00-220Council File # ���p
ORIG�l�AE.
Presented
Referred To
Committee Date
RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
2 January 1, 2000 through December 31, 2001 Collective Bargaining Agreement between the City of Saint
Paul and the Saint Paul Fire Supervisory Association.
Requested by Deparnnent ofl
Office of Labor Relations
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Form Appr ved by City Attomey
BY: � �Z I �
Adoprion Certified by Council Secretary
By: � '
Approved by Mayor: Date ���� 20 2�'
gy . ���� /7�/�%���
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Green Sheet # 08916
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Approved by Mayor for Submission to Council
B �� ���G� Z/2�/��
Adopted by Council: Date �`���\� � p p�
DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET NO.: 08916
LABOR RELAT:ONS February 28, 2000 00 -�io
CONTACI YERSON & PHONE: p un'iw�nwre iN�nAi.+np�
JtJLIE KRAUS 266-6513 p�IGN 1 DEPARTMIIdT DI�
4 CITY COUNCIL
pi[7MgER 2 CITY AITORN£Y C1TY CLERK
MUST BE ON COUNCII. AGENDA BY (DATE) FOR BUDGET DIR. Z fAI. & MGT. SERVICE DII2.
ROU'CING 3 MAYOR (OR ASSI'.) ,` '�7�
ORDER
TOiAL # OF SIGNATURE PAGFS I {CLIP ALL LOCATIONS FOR SIGNATURE)
acrroN n�QUESrEn: This resolution approves the attached January 1, 2000 — December 31, 2001 Coilective
Bazgaining Agreement between the Ciry of Saint Paul and the Saint Paul Fire Supervisory Associafion.
RECOMMENDA170NS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRAC7'S MUST ANSWER TfiE FOI.I,OWING
QUESTIONS:
,PLANNING COMA9SSION CIVIL SERVSC£ CODRdISSION i. Has this personlfum eva wo=IceA under a contract For t6is depatm�ent?
_C[B CAMIvII7TEE Yes No
STAFF 2. Has this person/fi�m ever been a ciry employee?
DISIRICT COURT Yes No
SUPPORTS W}IICH COUNCIL OBJECTTVE? 3. Does this persoNfimi possess a skill not normalty possessed by any curzent ciry employee?
Yes No
Eaptaio alt yes auswers oa sr.parate sLeet and aKach to green s4eet
INTTIATING PROBLEM, ISSUE, OPPORTL3NITY (W 60, What, Wheo, W hare, Why):
The negotiating agreement with the Saint Paul Fire Supervisory Associafion had expired. The City is required to
negotiate with the bazgaining unit.
nnvaNrncES � nrrxovev: An Agreement in place through December 31, 2001.
DISADVANTAGES IF APPROVED: NOriO
nisnnvarrracES � xor arrxovEn: T'he relationship between this bazgaining unit and the City would be strained. This
unit would then be on an unequal fooung with other Public Safety Units.
TOTAL AMOUNT OF TRANSAGTION: $ COSTlREVENUE BIIDGETED;
FUNDING SOURCE: ACTNITY NUMBER:
FINANCIAL IlYFORMATION: (ERP)-AI1V)
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ATTAC�IMENT TO TI� GREEN SHEET
The Saint Paul Fire Supervisory Associafion
Below is a summary of the changes in the Collective Bazgaining Agreement betcveen the City
and the Saint Paul Fue Supervisory Association. The new contract is for the period of January 1,
2000 through December 31, 2001.
Wages:
2000: .i.l%
2001: 2.95%
Health Insurance:
2000: Single $276.65 per month
Family $417.13 per month
2001: Single $276.65 per month
Family $417.13 per month, plus an amount equal to the 2001 single health insurance
premiuxn increase up to foriy dollazs ($40) per month, if the 2001 single health insurance
premium increase is over forty dollars ($40), the Employer will contribute 50% of the amount
over foriy dollazs ($40).
The single contribution is frozen for 2000 and 2001.
Tour of Duty Holiday
The members of this bazgaining unit that were excluded from the additional Tour of Duty
Holiday in the last contract have been included in this contract.
Costs:
2000 2001
Wages $34,770.71 $33,088.25
Health Insurance $2,645.28 $5,760.00
Tour of Duty Holiday $1,121.64 $ 0.00
Total: $ $38,537.63 $38,848.25
Language Changes (summary)
The contract includes other changes to contract language which aze housekeeping in nature.
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2000 - 2001
_ . � ; AGI2EEA'IEN'i' _ � � � �
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;'T�IE_ SAINT PAi7L :FIRE SUPER�ISQRY ASSOCIATtON ' ' `
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ARTICLE TITLE PAGE
1 Pucpose ..........................................................1
2 Definitions .......................................................i
3 Recognition ......................................................2
4 Security .........................................................3
5 Employer Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
6 Grievance Procedwe ...............................................3
7 Savings Clause ....................................................6
8 Uniform Allowance ................................................6
9 LegalServices ....................................................7
10 Seniority .........................................................7
11 Ca1lBack ........................................................7
12 Insurance ........................................................8
13 Vacation ........................................................11
14 Holidays ........................................................12
• 15 Sick Leave and PazentalLeave ......................................13
16 Severance Pay ...................................................13
17 Wages ..........................................................15
18 Volunteerism and/or Outside Employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
t9 Incapacitation ....................................................16
20 Drug and AlcoholTesting ..........................................17
21 Overtime .......................................................20
22 Discipline .......................................................20
23 Position Openings ................................................21
24 Ciry Mileage .....................................................21
25 Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
AppendixA .............................................. AI
Appendix B .............................................. Bl
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ARTICLEI-PURPOSE
u
1.1 The Employer and the Saint Paul Fue Supervisory Association {SPFSA} agree that the
purpose of entering into this Agreement is to:
l.l.l Achieve orderly and peaceful relations,thereby establishing a system of
uninterrupted operations and the highest level of performance that is consistent
with the weli being of all concemed.
I.1.2 Establish the fuil and complete understanding of the parties concerning the terms
and conditions of this Agreement.
1.1.3 Establish procedures to orderly and peacefully resolve disputes as to the
application of interpretation of this Agreement.
1.1.4 Place in written form the parties' agreement upon terms and conditions of
employment for the duration of this Agreement.
ARTICLE 2 - DEFINITIONS
2.1
2.2
• 23
2.4
2.5
2.6
2.7
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Association: Saint Paul Fire Supervisory Association (SPFSA)
Employer: The City of Saint Paul
Association Member: A member of Saint Faul Fire Supervisory Association (SPFSA).
Employee: A member of the exclusively recognized bargaining unit as certified by the
State Bureau of Mediation Services in Case No. 78-PR-1056-A dated August 1, 1978.
Vacancy: As determined by the deparhnent head, a funded position opening in a class
specified in Article 3.2.
Position: Any specific office, employment or job in the Fire Department in a class
specified in Article 3.2.
Tour of Duty:
A. For a fifry-six (56) hour work week employee: The performance of job duties and
acceptance of the responsibiliries of a position for a consecu6ve and uninterrupted
twenty-four (24) hour period from 8:00 am. on a calendar day to 8:00 a.m. on the
following calendar day.
B. For a forry (40) hour work week employee: The performance of job duties and
acceptance of the responsibilities of a position for a consecutive and uninterrupted
eight (8) hour period within a calendaz day.
1
ARTICLE 2 - DEFI1vITIONS (Continued)
C. Notwithstanding B above, employees assigned to a forty (40) hour work week
may, fhrough mutuat agreement with the EmpIoyer, work schedules other tfian �
schedules lunited by B above. Overtime compensation for employees working
under such agreements shall be subject to the provisions as set forth by the Fair
Labor Srandards Act.
2.8 Depamnent: The fire department of the City of Saint Paui as established and amended
from time to time pursuant to Section 9.01 of the City Charter.
2.9 Overtime: Work performed by an Emp2oyee in excess of ttie Employee's tour of duty by
order of the Employer.
2.10 Overtime Pay: For employees assigned to a fifty-six (56) hour work week, overtime pay,
for the purpose of Article 21, will be based on a fifty-suc (56) hour work week. For
employees assigned to a forty (40) hour work week, overtime pay, for the purpose of
Article 21, will be based on a forry (40) hour work week.
ARTICLE 3 - RECOG1vITION
3.1 The Employer recognizes the SPFSA as the exclusive representative for the purpose of
meeting and negotiating the terms and conditions of employment for supervisory Fire
Department personnel.
3.2 Job classes which aze within the bazgaining unit and covered by t}us Agreement are as �
folIows:
Assistant Fire Marshal
Chief Fire Investigator
Deputy F'ue Chief
District Fire Chief
Fire Communications Chief
Fire Dispatch Supervisor
Emergency Paramedical Services Chief
Emergency Preparedness Coordinator
Fire Mazshal
Fire Training Officer
33 In the event the Employer and the AssociaUon aze unable to agree as to the inclusion or
exclusion of a new or modified job position, the issue shatt be submitted to the Bureau of
Mediation Services for determination.
•
2
ARTICLE 4 - SECURITY
4.1 The Emp]oyer shall deduct from the wages of Employees who authorize such a deduction
in writing an amount necessary to cover monthly Association dues and assessments.
• Such monies shail be remitted as directed by the Association.
4.2 The Association may designate Employees from the bargaining unit to act as stewazds
and shall inform the Employer in writing of such choice.
4.3 The Association agrees to indemnify and hold the Employer hazmless 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 article.
ARTICLE 5 - EMPLOYER AUTHORITY
5.1 The SPFSA recognizes the prerogatives of the Employer to operate and manage its affairs
in all respects in accordance with applicable laws and regulations of appropriate
authorities. The prerogatives and authority which the Employer has not officially
abridged, delegated or modified by this Agreement are retained by the Employer.
5.2 A public employer is not required to meet and negotiate on matters of inherent
managerial policy, which include but aze not limited to, such areas of discretion of policy
as the functions and programs of the employer, its overall budget, utilization of
technology, and organizational strucnue and selection and direction and number of
• personnei.
ARTICLE 6 - GRIEVANCE PROCEDURE
6.1 DEFINITION OF GRIEVANCE: A grievance is defined as a dispute or disagreement
as to the interpretation or application of the specific terms and conditions of the
Agreement.
6.2 SPFSA REPRESENTATIVES: The Employer will recognize representatives
designated by the SPFSA as the grievance representatives of the bargaining unit having
the duties and responsibilities established by this Article. The SPFSA shali notify the
Employer in writing of the names of such SPFSA representatives and of their successors
when so designated.
6.3 PROCESSING OF GRIEVANCE: It is recognized and accepted by the SPFSA and the
Employer that the processing of grievances as hereinafter provided is litnited by the job
duties and responsibilities of the Employee and shall thetefore be accomglished during
normal working hours only when consistent with such Employee duties and
responsibilities. The aggrieved Employee and the SPFSA shall be allowed a reasonable
amount of time without loss in pay when a grievance is investigated and presented to the
• Bmployer during normal working hours provided the Empioyee and the SPFSA
representatives have notified and received the approval of the desigpated supervisor who
3
ARTICLE 6 - GRIEVANCE PROCEDURE (Continued)
has deternuned that such absence is reasonabte and would not be detrimental to the work
program of the Employer.
•
6.4 PROCEDURE: Grievances, as defined by Section 5.1 shall be resolved in wnformance
with the following procedure:
Sten 1 An Employee claiming a violation concerning the interpretation or application of
the Contract shall within twenty-one (21) calendar days afier snck alleged
violation has occurred present such grievance to the Employee's supervisor as
designated by the Employer. The Employer designated representative will discuss
and give an answer to such Step i grievance within ten (10) calendar days after
receipt. A grievance not resolved in Step I and appeaIed in Step 2 shalI be placed
in writing setting forth the nature of the grievance, ihe facts on which it is baseQ,
the provision or provisions of the Contract allegedly violated, the remedy
requested, and shall be appealed to Step 2 within ten (10) calendaz days after the
Employer-designated representative's fmal answer in Step 1. Any grievance not
appealed in writing to Step 2 by the SPFSA within ten (10) calendar days shall be
considered waived.
Sten 2 If appealed, the written grievance shall be presented by the SPFSA, and discussed
with the Employer-designated Step 2 representative. The Empioyer-designated
representative shall give the SPFSA 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 witiun-ten (101 calendar_days •
following ihe Employer-designated representative's Step 2 answer. Any grievance
not appealed in writing to Step 3 by SPFSA within ten (10} calendaz days shall be
considered waived.
Ste If appealed, the written grievance shaiI be presented by the SPFSA to, and
discussed with the Emptoyer-designated Step 3 representative. Tha
Employer-designated representative shall give the SPFSA 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 by the SPFSA to Step 4 within
ten (10) calendaz days following the Employer-designated representative`s final
answer in Step 3. Any grievance not appealed in writing to Step 4 by the SPFSA
wiihin ten (10) calendar days shall be considered waived.
Ontional Mediarion Steu
If the grievance has not been satisfactorily resolved ai Siep 3, either the Union or
the Employer may, within ten (10) calendar days, request mediation. If the parties
agree that the grievance is suitable for mediation, the parties shatl submit a joint
request to the Minnesota Bureau of Mediation Services for the assignment of a
mediator. Crrievance mediation shall be completed within thirty (30) days of the
assignment unless the pazties mutually agree to lengthen the time iimit. •
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ARTICLE 6 - GRIEVANCE PROCEDURE (Continued)
2. Grievance mediation is an optional and voluntary part of the gievance resolution
• process. It is a supplement to, not a substitute for, grievance arbitration. When
grievance mediation is invoked, the conttactual time limit for moving the
grievance to azbitration shall be delayed for the period of inediation.
3. The grievance mediation process shall be informal. Rules of evidence shall not
apply, and no record shall be made of the proceeding. Both sides shall be
provided ampie opportunity to present the evidence and azgument to support their
case. The mediator may meet with the parties in joint session or in separate
caucuses.
4. At the request of both paities, the mediator may issue an oral recommendation for
settlement. Either party may request that the mediator assess how an arbitrator
might rule in this case.
5. The grievant shall be present at the grievance mediation proceeding. If the
grievance is resolved, the gievant shall sign a statement agreeing to accept the
outcome. Unless the parties agree otherwise, the outcome shall not be
precedential.
6. If the grievance is not resolved and is subsequently moved to azbitration, such
proceeding shall be de novo. Nothing said or done by the parties or the mediator
during grievance mediation with respect to theu positions conceming resolution
• or offers of settlement may be used or referred to during azbitration
St 4 A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to
arbitration subject to the provisions of the Public Employment Labor Relations
Act of 1971. The selection of azbitrator shall be made in accordance with the
"Rules Governing the Arbitration of Grievances" as established by the Public
Employment Relations Boazd.
6.5 ARBITRATOR'S AUTHORITY: The arbitrator shall have no right to amend, modify,
nuilify, ignore, add to, or subtract from the terms and condifions of the Agreement. The
arbitrator shall consider and decide only the specific issue(s) submitted in writing by the
Employer and the SPFSA, and shall have no authority to make a decision on any other
issue not so submitted.
6.6 The azbitrator 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 azbitrator's decision shall be submitted in writing within
thirry (30) days following the close of the hearing or the submission of briefs by the
parties, whichever is later, unless the parties agree to an e�ctension. The decision shall be
based solely on the azbitrator's interpretation or application of the eacpress terms of this
Agreement and to the facts of the grievance presented.
C�
5
ARTICLE 6 - GRIEVANCE PROCEDURE (Continued)
6.7 The fees and expenses for the azbitrators' services and proceedings shall be borne equaIly
by the Employer and the SPFSA, provided that each party shall be responsible for .
compensating its own representatives and wimesses. 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 proceediags, the cost shall be
shazed equally.
6.8 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 neact step within the
specified time limit or any agreed extension thereof, it shall be considered settled on the
basis of the Employer's last answer. If the Employer does not answer a grievance or an
appeal thereof within the specified time limits, the SPFSA may elect to treat the
grievance as denied at that step and immediately appeal the grievance to the neat step.
The time lnnit on each step may be extended by mutual written agreement of the
employer and the SPFSA in each step.
6.9 RECORDS: All documents, cornmunications and records dealing with a grievance shall
be filed separately from the personnel files of the involved emptoyee(s).
ARTICLE 7 - SAVINGS CLAUSE
7.1 This Agreement is subject to the laws of the United States, the State of Minnesota and the •
Ciry of Saint Paul. In the event any provision of this Agreement shall be held to be
contrary to law by a court of competent jurisdiction from whose final judgment or deeree
no appeal has been taken wittrin 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 parry.
ARTICLE 8 - ITNIFORM ALLOWANCE
8.1 The 1972 base of One Hundred Twenty Dollazs ($120.00) as a clothing allowance on a
voucher system will be increased 7anuary 1, 1974, and each yeaz thereafter on the basis of
a yeazly study of the increased cost of the defined uniform. The 1972 base cost of the
uniform is stipulated and aitached as Appendix A.
8.2 It is further understood that employees covered by this Agreement shall. receive a clothing
allowance which is Thirty ($30.00) dotlars greater than that provided by Artic�e 8. t of
this Agreement.
•
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ARTICLE 9 - LEGAL 5ERVICES
9.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the
• Employer shalI defend, save hatmless and indemnify an Empioyee, and/or his/her estate,
against any claim or demand, whether groundless or othenvise, arising out of an alleged
act or omission occurring in the performance and scope of the Employee's duties.
9.2 Notwithstanding Article 9.1, the employer shall not be responsible for paying any legai
service fee or for providing any legal service arising from any legal action where the
employee is the Plaintiff.
ARTICLE 10 - SElVIORITY
10.1 Department Seniority: For the purposes of this Agreement seniority shall be defined as
the length of continuous and uninterrupted employment in the fire department.
10.2 Loss of Department Seniority: An Employee will lose acquired department seniority in
the following instances:
10.2.1 Resignation
10.2.2 Dischazge
10.2.3 Retirement
103 Work Force Reduction: In the event of a reduction in the department work force, such
• reduction shall occur in accordance with Section 22 of the Civil Service Rules as of the
date of the signing of this Agreement.
10.4 Reduction in Rank: Reduction in rank shall be in accordance with the Civil Service
Rules as of the date of the signing of this Agreement. (Except as indicated below)
10.4.1 Reduction in rank for periods up to but no more than 30 consecutive
calendaz days will be by platoon seniority.
10.4.2 Reduction in rank for more than 30 consecutive calendaz days shall be in
accordance with the Civil Service Rules as of the date of the signing of
this Agreement.
ARTICLE 11 - CALL BACK
11.1 Employees required by the Employer to report for work during off-duty time will be
compensated at the overtime rate in accordance with Article 2.10 of this Agreement. The
minimum payment under this Article will be four (4) times the Employee's hourly rate.
An eazly report of two (2) hours or less, or an extension of a normaily scheduled tow of
duty, shall not qualify an Employee for this m;n;mum payment.
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7
ARTICLE 12 - INSURANCE
12.1 The insurance plans, premiums for coverages, and benefits contained in the insurance -
plans offered by the Employer shall be solely controlled by the contracts negotiated by
the Employer and the benefit providers. The Employer will attempt to prevent any .
changes in the benefits offered by the benefit providers. However, the employees
selecting the offered plans agree to accept any changes in benefits which a specific
provider implements.
12.2 Eligibility for full-time benefits is defined as appearing on the payroll an average of at
least sixty-four (64) hours per biweekly pay period for the twelve (12) month period
preceding the annual open enrollment or special enrollments of the employment period
preceding initial eligibiTity.
123 Effective January 1,2000, the Employer will contribute $276.65 per month for health
insurance to eligible employees who select single coverage. Further the Employer will
contribute $418.78 per month to eligible employees who select family coverage.
12.4(1)Effective January, 2001, the Employer will contribute $276.65 per month for heatth
insurance to eligibie employees who select single coverage.
12.4(2)Effective for the January 2001 insurance coverage, the Employer will contribute $418.78
plus an amount equal to the 2001 single health insurance premium increase up to forry
($40) doilazs. If the 2001 single insurance premium increase is over forty ($40) dollazs,
the Empioyer will contribute 50% of the amount over forty ($40) dollazs.
12.5 Under the cafeteria plan full-time, eligible employees, must select at least single health •
insurance caverage and employee life insurance in an aznount of $10,000. It is
understood that these mandatory coverages may not be waived.
12.6 Any unused portion of the Employer's contribution for which an employee is eligible is
defined as unused benefit dollazs, not salary, and shall be paid to the employee as taYable
income. Such payment will be made during the month of December for the insurance
yeaz.
However, an employee whose spouse is also employed by the City of St. Paul and is
eligible to participate in the city's heatth insurance pian will not be required to select the
mandatory health insurance coverage as long as one of the spouses is participating in the
city's health insurance plan with fanrily coverage. The mandatory life insurance covenge
continues to apply. In this event, only the difference between the cost of the mandatory
life insurance and the employer contribution amount for single heatth insurance coverage
shall be eligible for payment as unused benefit dollars.
Effective January 1, 1999, the amount eligible for payment as unused benefit dollars shall
be the actual cost of the single health insurance premium, less the cost of the monthly life
insurance premium.
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3
ARTICLE 12 - INSURANCE (Continued)
12.8 Under the cafeteria plan, employees covered by tivs agreement will be eligible to
• participate in the Flexible Spending Accounts offered by the Employer. The service fee
chazged for employees participating in the Dependent Caze Account will be paid by the
Employer. The service fee for employees participating in the Medical Expense Account
will be paid by the employee. �
Survivor Insurance
12.9 In the event of the death of an active employee, the dependents of the employee shall
have the option, within thirty (30) days, to continue the current hospitalization and
medicai benefits, including such plan improvements as may be made from time to time,
which said dependents previously had, at the premium and Employer contribution
applicable to eligible eazly retirees. The date of death shall be considered to be the date
of retirement.
In the event of the death of an eazly retiree or a regulaz retiree, the dependents of the
retiree shall have the option, within thirry (30) days, to continue the current
hospitalization and medical benefits which said dependents previously had, at the
premium and Employer contribution accorded to the eligible deceased retiree.
In the event of the death of an empioyee killed in the line of duty, the Empioyer will
contribute 100% of the premium for either single or family health insurance coverage
• for eligible dependents. An eligible dependent who is not enrolled in the City's health
insurance program at the time of the employee's death will have an option to enroll at
the next annuai open enrollment period.
It is understood that such coverage shall cease in the event of:
12.9.1 The subsequent remarriage of the surviving spouse of the deceased employee or
re6ree.
12.9.2 The employment of the surviving spouse where hospital insurance coverage is
obtained through a group program provided by said Employer. However, it is
further understood that in said event, the surviving spouse shali have the right to
maintain City health insurance coverage for the first ninety (90) days of said
employment.
Retiree Insurance
12.10 Employees who retire must meet the following conditions in order to be eligible for
Employer contributions listed in Articles 12.11 through 12.14 below towazd a health
insurance plan offered by the Employer:
12.10.1 Be receiving benefits from a public employee retirement act covering
• employees of the City of Saint Paul at the time of retirement, and
E
ARTICLE 12 - INStTRANCE (Continued)
t2.20.2
Have severed his/her reIationship with the City of Saint Paul under one of
the retiree plans, and
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12.10.4
Have completed at least 20 yeazs of service with the City of Saint Paul or
be receiving a disability pension from the City of Saint Paul, and
Have severed his/her relationship with the City of Saint Paul for reasons
other than an involuntary termination €or misconduct.
