the EMPLOYER-designated represeatative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the ASSOCIATION within tea (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the ASSOCIATION and discussed with the EMPLOYER-desigaated Step 2 repre- sentative. The EMPLOYER-designated representative shall give the ASSOCIATION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the ASSOCIATION within tea (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the ASSOCIATION and discussed with the II�LOYER-designated Step 3 repre- sentative. The II�LOYER-designated representative shall give the ASSOCIATION the EMPLOYER'S answer in writing withia ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the E1�LOYER-designated representative's final answer in Step 3. -10 - � ��/�733 ARTICLE VII - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) Any grievance not appealed in writing to Step 4 by the ASSOCIATION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the ASSOCIATION shall be submitted to arbitration sub�ect to the pro- visions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as establishd by the Public Employment Relations Board. 7.5 Arbitrator's Authority - A.The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the ASSOCIATION, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the ASSOCIATION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. - 11 - ARTICLE VII - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) C. The fees and expenses for the arbitrator's services and proceed- ings shall be borne equally by the EMPLOYER and the ASSOCIATION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatitn record of the proceedinge, it may cause such a record to be made, providing it pays for the record. If both parties desire -• a verbatim record of the proceedings the cost shall be shared equally. 7.6 Waiver - If a grievance is not presented within the time limits set forth above, it shall be considered '4aaived". If a grievance is not appealed to the next atep within the specified time limit or any agreed extension thereof, it shall be coasidered settled on the basis of the II�iPLOYER'S last answer. If the EMPLOYER does not anawer a grievance or an appeal thereof within the specified time limits, the ASSOCIATION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the ASSOCIATION in each step. 7.7 It is understood by the ASSOCIATION and the EMPLOYER that, if an issue is determined by thie grievance that issue ahall not again be submitted for arbitration under the provision of the Rules and Regulations of Civil Service. It is further understood that if an issue is submitted and determined by the grievance procedure under the Civil Service Rules and Regulations, it shall not again be submitted for arbitration under the procedures set forth in this Article. - 12 - � �F ��-i7.�� ARTICLE VIII - SAVINGS CLAUSE 8.1 This AGREEMENT is sub�ect to the laws of the United States, the State of Minnesota. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent �urisdiction from whose final �udgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions shall continue in full force and effe�t. The voided provision may be renegotiated at the written request of either party. All other provisions of this AGREEMENT shall continue in full force and effect. - 13 - ARTICLE IX - SENIORITY 9.1 Seniority, for the purpose of this AGREEMENT, shall be defined as follows: A. "City Seniority" - The length of continuous, regular and probationary service with the EMPLOYER from the last date of employment in any and all class titles. B. "Class Seniority" - The length of continuous, regular and probationary service with the employer from the date an employee was first certiffed and appointed to a class title covered by this AGREEMENT, it being further understood that class seniority is confined to the current class asaignment held by an employee. 9.2 Seniority shall terminate when an employee retires, resigns, or is discharged. 9.3 Seniority shall not accumulate during an unpaid leave of absence, except when such leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or in�ury; is granted to allow an employee to accept an appointment to the unclassified service of the EMPLOYER; or is granted to take an elected or appointed full-time position with the ASSOCIATION. 9.4 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 in inverse order of layoff, except that recall rights shall expire after one year of layoff. B. In cases where there are promotional series, such as Foreman I, Foreman II, Foreman III, etc., when the number of employees in these higher titles is to be reduced, employees who have held lower titles - 14 - � �-r�- �y �73� ARTICLE IX - SENIORITY (continued) which are in this bargaining unit will be offered reductions to the highest of these titles to which class seniority would keep them from beiag laid off, before layoffs are made by any class title in any department. C. It is further understood that a laid off employee shall have the right to placement in any lower-paid class title, provided said employee has been previously certified and appointed in said lower-paid class title. In such cases, the employee shall first be 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. 