Early Retirees
12.11 This Article shall apply to employees who:
12.11.1 Retire on or after January 1, 1996, and
12.11.2 Were appointed on or before December 31,1995, and
12.113 Have not attained age 65 at retirement, and
12.11,4 Meet the terms set forth in Article 12.10 above, and
12.11.5 Select a health insurance plan offered by the Employer.
Until such retirees reach sixty-five (65) years of age, the Employer agrees to contribute a
maximum of �350.00 per month towazd the premium for single or family health insurance
coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree.
Whensuch eazl-y retiree attainsage-65, the_pzo`risions_of Article 12.13 shall apply. _
12.12 This Article shall apply to employees who:
12.12.1 Retiree on or after January 1, 1996, and
12.12.2 Were appointed on or after January 1, 1996, and
12.123 Have not attained age 65 at retirement, and
12.12.4 Meet the terms set forth in Article 12.10 above, and
12. t 2.5 Select a health insurance plan offered by the Employer.
Until such retirees reach sixty-five years (65) of age, the Employer agrees to contribute
a maximum of $300.00 per month toward the cost of single or family health insurance
coverage. Any unused portion of the Employer's contribution shall not be paid to the
retiree.
VJhen such eazly retiree attains age 65, the provisions of Article 12.14 shall apply.
Regular Retirees (Age 65 and over)
12.13 This Article shall apply to employees who:
12.13.1 Retire on or after January 1, 1996, and
12.13.2 Were appointed prior to Januazy 1, 1996, and
12.133 Have attained age 65 at retirement, and
12.13.4 Meet the terms set forth in Article 12.10 above, and
12.13.5 Select a health insurance plan offered by the Employer.
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10
ARTICLE 12 - INSURANCE (Conhnued)
The Employer agrees to contribute a maximum of $550.00 per month towazd the
. premium for single or family health insurance coverage offered to regulaz retirees and
their dependents. Any unused portion of the Employer's contribution shall not be paid to
the retiree.
12.14 This Article shall appiy to employees who:
12.14.1 Retire on or after 3anuary 1,1996, and
12.14.2 Were appointed on or after 7anuary 1,1996, and
12.143 Have attained age 65 at retirement, and
12.14.4 Meet the temvs set forth in Article 12.10 above, and
12.14.5 Select a health insurance plan offered by the Employer.
The Employer agrees to contribute a maximum of $300.00 per month toward the
premium for single or family health insurance coverage offered to regulaz retirees and
their dependents. Any unused portion of the Employer's contribution shall not be paid to
the retiree.
12.15 The contributions indicated in this Article 12 shall be paid to the Employer s third party
administrator or designated representative.
.
ARTICLE 13 - VACATION
13.1 In each fiscal yeaz, each Full-time employee shall be granted vacation according to the
following schedule:
Years of service 56 hout Employees
1 st yeaz thru Sth yeaz 112.0 hours *
6th year thru 15th yeaz 168.0 hours **
16th yeaz thru 25th yeaz 235.0 hours ***
26th year and beyond 246.4 hours ****
* (2 x designated work week)
** (3 x designated work week)
*** (42 x designated work week)
****(4.4 x designated work week)
CJ
40 hour Emplovees
112 hours (14 days) (.0539)
160 hours (20 days) (.0769)
200 hours (25 days) (.0462)
208 hours (26 days) (.1000)
13.2 The departrnent head may pemut Employees to cany over into the following fiscal yeaz,
vacauon time equivalent to three work weeks. Vacation schedules shall be fixed by the
department head. An Employee not working full-time shall be granted vacation on a
pro-rata basis.
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ARTICLE 13 - VACATIQN (Continued)
133 Employees segarated from employment by reason of resignation shall be granted such
vacation pay as has been eamed and remains unused at the time of separation, provided •
notification of resignation has been sent to the depaztment head, in writing, at least fifteen
(15) calendaz days prior to the date of resignation. Employees sepazated from
employment by reason of discharge, retirement, or death shall be granted such vacation
pay as has been earned and remains unused at the time of separation. Employees granted
more vacation time than eamed at the time of separation &om employment shall pay the
Employer for such uneazned vacation.
ARTICLE 14 - HOLIDAYS
14.1 In addition to what is provided in Saint Paul Ordinance No. 6446, add one additional
floating holiday which is to be added to the vacation schedule by increasing vacation by
.2 (two-tenths) times the number of hours designated as the work week.
14.2 Effective 1986 and in addition to 14.1 above, add one additional holiday (Martin Luther
King Day} to the vacafion schedule by increasing vacation by .2 (two-tentii) times tiie
number of hours designated as the work week.
14.3 In addition to what is provided in Section 14.1 and 142 above, and the St. Paul
Ordinance No. 6446, add one additional tour of duty holiday. In each yeaz of tYris
agreement, this tour of duty Holiday may, at the optiott of the employee: (1) Be added to .
the emptoyee's vacation schedule, or (2) the employee may choose to receive payment at
his regulaz rate of pay in lieu of taking time off on the addirional tour of duty Holiday
provided herein. If the Employer has not received and approved an employee's request
for his/her additional tour of day Holiday time off by November 15 of each catendar year,
such employee can only receive payment at the regulaz rate of pay and can no longer elect
to take time off for that calendaz yeaz. Such payment shall be made no later than the last
regular2y scheduled pay day of that calendar year
14.4 On January 1, 1999, all employees in the titles of Clrief Fire Investigator, Fire
Commnnications Chief, Fire Districi Chief and Fire Training Officer with a minimum of
15 years of service will be provided one additional tour of duty holiday. This holiday is
subject to the same conditions identified in Section 143.
14.5 Effective January 1, 2000, all employees in the bazgaining unit will be eligible for the
tour of duty holiday listed in 14.4.
14.6 For those employees assigned to a work week other than Monday through Friday, the
holiday shall be observed on the calendar date af the holiday.
14.7 Eligibility for Holiday Pay and Floating Holidays shall be in accordance with Section i
(one) Subsection I of the Sa[ary PIan and Rates of Compensation Resolution.
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12
ARTICLE IS - SICK LEAVE AND PARENTAL LEAVE
15.1 Sick leave shall be earned and granted in accordance with the Civil Service Rules.
� 15.2 In the case of a serious illness or disability of an employee's child, parent or household
member, the head of the depar�nent shall grant leave with pay in order for the empioyee
to caze for or make arrangements for the care of such sick or disabled persons. Such paid
leave shall be drawn from the employee's accumulated sick leave crediu. Use of such
sick leave shall be limited to the number of hours designated to be the employee's work
week per incident.
15.3 Any employee who has accumulated sick leave credits, as provided in the Civil Service
Rules, may be granted one day of sick leave to attend the funeral of the employee's
grandparent or grandchild.
15.4 If an employee has an accumulation of sick leave credits in excess of one hundred and
eighty days, he/she may convert any part of such excess to vacation at the rate of one-half
day's vacation for each day of sick leave credit. No employee may convert more than ten
(10) days of sick leave in each calendar yeaz under this provision.
15.5 Maternity.and Parental Leave. Pregnant employees of the City of Saint Paul shail be
eligible for the use of paid sick leave and unpaid leave of absence in the same manner as
any other disabied or ill City empioyee. Such paid sick leave eligibility shall begin upon
certification by the employee's attending physician that the employee is disabled in terms
• of her ability to perform the duties of her position.
A twelve (12) month Parental leave of absence without pay shall be granted to a natural
pazent or an adoptive parent, who requests such leave in conjunction with the birth or
adoption of a child. Such leave may be extended an additional twelve (12) months by
mutual agreement between the employee and the Employer. Refusal on the part of the
Empioyer to grant an extension of such leave shall not be subject to the provisions of
Article 6 of this Agreement.
Employees who retum foilowing such leaves of absence shall be placed in a position of
equivalent salary and tenure as the one held just prior to the beginning of their leave.
ARTICLE 16 - SEVERANCE PAY
16.1 Effective January 1, 1990, the employer shall provide a severance pay program as set
forth in this Article 16.
16.2 To be eligible for the severance pay program, an employee must meet the following
requirements:
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ARTICLE 16 - SEVERANCE PAY (Continued)
16.2.1 The employee must be voluntarily separated from City employment or have been
subject to separation by lay-off or compulsory retirement. Those employees who
aze discharged for cause, misconduct, inefficiency, incompetency, or any other
disciplinary reason aze not eligible for the City Severance pay program.
16.2.2 The employee must file a waiver of reemployment with the Human Resources
Director, which will clearly indicate that by requesting severance pay, the
employee waives all claims to reinstatement or reemployment (of any type), with
the City or with Independent Schooi District No. 625.
16.23 The employee must have.an accumulated balance of at least eighty (80) days of
sick leave credits at the time of his separation from service.
163 If an employee requests severance pay and if the employee meets the eligibility
requirements set forth above, he or she will be granted severance pay in an amount equal
to one-half of the daily rate of pay for the position held by the employee on the date of
separation for each day of accrued sick leave subject to a maximum as shown below
based on the number of years of service with the City.
Years of Service
with the Citv
At least 20
21
22
23
24
25
Maximum
Severance Pav
$ 5,000
fi
7,000
8,000
9,000
1fl,000
However, any employee sepazated from City employment on or after January 1, 1992
who has an accumulated balance of at least one thousand eight hundred fifty (1,850)
hours of sick teave credits and at least twenty-five (25) years of service at the time of
his/her sepazation from service shall be granted severance pay in the amount of thirry
thousand dollazs ($30,000).
Employee with twenty (20) or more years of service who is ruled disabled and is
receiving a disability pension and who has 1850 hours of accumulated sick leave
shait be altowed the maxiaxum severance benefit of $30,000.
The manner of payment of such severance pay shall be made in three consecutive annual
paymenYs of ten thousand dollars ($10,000) each. The annual payments shall be made in
February of each yeaz. The first payment shall be made during the month of February in
the year following the year in which the employee sepazates his/her employment.
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ARTICLE 16 - SEVERANCE PAY (Continued)
16.4 For ihe purpose of this severance prograzn, a death of an employee shall be considered as
• sepazation of employment, and if the employee would have met all of the requirements
set forth above at the time of his or her death, payment of the severance pay may be made
to the employee's estate or spouse.
16.5 For ihe purpose of ttris severance program, a transfer from the City of Saint Paul
employment to Independent School District No. 625 employment is not considered a
sepazation of employment, and such transferee shatl not be eligible for the City severance
program.
16.6 The manner of payment of such severance pay shall be made in accordance with the
provisions of City Ordinance No. 11490.
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16.7 The manner of payment of severance in amounts of ten thousand dollars ($10,000) or less
shall be made in accordance with the provisions of City Ordinance No. 11490.
ARTICLE 17 - WAGES
17.1 When the 1994 rates for Fire Captain Paramedic are determined, the steps in the 1994
salary range for District Fire Chief shall be adjusted to reflect a fifteen percent (15%)
differential above the coaesponding step in the 1994 salary range for Fire Captain
Paramedic. The 1994 Fire Captain Pazamedic rates on which the 15% differen6al is
based shall not include any amount that has been added to the Fire Captain Paramedic's
rate in lieu of an Empioyer's insurance contribution. This same process shali be repeated
to determine the final 1995 and 1996 rates for the title of District Fire Chief.
The biweekly rates for titles other than District Fire Chief covered by this Agreement
shall be adjusted each year to reflect the percent as shown below of the 1994, 1995 and
1996 rates applicable to the title District Fire Chief.
PERCENT of
DISTRICT FIRE CHIEF
TITLE
Fire Dispatch Supervisor
Assistant Fire Mazshal
Emergency Preparedness Coordinator
Fire Communications Chief
Fire Training Officer
Chief Fire Investigator
Deputy Fire Chief
Fire Mazshal
Emergency Paramedical Service Chief
•
85.7%
913%
92.9%
100.0%
100.0%
100.0%
1083%
1483%
1083%
Such adjustments shall be effective on the first day of the first payroli period of the
respective yeaz.
1S
ARTICLE 17 - WAGES (Continued)
The wage schedule for the purpose of this Agreement shall be Appendix B attached hereto.
17.2 Any Fire Captain assigned as a pazamedic with 15 yeazs of service who is promoted to •
Fire District Chief shall begin at the 10 yeaz step effective January t, 1994.
17.3 The wage schedule for ihe purpose of this Agreement shall be Append'vt B attached
hereto.
ARTICLE 18 - VOLUNTEERISM AND/OR OUTSIDE EMPLOYMENT
As a condition of employment, any position represented by the union as covered in the
contract, will be prohibiYed from membership in any fire department other than the Saint
Paut Department of Fire and Safety Services. In addition, other outside employment
related to fire suppression must be approved by the fire chief.
ARTICLE 19 - INCAPACITATION
19.1 Employees injured during the course of employment and thereby rendered incapabie of
performing job duties and responsibilities shall receive full wages during the period of
incapacity, not be exceed the period equal to twelve (12) months plus accumulated sick
leave. It is understood xkiat in such cases,-the-twelve (12)-month_period_ shatl_first be_ __ •
utilized and only when same is eachausted shall accumulated sick leave be applicable.
19.2 Employees disabled through injury or sickness other than specified in SecUon 19.1 above
shall receive full wages for a period equat to accumulated sick leave, plus six (6) months
as provided herein. It is understood that in such cases, accumulated sick leave shall first
be utilized before the six (6) months, or any part thereof, shall be applicable. It is further
understood that the six (6) month period shall be available to members in this unit only in
those yeazs where the last available Annual Report of the City Civil Service Office shall
show average sick leave used per member of the Saint Paul Fire Department, (based on
the 1972 Annual Report method of calculating same�, of eight (8) days or less.
193 Employees injured or incapacitated by illness in the line of duty shall be entitled to
reinstatement at any time within five (5) yeazs from the date of injury or incapacity
provided they aze physically capable of res�*!g their job.
19.4 Except as specifically provided in this Azticle, all illness and incapacity rules and policies
previously in effect shall continue.
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ARTICLE 20 - DRUG AND ALCOHOL TESTING
20.1 Policy: The Fire Department recognizes illegal drug and alcohol usage as a threat to the
• public weifaze and the empioyees of the department. Thus, the Fire Department will take
the necessary steps, including drug aud alcohol testing, to eliminate illegal usage. It is
the goal of this policy to prevent and rehabilitate rather than ternunate the employment of
workers who aze abusing drugs or alcohol. No member of the Fire Department shall be
discharged for illegal drug or alcohol use without fust having been offered the
opportunity to discontinue use either through personal choice or by treatment for
chemical dependency, if such treatment is needed. The Union agrees, at the Empioyer`s
request, to re-open negotiations of this Arficle during the term of this Agreement.
20.2 Informing Employees About Drug and Alcohol Testing: All employees will be fully
informed of the Fire Department's drug testing policy before testing is administered.
Empioyees will be provided with information conceming the impact of the use of drugs
or alcohol on job performance. In addition, the employer shall inform the employees of
how the tests aze conducted, how weli the tests perform, when the tests will be conducted,
what the tests can deteimine, and the consequences of testing positive for drug or alcohol
use. All newly hired employees will be provided with this information on their initial
date of hire. No employee shall be tested until this information is provided to him.
203 Employee Testing: No employee will be tested for drug or alcohol abuse unless there
exists reasonable suspicion to believe that the employee to be tested is under the influence
of illegal drugs or alcohol. Random or mass testing is prohibited. No such testing may be
• conducted without the written approval of the officer in chazge of the uxait. The officer in
charge must document in writing who is to be tested and why the testing was ordered.
Failure to follow any of these procedures shall result in the elimination of the test results
as if no test had been administered. The test results sha11 be destroyed and no discipline
shall be levied against the employee.
20.4 Urine collection shail be conducted in a manner which results in a legaIly acceptable
sample as well as providing a high degree of security for the sample, freedom from
adulteration of the sample, the highest possible accuracy of the clinical results wlule at
the same time preserving the dignity of the employee. Administrative procedures shall be
such as to prevent the submission of &audulent tests. VJhen appropriate, biologic testing
of the samples may be included as part of such administrative procedures. Tn testing
which could result in empioyee discipiine, if the test result is positive, a split sample shall
be reserved for independent analysis which shall be performed at the request of the
affected employee. Upon request, an employee shall be entitled to the presence of a
union representative before testing is admuustered.
20.5 Testing Procedures: All samples shall be tested for Chemical Adulteration, Narcotics,
Cannabis, PCP, Cocaine, Amphetamines, Alcohol and Sedatives. T'he testing shali be
done by a Selected Laboratory and the following standazds shall be used:
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Drug Tesring Standards
Alcohol
Dru�Groug
Amphetamine
.02 concentrarion as shown by an analysis of urine
Drug or
metaboliYe detected
Amphetamine
Methamphetamine
Cocaine metabolites Benzoylecgonine
Marijuana metabotites delta-9-THC-4-COOH
Opiate metabolites
Phencyclidine
$azbiturates
Benzodiazepine
metabolites
Methadone
Methaqualone
Propoxyphene
Codeine
Total Morphine
PCP
Secobarbitai
Pentobarbitai
Phenobazbital
Butabazbital
Oxazepam
Methadone
Methaqualone
Propoxyphene
Norpropo�phene
300 ng/ml
300 ng/ml
GC/MS •
Coafirmation
500 ng/ml
500 ng/ml
I50 ng/ml
I S ng/mi
300 ng/ml
300 ng/ml
25 ng/ml
1,000 ng/ml
1,000 ng/m1
1,000 ng/mI
1,000 ng/ml
300 ng/ml
300 ng/ml
300 ng/ml
300 ng/ml
300 ng/ml
Any sample which has been adulterated or is shown to be a substance other tban urine
shall be reported as such. All samples which test positive on a screening test shall be
confirmed by gas chromatography-mass spectrophotometry, and no records of
unconfirmed positive tests shall be released or retained by tke laboratory.
Testing shall be conducted in a manner to insure that an employee's tegal drug use does
not effect the test results.
All results shall be evaluated by a suitably trained occupational physician or occupational
nurse prior to being reported,
Test resuits shall be treated with the same confidenciality as other employee medical
records. The test results shall not be reported outside fhe Fire Department.
Initial Test
levei ng/ml
i nglml
1,000 ng/ml
300 ng/ml
t5 ng/ml
300 ng/ml
300 ng/ml
25 ng/ml
300 ng/ml
1,000 ng/ml
3,000 ng/ml
1,000 ng/ml
300 ng/ml
300 ng/ml
300 ng/ml
•
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ARTICLE 20 - DRUG A1�D ALCOHOL TESTING {Continued}
20.6 Chemical Dependency Program: Each person whose urine tests positive for illicit
• drugs shall be medically evaluated, counseled and treated for rehabilitation, if required.
In addition, at any time an employee may voluntarily enter the chemical dependency
program without feaz of disciplinary actions against him.
This Program is designated to provide caze and treatment to employees who aze in need
of rehabilitation. Details concerning treatment any employee receives at this Program
shall remain confidential and shall not be released to the public. T'tie employee shall be
responsible for the cost of treaUnent.
No empioyee shall be relieved or transferred to other than his usual duties on the basis of
one test result although the employee may be re-evaluated for his duty assignment. When
undergoing treatment and evaluation employees shall receive the usual compensation and
fringe benefits provided at their assigned position.
20.7 Right of Appeal: Each employee has the right to challenge the results of drug or alcohol
testing in the same manner that he may grieve any managerial action.
20.8 Duty Assignment After Treatment: Once an employee successfully compietes
rehabilitation, he shall be returned to his regular duty assignment. Employee
reassignment during treatment shall be based on each individual's circumstances. If
follow-up caze is prescribed after h�eattnent, this may be a condition of employment.
• Once treatment and any follow-up care is completed, at the end of two years the records
of treatment and positive drug or alcohol test results shall be retired to a closed medical
record. The employee shall be given a fresh start with a clean administrative record.
20.9 Right of Union Participation: At any time, the Union, upon request, will have the right
to inspect and observe any aspect of the drug and alcohol testing program with the
exception of individual test results. The Union may inspect individual test results if the
release of this information is authorized by the employee involved.
20.10 Union Held Harmless: This drug and alcohol testing progtam is solely initiated at the
behest of the employer. The Fire Department shail be solely liable for any legal
obligations and costs arising out of the provisions and/or appiication of this collective
bazgaining agreement relating to drug or alcohol testing. The Union shall be held
hazmless for the violation of any worker rights arising from the administration of the drug
or alcohol testing program.
20.11 Conflict with Other Laws: This Article is in no way intended to supezsede or waive an
employee's federal or state constitutional rights.
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ARTICLE 21- OVERTIME
21.1 Employees required to work in excess of their assigned tour of duty will be compensated •
at the rate of one and one-half (1.5) times the employee's normal rate. Such
compensation shall be made in cash or in compensatory time at the option of the
Employer.
21.2 The purpose of this section is to effectively eliminate three (3} Fire District Chief
positions, i.e., those positions which have been traditionally known as the pool of Fire
District Chiefs.
Beginning December 31,1997 the employer may assign Fire Captains to perform the
duties of Fire District Chiefs only in accordance with subsections 2.1, 2.2, and 2.3
beIow.
21.2,1 All Fire Chiefs assigned and available for work on a shift aze working as Fire
Deputy or District Chief.
21.2.2 The Department may assign Captains as out-of-tit�e District Chiefs for any
scheduled absence (Scheduled absence, as used herein, is an absence that will be
known when a segment schedule is prepazed and distributed for the neact, i.e.,
immediately fol]owing segment) However, the out-of-ritle assignments will not
occur until Deputy and District Chiefs, as a gro¢p have scheduted or earned,
within the calendar year, $97,417 in overtime. This overtime will be eamed by
fill'mg Deputy and District Chief scheduled absences. •
2I.23 The Association will deternrine the method and be responsible for distributing
the scheduled overtime tours of duty among the Deputy and District Chiefs.
This wiil be done to the satisfaction of the employer that qualified personnel aze
filling the positions.
ARTICLE 22 - DTSCIPLINE
22.1 The Employer may discipline employees in any form listed below:
Oral Reprimand
Written Reprimand
Suspension
Demotion
The Employer will discipline employees for just cause only and in accordance with the
concept of progressive discipline.
Employees who aze disciplined pursuant Yo the terms of this Article may appeal ihe
Employer's discipiinary action through the grievance procedure set forth in Article 6 of •
this Agreement or to a Civil Service authority pursuant to the rules and procedures of
such authority.
20
ARTICLE 23 - POSITION OPE1vINGS
23.1 To expedite the filling of vacancies under the civil service procedures, the head of the
• departrnent or designated representative will:
Make requisition for certificarion of eligibles to fill a vacancy within fifteen (15)
days after determin;ng that a vacancy exists.
Withiu fifteen (15) days after the department head has met with the certified
eligibles, he/she will fill the vacancy.
If no eligible list is in effect when a vacancy occurs, the department head shall, within
fifteen (15) days, request the Human Resources Director to conduct an examination for
the purpose of establishing an eligible list.
Nothing in this Article 23 shail be construed to eliminate or lessen the Department Head's
right to determine the number of employees in any class title.
ARTICLE 24 - CITY MILEAGE
24.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paui
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
• foliowing provisions are adopted.
24.2 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 $4.00 per day for
each day the empioyee's vehicle is actually used in perfomung the duties of the
employee's position. In addition, the employee shall be reimbursed $.20 per mile for
each mile actually driven.
If such employee is required to drive an automobile during employment and the
Deparunent Head or designated representative determines that an employer vehicle is
available for the employee's use but the employee desires to use hislher own automobile,
then the employee shall be reimbursed at the rate of $.20 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 REGiJLARLY during
employment, the employee shall be reimbursed at the rate of $4.00 per day for each day
of work. In addition, the employee shali be reimbursed $.20 per mile for each arile
actually driven.
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21
ARTICLE 24 - CITY MILEAGE (Continued)
If such employee is required to drive an auiomobile dnring 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 reimbursed at the rate of $.20 per mile driven and
shall not be eligible for any per diem.
243 The City will provide pazking at the Civic Center Pazking 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 oniy for the
days the employee is required to have his or her own personat caz available.
24.4 Rules and Regularions: The Mayor shall adopt rules �d regulations goveming the
procedures for automobile reimbursement, which regutations and niles shall contain the
requirement that recipients shall fiie daily reports indicating miles driven and shall file
monthly affidavits stating the number of days worked and tfie 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,OQ0 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.
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22
ARTICLE 25 - DIIRATION OF AGREEMENT
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•
25.1 Except as herein provided, this Agreement shall be effective as of the date the Agreement
is executed by the parties, and shall continue in full force and effect through the 31 st day
of December, 2001, and thereafter until modified or amended by mutual agreement of the
parties. Either pariy desiring to amend or modify this Agreement shall notify the other in
writing so as to compiy with the provisions of the Minnesota Public Employment Labor
Relations Act of 1984.
25.2 The wage schedule altached hereto as Appendis "B" shall take force and effect at such
tnne as is specified in the administrative resolution recognizing and approving this
Agreement in accordance with Section 12.09 of the Saint Paul City Charter.
Signed this �day of February, 2000
CITY OF SAINT PAL3L
� I��.�.��
Terry`�ialtiner
Labor Relations Manager
SAINT PAUL FIRE SUPERVISORY
ASSOCIATION
�� ���
Aonato Bataglia,
President
23
�, , , iz:�
• Regulation "West Point" long sleeve police shirt
Regulation "West Point" short sleeve police shirt
Ranking Officer's white uniform shirt, long sleeve, West Point 7500C
Ranking Officer's white uniform shirt, short sleeve, West Point 7500C
Jersey type long sleeve sweat shirt, navy blue - Wilson 8632
3ersey type 3/4 sleeve sweat shirt, navy blue - Wiison 8632
Fechheimer Bros. navy blue trousers 32200
Fechheimer Bros. navy blue trousers 32250
Jacket - Light weight, waist style Fechheimer 32100
Fur coat - Energy 100FD - Sizes 48 - 50 add 10°/a - longs add 10%
Jacket - Califomia thermai chief - Horace Smali
Pazka - Navy - Butwin 111 SP
Regular sizes 34 - 46
Extra sizes 48, 50, 52, Long
• Liners for summer uniform fire fighter jacket - Fechheimer Bros.
32704
Sewing Costs: No cost when ordered with jacket, otherwise ..
Caps
Trooper Cap
Chiefs Navy-Stype Midwest-N.W.
8 pt. Midwest-N.W.
Belts - leather - black - 1.5 inch
Shoes
Wedge style oxford - Red Wing shoe #101
Slip on style oxford - FLOAT-AWAYS #J5347
Slip on style oxford - FLOAT-AWAYS #J5318
Lace style oxford - FLOAT-AWAYS Z5096
Slip on style o�ord Weinbrenner 1635
Slip on style oxford Weinbrenner 1435
Lace style oxford T5152 Mocc toe
Lace style oxford Weinbrenner 1225
Lace style oxford Weinbrenner 1250
Socks
Munsingweaz #40
Munsingweaz #415 - stretch style
• Ties - black, 4-in-hand, or snap-on style
A1
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APPENDIX B: BIWEEKLY RATES
Salary ranges applicable to titles covered by this Agreement shall be as shown below:
Effective 1/1/2000 Three and one/tenths percent increase
Effective 1/1/2001 Two and ninety-five hundredths percent increase
492A Chief Fire investigator
672 Fire Communicatio� Chief
150 Fire District Chief
697 Fire T2ining Officer
A B C D E F 10-1R 15-YR
(�l (Zl (3) (41 (� (6) (�l ($)
01/01/2000 $ 2,149.33 $ 2.255.48 $ 2,366.98 $ 2.461.48 $2,586.02 $2,689.78 $2,828.15 $ 2,897.37
01l01/2001 $ 2,212.74 $ 2,322.02 $ 2,436.81 $ 2,534.09 $2,662.31 $2.769.13 $2,911.58 $ 2.982.84
r �
L
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L
193A Deputy Fire Chief
179A Emergency Paremedical Services Chief
186 Fire Marshall
A B C D E F
(1) (2) (3) (4) (5) (6)
01/01/2000 $ 2,327.73 $ 2,442.67 $ 2,563.44 $ 2,665.75 $2,80D.64 $2,913.00
Otl01f2001 $ 2,396.40 $ 2,514.73 $ 2,639.06 $ 2,744.39 $2,88326 $2,998.93
10-YR 15-YR
�� �
$ 3.062.87 $ 3,137.85
$ 3,15322 $ 3.230.42
:
_ �i
'�� � � -
� �
� � � � � � � 2000 �- 2U01 _ _ - �
-, , AGREEMENT -
�.
� : � � - � � =-between - " � � ,
` � THE CITY OF SAINT FAUL-
.�� �,. -
� � � aniI�= � � � �
, <
>.
. . . _.
<_THE SAIN� PAITL FIRE SUPEI2VISO�2Y ASSOGIAT�O� ` ,
� �. � � � � - �
M
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INDEX
ARTICLE TITLE PAGE
1 PurQose ..........................................................1
2 Definitions .......................................................1
3 Recognition ......................................................2
4 Security .........................................................3
5 Employer Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
6 Grievance Procedure ...............................................3
7 Savings Clause ....................................................6
8 Uniform A1lowance ................................................6
9 LegalServices ....................................................7
10 Seniority .........................................................7
11 Ca1lBack ........................................................7
12 Insurance ........................................................8
13 Vacation ........................................................11
14 Holidays ........................................................12
• 15 Sick Leave and Parental Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
16 Severance Pay ...................................................13
17 Wages ..........................................................15
18 Volunteerism and/or Outside Employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
19 Incapacitation ....................................................16
20 Drug and AlcoholTesting ..........................................17
21 Overtime .......................................................20
22 Discipline .......................................................20
23 Position Openings ................................................21
24 City Mileage .....................................................21
ZS Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
AppendixA .............................................. A1
AppendixB .............................................. Bl
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ARTICLEI-PURPOSE
s
l.l The Employer and the Saint Paul Fire Supervisory Association {SPFSA) agree that the
purpose of entering into this Agreement is to:
i.l.i Achieve orderly and peaceful relations, thereby establishing a system of
uninterrupted operations and the highest level of performance that is consistent
with the weli being of all concemed.
1.1.2 Establish the full and complete understanding of the parties conceming the terms
and conditions of this Agreement.
1.13 Establish procedures to orderly and peacefully resolve disputes as to the
application of interpretation of this Agreement.
1.1.4 Place in written form the parties' agreement upon terms and conditions of
employment for the duration of this Agreement.
ARTICLE 2 - DEFINITIONS
2.1
2.2
• 23
2.4
2.5
2.6
2.7
Association: Saint Paul Fire Supervisory Association (SPFSA)
Empioyer: The City of Saint Paul
Association Member: A member of Saint Paul Fire Supervisory Association (SPFSA).
Employee: A member of the exciusively recognized bazgaining unit as certified by the
State Bureau of Mediation Services in Case No. 78-PR-1056-A dated August I, 1978.
Vacancy: As determined by the department head, a funded position opening in a class
specified in Article 3.2.
Position: Any specific o�ce, employment or job in the Fire Department in a class
specified in Article 3.2.
Tour of Duty:
A. For a fifty-six (56) hour work week employee: The performance of job duties and
acceptance of the responsibilities of a position for a consecutive and uninterrupted
twenty-four (24) hour period from 8:00 a.m. on a calendar day to 8:00 a.m. on the
foilowing calendar day.
B. For a forty (40) hour work week employee: The performance of job duties and
acceptance of the responsibilities of a position for a consecutive and uninterrupted
eight (8) hour period within a calendaz day.
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ARTICLE 2 - DEFIIVITIONS (Continued)
C. Notwithstanding B above, employees assigned to a forry (40) hour work week '
may, through mutual agreement with the Employer, work schedules other than �
schedules limited by B above. Overtime compeasafion for employees working
under such agreements shall be subject to the provisions as set forth by the Fair
Labor Standards Act.
2.8 Department: The fire department of the City of Saint Paul as established and amended
from time to time pursuant to Section 4.01 of the City Charter.
2.9 Overtime: Work performed by an Employee in excess of the Employee's tour of duty by
order of the Employer.
2.10 Overtime Pay: For employees assigned to a fifty-six (56) hour work week, overtime pay,
for the purpose of Article 21, will be based on a fifty-six (5� hour work week. For
employees assigned to a forty (40) hour work week, overtime pay, for ihe purpose of
Article 21, will be based on a forty (40) how work week.
ARTICLE 3 - RECOGNITION
3. I The Employer recognizes the SPFSA as the exclusive representative for the purpose of
meeting and negotiating the terms and conditions of employment for supervisory Fire
Depaztment personnel.
3.2 Job classes which are within the bazgaining unit and covered by this Agreement aze as •
foliows:
AssisTant Fire Marshal
Chief Fire Investigator
Deputy Fire Chief
District Fire Chief
Fire Communications Chief
Fire Dispatch Supervisor
Emergency Paramedical Services Chief
Emergency Prepazedness Coordinator
Fire Marshal
Fire Training Officer
33 In the event the Employer and the Association are unable to agree as to the inclusion or
exclasion of a new or modified job position, the issue shall be subnvtted to the Bureau of
Mediation Services for determination.
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ARTICLE 4 - SECURITY
' 4.1 The Emp]oyer shall deduct from the wages of Employees who authorize such a deduction
• in writing an amount necessary to cover monthly Association dues and assessments.
Such monies shall be remitted as directed by the Association.
4.2 The Association may designate Employees from the bazgaining unit to act as stewards
and shall inform the Employer in writing of such choice.
43 The Association agrees to indemnify and hold the Employer harmless against any and all
claims, suiu, 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 article.
ARTICLE 5 - EMPLOYER AUTAORITY
5.1 The SPFSA recognizes the prerogatives of the Employer to operate and manage its affairs
in all respects in accordance with applicable laws and regulations of appropriate
authorities. The prerogatives and authority which the Employer has not officially
abridged, delegated or modified by this Agreement are retained by the Employer.
5.2 A public employer is not required to meet and negotiate on matters of inherent
managerial policy, which include but aze not limited to, such azeas of discretion of policy
as the functions and programs of the employer, its overall budget, utilization of
technology, and organizational structure and selection and direction and number of
• personnel.
ARTICLE 6 - GRIEVANCE PROCEDURE
6.1 DEFINITION OF GRIEVANCE: A grievance is defined as a dispute or disagreement
as to the interpretation or application of the specific terms and conditions of the
Agreement.
6.2 SPFSA REPRESENTATIVES: The Employer will recognize representarives
designated by the SPFSA as the grievance representatives of the bazgaining unit having
the duties and responsibilities established by this Article. The SPFSA shall notify the
Empioyer in writing of the names of such SPFSA representatives and of their successors
when so designated.
63 PROCESSING OF GRIEVANCE: It is recognized and accepted by the SPFSA and the
Employer that the processing of grievances as hereinafter provided is limited by the job
duties and responsibiliries of the Employee and shall therefore be accomplished during
normal working hours only when consistent with such Empioyee duties and
responsibilities. The aggrieved Employee and the SPFSA shall be allowed a reasonable
amount of time without loss in pay when a grievance is investigated and presented to the
• Employer during normal working hours provided the Employee and the SPFSA
representatives have notified and received the approval of the designated supervisor who
K7
ARTICLE 6 - GRIEVANCE PROCEDURE (Continued)
has detemuned that such absence is reasonable and wouid not be detrimental to the work
program of the Employer. •
6.4 PROCEDURE: Grievances, as defined by Secrion 5.1 shall be resolved in conformance
with the following procedure:
Sten 1 An Employee claiming a violation concerning the interpretation or application of
the Contract shali within iwenty-one (21) calendar days after such alleged
violadon has occurred present such grievance to the Employee's supervisor as
designated by the Employer. The Employer designated representative will discuss
and give an answer to such Step 1 grievance within ten (10) calendaz days after
receipt. A gievance not resolved in Step 1 and appealed in Step 2 shatl be piaced
in writing setting forth the nature of the grievance, the facts on which it is based,
the provision or provisions of the Contract allegedly violated, the remedy
requested, and shali be appealed to Step 2 within ten (10) calendaz days after the
Employer-designated representative's final answer in Step 1. Any grievance not
appealed in writing to Step 2 by the SPFSA within ten (10) calendar days shall be
considered waived.
Sten 2 If appealed, the written grievance shall be presented by the SPfiSA, and discussed
with the Employer-designated Step 2 representative. The Employer-designated
representative shall give the SPFSA the Employer's Step 2 answer in writing
within ten (10) calendaz days after receipt of such Step 2 grievance. A grievance
not resolved in Step 2 may be appealed to Step 3 within ten (10) aalendar days •
following the Employer-designated representative's Step 2 answer. Any grievance
not appealed in writing to Step 3 by SPFSA within ten (10) calendar days shail be
considered waived.
Steu 3 If appealed, the written grievance shall be presented by the SPFSA to, and
discussed with the Employer-designated Step 3 representative. The
Employer-designated representative shali give the SPFSA the Employer's artswer
in writing within ten (10) calendar days after receipt of such Step 3 grievance. A
grievance not resolved in Step 3 may be appealed by the SPFSA to Step 4 within
ten (10) calendar days following the Employer-designated representative's final
aztswer in Step 3. Any grievance not appealed in writing to Step 4 by the SPFSA
within ten (10) calendaz days shall be considered waived.
Ontional NFediation Sten
If the grievance has not been satisfactorily resolved at Step 3, either the Union or
the Employer may, within ten (10) calendar days, request mediation. If the parties
agree that the grievance is suitable for mediation, the parties shall submit a joint
request to the Minnesota Bureau of Mediation Services for the assignment of a
mediator. Grievance mediation shall be completed within thirty (30) days of the •
assignment unless the parties mutually agree to lengthen the titme limit.
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ARTICLE 6 - GRIEVANCE PROCEDURE (Continued)
2. Grievance mediation is an optional and voluntary part of the grievance resolution
• process. It is a supplement to, not a substitute for, grievance arbitration. When
grievance mediation is invoked, the contractual time limit for moving the
grievance to azbitration shall be delayed for the period of inediation.
3. The grievance mediation process shall be informal. Rules of evidence shall not
apply, and no record shall be made of the proceeding. Both sides shail be
provided ampie opportunity to present the evidence and argument to support their
case. The mediator may meet with the parties in joint session or in sepazate
caucuses.
4. At the request of both paities, the mediator may issue an oral recommendation for
settlement. Either party may request that the mediator assess how an azbitrator
might rule in tivs case.
5. The grievant shall be present at the grievance mediation proceeding. If the
grievance is resolved, the grievant shall sign a statement agreeing to accept the
outcome. Unless the parties agree otherwise, the outcome shall not be
precedential.
6. If the grievance is not resalved and is subsequently moved to arbitration, such
proceeding shall be de novo. Nothing said or done by the parties or the mediator
• during grievance mediarion with respect to their positions concerning resolution
or offers of settlement may be used or referred to during azbitration
StCp 4 A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to
azbitration subject to the pzovisions of the Public Employment Labor Relations
Act of 1971. The selection of azbitrator shall be made in accordance with the
"Rules Goveming the Arbitration of Grievances" as established by the Public
Employment Relations Board.
6.5 ARBITRATOR'S AUTHORITY: The arbitrator shall have no right to amend, modify,
nullify, ignore, add to, or subtract from the terms and conditions of the Agreement. The
azbitrator shall consider and decide only the specific issue(s) submitted in writing by the
Employer and the SPFSA, and shall have no authority to make a decision on any other
issue not so submitted.
6.6 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 the close of the hearing or the submission of briefs by the
parties, whichever is later, unless the parties agree to an extension. The decision shall be
based solely on the arbitrator's interpretation or application of the express terms of this
Agreement and to the facts of the grievance presented.
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ARTICLE 6 - GRIEVANCE PROCEDURE (Contiaued)
6.7 The fees and eacpenses for the arbitrators' services and proceedings shall be borne equally
by the Employer and the SPFSA, provided that eacfi party shall be responsible for .
compensating its own representatives and witnesses. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made, providing it pays for the
record. If both parties desire a verbatim record of the proceedings, the cost shall be
shared equally.
6.8 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 neat step within the
specified time 1'unit or any agreed eactension thereof, it shall be considered settled on the
basis of the Employer's last answer. If the Employer does not answer a grievance or an
appeal thereof within the specified time limits, the SPFSA may elect to treat the
grievance as denied at that step and immediately appeal the grievance to the next step.
The time limit on each step may be ea�tended by mutuat written agreement of the
employer and the SPFSA in each step.
6.9 RECORDS: All documents, communicarions and records dealing with a grievance shall
be filed sepazately from the personnel files of the involved employee(s).
ARTICLE 7 - SAVING5 CLAUSE
— -- •
- - - -
7.1 This Agreement is subject to the laws of the United States, the State of Minnesota and the
City of Saint Paul. In the event any provision of this Agreement shall be held to be
contrary to law by a court of competent jurisdiction from whose final judgment or decree
no appeal has been taken within the time provided, such provisions 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.
ARTICLE 8 - UNIFORM ALLOWANCE
8.1 The 1972 base of One Hundred Twenty Dollars ($120.00) as a clothing allowance on a
voucher system will be increased 7anuary 1,1974, and each year thereafter on the basis of
a yeazly study of the increased cost of the defined uniform. The 1972 base cost of the
uniform is stipulated and attached as Appendix A.
8.2 It is further understood that employees covered by this Agreement shall receive a clothing
allowance which is Thirty ($3Q.00) dollazs greater than that provided by Article 8.1 of
this Agreement.
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ARTICLE 9 - LEGAL SERVICES
9.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the
. Employer shall defend, save hamiless and indemnify an Employee, and/ar his/her estate,
against any ciaim or demand, whether groundiess or otherwise, arising out of an alleged
act or omission occurring in the performance and scope of the Employee's duties.
9.2 Notwithstanding Article 9.1, the employer shall not be responsible for paying any legal
service fee or for providing any legal service arising from any legal action where the
employee is the Plaintiff:
ARTICLE 10 - SENIORITY
10.1 Department Seniority: For the purposes of this Agreement seniority shall be defined as
the length of continuous and uninterrupted employment in the fire department.
10.2 Loss of Department Seniority: An Employee will lose acquired department seniority in
the following instances:
10.2.1 Resignation
10.2.2 Dischazge
10.23 Retirement
103 Work Force Reduction: In the event of a reduction in the department work force, such
• reduction shall occur in accordance with Section 22 of the Civil Service Rules as of the
date of the signing of this Agreement.
10.4 Reduction in Rank: Reduction in rank shall be in accordance with the Civil Service
Rules as of the date of the signing of this Agreement. (Except as indicated below)
10.4.1 Reduction in rank for periods up to but no more than 30 consecutive
calendar days will be by platoon seniority.
10.4.2 Reduction in rank for more than 30 cansecutive calendaz days shall be in
accordance with the Civii Service Rules as of the date of the signing of
this Agreement.
ARTICLE 11- CALL BACK
11.1 Employees required by the Employer to report for work during off-duty time will be
compensated at the overtime rate in accordance with Article 2.10 of this Agreement. The
minimum payment under this Article will be four (4) times the Employee's hourly rate.
An eaziy report of two (2) hours or less, or an extension of a nozmally scheduled tour of
duty, shall not qualify an Employee for this minimum payment.
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ARTICLE 12 - INSURANCE
12. I The insurance pIans, premiums for coverages, and benefits contained in the insurance
plans offered by the Employer shall be solely controlled by the contracts negoriated by
the Employer and the benefit providers. The Employer will attempt to prevent any •
changes in the benefits offered by the benefit providers. However, the empIoyees
selecting the offered plans agree to accept any changes in benefits which a specific
provider unplements.
122 Eligibility for full-time benefits is defined as appearing on the payroll an average of at
least sixty-four (64) hours per biweekly pay period for the twelve (12) month period
preceding the annvat open enroltment or special enrotlmenu of the employment period
preceding initial eligibility.
123 Effective January 1,2�OQ, the Empioyer wilt contribute $276.65 per month for health
insurance to eligible employees who select single coverage. Further the Employer will
contribute $418.78 per month to eligible empioyees who select family coverage.
12.4(1)Effective January, 2001, the Employer will contribute $276.65 per month for health
insurance to eligibie employees who select single coverage.
12.4(2)Effective for the January 2001 insurance coverage, the Employer will contribute $418.78
plus an amount equai to the 2001 single health insurance premium increase up to forry
($40) dollazs. If the 2001 single insurance premium increase is over forty ($40) dollazs,
the Employer will contribute 50% of the amount over forty ($40) dollazs.
12.5 Under the cafeteria plan full-time, eligible employees, must select at least singie health .
insurance coverage and employee life insurance in an amount of $10,000. It is
understood that these mandatory coverages may not be waived.
12.6 Any unused portion of the Employer's con�ibution for which an employee is eligible is
defined as unused benefit dolIazs, not salary, and shall be paid to the employee as taYable
income. Such payment will be made during the month of December for the insurance
yeaz.
However, an employee whose spouse is also employed by the City of St. Paul and is
eligible to participate in the city's health insurance plan will not be required to select the
mandatory health insurance coverage as long as one of the spouses is participating in the
city's health insurance plan with fanuly coverage. The mandatory life insurance coverage
continues to apply. In tYris event, only the difference between the cost of the mandatory
life insurance and the employer contribution amount for single health insurance coverage
shall be eligible for payment as unused benefit dollazs.
Effective January 1, 1999, the amount eligible for payment as unused benefit dollars shall
be the actual cost of the single health insurance premium, less the cost of the monthly life
insurance premium.
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3
ARTICLE 12 - INSURANCE (Continued)
12.8 Under the cafeteria plan, employees covered by this agreement will be eligible to
� participate in the Fle�ble Spending Accounts offered by the Employer. The service fee
charged for employees participating in the Dependent Care Account will be paid by the
Employer. The service fee for employees participating in the Medical Expense Account
will be paid by the employee. �
Survivor Insurance
129 In the event of the death of an active employee, the dependents of the employee shail
have the oprion, within thirty (30) days, to continue the current hospitalization and
medical benefits, including such plan improvements as may be made from time to time,
which said dependents previously had, at the preauum and Employer contribution
applicable to eligible eazly retirees. The date of death shall be considered to be the date
of retirement.