9.5 To the extent possible, vacation periods shall be assigned on the basis of "City Seniority", within each class, by division. It is however, understood that vacation assignments shall be sub�ect to the ability of the employer to maintain operations. 9.6 Promotions shall be handled in accordance with current Civil Service Rules and practices. 9.7 The II�LOYER shall post a seniority list at least once every six (6) months. - 15 - ARTICLE X - DISCIPLINE 10.1 The ENIPLOYER 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. 10.2 Suspensions, reductions and discharges will be in written form. 10.3 Employees and the ASSOCIATION will receive copies of written reprimands and notices of suepeneion and discharge. 10.4 Employees may examiae all information in their EMPLOYER personnel files that concerns work evaluation, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the EMPLOYER. 10.5 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or ASSOCIATION may request, and shall be entitled to a meeting with the EMPLOYER repre- sentative 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. 10.6 An employee to be questioned concerning aa investigation of disciplinary action shall have the right to request that a ASSOCIATION representative be present. 10.7 Grievances relating to this Article shall be processed in accordance with existing Civil Service procedures, except that oral and written reprimands shall be taken up in Step 3 of the grievance procedure under Article VII. - 16 - �'�-/�33 ARTICLE XI CONSTITUTIONAL PROTECTION 11. 1 Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. - 17 - ARTICLE XII OVERTIME AND PREMIUMS 12.1 Employees (with the exception of those covered in Section 12.2 hereof) shall be paid one and one-half (1'�) times the regular rate of pay for work performed in excess of the regular work day and/or the forty (40) hour work week. 12.2 Section 12.1 hereof shall not be applicable to employees holding the following administrative positions: Building Maintenance Supervisor- Libraries; Building Maintenance SupervisorParks and Recreation; Field Supervisor; Public Works Foreman III, Sewer Foreman III; Supervisor of Custodial Services; Supervisor of Pumping; Supervisor of Lime Recovery Plant. Employees in the above classifications shall be paid straight time for work performed in excess of the regular work day and/or the forty (40) hour work week. 12.3 An employee who is called back to work following the completion of his regular work day shall be guaranteed four (4) hours pay at his regular straight time rate. 12.4 Ma�or holidays, for the purpose of this Section, shall include the following: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day. Minor holidays, for the purpose of this Section, shall include the following: Washington's and Lincoln's Birthday, Christopher Columbus Day, Veterans' Day. An employee working a ma�or holiday as defined herein shall receive time and onehalf (1'�) his regular rate of pay for all work performed on such holiday, and an employee working a minor holiday as defined herein shall receive straight time for such holiday work, it being understood that all payments for holiday work shall be in addition to regular holiday pay. - 18 - � ��73 3 ARTICLE XII OVERTIME AND PREMIUMS (continued) 12.5 An employee shall be compensated in either compensatory time off or overtime payment in cash. 12.6 A night differential of five percent (5�) shall be provided to employees who work night shifts as defined herein. A night shift will be considered to be a regularly assigned shift beginning earlier than 6 a.m., or ending later than 6 p.m. , provided that at least five (5) hours of said shift are worked between the hours of 6 p.m. and 6 a.m. It is further understood that in case of regularly assigned shifts beginning earlier than 6 a.m. or ending later than 6 p.m. which involve less than five (5) hours of work, an employee shall be eligible for the night differential only for the hours actually worked during night shift hours. - 19 - ARTICLE XIII UNIFORMS 13. 1 The EMPLOYER agrees that if any employee is required to wear any kind of uniform or safety equipment as a condition of continued employment, such uniform and/or equipment shall be furnished and maintained by the EMPLOYER. It is however, further understood that the EMPLOYER'S obligation to provide uniforms and/or safety equipment shall be confined to present practices and/or requirements of law. 13.2 Any uniform or safety equipment provided pursuant to this Article, damaged in the line of duty, shall be replaced by the II�LOYER, provided that said damage is not attributable to the negligence or other improper act of the employee. 