In the event of the death of an eariy retiree or a regulaz retiree, the dependents of the
retiree shall have the option, within thirty (30) days, to continue the current
hospitalization and medical benefits which said dependents previously had, at the
premium and Employer contribution accorded to the eligible deceased retiree.
In the event of the death of an employee killed in the line of duty, the Employer wiil
contribute 100% of the premium for either singie or fatnily health insurance coverage
� for eligible dependents. An eligible dependent who is not enrolled in the City's heaith
insurance program at the time of the employee's death will have an option to enroll at
the next annual open enrollment period.
It is understood that such coverage shall cease in the event of:
12.9.1 The subsequent remarriage of the surviving spouse of the deceased empioyee or
retiree.
12.9.2 The employment of the surviving spouse where hospital insurance coverage is
obtained through a group program provided by said Employer. However, it is
further understood that in said event, the surviving spouse shall have the right to
maintain City health insurance coverage for the first ninety (90) days of said
employment.
Retiree Insurance
12.10 Employees who retire must meet the following conditions in order to be eligible for
Employer contributions listed in Articles 12.11 through 12.14 below toward a health
insurance plan offered by the Employer:
12.10.1 Be receiving benefits from a public employee retirement act covering
• employees of the City of Saint Paul at the time of retirement, and
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ARTICLE 12 - INSURANCE (Continued)
12.10.2
Have severed his/her relationship with the City of Saint Paul under one of
the retiree plans,and
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12.10.3
12.10.4
Have completed at least 20 years of service with the City of Saint Paul or
be receiving a disability pension from the City of Saint Paul, and
Have severed 3rislher relationship with the City of Saint Paul for reasons
other than an involuntary temunation for misconduct.
Early Retirees
12.11 This Article shall apply to employees who:
12.11.1
12.11.2
12.113
12.11.4
12.11.5
Retire on or after January 1, 1996, and
Were appointed on or before December 31, 1495, and
Have not attained age 65 at retirement, and
Meet the terms set forth in Article 12.10 above, and
Select a health insurance plan ofFered by the Employer.
Until such retirees reach sia�ty-five (65) years of age, the Employer agrees to contribute a
maximum of $350.00 per month towazd the premium for single or family health insurance
coverage. Any unused portion of tfie Employer's contribution shaII not be paid to the retiree.
When such eazly retiree attains age 65, the provisions of Article 12.13 shatl apply.
12.12 This Article shall apply to empioyees who:
12.12.1 Retiree on or after January 1, 1996, and
12.12.2 Were appointed on or after January 1, 1996, and
12.123 Aave not attained age 65 at retirement, and
12.12.4 Meet the terms set forth in Articie I2.10 above, and
12.12.5 5elect a health insurance plan offered by the Emgloyer.
ilntil such retirees reach sixry-five years (65) of age, the Employer agrees to contribute
a maximum of $300.00 per month towazd the cost of single or family health insurance
coverage. Any unused portion of the Employer's conhibution shall not be paid to the
retiree.
When such eazly retiree attains age 65, the provisions of Article 12.14 shatl apply.
Regular Retirees (Age 65 and over)
12.13 This Article shall apply to employees who:
12.13.1 Retire on or after January 1, 1996, and
12.13.2 Were appointed prior to January 1, 1996, and
12.13.3 Have attained age 65 at retirement, and
12.13.4 Meet the terms set forth in Article 12.10 above, and
12.13.5 Select a health insurance plan offered by the Employer.
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ARTICLE 12 - IN5URANCE (Continued)
The Employer agrees to contribute a maximum of $550.00 per month toward the
• premium for single or family health insurance coverage offered to regulaz retirees and
theiz dependents. Any unused portion of the Employer's contriburion shai] not be paid to
the retiree.
12.14 This Article shall apply to employees wha:
12.14.1 Retire on or after January 1, 1996, and
12.14.2 Were appointed on or after January 1, 1996, and
12.143 Have attained age 65 at retirement, and
12.14.4 Meet the terms set forth in Article 12.10 above, and
12.14.5 Select a health insurance plan offered by the Employer.
The Employer agrees to contribute a maximum of $300.00 per month towazd the
premium for single or family health insurance coverage offered to regulaz retirees and
their dependents. Any unused portion of the Employer's contribution shall not be paid to
the retiree.
12.15 The contributions indicated in this Article 12 shall be paid to the Employer's third party
administrator or designated representative.
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ARTICLE 13 - VACATION
13.1 In each fiscal yeaz, each Full-time employee shall be granted vacation accord'ang to the
following schedule:
Years of service 56 hour Emplovees
1 st yeaz thru Sth year 112.0 hours *
6th yeaz thru 15th yeaz 168.0 hours **
16th yeaz thru 25th yeaz 235.0 hours "* *
26th year and beyond 246.4 hours ****
* (2 x designated work week)
** (3 x designated work week)
*** (4.2 x designated work week)
**"*(4.4 x designated work week)
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40 hour Emolovees
112 hours (14 days) (.0539)
160 hows (20 days) (.0769)
200 hours (25 days) (.0962)
208 hours (26 days) (.1000)
13.2 The department head may permit Employees to carry over into the foliowing fiscal year,
vacation time equivalent to three work weeks. Vacation schedules shall be fixed by the
department head. An Employee not working full-tune shall be granted vacation on a
pro-rata basis.
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ARTICLE 13 - VACATION (Continued)
13.3 Employees sepazated from employment by reason of resignation shall be granted such
vacation pay as has been eamed and remains unused at tfie fime of separation, provided •
notification of resignation has been sent to the department head, in writing, at least fi8een
(15) calendaz days prior to the date of resignation. Employees sepazated from
employment by reason of discharge, retirement, or death shall be granted such vacation
pay as has been eamed and remains unused at the time of sepazation. Employees granted
more vacation time than eamed at the time of separation from employment shall pay the
Employer for such uneamed vacation.
ARTICLE 14 - HOLIDAYS
14.1 In addition to what is provided in Saint Paut Ordinance No. 6446, add one additional
floating holiday which is to be added to the vacation schedule by increasing vacation by
.2 (two-tenths) times the number of hours designated as the work weak.
14.2 Effective 1986 and in addition to 14.1 above, add one additional holiday (Martin Luther
King Day) to the vacation schedule by increasing vacation by .2 (two-tenth) times the
number of hours designated as the work week.
143 In addition to what is provided in Section 14.1 and 14.2 above, and the St Paul
Ordinance No. 6446, add one additional tour of duty holiday. In each yeaz of this
agreement, tkis tour of duty Hokday may, at tlie option-of the emplogee: -(1) Be added to •
the employee's vacation sckeduie, or (2) the employee may choose to receive payment at
his regular rate of pay in lieu of taking time off on the additional tour of duty Holiday
provided herein. If the Employer has not received and approved an employee's request
for his/her additionat tour of day Holiday time off by November 15 of each calendar year,
such employee can only receive payment at the regulaz rate of pay and can no longer elect
to take time off for that calendar year. Such payment shall be made no later than the last
regularly scheduled pay day of that calendar year
14.4 On January 1, 1999, all employees in the titles of Chief Fire Investigator, Fire
Communications Chief, Fire District Chief and Fire Training Officer with a minimum of
15 yeazs of service will be provided one additional taur of duty holiday. This ho&day is
subject to the same conditions idenrified in Section 143.
14.5 Effective January i, 2000, atl employees in the bazgaining unit will be eligible for the
tour of duty holiday Iisted in 14.4.
14.6 For those employees assigned to a work week other than Monday through Friday, the
holiday shall be observed on the calendar date of the holiday.
14.7 Eligibility for Holiday Pay and Floating Holidays shall be in accordance with Section 1
(one) Subsection I of the Salary Plan and Rates of Compensation Resolution.
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ARTICLE 15 - SICK LEAVE AND PARENTAL LEAVE
15.1 Sick leave shall be eamed and granted in accordance with the Civil Service Rules.
� 15.2 In the case of a serious illness or disability of an employee's child, parent or househoid
member, the head of the department shall grant leave with pay in order for the employee
to care for or make arrangements for the care of such sick or disabled persons. Such paid
leave shall be drawn from the employee's accumulated sick leave crediu. Use of such
sick leave shall be limited to the number of hours designated to be the employee's work
week per incident.
153 Any employee who has accumulated sick leave credits, as provided in the Civil Service
Rules, may be granted one day of sick leave to attend the funeral of the employee's
grandparent or grandchild.
15.4 If an employee has an accumulation of sick leave credits in excess of one hundred and
eighty days, he/she may convert any part of such excess to vacation at the rate of one-half
day's vacation for each day of sick leave credit. No employee may convert more than ten
(10) days of sick leave in each calendaz year under this provision.
15.5 Maternity and Parenta] Leave. Pregnant employees of the City of Saint Paul shall be
eligible for the use of paid sick leave and unpaid leave of absence in the same mannet as
any other disabled or ill City employee. Such paid sick leave eligibility shall begin upon
certification by the employee's attending physician that the employee is disabled in terms
• of her ability to perform the duties of her position.
A twelve (12) month Parental leave of absence without pay shall be granted to a naturai
pazent or an adoptive parent, who zequests such leave in conjunction with the birth or
adoption of a child. Such leave may be ea�tended an additional twelve (12) months by
mutual agreement between the empioyee and the Employer. Refusal on the part of the
Employer to grant an extension of such leave shall not be subject to the provisions of
Article 6 of this Agreement.
Employees who return following such leaves of absence shall be placed in a position of
equivalent salary and tenure as the one held just prior to the beginning of their leave.
ARTICLE 16 - SEVERANCE PAY
16.1 Effective January l, 1990, the employer shall provide a severance pay program as set
forth in this Article 16.
16.2 To be eligible for the severance pay program, an employee must meet the following
requirements:
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Al2TICLE 16 - SEVERANCE PAY (Contiaued)
16.2.1 The employee must be voluntarily sepazated from CiTy empioyment or have been
subject to sepazation by lay-off or compulsory retirement. Those employees who
aze dischazged for cause, misconduct, inefficiency, incompetency, or any other
disciplinary reason aze not eligible for the City Severance pay program.
16.2.2 The employee must file a waiver of reemployment with the Human Resources
Director, which will clearly indicate that by requesting severance pay, the
employee waives all claims to reinstatement or reemployment (of any type), with
the City or with Independent School District No. 625.
16.23 The employee must have an accumulated balance of at least eighty (80) days of
sick leave credits at the time of his separarion from service.
163 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
sepazarion for each day of accrued sick leave subject to a maximum as shown below
based on the number of yeazs of service with the City,
Years of Service
with the Citv
At least 20
21
22
23
24
25
Maximum
Severance Pav
$ 5,000
6,000 _
7,000
8,000
9,000
10,000
However, any employee separated from City employment on or after January 1, 1992
who has an accumulated balance of at Ieast one thousand eight hundred fifty (1,850)
hours of sick leave credits and at least twenty-five (25) years of service at the time of
hislher sepazation from service sha11 be granted severance pay in the amount of thirEy
thousand dollazs ($30,000).
Employee with twenry (20) or more years of service who is ruled disabled and is
receiving a disability pension and who has 1850 hours of accumulated sick leave
shall be allowed the maximum severance benefit of $30,000.
The manner of payment of such severance pay shall be made in tluee consecutive annual
payments of ten thousand dollazs ($10,000) each. The annual payments shall be made in
February of each year. The first payment sha11 be made during the month of February in
the year following the yeaz in which the employee sepazates hislher employment.
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ARTICLE 16 - SEVERANCE PAY (Continued)
16.4 For the purpose of this severance prograni, a death of an employee shali be considered as
• separation of empioyment, and if the employee would have met all of the requirements
set forth above at the time of his or her death, payment of the severance pay may be made
to the employee's estate or spouse.
16.5 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
sepazation of employment, and such transferee shall not be eligible for the City severance
program.
16.6 The manner of payment of such severance pay shall be made in accordance with the
provisions of City Ordinance No. 11490.
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16.7 The manner of payment of severance in amounts of ten thousand dollars ($10,000) or less
shall be made in accordance with the provisions of City Ordinance No. 11490.
ARTICLE 17 - WAGES
17.1 When the 1994 rates for Fire Captain Paramedic aze detemuned, the steps in the 1994
salary range for District Fire Chief shall be adjusted to reflect a fifteen percent (15%)
differential above the coaesponding step in the 1994 salary range for Fire Captain
Pazamedic. The 1994 Fire Captain Pazamedic rates on which the 15% differential is
based shall not include any amount that has been added to the Fire Captain Pazamedids
rate in lieu of an Employer's insurance conttibution. This same process shall be repeated
to determine the final 1995 and 1996 rates for the title of District Fire Chief.
The biweekly rates for titles other than District Fire Chief covered by this Agreement
shall be adjusted each yeaz to reflect the percent as shown below of the 1994, 1995 and
1996 rates applicable to the title District Fire Chief.
PERCENT of
DISTRICT FIRE CHIEF
TITZE
Fire Dispatch Supervisor
Assistant Fire Mazshal
Emergency Prepazedness Coordinator
Fire Communications Chief
Fire Training Officer
Chief Fire Investigator
Deputy Fire Chief
Fire Mazshal
Emergency Pazamedical Service Chief
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85.7%
913%
92.9%
100.0%
100.0%
100.0%
1083%
108.3%
108.3%
Such adjustments shall be effective on the first day of the first payroll period of the
respective yeaz.
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ARTICLE 17 - WAGES (Continued)
The wage schedule for the purpose of this Agreement shall be Appendix B attached hereto.
17.2 Any Fire Captain assigned as a pazamedic with 15 years of service who is promoted to •
Fire District Chief shall begin at the 10 year step effective January 1, 1994.
17.3 The wage schedute for the purpose of this Agreemeat shall be Appendi�� B attached
hereto.
ARTICLE 18 - VOLUNTEERISM A1�TD/OR OUTSIDE EMPLOYNTENT
As a condition of employment, any position represeated by the union as covered in the
contract, will be prohibited from membership in any fire department other than the Saint
Paui Department of Fire and Safety Services. In addition, other outside employment
related to fire suppression must be approved by the fire chief.
ARTICLE 19 - INCAPACITATION
19.1 Employees injured during the course of employment and thereby rendered incapable of
performing job duties and responsibilities shaIl receive full wages during the period of
incapacity, not be exceed the period equal to twelve (12) months plus accumulated sick
keave. It is understood tha�insr�chcases, the-twelv�(1-2)-month-period-shailfvst_be •
utilized and only when same is exhausted shall accumulated sick leave be applicable.
19.2 Employees disabled through injury or sickness other than specified in Section 19.1 above
shall receive full wages for a period equal to accumulated sick leave, plus six (6) months
as provided herein. It is understood that in such cases, accumulated sick leave shall first
be utilized before the six (6) months, or any part thereof, shall be applicable. It is further
understood that the sis (6) month period shall be available to members in this unit only in
those yeazs where the last available Annual Report of the City Civil Service Office shall
show average sick Ieave used per member of the Saint Paul Fire Deparnnent, (based on
the 1972 Annual Report method of calculating same), of eight (8) days or less.
19.3 Employees injured or incapacitated by illness in the Iine of duty shal] be entifled to
reinstatement at any time within five (5) years from the date of injury or incapacity
provided they are physically capable of resuming their job.
19.4 Except as specifically provided in this Article, all illness and incapacity rules and policies
previously in effect shall continue.
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ARTICLE 20 - DRUG AND ALCOHOL TESTING
20.1 Policy: The Fire Deparcment recognizes illegal drug and alcohol usage as a threat to the
• public welfaze and the employees of the department. Thus, the Fire Department will take
the necessary steps, including drug and alcohol testing, to eliminate illegal usage. It is
the goal of this policy to prevent and rehabilitate rather than tPrm;nate the employment of
workers who aze abusing drugs or alcohol. No member of the Fire Departrnent shall be
discharged for illegal drug or alcohol use without first having been offered the
opportunity to discontinue use either through personal choice or by treatment for
chemical dependency, if such treatment is needed. The Union agrees, at the Employer's
request, to re-open negotiations of this Article during the term of this Agreement.
20.2 Informing Employees About Drug and Alcohol Testing: All employees will be fully
informed of the Fire Department's drug testing policy before testing is administered.
Empioyees will be provided with information conceming the impact of the use of drugs
or alcohoi on job performance. In addition, the employer shall inform the employees of
how the tests aze conducted, how well the tests perform, when the tests will be conducted,
what the tests can determine, and the consequences of testing positive for drug or alcohol
use. All newly hired employees will be provided with this information on their initiai
date of hire. No employee shail be tested until this information is provided to him.
203 Employee Tesring: No employee will be tested for drug or alcohol abuse unless there
exists reasonable suspicion to believe that the employee to be tested is under the influence
of illegal drugs or alcohol. Random or mass testing is prohibited. No such testing may be
• conducted without the written appxovai of the officer in charge of the unit. The officer in
charge must document in writing who is to be tested and why the testing was ordered.
Failure to follow any of these procedures shall resuit in the elimination of the test results
as if no test had been administered. The test results shall be destroyed and no discipline
shall be levied against the employee.
20.4 Urine collection shall be conducted in a manner which results in a legally acceptable
sample as well as providing a high degree of security for the sample, freedom from
adulteration of the sample, the highest possible accuracy of the clinical results while at
the same time preserving the dignity of the empioyee. Administrative procedures shall be
such as to prevent the submission of fraudulent tests. When appropriate, biologic testing
of the samples may be included as part of such administrative procedures. In tesfing
which could result in employee discipiine, if the test result is positive, a split sample shall
be reserved for independent analysis which shall be performed at the request of the
affected employee. Upon request, an employee shall be entitled to the presence of a
union representative before testing is administered.
20.5 Testing Procedures: All samples shall be tested far Chemicai Adulteration, Narcotics,
Cannabis, PCP, Cocaine, Amphetamines, Alcohol and Sedatives. The testing shali be
done by a Selected Laboratory and the following standards shall be used:
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Drug Testing Standards
Alcohol
Drug Group
- ��.�- .� -
.02 concentration as shown by an analysis of urine
Drug or
metabolite detected
Amphetamine
Methamphetamine
Cocaine metabolites Benzoylecgonine
Marijuana metabolites delta-9-THC-9-COOH
Opiate metabolites
Phencyclidine
Barbiturates
Benzodiazepine
metabolites
Methadone
Methaqualone
Propoxyphene
Codeine
Total Morphine
PCP
Secobazbital
Pentobazbital
Phenobarbital
Butabazbital
O�cazepam
Methadone
Methaqualone
Propoa.yphene
Norpropoacyphene
300 ng/ml
300 ng/ml
.
GC/MS �
Confirmation
500 ng/ml
500 ng/ml
150 ng/ml
15 nglmt
300 ng/ml
m
300 ng/ml
25 nglml
1,000 ng/ml
1,000 ng/ml
1,000 ng/ml
1,000 ng/ml
300 ng/mt
300 ng/ml
300 ng/ml
300 ng(ml
300 ng/ml
Any sample which has been aduiterated or is shown to be a substance other than urine
shail be repor[ed as such. Ali samples which test positive on a screening test shatl be
confirmed by gas chromatography-mass spectrophotometry, and no records of
uuconfumed positive Yests shall be released or retained by the laboratory.
Testing shall be conducted in a manner to insure that an employee's legat drug use does
not effect the test results.
All results shall be evaluated by a suitably trained occuparional physician or occupational
nurse prior to being reported.
Test results shall be treated with the same confidentiality as other employee medical
records. The test results shall not be reported outside the Fire Department.
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In4teal Test
level ag/ml
1,000 ng/ml
1,000 ng/ml
300 ng/ml
15 ng(ml
300 ng/ml
300 nglml
25 ng/ml
300 ng/ml
1,000 ng/ml
3,000 ng/ml
1,000 ng/ml
300 ng/m1
300 ng/ml
300 ng/ml
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ARTICLE 20 - DRUG AND ALCOHOL TESTING (Continued)
20.6 Chemical Dependency Program: Each person whose urine tests positive for illicit
• drugs shall be medically evaluated, counseled and treated for rehabilitation, if required.
In addition, at any time an employee may voluntarily enter the chemical dependency
program without feaz of disciplinary actions against him.
This Program is designated to provide care and treatment to employees wbo are in need
of rehabilitation. Details conceming treatment any employee receives at this Pro�ram
shall remain confidential and shall not be released to the public. The employee shall be
responsible for the cost of treatment.
No employee shall be relieved or transferred to other than his usual duties on the basis of
one test result although the employee may be re-evaluated for his duty assignment. When
undergoing treatment and evaluation employees shall receive the usual compensation and
fringe benefits provided at their assigned position.
20.7 Right of Appeal: Each employee has the right to challenge the results of drug or alcohol
testing in the same manner that he may grieve any managerial action.
20.8 Duty Assignment After Treatment: Once an employee successfully completes
rehabilitation, be shall be retumed to his regulaz duty assignment. Employee
reassignment during treatment shall be based on each individual's circumstances. If
follow-up caze is prescribed after treatment, this may be a condition of employment.
• Once treatment and any follow-up caze is completed, at the end of two yeazs the records
of treatment and positive drug or alcohol test results shall be retired to a ciosed medical
record. The employee shali be given a fresh start with a clean administrative record.
20.9 Right of Union Participation: At any time, the Union, upon request, will have the right
to inspect and observe any aspect of the drug and alcohol testing program with the
exception of individual test results. The Union may inspect individual test results if the
release of this information is authorized by the employee involved.
20.10 Union Held Harmless: This drug and alcohol testing program is solely initiated at the
behest of the employer. The Fire Department shall be solely liable for any legal
obligations and costs arising out of the provisions and/or application of this collective
bargaining agreement relating to drug or alcohol testing. The Union shall be held
harmless for the violation of any worker rights arising from the administration of the drug
or alcohol testing program.
20.11 Conflict with Other Laws: This Article is in no way intended to supersede or waive an
employee's federal or state constitutional rights.
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ARTICLE 21 - OVERTIME
21.1 Employees required to work in excess of their assigned tour of duty will be compettsated
at the rate of one and one-hatf (1.5) times the employee's normal rate. Such •
compensation shait be made in cash or in compensatory time at the option of the
Employer.
21.2 The purpose of this section is to effectively eliminate three (3) Fire Disirict Chief
positions, i.e., those posirions which have been traditionally known as the pool of Fire
District Chiefs.
Beginning December 31,1997 the employer may assign Fire Captains to perform the
duties of Fire District Chiefs only in accordance with subsections 2.1, 2.2, and 23
below.
21.2.1 All Fire Chiefs assigned and availabie for work on a shift aze working as Fire
Deputy or District Chief.
21.2.2 The Department may assign Captains as out-of-tide District Chiefs for any
scheduled absence (Scheduled absence, as used herein, is an absence that will be
known when a segment schedule is prepazed and distributed for the neact, i.e.,
immediately following segment) However, the out-of-title assignmenu will not
occur until Deputy and District Chiefs, as a group have scheduled or earned,
wiThin the catendar year, $97,417 in overtime. This overtime will be eamed by
filling Deputy and District Chief scheduled absences. •
212.3 The Association will detemune the method and be responsible for distributing
the scheduled overtime tours of duty among the Deputy and Dis�ict Chiefs.
This will be done to the satisfaction of the employer that qualified personnel are
filling the positions.
ARTICLE 22 - DISCIPLINE
22.1 The Empioyer may discipline employees in any form listed below:
Orai Reprimand
Written Reprimand
Suspension
Demotion
The Employer will discipline employees for just cause only and in accordance with the
concept ofprogressive discipline.
Employees who aze disciplined pursuant to the terms of this Article may appeal the
Empioyei s disciplinary action through the grievance procedure set forth in Article 6 of
this Agreement or to a Civil Service authority pursuant to the rules and procedures of •
such authority.
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ARTICLE 23 - POSITION OPENIIVGS
23.1 To expedite the filling of vacancies under the civil service procedures, the head of the
. departrnent or designated representative will:
Make requisition for certification of eligibles to fill a vacancy within fifteen (15)
days after determining that a vacancy exists.
Within fifteen (15) days after the department head has met with the certified
eligibles, he/she will fill the vacancy.
If no eligible list is in effect when a vacancy occurs, the department head shall, within
fifteen (15) days, request the Human Resources Director to conduct an examination for
the purpose of establishing an eligible list.
Nothing in this Article 23 shall be construed to eliminate or lessen the Department Head's
right to determine the number of employees in any class title.
ARTICLE 24 - CITY MILEAGE
24.1 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 aze adopted.
24.2 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 shali be reimbursed at the rate of $4.00 per day for
each day the employee's vehicle is actually used in perfornung the duties of the
employee's position. In addition, the employee shall be reimbursed $.20 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 deternunes 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 reimbursed at the rate of $.20 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 REGiJLARLY during
employment, the employee shall be reunbursed at the rate of $4.00 per day for each day
of work. In addition, the empioyee shall be reimbursed $.20 per mile for each mile
actually driven.
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AR'f'ICLE 24 - CITY MILEAGE (Continued)
If such employee is required to drive an automobile during employment and the •
department head or designated representative detemunes that an employer vehicle is
available for the employee's use but the employee desires ta use his/her own
automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and
shall not be eligible for any per diem.
243 The City will provide parking at the Civic Center Pazking Ramp for City employees on
either of the above mentioned types of reimbursement plans who are required to have
their personal caz available for City business. Such parking will be provided oniy for the
days the employee is required to have his or her own personal car available.
24.4 Rules and Regulations: The Mayor shatl adopt rules and regulations goveming the
procedures for automobile reimbutsement, which regulations and rules shall contain the
requirement that recipients shail 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 iajury, 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.
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ARTICLE 25 - DURATION OF AGREEMENT
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25.1 Except as herein provided, this Agreement shall be effective as of the date the Agreement
is executed hy the parties, and shall continue in full force and effect through the 31 st day
of December, 2001, and thereafter until modified or amended by mutual agreement of the
parties. Either party desiring to amend or modify this Agreement shall notify the other in
writing so as to comply with the provisions of the Miimesota Public Empioytnent Labor
Relations Act of 1984.
25.2 The wage schedule attached hereto as Appendix "B" shall take force and effect at such
time as is specified in the administrative resolution recognizing and approving this
Agreement in accordance with Secrion 12.09 of the Saint Paul City Charter.
Signed this ��day of February, 2000
CITY OF SAINT PAUL
�
Terry�altiner�� ��`
Labor Relations Manager
SA1NT PAUL FIRE SUPERVISORY
ASSOCIA ION
Donato Bataglia,
President
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•
23
s
APPENDIX A
• Regulation "West Point" long sleeve police shirt
Regulation "West Point" short sleeve police shirt
Ranking Officer's white uniform shirt, long sleeve, West Point 7500C
Ranking Officei s white uniform shirt, short sleeve, West Point 7500C
Jersey type long sleeve sweat shirt, navy blue - Wilson 8632
Jersey type 3/4 sleeve sweat shirt, navy blue - Wilson 8632
Fechheuner Bros. navy blue trousers 32200
Fechheimer Bros. navy blue trousers 32250
Jacket - Light weight, waist style Fechheimer 32100
Fur coat - Energy I OOFD - Sizes 48 - 50 add 10% - longs add 10°/a
Jacket - Califomia thermal chief - Horace Small
Parka - Navy - Butwin 111 SP
Regular sizes 34 - 46
Extra sizes 48, 50, 52, Long
• Liners for sununer uniform fire fighter jacket - Fechheimer Bros.
32704
Sewing Costs: No cost when ordered with jacket, othenvise ..
Caps
Trooper Cap
Chiefs Navy-Stype Midwest-N. W.
8 pt. Midwest-N.W.
Belts - leather - black - 1.5 inch
Shoes
Wedge style oxford - Red Wing shoe #101
Slip on style oxford - FLOAT-AWAYS #75347
Slip on style oxford - FLOAT-AWAYS #J5318
Lace style oxford - FLOAT-AWAYS Z5096
Slip on style o�ord Weinbrenner 1635
Slip on style oxford Weinbrenner 1435
Lace style oxford T5152 Mocc toe
Lace style oxford Weinbrenner 1225
Lace style oxford Weinbrenner 1250
Socks
Munsingweaz #40
Munsingwear #415 - stretch style
• Ties - black, 4-in-hand, or snap-on style
A1
•
APPENDIX B: BIWEEKLY RATES
Salary ranges applicable to titles covered by this Agreement shall be as shown below:
Effective 1/1/2000 Three and one/tenths percent increase
Effective 1/1/2001 Two and nineTy-five hundredths percent increase
492A Chief Fire investigator
672 Pire Communications Chief
150 Fire District Chief
691 Fire Training Officer
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A B C D E F 10-YR 15-Yi2
(1) (2) (3) �4) (5) (6) (� ($)
01/01/2000 $ 2,149.33 $ 2,255.48 $ 2,366.98 $ 2,461.48 $2,556.02 $2,689.78 $2,828.15 $ 2,897.37
M101l2001 $ 2,212.74 $ 2.322.02 $ 2,436.81 $ 2,534.09 $2.662.3'i $2,769.'13 $2.911.58 $ 2.982.84
193A Deputy Fire Chief
179A Emergency Paramedical Services Chief
186 Fire Marshall
A B C D E
��) �Z) �3) �4) �5)
01/01/2000 $ 2,327.73 $ 2,442.67 $ 2,563.44 $ 2,665.75 $2,800.64
01/01/2001 $ 2,396.40 $ 2,514.73 $ 2,639.06 $ 2,744.39 $2,88326
F 10-YR 15-YR
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$2,913.00 $3,062.87 $ 3,137.85
$2,998.93 $3,15322 $ 3,230.42
:
Council File # ���p
ORIG�l�AE.
Presented
Referred To
Committee Date
RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
2 January 1, 2000 through December 31, 2001 Collective Bargaining Agreement between the City of Saint
Paul and the Saint Paul Fire Supervisory Association.
Requested by Deparnnent ofl
Office of Labor Relations
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Form Appr ved by City Attomey
BY: � �Z I �
Adoprion Certified by Council Secretary
By: � '
Approved by Mayor: Date ���� 20 2�'
gy . ���� /7�/�%���
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Green Sheet # 08916
�
Approved by Mayor for Submission to Council
B �� ���G� Z/2�/��
Adopted by Council: Date �`���\� � p p�
DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET NO.: 08916
LABOR RELAT:ONS February 28, 2000 00 -�io
CONTACI YERSON & PHONE: p un'iw�nwre iN�nAi.+np�
JtJLIE KRAUS 266-6513 p�IGN 1 DEPARTMIIdT DI�
4 CITY COUNCIL
pi[7MgER 2 CITY AITORN£Y C1TY CLERK
MUST BE ON COUNCII. AGENDA BY (DATE) FOR BUDGET DIR. Z fAI. & MGT. SERVICE DII2.
ROU'CING 3 MAYOR (OR ASSI'.) ,` '�7�
ORDER
TOiAL # OF SIGNATURE PAGFS I {CLIP ALL LOCATIONS FOR SIGNATURE)
acrroN n�QUESrEn: This resolution approves the attached January 1, 2000 — December 31, 2001 Coilective
Bazgaining Agreement between the Ciry of Saint Paul and the Saint Paul Fire Supervisory Associafion.
RECOMMENDA170NS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRAC7'S MUST ANSWER TfiE FOI.I,OWING
QUESTIONS:
,PLANNING COMA9SSION CIVIL SERVSC£ CODRdISSION i. Has this personlfum eva wo=IceA under a contract For t6is depatm�ent?
_C[B CAMIvII7TEE Yes No
STAFF 2. Has this person/fi�m ever been a ciry employee?
DISIRICT COURT Yes No
SUPPORTS W}IICH COUNCIL OBJECTTVE? 3. Does this persoNfimi possess a skill not normalty possessed by any curzent ciry employee?
Yes No
Eaptaio alt yes auswers oa sr.parate sLeet and aKach to green s4eet
INTTIATING PROBLEM, ISSUE, OPPORTL3NITY (W 60, What, Wheo, W hare, Why):
The negotiating agreement with the Saint Paul Fire Supervisory Associafion had expired. The City is required to
negotiate with the bazgaining unit.
nnvaNrncES � nrrxovev: An Agreement in place through December 31, 2001.
DISADVANTAGES IF APPROVED: NOriO
nisnnvarrracES � xor arrxovEn: T'he relationship between this bazgaining unit and the City would be strained. This
unit would then be on an unequal fooung with other Public Safety Units.
TOTAL AMOUNT OF TRANSAGTION: $ COSTlREVENUE BIIDGETED;
FUNDING SOURCE: ACTNITY NUMBER:
FINANCIAL IlYFORMATION: (ERP)-AI1V)
t� n .0 EP�
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ATTAC�IMENT TO TI� GREEN SHEET
The Saint Paul Fire Supervisory Associafion
Below is a summary of the changes in the Collective Bazgaining Agreement betcveen the City
and the Saint Paul Fue Supervisory Association. The new contract is for the period of January 1,
2000 through December 31, 2001.
Wages:
2000: .i.l%
2001: 2.95%
Health Insurance:
2000: Single $276.65 per month
Family $417.13 per month
2001: Single $276.65 per month
Family $417.13 per month, plus an amount equal to the 2001 single health insurance
premiuxn increase up to foriy dollazs ($40) per month, if the 2001 single health insurance
premium increase is over forty dollars ($40), the Employer will contribute 50% of the amount
over foriy dollazs ($40).
The single contribution is frozen for 2000 and 2001.
Tour of Duty Holiday
The members of this bazgaining unit that were excluded from the additional Tour of Duty
Holiday in the last contract have been included in this contract.
Costs:
2000 2001
Wages $34,770.71 $33,088.25
Health Insurance $2,645.28 $5,760.00
Tour of Duty Holiday $1,121.64 $ 0.00
Total: $ $38,537.63 $38,848.25
Language Changes (summary)
The contract includes other changes to contract language which aze housekeeping in nature.
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2000 - 2001
_ . � ; AGI2EEA'IEN'i' _ � � � �
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-� . _ � -_ '��E CITY OF�- SAIN'F. PA�JL� _ �
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;'T�IE_ SAINT PAi7L :FIRE SUPER�ISQRY ASSOCIATtON ' ' `
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ARTICLE TITLE PAGE
1 Pucpose ..........................................................1
2 Definitions .......................................................i
3 Recognition ......................................................2
4 Security .........................................................3
5 Employer Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
6 Grievance Procedwe ...............................................3
7 Savings Clause ....................................................6
8 Uniform Allowance ................................................6
9 LegalServices ....................................................7
10 Seniority .........................................................7
11 Ca1lBack ........................................................7
12 Insurance ........................................................8
13 Vacation ........................................................11
14 Holidays ........................................................12
• 15 Sick Leave and PazentalLeave ......................................13
16 Severance Pay ...................................................13
17 Wages ..........................................................15
18 Volunteerism and/or Outside Employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
t9 Incapacitation ....................................................16
20 Drug and AlcoholTesting ..........................................17
21 Overtime .......................................................20
22 Discipline .......................................................20
23 Position Openings ................................................21
24 Ciry Mileage .....................................................21
25 Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
AppendixA .............................................. AI
Appendix B .............................................. Bl
� i
ARTICLEI-PURPOSE
u
1.1 The Employer and the Saint Paul Fue Supervisory Association {SPFSA} agree that the
purpose of entering into this Agreement is to:
l.l.l Achieve orderly and peaceful relations,thereby establishing a system of
uninterrupted operations and the highest level of performance that is consistent
with the weli being of all concemed.
I.1.2 Establish the fuil and complete understanding of the parties concerning the terms
and conditions of this Agreement.
1.1.3 Establish procedures to orderly and peacefully resolve disputes as to the
application of interpretation of this Agreement.
1.1.4 Place in written form the parties' agreement upon terms and conditions of
employment for the duration of this Agreement.
ARTICLE 2 - DEFINITIONS
2.1
2.2
• 23
2.4
2.5
2.6
2.7
�
Association: Saint Paul Fire Supervisory Association (SPFSA)
Employer: The City of Saint Paul
Association Member: A member of Saint Faul Fire Supervisory Association (SPFSA).
Employee: A member of the exclusively recognized bargaining unit as certified by the
State Bureau of Mediation Services in Case No. 78-PR-1056-A dated August 1, 1978.
Vacancy: As determined by the deparhnent head, a funded position opening in a class
specified in Article 3.2.
Position: Any specific office, employment or job in the Fire Department in a class
specified in Article 3.2.
Tour of Duty:
A. For a fifry-six (56) hour work week employee: The performance of job duties and
acceptance of the responsibiliries of a position for a consecu6ve and uninterrupted
twenty-four (24) hour period from 8:00 am. on a calendar day to 8:00 a.m. on the
following calendar day.
B. For a forry (40) hour work week employee: The performance of job duties and
acceptance of the responsibilities of a position for a consecutive and uninterrupted
eight (8) hour period within a calendaz day.
1
ARTICLE 2 - DEFI1vITIONS (Continued)
C. Notwithstanding B above, employees assigned to a forty (40) hour work week
may, fhrough mutuat agreement with the EmpIoyer, work schedules other tfian �
schedules lunited by B above. Overtime compensation for employees working
under such agreements shall be subject to the provisions as set forth by the Fair
Labor Srandards Act.
2.8 Depamnent: The fire department of the City of Saint Paui as established and amended
from time to time pursuant to Section 9.01 of the City Charter.
2.9 Overtime: Work performed by an Emp2oyee in excess of ttie Employee's tour of duty by
order of the Employer.
2.10 Overtime Pay: For employees assigned to a fifty-six (56) hour work week, overtime pay,
for the purpose of Article 21, will be based on a fifty-suc (56) hour work week. For
employees assigned to a forty (40) hour work week, overtime pay, for the purpose of
Article 21, will be based on a forry (40) hour work week.
ARTICLE 3 - RECOG1vITION
3.1 The Employer recognizes the SPFSA as the exclusive representative for the purpose of
meeting and negotiating the terms and conditions of employment for supervisory Fire
Department personnel.
3.2 Job classes which aze within the bazgaining unit and covered by t}us Agreement are as �
folIows:
Assistant Fire Marshal
Chief Fire Investigator
Deputy F'ue Chief
District Fire Chief
Fire Communications Chief
Fire Dispatch Supervisor
Emergency Paramedical Services Chief
Emergency Preparedness Coordinator
Fire Mazshal
Fire Training Officer
33 In the event the Employer and the AssociaUon aze unable to agree as to the inclusion or
exclusion of a new or modified job position, the issue shatt be submitted to the Bureau of
Mediation Services for determination.
•
2
ARTICLE 4 - SECURITY
4.1 The Emp]oyer shall deduct from the wages of Employees who authorize such a deduction
in writing an amount necessary to cover monthly Association dues and assessments.
• Such monies shail be remitted as directed by the Association.
4.2 The Association may designate Employees from the bargaining unit to act as stewazds
and shall inform the Employer in writing of such choice.
4.3 The Association agrees to indemnify and hold the Employer hazmless 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 article.
ARTICLE 5 - EMPLOYER AUTHORITY
5.1 The SPFSA recognizes the prerogatives of the Employer to operate and manage its affairs
in all respects in accordance with applicable laws and regulations of appropriate
authorities. The prerogatives and authority which the Employer has not officially
abridged, delegated or modified by this Agreement are retained by the Employer.
5.2 A public employer is not required to meet and negotiate on matters of inherent
managerial policy, which include but aze not limited to, such areas of discretion of policy
as the functions and programs of the employer, its overall budget, utilization of
technology, and organizational strucnue and selection and direction and number of
• personnei.
ARTICLE 6 - GRIEVANCE PROCEDURE
6.1 DEFINITION OF GRIEVANCE: A grievance is defined as a dispute or disagreement
as to the interpretation or application of the specific terms and conditions of the
Agreement.
6.2 SPFSA REPRESENTATIVES: The Employer will recognize representatives
designated by the SPFSA as the grievance representatives of the bargaining unit having
the duties and responsibilities established by this Article. The SPFSA shali notify the
Employer in writing of the names of such SPFSA representatives and of their successors
when so designated.
6.3 PROCESSING OF GRIEVANCE: It is recognized and accepted by the SPFSA and the
Employer that the processing of grievances as hereinafter provided is litnited by the job
duties and responsibilities of the Employee and shall thetefore be accomglished during
normal working hours only when consistent with such Employee duties and
responsibilities. The aggrieved Employee and the SPFSA shall be allowed a reasonable
amount of time without loss in pay when a grievance is investigated and presented to the
• Bmployer during normal working hours provided the Empioyee and the SPFSA
representatives have notified and received the approval of the desigpated supervisor who
3
ARTICLE 6 - GRIEVANCE PROCEDURE (Continued)
has deternuned that such absence is reasonabte and would not be detrimental to the work
program of the Employer.
•
6.4 PROCEDURE: Grievances, as defined by Section 5.1 shall be resolved in wnformance
with the following procedure:
Sten 1 An Employee claiming a violation concerning the interpretation or application of
the Contract shall within twenty-one (21) calendar days afier snck alleged
violation has occurred present such grievance to the Employee's supervisor as
designated by the Employer. The Employer designated representative will discuss
and give an answer to such Step i grievance within ten (10) calendar days after
receipt. A grievance not resolved in Step I and appeaIed in Step 2 shalI be placed
in writing setting forth the nature of the grievance, ihe facts on which it is baseQ,
the provision or provisions of the Contract allegedly violated, the remedy
requested, and shall be appealed to Step 2 within ten (10) calendaz days after the
Employer-designated representative's fmal answer in Step 1. Any grievance not
appealed in writing to Step 2 by the SPFSA within ten (10) calendar days shall be
considered waived.
Sten 2 If appealed, the written grievance shall be presented by the SPFSA, and discussed
with the Employer-designated Step 2 representative. The Empioyer-designated
representative shall give the SPFSA 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 witiun-ten (101 calendar_days •
following ihe Employer-designated representative's Step 2 answer. Any grievance
not appealed in writing to Step 3 by SPFSA within ten (10} calendaz days shall be
considered waived.
Ste If appealed, the written grievance shaiI be presented by the SPFSA to, and
discussed with the Emptoyer-designated Step 3 representative. Tha
Employer-designated representative shall give the SPFSA 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 by the SPFSA to Step 4 within
ten (10) calendaz days following the Employer-designated representative`s final
answer in Step 3. Any grievance not appealed in writing to Step 4 by the SPFSA
wiihin ten (10) calendar days shall be considered waived.
Ontional Mediarion Steu
If the grievance has not been satisfactorily resolved ai Siep 3, either the Union or
the Employer may, within ten (10) calendar days, request mediation. If the parties
agree that the grievance is suitable for mediation, the parties shatl submit a joint
request to the Minnesota Bureau of Mediation Services for the assignment of a
mediator. Crrievance mediation shall be completed within thirty (30) days of the
assignment unless the pazties mutually agree to lengthen the time iimit. •
!�
ARTICLE 6 - GRIEVANCE PROCEDURE (Continued)
2. Grievance mediation is an optional and voluntary part of the gievance resolution
• process. It is a supplement to, not a substitute for, grievance arbitration. When
grievance mediation is invoked, the conttactual time limit for moving the
grievance to azbitration shall be delayed for the period of inediation.
3. The grievance mediation process shall be informal. Rules of evidence shall not
apply, and no record shall be made of the proceeding. Both sides shall be
provided ampie opportunity to present the evidence and azgument to support their
case. The mediator may meet with the parties in joint session or in separate
caucuses.
4. At the request of both paities, the mediator may issue an oral recommendation for
settlement. Either party may request that the mediator assess how an arbitrator
might rule in this case.
5. The grievant shall be present at the grievance mediation proceeding. If the
grievance is resolved, the gievant shall sign a statement agreeing to accept the
outcome. Unless the parties agree otherwise, the outcome shall not be
precedential.
6. If the grievance is not resolved and is subsequently moved to azbitration, such
proceeding shall be de novo. Nothing said or done by the parties or the mediator
during grievance mediation with respect to theu positions conceming resolution
• or offers of settlement may be used or referred to during azbitration
St 4 A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to
arbitration subject to the provisions of the Public Employment Labor Relations
Act of 1971. The selection of azbitrator shall be made in accordance with the
"Rules Governing the Arbitration of Grievances" as established by the Public
Employment Relations Boazd.
6.5 ARBITRATOR'S AUTHORITY: The arbitrator shall have no right to amend, modify,
nuilify, ignore, add to, or subtract from the terms and condifions of the Agreement. The
arbitrator shall consider and decide only the specific issue(s) submitted in writing by the
Employer and the SPFSA, and shall have no authority to make a decision on any other
issue not so submitted.
6.6 The azbitrator 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 azbitrator's decision shall be submitted in writing within
thirry (30) days following the close of the hearing or the submission of briefs by the
parties, whichever is later, unless the parties agree to an e�ctension. The decision shall be
based solely on the azbitrator's interpretation or application of the eacpress terms of this
Agreement and to the facts of the grievance presented.
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ARTICLE 6 - GRIEVANCE PROCEDURE (Continued)
6.7 The fees and expenses for the azbitrators' services and proceedings shall be borne equaIly
by the Employer and the SPFSA, provided that each party shall be responsible for .
compensating its own representatives and wimesses. 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 proceediags, the cost shall be
shazed equally.
6.8 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 neact step within the
specified time limit or any agreed extension thereof, it shall be considered settled on the
basis of the Employer's last answer. If the Employer does not answer a grievance or an
appeal thereof within the specified time limits, the SPFSA may elect to treat the
grievance as denied at that step and immediately appeal the grievance to the neat step.
The time lnnit on each step may be extended by mutual written agreement of the
employer and the SPFSA in each step.
6.9 RECORDS: All documents, cornmunications and records dealing with a grievance shall
be filed separately from the personnel files of the involved emptoyee(s).
ARTICLE 7 - SAVINGS CLAUSE
7.1 This Agreement is subject to the laws of the United States, the State of Minnesota and the •
Ciry of Saint Paul. In the event any provision of this Agreement shall be held to be
contrary to law by a court of competent jurisdiction from whose final judgment or deeree
no appeal has been taken wittrin 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 parry.