13.3 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 �LOYER shall apply to those employees who must wear protective shoes or boots for their employment. _ 20 - ��'y-��3� ARTICLE XIV - VACATION 14.1 In each calendar year, each full-time employee shall be granted vacation according to the following schedule: Years of Service Vacation Granted 0 - 5 years 10 days 6 years thru 15 years 15 days 16 years thru 25 years 21 days 25 years or more 22 days 14.2 Employees who work lese than full-time shall be granted vacation on a pro rata basis. 14.3 The head of the department may permit an employee to carry over into the following year up to ten days' vacation. 14.4 The above provisions of vacation shall be sub�ect to Resolution No. 6446, Section I, Sub. H. - 21 - ARTICLE XV HOLIDAYS 15.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Years Day Labor Day Martin Luther King Day (eff. 1986) Columbus Day Presidents' Day Veterans� Day Memorial Day Thanksgiving Day Independence Day Christmas Day Two floating holidays Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 15.2 The floating holidays set forth in Section 15.1 above may be taken at any time during the contract year, subject to the approval of the Department Head of any employee. 15.3 Eligibility Requirements. In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an employee must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purpose of this section. It is further understood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. - 22 - � �-�733 ARTICLE XVI INSURANCE 16.1 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. 16.2 The EMPLOYER will for the period of this AGREEMENT provide for employees who retire after the time of execution of this AGREEMENT and until such employees reach sixtyfive (65) years of age such health insurance benefits as are provided by the EMPLOYER for such employees and such life insurance benefits as provided in this article. 16.3 Effective January 1,1985, for each employee who retires during the term of this AGREEMENT and is eligible for early retiree benefits under the terms set forth in this article and who selects employee insurance coverage, the II�IPLOYER agrees to contribute the cost of such coverage or $118.62 per month, whichever is less. In addition for each eligible early retiree who selects dependent's insurance coverage, the EMPLOYER will contribute the cost of such dependent's coverage or $198.10 per month, whichever is less. Effective January, 1986, the dollar caps specified in this Article, 16.3, shall be adjusted to equal the January, 1986 premium cost for the health insurance plan offered to the City by Blue Cross—Blue Shield for early retirees. In order to be eligible for City benefits under the early retiree provision, the Employee must: 16.31 Be receiving benefits from a public employee retirement act. 16.32 Have severed his/her relationship with the City of St. Paul under one of the early retiree plans. - 23 - ARTICLE XVI - INSURANCE (cont.) 16.3 (cont.) 16.33 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. 16.4 For each eligible employee covered by this AGREEMENT selecting a health insurance program supplied to the City, the City . shall pay the entire cost of such coverage, or $70.00 per month whichever is less. For each employee selecting family coverage, the City shall pay the entire cost of such family coverage or $180.00 per month, whichever is less. 16.5 The Employer will attempt to prevent any changes in the benefits offered by the Health Maintenance Organizations plan. However, employees selecting one of the plans offered by one of the Health Maintenance Organizations agree to accept any changes in benefits which the specific Health Maintenance Or- ganization implements. The Fee for Service Health Plan is understood to be the plan designated Alternate 5 bid by Blue Cross-Blue Shield for January 1,1985. 16.6 The City agrees to contribute the cost for $5,000 of Life In- insurance Coverage for each employee who is eligible for such coverage or $2.07 per month, whichever amount is less. Any increase in this Life Insurance premium shall be paid by the employee. - 24 - ��7�� ARTICLE XVI - INSURANCE (cont.) 16.7 In addition to the $5,000 Life Insurance Coverage in 16.6 the EMPLOYER agrees to contribute the cost of additional Life Coverage or $0.59 per thousand dollars of coverage per month, whichever amount is less. The total amount of Life Insurance Coverage provided under this section and Section 16.6 for each employee shall be equal to the employee's annual salary to the nearest full thousand dollars. For the purpose of this section, the employee's annual salary shall be based on the salary as of the beginning of a contract period. This con- tribution shall be paid to the City's Group Health and Welfare Plan. - 25 - ARTICLE XVII CITY MILEAGE 17.