ARTICLE 8 - ITNIFORM ALLOWANCE
8.1 The 1972 base of One Hundred Twenty Dollazs ($120.00) as a clothing allowance on a
voucher system will be increased 7anuary 1, 1974, and each yeaz thereafter on the basis of
a yeazly study of the increased cost of the defined uniform. The 1972 base cost of the
uniform is stipulated and aitached as Appendix A.
8.2 It is further understood that employees covered by this Agreement shall. receive a clothing
allowance which is Thirty ($30.00) dotlars greater than that provided by Artic�e 8. t of
this Agreement.
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ARTICLE 9 - LEGAL 5ERVICES
9.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the
• Employer shalI defend, save hatmless and indemnify an Empioyee, and/or his/her estate,
against any claim or demand, whether groundless or othenvise, arising out of an alleged
act or omission occurring in the performance and scope of the Employee's duties.
9.2 Notwithstanding Article 9.1, the employer shall not be responsible for paying any legai
service fee or for providing any legal service arising from any legal action where the
employee is the Plaintiff.
ARTICLE 10 - SElVIORITY
10.1 Department Seniority: For the purposes of this Agreement seniority shall be defined as
the length of continuous and uninterrupted employment in the fire department.
10.2 Loss of Department Seniority: An Employee will lose acquired department seniority in
the following instances:
10.2.1 Resignation
10.2.2 Dischazge
10.2.3 Retirement
103 Work Force Reduction: In the event of a reduction in the department work force, such
• reduction shall occur in accordance with Section 22 of the Civil Service Rules as of the
date of the signing of this Agreement.
10.4 Reduction in Rank: Reduction in rank shall be in accordance with the Civil Service
Rules as of the date of the signing of this Agreement. (Except as indicated below)
10.4.1 Reduction in rank for periods up to but no more than 30 consecutive
calendaz days will be by platoon seniority.
10.4.2 Reduction in rank for more than 30 consecutive calendaz days shall be in
accordance with the Civil Service Rules as of the date of the signing of
this Agreement.
ARTICLE 11 - CALL BACK
11.1 Employees required by the Employer to report for work during off-duty time will be
compensated at the overtime rate in accordance with Article 2.10 of this Agreement. The
minimum payment under this Article will be four (4) times the Employee's hourly rate.
An eazly report of two (2) hours or less, or an extension of a normaily scheduled tow of
duty, shall not qualify an Employee for this m;n;mum payment.
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ARTICLE 12 - INSURANCE
12.1 The insurance plans, premiums for coverages, and benefits contained in the insurance -
plans offered by the Employer shall be solely controlled by the contracts negotiated by
the Employer and the benefit providers. The Employer will attempt to prevent any .
changes in the benefits offered by the benefit providers. However, the employees
selecting the offered plans agree to accept any changes in benefits which a specific
provider implements.
12.2 Eligibility for full-time benefits is defined as appearing on the payroll an average of at
least sixty-four (64) hours per biweekly pay period for the twelve (12) month period
preceding the annual open enrollment or special enrollments of the employment period
preceding initial eligibiTity.
123 Effective January 1,2000, the Employer will contribute $276.65 per month for health
insurance to eligible employees who select single coverage. Further the Employer will
contribute $418.78 per month to eligible employees who select family coverage.
12.4(1)Effective January, 2001, the Employer will contribute $276.65 per month for heatth
insurance to eligibie employees who select single coverage.
12.4(2)Effective for the January 2001 insurance coverage, the Employer will contribute $418.78
plus an amount equal to the 2001 single health insurance premium increase up to forry
($40) doilazs. If the 2001 single insurance premium increase is over forty ($40) dollazs,
the Empioyer will contribute 50% of the amount over forty ($40) dollazs.
12.5 Under the cafeteria plan full-time, eligible employees, must select at least single health •
insurance caverage and employee life insurance in an aznount of $10,000. It is
understood that these mandatory coverages may not be waived.
12.6 Any unused portion of the Employer's contribution for which an employee is eligible is
defined as unused benefit dollazs, not salary, and shall be paid to the employee as taYable
income. Such payment will be made during the month of December for the insurance
yeaz.
However, an employee whose spouse is also employed by the City of St. Paul and is
eligible to participate in the city's heatth insurance pian will not be required to select the
mandatory health insurance coverage as long as one of the spouses is participating in the
city's health insurance plan with fanrily coverage. The mandatory life insurance covenge
continues to apply. In this event, only the difference between the cost of the mandatory
life insurance and the employer contribution amount for single heatth insurance coverage
shall be eligible for payment as unused benefit dollars.
Effective January 1, 1999, the amount eligible for payment as unused benefit dollars shall
be the actual cost of the single health insurance premium, less the cost of the monthly life
insurance premium.
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ARTICLE 12 - INSURANCE (Continued)
12.8 Under the cafeteria plan, employees covered by tivs agreement will be eligible to
• participate in the Flexible Spending Accounts offered by the Employer. The service fee
chazged for employees participating in the Dependent Caze Account will be paid by the
Employer. The service fee for employees participating in the Medical Expense Account
will be paid by the employee. �
Survivor Insurance
12.9 In the event of the death of an active employee, the dependents of the employee shall
have the option, within thirty (30) days, to continue the current hospitalization and
medicai benefits, including such plan improvements as may be made from time to time,
which said dependents previously had, at the premium and Employer contribution
applicable to eligible eazly retirees. The date of death shall be considered to be the date
of retirement.
In the event of the death of an eazly retiree or a regulaz retiree, the dependents of the
retiree shall have the option, within thirry (30) days, to continue the current
hospitalization and medical benefits which said dependents previously had, at the
premium and Employer contribution accorded to the eligible deceased retiree.
In the event of the death of an empioyee killed in the line of duty, the Empioyer will
contribute 100% of the premium for either single or family health insurance coverage
• for eligible dependents. An eligible dependent who is not enrolled in the City's health
insurance program at the time of the employee's death will have an option to enroll at
the next annuai open enrollment period.
It is understood that such coverage shall cease in the event of:
12.9.1 The subsequent remarriage of the surviving spouse of the deceased employee or
re6ree.
12.9.2 The employment of the surviving spouse where hospital insurance coverage is
obtained through a group program provided by said Employer. However, it is
further understood that in said event, the surviving spouse shali have the right to
maintain City health insurance coverage for the first ninety (90) days of said
employment.
Retiree Insurance
12.10 Employees who retire must meet the following conditions in order to be eligible for
Employer contributions listed in Articles 12.11 through 12.14 below towazd a health
insurance plan offered by the Employer:
12.10.1 Be receiving benefits from a public employee retirement act covering
• employees of the City of Saint Paul at the time of retirement, and
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ARTICLE 12 - INStTRANCE (Continued)
t2.20.2
Have severed his/her reIationship with the City of Saint Paul under one of
the retiree plans, and
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12.10.4
Have completed at least 20 yeazs of service with the City of Saint Paul or
be receiving a disability pension from the City of Saint Paul, and
Have severed his/her relationship with the City of Saint Paul for reasons
other than an involuntary termination €or misconduct.
Early Retirees
12.11 This Article shall apply to employees who:
12.11.1 Retire on or after January 1, 1996, and
12.11.2 Were appointed on or before December 31,1995, and
12.113 Have not attained age 65 at retirement, and
12.11,4 Meet the terms set forth in Article 12.10 above, and
12.11.5 Select a health insurance plan offered by the Employer.
Until such retirees reach sixty-five (65) years of age, the Employer agrees to contribute a
maximum of �350.00 per month towazd the premium for single or family health insurance
coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree.
Whensuch eazl-y retiree attainsage-65, the_pzo`risions_of Article 12.13 shall apply. _
12.12 This Article shall apply to employees who:
12.12.1 Retiree on or after January 1, 1996, and
12.12.2 Were appointed on or after January 1, 1996, and
12.123 Have not attained age 65 at retirement, and
12.12.4 Meet the terms set forth in Article 12.10 above, and
12. t 2.5 Select a health insurance plan offered by the Employer.
Until such retirees reach sixty-five years (65) of age, the Employer agrees to contribute
a maximum of $300.00 per month toward the cost of single or family health insurance
coverage. Any unused portion of the Employer's contribution shall not be paid to the
retiree.
VJhen such eazly retiree attains age 65, the provisions of Article 12.14 shall apply.
Regular Retirees (Age 65 and over)
12.13 This Article shall apply to employees who:
12.13.1 Retire on or after January 1, 1996, and
12.13.2 Were appointed prior to Januazy 1, 1996, and
12.133 Have attained age 65 at retirement, and
12.13.4 Meet the terms set forth in Article 12.10 above, and
12.13.5 Select a health insurance plan offered by the Employer.
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ARTICLE 12 - INSURANCE (Conhnued)
The Employer agrees to contribute a maximum of $550.00 per month towazd the
. premium for single or family health insurance coverage offered to regulaz retirees and
their dependents. Any unused portion of the Employer's contribution shall not be paid to
the retiree.
12.14 This Article shall appiy to employees who:
12.14.1 Retire on or after 3anuary 1,1996, and
12.14.2 Were appointed on or after 7anuary 1,1996, and
12.143 Have attained age 65 at retirement, and
12.14.4 Meet the temvs set forth in Article 12.10 above, and
12.14.5 Select a health insurance plan offered by the Employer.
The Employer agrees to contribute a maximum of $300.00 per month toward the
premium for single or family health insurance coverage offered to regulaz retirees and
their dependents. Any unused portion of the Employer's contribution shall not be paid to
the retiree.
12.15 The contributions indicated in this Article 12 shall be paid to the Employer s third party
administrator or designated representative.
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ARTICLE 13 - VACATION
13.1 In each fiscal yeaz, each Full-time employee shall be granted vacation according to the
following schedule:
Years of service 56 hout Employees
1 st yeaz thru Sth yeaz 112.0 hours *
6th year thru 15th yeaz 168.0 hours **
16th yeaz thru 25th yeaz 235.0 hours ***
26th year and beyond 246.4 hours ****
* (2 x designated work week)
** (3 x designated work week)
*** (42 x designated work week)
****(4.4 x designated work week)
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40 hour Emplovees
112 hours (14 days) (.0539)
160 hours (20 days) (.0769)
200 hours (25 days) (.0462)
208 hours (26 days) (.1000)
13.2 The departrnent head may pemut Employees to cany over into the following fiscal yeaz,
vacauon time equivalent to three work weeks. Vacation schedules shall be fixed by the
department head. An Employee not working full-time shall be granted vacation on a
pro-rata basis.
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ARTICLE 13 - VACATIQN (Continued)
133 Employees segarated from employment by reason of resignation shall be granted such
vacation pay as has been eamed and remains unused at the time of separation, provided •
notification of resignation has been sent to the depaztment head, in writing, at least fifteen
(15) calendaz days prior to the date of resignation. Employees sepazated from
employment by reason of discharge, retirement, or death shall be granted such vacation
pay as has been earned and remains unused at the time of separation. Employees granted
more vacation time than eamed at the time of separation &om employment shall pay the
Employer for such uneazned vacation.
ARTICLE 14 - HOLIDAYS
14.1 In addition to what is provided in Saint Paul Ordinance No. 6446, add one additional
floating holiday which is to be added to the vacation schedule by increasing vacation by
.2 (two-tenths) times the number of hours designated as the work week.
14.2 Effective 1986 and in addition to 14.1 above, add one additional holiday (Martin Luther
King Day} to the vacafion schedule by increasing vacation by .2 (two-tentii) times tiie
number of hours designated as the work week.
14.3 In addition to what is provided in Section 14.1 and 142 above, and the St. Paul
Ordinance No. 6446, add one additional tour of duty holiday. In each yeaz of tYris
agreement, this tour of duty Holiday may, at the optiott of the employee: (1) Be added to .
the emptoyee's vacation schedule, or (2) the employee may choose to receive payment at
his regulaz rate of pay in lieu of taking time off on the addirional tour of duty Holiday
provided herein. If the Employer has not received and approved an employee's request
for his/her additional tour of day Holiday time off by November 15 of each catendar year,
such employee can only receive payment at the regulaz rate of pay and can no longer elect
to take time off for that calendaz yeaz. Such payment shall be made no later than the last
regular2y scheduled pay day of that calendar year
14.4 On January 1, 1999, all employees in the titles of Clrief Fire Investigator, Fire
Commnnications Chief, Fire Districi Chief and Fire Training Officer with a minimum of
15 years of service will be provided one additional tour of duty holiday. This holiday is
subject to the same conditions identified in Section 143.
14.5 Effective January 1, 2000, all employees in the bazgaining unit will be eligible for the
tour of duty holiday listed in 14.4.
14.6 For those employees assigned to a work week other than Monday through Friday, the
holiday shall be observed on the calendar date af the holiday.
14.7 Eligibility for Holiday Pay and Floating Holidays shall be in accordance with Section i
(one) Subsection I of the Sa[ary PIan and Rates of Compensation Resolution.
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ARTICLE IS - SICK LEAVE AND PARENTAL LEAVE
15.1 Sick leave shall be earned and granted in accordance with the Civil Service Rules.
� 15.2 In the case of a serious illness or disability of an employee's child, parent or household
member, the head of the depar�nent shall grant leave with pay in order for the empioyee
to caze for or make arrangements for the care of such sick or disabled persons. Such paid
leave shall be drawn from the employee's accumulated sick leave crediu. Use of such
sick leave shall be limited to the number of hours designated to be the employee's work
week per incident.
15.3 Any employee who has accumulated sick leave credits, as provided in the Civil Service
Rules, may be granted one day of sick leave to attend the funeral of the employee's
grandparent or grandchild.
15.4 If an employee has an accumulation of sick leave credits in excess of one hundred and
eighty days, he/she may convert any part of such excess to vacation at the rate of one-half
day's vacation for each day of sick leave credit. No employee may convert more than ten
(10) days of sick leave in each calendar yeaz under this provision.
15.5 Maternity.and Parental Leave. Pregnant employees of the City of Saint Paul shail be
eligible for the use of paid sick leave and unpaid leave of absence in the same manner as
any other disabied or ill City empioyee. Such paid sick leave eligibility shall begin upon
certification by the employee's attending physician that the employee is disabled in terms
• of her ability to perform the duties of her position.
A twelve (12) month Parental leave of absence without pay shall be granted to a natural
pazent or an adoptive parent, who requests such leave in conjunction with the birth or
adoption of a child. Such leave may be extended an additional twelve (12) months by
mutual agreement between the employee and the Employer. Refusal on the part of the
Empioyer to grant an extension of such leave shall not be subject to the provisions of
Article 6 of this Agreement.
Employees who retum foilowing such leaves of absence shall be placed in a position of
equivalent salary and tenure as the one held just prior to the beginning of their leave.
ARTICLE 16 - SEVERANCE PAY
16.1 Effective January 1, 1990, the employer shall provide a severance pay program as set
forth in this Article 16.
16.2 To be eligible for the severance pay program, an employee must meet the following
requirements:
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ARTICLE 16 - SEVERANCE PAY (Continued)
16.2.1 The employee must be voluntarily separated from City employment or have been
subject to separation by lay-off or compulsory retirement. Those employees who
aze discharged for cause, misconduct, inefficiency, incompetency, or any other
disciplinary reason aze not eligible for the City Severance pay program.
16.2.2 The employee must file a waiver of reemployment with the Human Resources
Director, which will clearly indicate that by requesting severance pay, the
employee waives all claims to reinstatement or reemployment (of any type), with
the City or with Independent Schooi District No. 625.
16.23 The employee must have.an accumulated balance of at least eighty (80) days of
sick leave credits at the time of his separation from service.
163 If an employee requests severance pay and if the employee meets the eligibility
requirements set forth above, he or she will be granted severance pay in an amount equal
to one-half of the daily rate of pay for the position held by the employee on the date of
separation for each day of accrued sick leave subject to a maximum as shown below
based on the number of years of service with the City.
Years of Service
with the Citv
At least 20
21
22
23
24
25
Maximum
Severance Pav
$ 5,000
fi
7,000
8,000
9,000
1fl,000
However, any employee sepazated from City employment on or after January 1, 1992
who has an accumulated balance of at least one thousand eight hundred fifty (1,850)
hours of sick teave credits and at least twenty-five (25) years of service at the time of
his/her sepazation from service shall be granted severance pay in the amount of thirry
thousand dollazs ($30,000).
Employee with twenty (20) or more years of service who is ruled disabled and is
receiving a disability pension and who has 1850 hours of accumulated sick leave
shait be altowed the maxiaxum severance benefit of $30,000.
The manner of payment of such severance pay shall be made in three consecutive annual
paymenYs of ten thousand dollars ($10,000) each. The annual payments shall be made in
February of each yeaz. The first payment shall be made during the month of February in
the year following the year in which the employee sepazates his/her employment.
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ARTICLE 16 - SEVERANCE PAY (Continued)
16.4 For ihe purpose of this severance prograzn, a death of an employee shall be considered as
• sepazation of employment, and if the employee would have met all of the requirements
set forth above at the time of his or her death, payment of the severance pay may be made
to the employee's estate or spouse.
16.5 For ihe purpose of ttris severance program, a transfer from the City of Saint Paul
employment to Independent School District No. 625 employment is not considered a
sepazation of employment, and such transferee shatl not be eligible for the City severance
program.
16.6 The manner of payment of such severance pay shall be made in accordance with the
provisions of City Ordinance No. 11490.
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16.7 The manner of payment of severance in amounts of ten thousand dollars ($10,000) or less
shall be made in accordance with the provisions of City Ordinance No. 11490.
ARTICLE 17 - WAGES
17.1 When the 1994 rates for Fire Captain Paramedic are determined, the steps in the 1994
salary range for District Fire Chief shall be adjusted to reflect a fifteen percent (15%)
differential above the coaesponding step in the 1994 salary range for Fire Captain
Paramedic. The 1994 Fire Captain Pazamedic rates on which the 15% differen6al is
based shall not include any amount that has been added to the Fire Captain Paramedic's
rate in lieu of an Empioyer's insurance contribution. This same process shali be repeated
to determine the final 1995 and 1996 rates for the title of District Fire Chief.
The biweekly rates for titles other than District Fire Chief covered by this Agreement
shall be adjusted each year to reflect the percent as shown below of the 1994, 1995 and
1996 rates applicable to the title District Fire Chief.
PERCENT of
DISTRICT FIRE CHIEF
TITLE
Fire Dispatch Supervisor
Assistant Fire Mazshal
Emergency Preparedness Coordinator
Fire Communications Chief
Fire Training Officer
Chief Fire Investigator
Deputy Fire Chief
Fire Mazshal
Emergency Paramedical Service Chief
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85.7%
913%
92.9%
100.0%
100.0%
100.0%
1083%
1483%
1083%
Such adjustments shall be effective on the first day of the first payroli period of the
respective yeaz.
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ARTICLE 17 - WAGES (Continued)
The wage schedule for the purpose of this Agreement shall be Appendix B attached hereto.
17.2 Any Fire Captain assigned as a pazamedic with 15 yeazs of service who is promoted to •
Fire District Chief shall begin at the 10 yeaz step effective January t, 1994.
17.3 The wage schedule for ihe purpose of this Agreement shall be Append'vt B attached
hereto.
ARTICLE 18 - VOLUNTEERISM AND/OR OUTSIDE EMPLOYMENT
As a condition of employment, any position represented by the union as covered in the
contract, will be prohibiYed from membership in any fire department other than the Saint
Paut Department of Fire and Safety Services. In addition, other outside employment
related to fire suppression must be approved by the fire chief.
ARTICLE 19 - INCAPACITATION
19.1 Employees injured during the course of employment and thereby rendered incapabie of
performing job duties and responsibilities shall receive full wages during the period of
incapacity, not be exceed the period equal to twelve (12) months plus accumulated sick
leave. It is understood xkiat in such cases,-the-twelve (12)-month_period_ shatl_first be_ __ •
utilized and only when same is eachausted shall accumulated sick leave be applicable.
19.2 Employees disabled through injury or sickness other than specified in SecUon 19.1 above
shall receive full wages for a period equat to accumulated sick leave, plus six (6) months
as provided herein. It is understood that in such cases, accumulated sick leave shall first
be utilized before the six (6) months, or any part thereof, shall be applicable. It is further
understood that the six (6) month period shall be available to members in this unit only in
those yeazs where the last available Annual Report of the City Civil Service Office shall
show average sick leave used per member of the Saint Paul Fire Department, (based on
the 1972 Annual Report method of calculating same�, of eight (8) days or less.
193 Employees injured or incapacitated by illness in the line of duty shall be entitled to
reinstatement at any time within five (5) yeazs from the date of injury or incapacity
provided they aze physically capable of res�*!g their job.
19.4 Except as specifically provided in this Azticle, all illness and incapacity rules and policies
previously in effect shall continue.
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ARTICLE 20 - DRUG AND ALCOHOL TESTING
20.1 Policy: The Fire Department recognizes illegal drug and alcohol usage as a threat to the
• public weifaze and the empioyees of the department. Thus, the Fire Department will take
the necessary steps, including drug aud alcohol testing, to eliminate illegal usage. It is
the goal of this policy to prevent and rehabilitate rather than ternunate the employment of
workers who aze abusing drugs or alcohol. No member of the Fire Department shall be
discharged for illegal drug or alcohol use without fust having been offered the
opportunity to discontinue use either through personal choice or by treatment for
chemical dependency, if such treatment is needed. The Union agrees, at the Empioyer`s
request, to re-open negotiations of this Arficle during the term of this Agreement.
20.2 Informing Employees About Drug and Alcohol Testing: All employees will be fully
informed of the Fire Department's drug testing policy before testing is administered.
Empioyees will be provided with information conceming the impact of the use of drugs
or alcohol on job performance. In addition, the employer shall inform the employees of
how the tests aze conducted, how weli the tests perform, when the tests will be conducted,
what the tests can deteimine, and the consequences of testing positive for drug or alcohol
use. All newly hired employees will be provided with this information on their initial
date of hire. No employee shall be tested until this information is provided to him.
203 Employee Testing: No employee will be tested for drug or alcohol abuse unless there
exists reasonable suspicion to believe that the employee to be tested is under the influence
of illegal drugs or alcohol. Random or mass testing is prohibited. No such testing may be
• conducted without the written approval of the officer in chazge of the uxait. The officer in
charge must document in writing who is to be tested and why the testing was ordered.
Failure to follow any of these procedures shall result in the elimination of the test results
as if no test had been administered. The test results sha11 be destroyed and no discipline
shall be levied against the employee.
20.4 Urine collection shail be conducted in a manner which results in a legaIly acceptable
sample as well as providing a high degree of security for the sample, freedom from
adulteration of the sample, the highest possible accuracy of the clinical results wlule at
the same time preserving the dignity of the employee. Administrative procedures shall be
such as to prevent the submission of &audulent tests. VJhen appropriate, biologic testing
of the samples may be included as part of such administrative procedures. Tn testing
which could result in empioyee discipiine, if the test result is positive, a split sample shall
be reserved for independent analysis which shall be performed at the request of the
affected employee. Upon request, an employee shall be entitled to the presence of a
union representative before testing is admuustered.
20.5 Testing Procedures: All samples shall be tested for Chemical Adulteration, Narcotics,
Cannabis, PCP, Cocaine, Amphetamines, Alcohol and Sedatives. T'he testing shali be
done by a Selected Laboratory and the following standazds shall be used:
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Drug Tesring Standards
Alcohol
Dru�Groug
Amphetamine
.02 concentrarion as shown by an analysis of urine
Drug or
metaboliYe detected
Amphetamine
Methamphetamine
Cocaine metabolites Benzoylecgonine
Marijuana metabotites delta-9-THC-4-COOH
Opiate metabolites
Phencyclidine
$azbiturates
Benzodiazepine
metabolites
Methadone
Methaqualone
Propoxyphene
Codeine
Total Morphine
PCP
Secobarbitai
Pentobarbitai
Phenobazbital
Butabazbital
Oxazepam
Methadone
Methaqualone
Propoxyphene
Norpropo�phene
300 ng/ml
300 ng/ml
GC/MS •
Coafirmation
500 ng/ml
500 ng/ml
I50 ng/ml
I S ng/mi
300 ng/ml
300 ng/ml
25 ng/ml
1,000 ng/ml
1,000 ng/m1
1,000 ng/mI
1,000 ng/ml
300 ng/ml
300 ng/ml
300 ng/ml
300 ng/ml
300 ng/ml
Any sample which has been adulterated or is shown to be a substance other tban urine
shall be reported as such. All samples which test positive on a screening test shall be
confirmed by gas chromatography-mass spectrophotometry, and no records of
unconfirmed positive tests shall be released or retained by tke laboratory.
Testing shall be conducted in a manner to insure that an employee's tegal drug use does
not effect the test results.
All results shall be evaluated by a suitably trained occupational physician or occupational
nurse prior to being reported,
Test resuits shall be treated with the same confidenciality as other employee medical
records. The test results shall not be reported outside fhe Fire Department.
Initial Test
levei ng/ml
i nglml
1,000 ng/ml
300 ng/ml
t5 ng/ml
300 ng/ml
300 ng/ml
25 ng/ml
300 ng/ml
1,000 ng/ml
3,000 ng/ml
1,000 ng/ml
300 ng/ml
300 ng/ml
300 ng/ml
•
•
f�:3
ARTICLE 20 - DRUG A1�D ALCOHOL TESTING {Continued}
20.6 Chemical Dependency Program: Each person whose urine tests positive for illicit
• drugs shall be medically evaluated, counseled and treated for rehabilitation, if required.
In addition, at any time an employee may voluntarily enter the chemical dependency
program without feaz of disciplinary actions against him.
This Program is designated to provide caze and treatment to employees who aze in need
of rehabilitation. Details concerning treatment any employee receives at this Program
shall remain confidential and shall not be released to the public. T'tie employee shall be
responsible for the cost of treaUnent.
No empioyee shall be relieved or transferred to other than his usual duties on the basis of
one test result although the employee may be re-evaluated for his duty assignment. When
undergoing treatment and evaluation employees shall receive the usual compensation and
fringe benefits provided at their assigned position.
20.7 Right of Appeal: Each employee has the right to challenge the results of drug or alcohol
testing in the same manner that he may grieve any managerial action.
20.8 Duty Assignment After Treatment: Once an employee successfully compietes
rehabilitation, he shall be returned to his regular duty assignment. Employee
reassignment during treatment shall be based on each individual's circumstances. If
follow-up caze is prescribed after h�eattnent, this may be a condition of employment.
• Once treatment and any follow-up care is completed, at the end of two years the records
of treatment and positive drug or alcohol test results shall be retired to a closed medical
record. The employee shall be given a fresh start with a clean administrative record.
20.9 Right of Union Participation: At any time, the Union, upon request, will have the right
to inspect and observe any aspect of the drug and alcohol testing program with the
exception of individual test results. The Union may inspect individual test results if the
release of this information is authorized by the employee involved.
20.10 Union Held Harmless: This drug and alcohol testing progtam is solely initiated at the
behest of the employer. The Fire Department shail be solely liable for any legal
obligations and costs arising out of the provisions and/or appiication of this collective
bazgaining agreement relating to drug or alcohol testing. The Union shall be held
hazmless for the violation of any worker rights arising from the administration of the drug
or alcohol testing program.
20.11 Conflict with Other Laws: This Article is in no way intended to supezsede or waive an
employee's federal or state constitutional rights.
•
19
ARTICLE 21- OVERTIME
21.1 Employees required to work in excess of their assigned tour of duty will be compensated •
at the rate of one and one-half (1.5) times the employee's normal rate. Such
compensation shall be made in cash or in compensatory time at the option of the
Employer.
21.2 The purpose of this section is to effectively eliminate three (3} Fire District Chief
positions, i.e., those positions which have been traditionally known as the pool of Fire
District Chiefs.
Beginning December 31,1997 the employer may assign Fire Captains to perform the
duties of Fire District Chiefs only in accordance with subsections 2.1, 2.2, and 2.3
beIow.
21.2,1 All Fire Chiefs assigned and available for work on a shift aze working as Fire
Deputy or District Chief.
21.2.2 The Department may assign Captains as out-of-tit�e District Chiefs for any
scheduled absence (Scheduled absence, as used herein, is an absence that will be
known when a segment schedule is prepazed and distributed for the neact, i.e.,
immediately fol]owing segment) However, the out-of-ritle assignments will not
occur until Deputy and District Chiefs, as a gro¢p have scheduted or earned,
within the calendar year, $97,417 in overtime. This overtime will be eamed by
fill'mg Deputy and District Chief scheduled absences. •
2I.23 The Association will deternrine the method and be responsible for distributing
the scheduled overtime tours of duty among the Deputy and District Chiefs.
This wiil be done to the satisfaction of the employer that qualified personnel aze
filling the positions.
ARTICLE 22 - DTSCIPLINE
22.1 The Employer may discipline employees in any form listed below:
Oral Reprimand
Written Reprimand
Suspension
Demotion
The Employer will discipline employees for just cause only and in accordance with the
concept of progressive discipline.
Employees who aze disciplined pursuant Yo the terms of this Article may appeal ihe
Employer's discipiinary action through the grievance procedure set forth in Article 6 of •
this Agreement or to a Civil Service authority pursuant to the rules and procedures of
such authority.
20
ARTICLE 23 - POSITION OPE1vINGS
23.1 To expedite the filling of vacancies under the civil service procedures, the head of the
• departrnent or designated representative will:
Make requisition for certificarion of eligibles to fill a vacancy within fifteen (15)
days after determin;ng that a vacancy exists.
Withiu fifteen (15) days after the department head has met with the certified
eligibles, he/she will fill the vacancy.
If no eligible list is in effect when a vacancy occurs, the department head shall, within
fifteen (15) days, request the Human Resources Director to conduct an examination for
the purpose of establishing an eligible list.
Nothing in this Article 23 shail be construed to eliminate or lessen the Department Head's
right to determine the number of employees in any class title.
ARTICLE 24 - CITY MILEAGE
24.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paui
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
• foliowing provisions are adopted.
24.2 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 $4.00 per day for
each day the empioyee's vehicle is actually used in perfomung the duties of the
employee's position. In addition, the employee shall be reimbursed $.20 per mile for
each mile actually driven.
If such employee is required to drive an automobile during employment and the
Deparunent Head or designated representative determines that an employer vehicle is
available for the employee's use but the employee desires to use hislher own automobile,
then the employee shall be reimbursed at the rate of $.20 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 REGiJLARLY during
employment, the employee shall be reimbursed at the rate of $4.00 per day for each day
of work. In addition, the employee shali be reimbursed $.20 per mile for each arile
actually driven.
C�
21
ARTICLE 24 - CITY MILEAGE (Continued)
If such employee is required to drive an auiomobile dnring 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 reimbursed at the rate of $.20 per mile driven and
shall not be eligible for any per diem.
243 The City will provide pazking at the Civic Center Pazking 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 oniy for the
days the employee is required to have his or her own personat caz available.
24.4 Rules and Regularions: The Mayor shall adopt rules �d regulations goveming the
procedures for automobile reimbursement, which regutations and niles shall contain the
requirement that recipients shall fiie daily reports indicating miles driven and shall file
monthly affidavits stating the number of days worked and tfie 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,OQ0 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.
�
u
22
ARTICLE 25 - DIIRATION OF AGREEMENT
�
i
•
25.1 Except as herein provided, this Agreement shall be effective as of the date the Agreement
is executed by the parties, and shall continue in full force and effect through the 31 st day
of December, 2001, and thereafter until modified or amended by mutual agreement of the
parties. Either pariy desiring to amend or modify this Agreement shall notify the other in
writing so as to compiy with the provisions of the Minnesota Public Employment Labor
Relations Act of 1984.
25.2 The wage schedule altached hereto as Appendis "B" shall take force and effect at such
tnne as is specified in the administrative resolution recognizing and approving this
Agreement in accordance with Section 12.09 of the Saint Paul City Charter.
Signed this �day of February, 2000
CITY OF SAINT PAL3L
� I��.�.��
Terry`�ialtiner
Labor Relations Manager
SAINT PAUL FIRE SUPERVISORY
ASSOCIATION
�� ���
Aonato Bataglia,
President
23
�, , , iz:�
• Regulation "West Point" long sleeve police shirt
Regulation "West Point" short sleeve police shirt
Ranking Officer's white uniform shirt, long sleeve, West Point 7500C
Ranking Officer's white uniform shirt, short sleeve, West Point 7500C
Jersey type long sleeve sweat shirt, navy blue - Wilson 8632
3ersey type 3/4 sleeve sweat shirt, navy blue - Wiison 8632
Fechheimer Bros. navy blue trousers 32200
Fechheimer Bros. navy blue trousers 32250
Jacket - Light weight, waist style Fechheimer 32100
Fur coat - Energy 100FD - Sizes 48 - 50 add 10°/a - longs add 10%
Jacket - Califomia thermai chief - Horace Smali
Pazka - Navy - Butwin 111 SP
Regular sizes 34 - 46
Extra sizes 48, 50, 52, Long
• Liners for summer uniform fire fighter jacket - Fechheimer Bros.
32704
Sewing Costs: No cost when ordered with jacket, otherwise ..
Caps
Trooper Cap
Chiefs Navy-Stype Midwest-N.W.
8 pt. Midwest-N.W.
Belts - leather - black - 1.5 inch
Shoes
Wedge style oxford - Red Wing shoe #101
Slip on style oxford - FLOAT-AWAYS #J5347
Slip on style oxford - FLOAT-AWAYS #J5318
Lace style oxford - FLOAT-AWAYS Z5096
Slip on style o�ord Weinbrenner 1635
Slip on style oxford Weinbrenner 1435
Lace style oxford T5152 Mocc toe
Lace style oxford Weinbrenner 1225
Lace style oxford Weinbrenner 1250
Socks
Munsingweaz #40
Munsingweaz #415 - stretch style
• Ties - black, 4-in-hand, or snap-on style
A1
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APPENDIX B: BIWEEKLY RATES
Salary ranges applicable to titles covered by this Agreement shall be as shown below:
Effective 1/1/2000 Three and one/tenths percent increase
Effective 1/1/2001 Two and ninety-five hundredths percent increase
492A Chief Fire investigator
672 Fire Communicatio� Chief
150 Fire District Chief
697 Fire T2ining Officer
A B C D E F 10-1R 15-YR
(�l (Zl (3) (41 (� (6) (�l ($)
01/01/2000 $ 2,149.33 $ 2.255.48 $ 2,366.98 $ 2.461.48 $2,586.02 $2,689.78 $2,828.15 $ 2,897.37
01l01/2001 $ 2,212.74 $ 2,322.02 $ 2,436.81 $ 2,534.09 $2,662.31 $2.769.13 $2,911.58 $ 2.982.84
r �
L
r�
L
193A Deputy Fire Chief
179A Emergency Paremedical Services Chief
186 Fire Marshall
A B C D E F
(1) (2) (3) (4) (5) (6)
01/01/2000 $ 2,327.73 $ 2,442.67 $ 2,563.44 $ 2,665.75 $2,80D.64 $2,913.00
Otl01f2001 $ 2,396.40 $ 2,514.73 $ 2,639.06 $ 2,744.39 $2,88326 $2,998.93
10-YR 15-YR
�� �
$ 3.062.87 $ 3,137.85
$ 3,15322 $ 3.230.42
:
_ �i
'�� � � -
� �
� � � � � � � 2000 �- 2U01 _ _ - �
-, , AGREEMENT -
�.
� : � � - � � =-between - " � � ,
` � THE CITY OF SAINT FAUL-
.�� �,. -
� � � aniI�= � � � �
, <
>.
. . . _.
<_THE SAIN� PAITL FIRE SUPEI2VISO�2Y ASSOGIAT�O� ` ,
� �. � � � � - �
M
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INDEX
ARTICLE TITLE PAGE
1 PurQose ..........................................................1
2 Definitions .......................................................1
3 Recognition ......................................................2
4 Security .........................................................3
5 Employer Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
6 Grievance Procedure ...............................................3
7 Savings Clause ....................................................6
8 Uniform A1lowance ................................................6
9 LegalServices ....................................................7
10 Seniority .........................................................7
11 Ca1lBack ........................................................7
12 Insurance ........................................................8
13 Vacation ........................................................11
14 Holidays ........................................................12
• 15 Sick Leave and Parental Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
16 Severance Pay ...................................................13
17 Wages ..........................................................15
18 Volunteerism and/or Outside Employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
19 Incapacitation ....................................................16
20 Drug and AlcoholTesting ..........................................17
21 Overtime .......................................................20
22 Discipline .......................................................20
23 Position Openings ................................................21
24 City Mileage .....................................................21
ZS Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
AppendixA .............................................. A1
AppendixB .............................................. Bl
� i
ARTICLEI-PURPOSE
s
l.l The Employer and the Saint Paul Fire Supervisory Association {SPFSA) agree that the
purpose of entering into this Agreement is to:
i.l.i Achieve orderly and peaceful relations, thereby establishing a system of
uninterrupted operations and the highest level of performance that is consistent
with the weli being of all concemed.
1.1.2 Establish the full and complete understanding of the parties conceming the terms
and conditions of this Agreement.
1.13 Establish procedures to orderly and peacefully resolve disputes as to the
application of interpretation of this Agreement.
1.1.4 Place in written form the parties' agreement upon terms and conditions of
employment for the duration of this Agreement.
ARTICLE 2 - DEFINITIONS
2.1
2.2
• 23
2.4
2.5
2.6
2.7
Association: Saint Paul Fire Supervisory Association (SPFSA)
Empioyer: The City of Saint Paul
Association Member: A member of Saint Paul Fire Supervisory Association (SPFSA).
Employee: A member of the exciusively recognized bazgaining unit as certified by the
State Bureau of Mediation Services in Case No. 78-PR-1056-A dated August I, 1978.
Vacancy: As determined by the department head, a funded position opening in a class
specified in Article 3.2.
Position: Any specific o�ce, employment or job in the Fire Department in a class
specified in Article 3.2.
Tour of Duty:
A. For a fifty-six (56) hour work week employee: The performance of job duties and
acceptance of the responsibilities of a position for a consecutive and uninterrupted
twenty-four (24) hour period from 8:00 a.m. on a calendar day to 8:00 a.m. on the
foilowing calendar day.
B. For a forty (40) hour work week employee: The performance of job duties and
acceptance of the responsibilities of a position for a consecutive and uninterrupted
eight (8) hour period within a calendaz day.
C�
ARTICLE 2 - DEFIIVITIONS (Continued)
C. Notwithstanding B above, employees assigned to a forry (40) hour work week '
may, through mutual agreement with the Employer, work schedules other than �
schedules limited by B above. Overtime compeasafion for employees working
under such agreements shall be subject to the provisions as set forth by the Fair
Labor Standards Act.
2.8 Department: The fire department of the City of Saint Paul as established and amended
from time to time pursuant to Section 4.01 of the City Charter.
2.9 Overtime: Work performed by an Employee in excess of the Employee's tour of duty by
order of the Employer.
2.10 Overtime Pay: For employees assigned to a fifty-six (56) hour work week, overtime pay,
for the purpose of Article 21, will be based on a fifty-six (5� hour work week. For
employees assigned to a forty (40) hour work week, overtime pay, for ihe purpose of
Article 21, will be based on a forty (40) how work week.
ARTICLE 3 - RECOGNITION
3. I The Employer recognizes the SPFSA as the exclusive representative for the purpose of
meeting and negotiating the terms and conditions of employment for supervisory Fire
Depaztment personnel.
3.2 Job classes which are within the bazgaining unit and covered by this Agreement aze as •
foliows:
AssisTant Fire Marshal
Chief Fire Investigator
Deputy Fire Chief
District Fire Chief
Fire Communications Chief
Fire Dispatch Supervisor
Emergency Paramedical Services Chief
Emergency Prepazedness Coordinator
Fire Marshal
Fire Training Officer
33 In the event the Employer and the Association are unable to agree as to the inclusion or
exclasion of a new or modified job position, the issue shall be subnvtted to the Bureau of
Mediation Services for determination.
•
2
ARTICLE 4 - SECURITY
' 4.1 The Emp]oyer shall deduct from the wages of Employees who authorize such a deduction
• in writing an amount necessary to cover monthly Association dues and assessments.
Such monies shall be remitted as directed by the Association.
4.2 The Association may designate Employees from the bazgaining unit to act as stewards
and shall inform the Employer in writing of such choice.
43 The Association agrees to indemnify and hold the Employer harmless against any and all
claims, suiu, 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 article.
ARTICLE 5 - EMPLOYER AUTAORITY
5.1 The SPFSA recognizes the prerogatives of the Employer to operate and manage its affairs
in all respects in accordance with applicable laws and regulations of appropriate
authorities. The prerogatives and authority which the Employer has not officially
abridged, delegated or modified by this Agreement are retained by the Employer.
5.2 A public employer is not required to meet and negotiate on matters of inherent
managerial policy, which include but aze not limited to, such azeas of discretion of policy
as the functions and programs of the employer, its overall budget, utilization of
technology, and organizational structure and selection and direction and number of
• personnel.
ARTICLE 6 - GRIEVANCE PROCEDURE
6.1 DEFINITION OF GRIEVANCE: A grievance is defined as a dispute or disagreement
as to the interpretation or application of the specific terms and conditions of the
Agreement.
6.2 SPFSA REPRESENTATIVES: The Employer will recognize representarives
designated by the SPFSA as the grievance representatives of the bazgaining unit having
the duties and responsibilities established by this Article. The SPFSA shall notify the
Empioyer in writing of the names of such SPFSA representatives and of their successors
when so designated.
63 PROCESSING OF GRIEVANCE: It is recognized and accepted by the SPFSA and the
Employer that the processing of grievances as hereinafter provided is limited by the job
duties and responsibiliries of the Employee and shall therefore be accomplished during
normal working hours only when consistent with such Empioyee duties and
responsibilities. The aggrieved Employee and the SPFSA shall be allowed a reasonable
amount of time without loss in pay when a grievance is investigated and presented to the
• Employer during normal working hours provided the Employee and the SPFSA
representatives have notified and received the approval of the designated supervisor who
K7
ARTICLE 6 - GRIEVANCE PROCEDURE (Continued)
has detemuned that such absence is reasonable and wouid not be detrimental to the work
program of the Employer. •
6.4 PROCEDURE: Grievances, as defined by Secrion 5.1 shall be resolved in conformance
with the following procedure:
Sten 1 An Employee claiming a violation concerning the interpretation or application of
the Contract shali within iwenty-one (21) calendar days after such alleged
violadon has occurred present such grievance to the Employee's supervisor as
designated by the Employer. The Employer designated representative will discuss
and give an answer to such Step 1 grievance within ten (10) calendaz days after
receipt. A gievance not resolved in Step 1 and appealed in Step 2 shatl be piaced
in writing setting forth the nature of the grievance, the facts on which it is based,
the provision or provisions of the Contract allegedly violated, the remedy
requested, and shali be appealed to Step 2 within ten (10) calendaz days after the
Employer-designated representative's final answer in Step 1. Any grievance not
appealed in writing to Step 2 by the SPFSA within ten (10) calendar days shall be
considered waived.
Sten 2 If appealed, the written grievance shall be presented by the SPfiSA, and discussed
with the Employer-designated Step 2 representative. The Employer-designated
representative shall give the SPFSA the Employer's Step 2 answer in writing
within ten (10) calendaz days after receipt of such Step 2 grievance. A grievance
not resolved in Step 2 may be appealed to Step 3 within ten (10) aalendar days •
following the Employer-designated representative's Step 2 answer. Any grievance
not appealed in writing to Step 3 by SPFSA within ten (10) calendar days shail be
considered waived.
Steu 3 If appealed, the written grievance shall be presented by the SPFSA to, and
discussed with the Employer-designated Step 3 representative. The
Employer-designated representative shali give the SPFSA the Employer's artswer
in writing within ten (10) calendar days after receipt of such Step 3 grievance. A
grievance not resolved in Step 3 may be appealed by the SPFSA to Step 4 within
ten (10) calendar days following the Employer-designated representative's final
aztswer in Step 3. Any grievance not appealed in writing to Step 4 by the SPFSA
within ten (10) calendaz days shall be considered waived.
Ontional NFediation Sten
If the grievance has not been satisfactorily resolved at Step 3, either the Union or
the Employer may, within ten (10) calendar days, request mediation. If the parties
agree that the grievance is suitable for mediation, the parties shall submit a joint
request to the Minnesota Bureau of Mediation Services for the assignment of a
mediator. Grievance mediation shall be completed within thirty (30) days of the •
assignment unless the parties mutually agree to lengthen the titme limit.
�
ARTICLE 6 - GRIEVANCE PROCEDURE (Continued)
2. Grievance mediation is an optional and voluntary part of the grievance resolution
• process. It is a supplement to, not a substitute for, grievance arbitration. When
grievance mediation is invoked, the contractual time limit for moving the
grievance to azbitration shall be delayed for the period of inediation.
3. The grievance mediation process shall be informal. Rules of evidence shall not
apply, and no record shall be made of the proceeding. Both sides shail be
provided ampie opportunity to present the evidence and argument to support their
case. The mediator may meet with the parties in joint session or in sepazate
caucuses.
4. At the request of both paities, the mediator may issue an oral recommendation for
settlement. Either party may request that the mediator assess how an azbitrator
might rule in tivs case.
5. The grievant shall be present at the grievance mediation proceeding. If the
grievance is resolved, the grievant shall sign a statement agreeing to accept the
outcome. Unless the parties agree otherwise, the outcome shall not be
precedential.
6. If the grievance is not resalved and is subsequently moved to arbitration, such
proceeding shall be de novo. Nothing said or done by the parties or the mediator
• during grievance mediarion with respect to their positions concerning resolution
or offers of settlement may be used or referred to during azbitration
StCp 4 A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to
azbitration subject to the pzovisions of the Public Employment Labor Relations
Act of 1971. The selection of azbitrator shall be made in accordance with the
"Rules Goveming the Arbitration of Grievances" as established by the Public
Employment Relations Board.