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the � Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 17.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $3.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's position. In addition, the employee shall be reimbursed 15C per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reim- bursed at the rate of 15C per mile driven and shall not be eligible for any per diem. Type 2. If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reimbursed at the rate of $3.00 per day for each day of work. In addition, the employee shall be reimbursed 15C per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reim- bursed at the rate of 15� per mile driven and shall not be eligible for any per diem. 17.3 The City will provide parking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to have their personal car available for City business. Such parking will be provided only for the days the employee is required to have his or her own personal car available. 17.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for sutomobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the city clerk. - 26 - ��y� �33 ARTICLE XVIII - SEVERANCE PAY 18.1 The employer shall provide a severance pay program as set forth in this Article. 18.2 To be eligible for the severance pay program, an employee must meet the following requirements: 18.21 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" or "rule of 85" provisions of the Public Employees Retirement Association (PERA) . . 18.22 The employee must be voluntarily separated from City employment or have beea sub�ect 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. 18.23 The Employee must have at least ten (10) years of service under the classified or unclassified Civil Service at the time of separation. 18.24 The Employee must file a waiver of re-employment with the Director of Personnel, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 18.25 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 18.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to 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. 18.4 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. - 27 - ARTICLE XVIII - SEVERANCE PAY (continued) 18.5 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, aad if the employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. 18.6 For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 18.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 18.8 This severance pay program shall be sub�ect to and governed by the pro- visions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this article shall control. 18.9 The provisions of this article shall be effective December 31, 1984. 18.10 Any employee hired prior to December 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. Any employee hired after December 31, 1984, shall only be entitled to the benefits of this article upon meeting the qualifications herein. - 28 - � �� ARTICLE XIX - WORKING OUT OF CLASSIFICATION 19.1 Any employee working an out-of-class assignment for a period in excess of fifteen (15) consecutive working days during any fiscal year of employer, shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth day of such assignment. For purposes of this article, an out-of-class assignment is defined as the full-time performance of all of the significant duties and responsibilities of a classification by an individual in another classification. For the purpose of this article, the rate of pay for an out-of-class assignment shall be the same rate the employee would receive if he was promoted to the higher classification. - 29 - ARTICLE XX MATERNITY LEAVE 20.1 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 anytime " 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 - � � ��.�3 ARTICLE XXI NO STRIKE, NO LOCKOUT 21.1 The ASSOCIATION and the EMPLOYER agree that there shall be no strikes, work stoppages, slow downs, sitdown, stay in, or other considered _ interference with the employers' business or affairs by the ASSOCIATIObT and/or the members thereof, and there shall be no bannering during the existence of this AGREEMENT without first using all possible means of peaceful settlement of any controversy that may arise. - 31 - ARTICLE XXII - RIGHT TO SUBCONTRACT 22.1 The EMPLOYER may, at anytime during the duration of this AGREEMENT, contract out work done by the employees covered by this AGREEMENT. In the event that such contracting would result in reduction of the work force covered by this AGREEMENT, the EMPLOYER shall give the ASSOCIATION a ninety (90) calendar day notice of the intention to subcontract. - 32 - � (� ��3� ARTICLE XXIII - ADMINISTRATIVE SERVICE FEE 23.1 The ASSOCIATION agrees that an administrative service fee of fifty cents ($0.50) per member per month shall be deducted the City of St. Paul from the amount withheld for dues or fair share prior to remittance of dues or fair share to the ASSOCIATION. - 33 - ARTICLE XXIV - WAGE SCHEDULE The wage schedule for purposes of this contract shall be as follows: Effective January 5,1985: UNGRADED (Hourly Rates) Assistant Supervisor of Custodians $14.12 Dispatcher I (paid out of grade) $14.02 Custodial Supervisor-Civic Center $13.01 Painter General Foreman $17.69 0-6 mos after 6 mos Civic Center Foreman $11.75 $12.27 Custodian-Engineer (Public Safety Bldg) $14. 14 $14.66 GRADED (Biweekly Rates) Sanitation Foreman lst 6 mos. after 6 mos. $1109.76 $1140.95 Chief Meter Repairman Forestry Supervisor I Greenskeeper Park Maintenance Supervisor Public Works Foreman I Sewer Foreman I Supervising Gardener Traffic Maintenance Foreman I Water Service Foreman Water Shed Foreman I Zoo Foreman lst 6 mos. after 6 mos. $1176.60 $1208.54 Bridge Maintenance Supervisor Building Maintenance Supervisor--Libraries Equipment Maintenance Foreman Foreman-Water Department Forestry Supervisor II Grounds and Labor Coordinator Public Works Foreman II Sewer Foreman II Supervisor of Garbage Collection Vehicle Mechanic Supervisor Water Shed Foreman II lst 6 mos. after 6 mos. $1241.96 $1277.62 - 34 - . �� ARTICLE XXIV - (continued) Effective January 5, 1985 GRADED (Biweekly Rates) Supervisor of Lime Recovery Supervisor of Water Production Maintenance Traffic Maintenance Foreman II lst 6 mos. after 6 mos. $1314.78 $1354.87 Public Works Foreman III Sewer Foreman III lst 6 mos. after 6 mos. $1354.87 $1393.50 Building Maintenance Supervisor--Fire Supervisor of Pumping lst 6 mos. after 6 mos. �1431.38 $1472.97 Field Supervisor lst 6 mos. after 6 mos. $1475.23 $1519.04 Building Maintenance Supervisor--Parks and Rec. Supervisor of Custodial Services lst 6 mos. after 6 mos. $1519.77 $1565.08 FOOD SERVICE EQUIPMENT SPECIALIST (Hourly Rates) Start 6 Mos. 1 Yr. 2 Yrs. 3 Yrs. $11.56 $12.14 $12.74 $13.38 $14. 10 The above January S, 1985 rates represent a four and one-half percent (4.5�) increase over the January 7, 1984 rates. - 95 - ARTICLE XXIV - WAGE SCHEDULE The wage schedule for purposes of this contract shall be as follows: Effective January 4, 1986 UNGRADID (Hourly Rates) Assistant Supervisor of Custodians $14.76 Dispatcher I (paid out of grade) $14.65 Custodial Supervisor-Civic Center $13.60 Painter General Foreman $18.49 , 0-6 mos. after 6 mos. Civic Center Foreman $12.28 $12.82 Custodian-Engineer (Public Safety Bldg) $14.78 $15.32 GRADED (Bi-weekly Rates) Sanitation Foreman lst 6 mos. after 6 mos. $1159.70 $1192.29 Chief Meter Repairman Forestry Supervisor I Greenskeeper Park Maintenance Supervisor Public Works Foreman I Sewer Foreman I Supervising Gardener Traffic Maintenance Foreman I Water Service Foreman Water Shed Foreman I Zoo Foreman lst 6 mos. after 6 mos. $1229.55 $1262.92 Bridge Maintenance Supervisor Building Maintenance Supervieor--Lbiraries Equipment Maintenance Foreman Foreman-Water Department Forestry Supervisor II Grounds and Labor Coordinator Public Works Foreman II Sewer Foreman II Supervisor of Garbage Collection Vehicle Mechanic Supervisor Water Shed Foreman II lst 6 mos. after 6 mos. $1297.85 $1335.11 - 36 - �'�- f�3 � ARTICLE XXIV - (continued) Effective January 4, 1986 GRADED (Bi-weekly Rates) Supervisor of Lime Recovery Supervisor of Water Production Maintenance Traffic Maintenance Foreman II lst 6 mos. after 6 mos. $1373.95 $1415.84 Public Works Foreman III Sewer Foreman III lst 6 mos. after 6 mos. $1415.84 $1456.21 Building Maintenance Supervisor--Fire Supervisor of Pumping lst 6 mos. after 6 mos. $1495.79 $1539.25 Field Supervisor lst 6 mos. after 6 mos. $1541.62 $1587.40 Building Maintenance Supervisor--Parks and Rec. Supervisor of Custodial Services lst 6 mos. after 6 mos. $1588.16 1635.51 FOOD SERVICE EQUIPMENT SPECIALIST (Hourly Rates) Start 6 Mos. 1 Yr. 2 Yrs. 3 Yrs. $12.08 $12.69 $13.31 $13.98 $14.73 The above rates represent a four and one-half (4.5%) increase over the January 5, 1985 rates. - 37 - ARTICLE XXIV - WAGE SCHEDULE The wage schedule for purposes of this contract shall be as follows: Effective January 3, 1987 UNGRADED (Hourly Rates) Assistant Supervisor of Custodians $15.42 Dispatcher I (paid out of grade) $15.31 Custodial Supervisor-Civic Center $14.21 Painter General Foreman $19.32 0-6 mos after 6 mos Civic Center Foreman $12.83 $13.40 Custodian-Engineer(Public Safety) $15.45 $16.01 GRADED (Bi-weekly Rates) Sanitation Foreman lst 6 mos. after 6 mos. $1211.89 $1245.94 Chief Meter Repairman Forestry Supervisor I Greenskeeper Park Maintenance Supervisor Public Works Foreman I Sewer Foreman I Supervising Gardener Traffic Maintenance Foreman I Water Service Foreman Water Shed Foreman I Zoo Foreman lst 6 mos. after 6 mos. $1284.88 $1319.75 Bridge Maintenance Supervisor Building Maintenance Supervisor--Libraries Equipment Maintenance Foreman Foreman-Water Department Forestry Supervisor II Grounds and Labor Coordinator Public Works Foreman II Sewer Foreman II Vehicle Mechanic Supervisor Water Shed Foreman II lst 6 mos. after 6 mos. $1356.25 $1395.19 - 38 - . G��'�� 3 ARTICLE XXIV - (continued) Effective January 3, 1987 GRADED (Bi-weekly Rates) Supervisor of Lime Recovery Supervisor of Water Production Maintenance Traffic Maintenance Foreman II lst 6 mos. after 6 mos. �1435.78 $1479.55 Public Works Foreman III Sewer Foreman III lst 6 mos. after 6 mos. $1479.55 $1521.74 . r Building Maintenance Supervisor--Fire Supervisor of Pumping lst 6 mos. after 6 mos. $1563.10 �1608.52 Field Supervisor lst 6 mos. after 6 mos. $1610.99 $1658.83 Building Maintenance Supervisor--Parks and Rec. lst 6 mos. after 6 mos. $1659.63 $1709.11 FOOD SERVICE EQUIPMENT SPECIALIST (hourly Rates) Start 6 Mos. 1 Yr. 2 Yrs. 3 Yrs. $12.62 $13.26 �13.91 $14.61 $15.39 The above rates represent a four and one-half percent (4.SX) increase over the January 4,1986 rates. - 39 - ARTICLE XXV TERM OF AGREEMENT 25.1 This Agreement shall be effective as of January 1, 1985 and shall continue in effect thru December 31, 1987. This Agreement shall not be extended orally and it is understood that it shall expire on the date indicated. 25.2 It is uaderstood that this settlement shall be recommended by the City Negotiator, but is sub3ect to approval by the City Council and Civil Service Commission. 25.3 The Employer and the ASSOCIATION acknowledged that during the meeting and negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this agreement. Any and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this agree- ment are hereby superseded. In those areas where Civil Service Rules are not consistent with this AGREEMENT, the Civil Service Rules shall continue to be in effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this 5th day of December , 1984. THE ST. PAUL MANUAL AND MAINTENANCE CITY OF SAINT PAUL SUPERVISORS ASSOCIATION bor Rela on Ye or P ident - 40 - i z-.��c--r-�` - - - __�------_:-�___.._.___ . ' _ _ ..____---- ,��--/�3 3 15. Resolution amending the 1984 budget by add:ing $15,000 to the fina cing and� spendir.G � plan for Government Responsiveness Proc�rvn. (I=inance) : ' , � !6. Resolution authorizing an agreement with the State Dept. of Education for the esta�7.:sh- ment of a lending library relationship with the City's Division of Libraries. � ' '` 17.. Resolution amending the 198� budget by �addin , 5 S25 to the financing: and speni?ine . plan for Fire �Fi�hting Equipment. (Police) . - ].8. Resolution amending the 1954 buc'.get by transferring $32, 000 fror.► General Govt. Accounts - Contingent Reserve Sneci!��. to Public Wor]cs - Traffic Operations and Maintenance. (Public 19orks) � The following agenda items are end of the yelr budget amendments requiring action at tz=s time. They are scheduled for the City Council �genda of December 18, 195�. 19. Resolution approving 1984-85 Maintenance !,abor Agreements between I D #625 a the Plasterers Local �t20 and the Cement Masons Local #560. (Personne� 20. Resolution approving the 1985-1956 Agreement bet ' y of St. Paul and the St. Paul Supervisors Organization. (Personnel , . ?� Resolution approving the 1985-1986 Collective Bargaining Agreement betw he C' y and the St. Paul Manual and Maintenance Supervisors Assn. (Personne � 22 . Resolution approving the 1985-1986 Collective Ba.rgazni g �me t between the City and the St. Paul Police Federation. (Personnel) ;j= 23. Resolution approving Memoxandum of Agreement amending the 19S4-1985 Agreement between the city and the Tri-Council Bar.g�ining ,Unit renresenting Labore. s Local �!' 32, Truck Drivers Local 120, and Operatine Tngineers Local 49. (Personnel) �-._ _ _ � ,� 24. Resolution approving 1985-1986 Memor.andwn of Understand� � �ertain:��g-�;.o�...the Confidential Supervisory Employees. (Personnel)�,. ��`�.::d- =� 3:: - 25. Resolution amending the 19S4 budget by addi.ng �107,574 to the Financing and Sper.c'. rQ Plan for Executive ndministration Dept. - )�ersonnel O�fice. ('_'ersonne' "�.� � �� n� ��,�� 2G. Resolution amending the 1984 budget by adc'.:ng �2, 950 to the financin� and spenc?in� ��_� plan for Specia Projects-General Govt. - !:oy lti'ilkins Au�itorium memorial gran*_. (Public Works) The following item was acted upon as a non-agenda item: - ��- Resolution creating a 1984 operating budget for e�enses incured since ,7uly for Honeywell building management system serving CH/CH, ADC, Annex and Main Librar ^ -y�' y.-...:..