6.5 ARBITRATOR'S AUTHORITY: The arbitrator shall have no right to amend, modify,
nullify, ignore, add to, or subtract from the terms and conditions of the Agreement. The
azbitrator shall consider and decide only the specific issue(s) submitted in writing by the
Employer and the SPFSA, and shall have no authority to make a decision on any other
issue not so submitted.
6.6 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 the close of the hearing or the submission of briefs by the
parties, whichever is later, unless the parties agree to an extension. The decision shall be
based solely on the arbitrator's interpretation or application of the express terms of this
Agreement and to the facts of the grievance presented.
•
5
ARTICLE 6 - GRIEVANCE PROCEDURE (Contiaued)
6.7 The fees and eacpenses for the arbitrators' services and proceedings shall be borne equally
by the Employer and the SPFSA, provided that eacfi party shall be responsible for .
compensating its own representatives and witnesses. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made, providing it pays for the
record. If both parties desire a verbatim record of the proceedings, the cost shall be
shared equally.
6.8 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 neat step within the
specified time 1'unit or any agreed eactension thereof, it shall be considered settled on the
basis of the Employer's last answer. If the Employer does not answer a grievance or an
appeal thereof within the specified time limits, the SPFSA may elect to treat the
grievance as denied at that step and immediately appeal the grievance to the next step.
The time limit on each step may be ea�tended by mutuat written agreement of the
employer and the SPFSA in each step.
6.9 RECORDS: All documents, communicarions and records dealing with a grievance shall
be filed sepazately from the personnel files of the involved employee(s).
ARTICLE 7 - SAVING5 CLAUSE
— -- •
- - - -
7.1 This Agreement is subject to the laws of the United States, the State of Minnesota and the
City of Saint Paul. In the event any provision of this Agreement shall be held to be
contrary to law by a court of competent jurisdiction from whose final judgment or decree
no appeal has been taken within the time provided, such provisions 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.
ARTICLE 8 - UNIFORM ALLOWANCE
8.1 The 1972 base of One Hundred Twenty Dollars ($120.00) as a clothing allowance on a
voucher system will be increased 7anuary 1,1974, and each year thereafter on the basis of
a yeazly study of the increased cost of the defined uniform. The 1972 base cost of the
uniform is stipulated and attached as Appendix A.
8.2 It is further understood that employees covered by this Agreement shall receive a clothing
allowance which is Thirty ($3Q.00) dollazs greater than that provided by Article 8.1 of
this Agreement.
•
6
ARTICLE 9 - LEGAL SERVICES
9.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the
. Employer shall defend, save hamiless and indemnify an Employee, and/ar his/her estate,
against any ciaim or demand, whether groundiess or otherwise, arising out of an alleged
act or omission occurring in the performance and scope of the Employee's duties.
9.2 Notwithstanding Article 9.1, the employer shall not be responsible for paying any legal
service fee or for providing any legal service arising from any legal action where the
employee is the Plaintiff:
ARTICLE 10 - SENIORITY
10.1 Department Seniority: For the purposes of this Agreement seniority shall be defined as
the length of continuous and uninterrupted employment in the fire department.
10.2 Loss of Department Seniority: An Employee will lose acquired department seniority in
the following instances:
10.2.1 Resignation
10.2.2 Dischazge
10.23 Retirement
103 Work Force Reduction: In the event of a reduction in the department work force, such
• reduction shall occur in accordance with Section 22 of the Civil Service Rules as of the
date of the signing of this Agreement.
10.4 Reduction in Rank: Reduction in rank shall be in accordance with the Civil Service
Rules as of the date of the signing of this Agreement. (Except as indicated below)
10.4.1 Reduction in rank for periods up to but no more than 30 consecutive
calendar days will be by platoon seniority.
10.4.2 Reduction in rank for more than 30 cansecutive calendaz days shall be in
accordance with the Civii Service Rules as of the date of the signing of
this Agreement.
ARTICLE 11- CALL BACK
11.1 Employees required by the Employer to report for work during off-duty time will be
compensated at the overtime rate in accordance with Article 2.10 of this Agreement. The
minimum payment under this Article will be four (4) times the Employee's hourly rate.
An eaziy report of two (2) hours or less, or an extension of a nozmally scheduled tour of
duty, shall not qualify an Employee for this minimum payment.
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ARTICLE 12 - INSURANCE
12. I The insurance pIans, premiums for coverages, and benefits contained in the insurance
plans offered by the Employer shall be solely controlled by the contracts negoriated by
the Employer and the benefit providers. The Employer will attempt to prevent any •
changes in the benefits offered by the benefit providers. However, the empIoyees
selecting the offered plans agree to accept any changes in benefits which a specific
provider unplements.
122 Eligibility for full-time benefits is defined as appearing on the payroll an average of at
least sixty-four (64) hours per biweekly pay period for the twelve (12) month period
preceding the annvat open enroltment or special enrotlmenu of the employment period
preceding initial eligibility.
123 Effective January 1,2�OQ, the Empioyer wilt contribute $276.65 per month for health
insurance to eligible employees who select single coverage. Further the Employer will
contribute $418.78 per month to eligible empioyees who select family coverage.
12.4(1)Effective January, 2001, the Employer will contribute $276.65 per month for health
insurance to eligibie employees who select single coverage.
12.4(2)Effective for the January 2001 insurance coverage, the Employer will contribute $418.78
plus an amount equai to the 2001 single health insurance premium increase up to forry
($40) dollazs. If the 2001 single insurance premium increase is over forty ($40) dollazs,
the Employer will contribute 50% of the amount over forty ($40) dollazs.
12.5 Under the cafeteria plan full-time, eligible employees, must select at least singie health .
insurance coverage and employee life insurance in an amount of $10,000. It is
understood that these mandatory coverages may not be waived.
12.6 Any unused portion of the Employer's con�ibution for which an employee is eligible is
defined as unused benefit dolIazs, not salary, and shall be paid to the employee as taYable
income. Such payment will be made during the month of December for the insurance
yeaz.
However, an employee whose spouse is also employed by the City of St. Paul and is
eligible to participate in the city's health insurance plan will not be required to select the
mandatory health insurance coverage as long as one of the spouses is participating in the
city's health insurance plan with fanuly coverage. The mandatory life insurance coverage
continues to apply. In tYris event, only the difference between the cost of the mandatory
life insurance and the employer contribution amount for single health insurance coverage
shall be eligible for payment as unused benefit dollazs.
Effective January 1, 1999, the amount eligible for payment as unused benefit dollars shall
be the actual cost of the single health insurance premium, less the cost of the monthly life
insurance premium.
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ARTICLE 12 - INSURANCE (Continued)
12.8 Under the cafeteria plan, employees covered by this agreement will be eligible to
� participate in the Fle�ble Spending Accounts offered by the Employer. The service fee
charged for employees participating in the Dependent Care Account will be paid by the
Employer. The service fee for employees participating in the Medical Expense Account
will be paid by the employee. �
Survivor Insurance
129 In the event of the death of an active employee, the dependents of the employee shail
have the oprion, within thirty (30) days, to continue the current hospitalization and
medical benefits, including such plan improvements as may be made from time to time,
which said dependents previously had, at the preauum and Employer contribution
applicable to eligible eazly retirees. The date of death shall be considered to be the date
of retirement.
In the event of the death of an eariy retiree or a regulaz retiree, the dependents of the
retiree shall have the option, within thirty (30) days, to continue the current
hospitalization and medical benefits which said dependents previously had, at the
premium and Employer contribution accorded to the eligible deceased retiree.
In the event of the death of an employee killed in the line of duty, the Employer wiil
contribute 100% of the premium for either singie or fatnily health insurance coverage
� for eligible dependents. An eligible dependent who is not enrolled in the City's heaith
insurance program at the time of the employee's death will have an option to enroll at
the next annual open enrollment period.
It is understood that such coverage shall cease in the event of:
12.9.1 The subsequent remarriage of the surviving spouse of the deceased empioyee or
retiree.
12.9.2 The employment of the surviving spouse where hospital insurance coverage is
obtained through a group program provided by said Employer. However, it is
further understood that in said event, the surviving spouse shall have the right to
maintain City health insurance coverage for the first ninety (90) days of said
employment.
Retiree Insurance
12.10 Employees who retire must meet the following conditions in order to be eligible for
Employer contributions listed in Articles 12.11 through 12.14 below toward a health
insurance plan offered by the Employer:
12.10.1 Be receiving benefits from a public employee retirement act covering
• employees of the City of Saint Paul at the time of retirement, and
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ARTICLE 12 - INSURANCE (Continued)
12.10.2
Have severed his/her relationship with the City of Saint Paul under one of
the retiree plans,and
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12.10.3
12.10.4
Have completed at least 20 years of service with the City of Saint Paul or
be receiving a disability pension from the City of Saint Paul, and
Have severed 3rislher relationship with the City of Saint Paul for reasons
other than an involuntary temunation for misconduct.
Early Retirees
12.11 This Article shall apply to employees who:
12.11.1
12.11.2
12.113
12.11.4
12.11.5
Retire on or after January 1, 1996, and
Were appointed on or before December 31, 1495, and
Have not attained age 65 at retirement, and
Meet the terms set forth in Article 12.10 above, and
Select a health insurance plan ofFered by the Employer.
Until such retirees reach sia�ty-five (65) years of age, the Employer agrees to contribute a
maximum of $350.00 per month towazd the premium for single or family health insurance
coverage. Any unused portion of tfie Employer's contribution shaII not be paid to the retiree.
When such eazly retiree attains age 65, the provisions of Article 12.13 shatl apply.
12.12 This Article shall apply to empioyees who:
12.12.1 Retiree on or after January 1, 1996, and
12.12.2 Were appointed on or after January 1, 1996, and
12.123 Aave not attained age 65 at retirement, and
12.12.4 Meet the terms set forth in Articie I2.10 above, and
12.12.5 5elect a health insurance plan offered by the Emgloyer.
ilntil such retirees reach sixry-five years (65) of age, the Employer agrees to contribute
a maximum of $300.00 per month towazd the cost of single or family health insurance
coverage. Any unused portion of the Employer's conhibution shall not be paid to the
retiree.
When such eazly retiree attains age 65, the provisions of Article 12.14 shatl apply.
Regular Retirees (Age 65 and over)
12.13 This Article shall apply to employees who:
12.13.1 Retire on or after January 1, 1996, and
12.13.2 Were appointed prior to January 1, 1996, and
12.13.3 Have attained age 65 at retirement, and
12.13.4 Meet the terms set forth in Article 12.10 above, and
12.13.5 Select a health insurance plan offered by the Employer.
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ARTICLE 12 - IN5URANCE (Continued)
The Employer agrees to contribute a maximum of $550.00 per month toward the
• premium for single or family health insurance coverage offered to regulaz retirees and
theiz dependents. Any unused portion of the Employer's contriburion shai] not be paid to
the retiree.
12.14 This Article shall apply to employees wha:
12.14.1 Retire on or after January 1, 1996, and
12.14.2 Were appointed on or after January 1, 1996, and
12.143 Have attained age 65 at retirement, and
12.14.4 Meet the terms set forth in Article 12.10 above, and
12.14.5 Select a health insurance plan offered by the Employer.
The Employer agrees to contribute a maximum of $300.00 per month towazd the
premium for single or family health insurance coverage offered to regulaz retirees and
their dependents. Any unused portion of the Employer's contribution shall not be paid to
the retiree.
12.15 The contributions indicated in this Article 12 shall be paid to the Employer's third party
administrator or designated representative.
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ARTICLE 13 - VACATION
13.1 In each fiscal yeaz, each Full-time employee shall be granted vacation accord'ang to the
following schedule:
Years of service 56 hour Emplovees
1 st yeaz thru Sth year 112.0 hours *
6th yeaz thru 15th yeaz 168.0 hours **
16th yeaz thru 25th yeaz 235.0 hours "* *
26th year and beyond 246.4 hours ****
* (2 x designated work week)
** (3 x designated work week)
*** (4.2 x designated work week)
**"*(4.4 x designated work week)
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40 hour Emolovees
112 hours (14 days) (.0539)
160 hows (20 days) (.0769)
200 hours (25 days) (.0962)
208 hours (26 days) (.1000)
13.2 The department head may permit Employees to carry over into the foliowing fiscal year,
vacation time equivalent to three work weeks. Vacation schedules shall be fixed by the
department head. An Employee not working full-tune shall be granted vacation on a
pro-rata basis.
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ARTICLE 13 - VACATION (Continued)
13.3 Employees sepazated from employment by reason of resignation shall be granted such
vacation pay as has been eamed and remains unused at tfie fime of separation, provided •
notification of resignation has been sent to the department head, in writing, at least fi8een
(15) calendaz days prior to the date of resignation. Employees sepazated from
employment by reason of discharge, retirement, or death shall be granted such vacation
pay as has been eamed and remains unused at the time of sepazation. Employees granted
more vacation time than eamed at the time of separation from employment shall pay the
Employer for such uneamed vacation.
ARTICLE 14 - HOLIDAYS
14.1 In addition to what is provided in Saint Paut Ordinance No. 6446, add one additional
floating holiday which is to be added to the vacation schedule by increasing vacation by
.2 (two-tenths) times the number of hours designated as the work weak.
14.2 Effective 1986 and in addition to 14.1 above, add one additional holiday (Martin Luther
King Day) to the vacation schedule by increasing vacation by .2 (two-tenth) times the
number of hours designated as the work week.
143 In addition to what is provided in Section 14.1 and 14.2 above, and the St Paul
Ordinance No. 6446, add one additional tour of duty holiday. In each yeaz of this
agreement, tkis tour of duty Hokday may, at tlie option-of the emplogee: -(1) Be added to •
the employee's vacation sckeduie, or (2) the employee may choose to receive payment at
his regular rate of pay in lieu of taking time off on the additional tour of duty Holiday
provided herein. If the Employer has not received and approved an employee's request
for his/her additionat tour of day Holiday time off by November 15 of each calendar year,
such employee can only receive payment at the regulaz rate of pay and can no longer elect
to take time off for that calendar year. Such payment shall be made no later than the last
regularly scheduled pay day of that calendar year
14.4 On January 1, 1999, all employees in the titles of Chief Fire Investigator, Fire
Communications Chief, Fire District Chief and Fire Training Officer with a minimum of
15 yeazs of service will be provided one additional taur of duty holiday. This ho&day is
subject to the same conditions idenrified in Section 143.
14.5 Effective January i, 2000, atl employees in the bazgaining unit will be eligible for the
tour of duty holiday Iisted in 14.4.
14.6 For those employees assigned to a work week other than Monday through Friday, the
holiday shall be observed on the calendar date of the holiday.
14.7 Eligibility for Holiday Pay and Floating Holidays shall be in accordance with Section 1
(one) Subsection I of the Salary Plan and Rates of Compensation Resolution.
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ARTICLE 15 - SICK LEAVE AND PARENTAL LEAVE
15.1 Sick leave shall be eamed and granted in accordance with the Civil Service Rules.
� 15.2 In the case of a serious illness or disability of an employee's child, parent or househoid
member, the head of the department shall grant leave with pay in order for the employee
to care for or make arrangements for the care of such sick or disabled persons. Such paid
leave shall be drawn from the employee's accumulated sick leave crediu. Use of such
sick leave shall be limited to the number of hours designated to be the employee's work
week per incident.
153 Any employee who has accumulated sick leave credits, as provided in the Civil Service
Rules, may be granted one day of sick leave to attend the funeral of the employee's
grandparent or grandchild.
15.4 If an employee has an accumulation of sick leave credits in excess of one hundred and
eighty days, he/she may convert any part of such excess to vacation at the rate of one-half
day's vacation for each day of sick leave credit. No employee may convert more than ten
(10) days of sick leave in each calendaz year under this provision.
15.5 Maternity and Parenta] Leave. Pregnant employees of the City of Saint Paul shall be
eligible for the use of paid sick leave and unpaid leave of absence in the same mannet as
any other disabled or ill City employee. Such paid sick leave eligibility shall begin upon
certification by the employee's attending physician that the employee is disabled in terms
• of her ability to perform the duties of her position.
A twelve (12) month Parental leave of absence without pay shall be granted to a naturai
pazent or an adoptive parent, who zequests such leave in conjunction with the birth or
adoption of a child. Such leave may be ea�tended an additional twelve (12) months by
mutual agreement between the empioyee and the Employer. Refusal on the part of the
Employer to grant an extension of such leave shall not be subject to the provisions of
Article 6 of this Agreement.
Employees who return following such leaves of absence shall be placed in a position of
equivalent salary and tenure as the one held just prior to the beginning of their leave.
ARTICLE 16 - SEVERANCE PAY
16.1 Effective January l, 1990, the employer shall provide a severance pay program as set
forth in this Article 16.
16.2 To be eligible for the severance pay program, an employee must meet the following
requirements:
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Al2TICLE 16 - SEVERANCE PAY (Contiaued)
16.2.1 The employee must be voluntarily sepazated from CiTy empioyment or have been
subject to sepazation by lay-off or compulsory retirement. Those employees who
aze dischazged for cause, misconduct, inefficiency, incompetency, or any other
disciplinary reason aze not eligible for the City Severance pay program.
16.2.2 The employee must file a waiver of reemployment with the Human Resources
Director, which will clearly indicate that by requesting severance pay, the
employee waives all claims to reinstatement or reemployment (of any type), with
the City or with Independent School District No. 625.
16.23 The employee must have an accumulated balance of at least eighty (80) days of
sick leave credits at the time of his separarion from service.
163 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
sepazarion for each day of accrued sick leave subject to a maximum as shown below
based on the number of yeazs of service with the City,
Years of Service
with the Citv
At least 20
21
22
23
24
25
Maximum
Severance Pav
$ 5,000
6,000 _
7,000
8,000
9,000
10,000
However, any employee separated from City employment on or after January 1, 1992
who has an accumulated balance of at Ieast one thousand eight hundred fifty (1,850)
hours of sick leave credits and at least twenty-five (25) years of service at the time of
hislher sepazation from service sha11 be granted severance pay in the amount of thirEy
thousand dollazs ($30,000).
Employee with twenry (20) or more years of service who is ruled disabled and is
receiving a disability pension and who has 1850 hours of accumulated sick leave
shall be allowed the maximum severance benefit of $30,000.
The manner of payment of such severance pay shall be made in tluee consecutive annual
payments of ten thousand dollazs ($10,000) each. The annual payments shall be made in
February of each year. The first payment sha11 be made during the month of February in
the year following the yeaz in which the employee sepazates hislher employment.
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ARTICLE 16 - SEVERANCE PAY (Continued)
16.4 For the purpose of this severance prograni, a death of an employee shali be considered as
• separation of empioyment, and if the employee would have met all of the requirements
set forth above at the time of his or her death, payment of the severance pay may be made
to the employee's estate or spouse.
16.5 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
sepazation of employment, and such transferee shall not be eligible for the City severance
program.
16.6 The manner of payment of such severance pay shall be made in accordance with the
provisions of City Ordinance No. 11490.
•
16.7 The manner of payment of severance in amounts of ten thousand dollars ($10,000) or less
shall be made in accordance with the provisions of City Ordinance No. 11490.
ARTICLE 17 - WAGES
17.1 When the 1994 rates for Fire Captain Paramedic aze detemuned, the steps in the 1994
salary range for District Fire Chief shall be adjusted to reflect a fifteen percent (15%)
differential above the coaesponding step in the 1994 salary range for Fire Captain
Pazamedic. The 1994 Fire Captain Pazamedic rates on which the 15% differential is
based shall not include any amount that has been added to the Fire Captain Pazamedids
rate in lieu of an Employer's insurance conttibution. This same process shall be repeated
to determine the final 1995 and 1996 rates for the title of District Fire Chief.
The biweekly rates for titles other than District Fire Chief covered by this Agreement
shall be adjusted each yeaz to reflect the percent as shown below of the 1994, 1995 and
1996 rates applicable to the title District Fire Chief.
PERCENT of
DISTRICT FIRE CHIEF
TITZE
Fire Dispatch Supervisor
Assistant Fire Mazshal
Emergency Prepazedness Coordinator
Fire Communications Chief
Fire Training Officer
Chief Fire Investigator
Deputy Fire Chief
Fire Mazshal
Emergency Pazamedical Service Chief
•
85.7%
913%
92.9%
100.0%
100.0%
100.0%
1083%
108.3%
108.3%
Such adjustments shall be effective on the first day of the first payroll period of the
respective yeaz.
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ARTICLE 17 - WAGES (Continued)
The wage schedule for the purpose of this Agreement shall be Appendix B attached hereto.
17.2 Any Fire Captain assigned as a pazamedic with 15 years of service who is promoted to •
Fire District Chief shall begin at the 10 year step effective January 1, 1994.
17.3 The wage schedute for the purpose of this Agreemeat shall be Appendi�� B attached
hereto.
ARTICLE 18 - VOLUNTEERISM A1�TD/OR OUTSIDE EMPLOYNTENT
As a condition of employment, any position represeated by the union as covered in the
contract, will be prohibited from membership in any fire department other than the Saint
Paui Department of Fire and Safety Services. In addition, other outside employment
related to fire suppression must be approved by the fire chief.
ARTICLE 19 - INCAPACITATION
19.1 Employees injured during the course of employment and thereby rendered incapable of
performing job duties and responsibilities shaIl receive full wages during the period of
incapacity, not be exceed the period equal to twelve (12) months plus accumulated sick
keave. It is understood tha�insr�chcases, the-twelv�(1-2)-month-period-shailfvst_be •
utilized and only when same is exhausted shall accumulated sick leave be applicable.
19.2 Employees disabled through injury or sickness other than specified in Section 19.1 above
shall receive full wages for a period equal to accumulated sick leave, plus six (6) months
as provided herein. It is understood that in such cases, accumulated sick leave shall first
be utilized before the six (6) months, or any part thereof, shall be applicable. It is further
understood that the sis (6) month period shall be available to members in this unit only in
those yeazs where the last available Annual Report of the City Civil Service Office shall
show average sick Ieave used per member of the Saint Paul Fire Deparnnent, (based on
the 1972 Annual Report method of calculating same), of eight (8) days or less.
19.3 Employees injured or incapacitated by illness in the Iine of duty shal] be entifled to
reinstatement at any time within five (5) years from the date of injury or incapacity
provided they are physically capable of resuming their job.
19.4 Except as specifically provided in this Article, all illness and incapacity rules and policies
previously in effect shall continue.
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ARTICLE 20 - DRUG AND ALCOHOL TESTING
20.1 Policy: The Fire Deparcment recognizes illegal drug and alcohol usage as a threat to the
• public welfaze and the employees of the department. Thus, the Fire Department will take
the necessary steps, including drug and alcohol testing, to eliminate illegal usage. It is
the goal of this policy to prevent and rehabilitate rather than tPrm;nate the employment of
workers who aze abusing drugs or alcohol. No member of the Fire Departrnent shall be
discharged for illegal drug or alcohol use without first having been offered the
opportunity to discontinue use either through personal choice or by treatment for
chemical dependency, if such treatment is needed. The Union agrees, at the Employer's
request, to re-open negotiations of this Article during the term of this Agreement.
20.2 Informing Employees About Drug and Alcohol Testing: All employees will be fully
informed of the Fire Department's drug testing policy before testing is administered.
Empioyees will be provided with information conceming the impact of the use of drugs
or alcohoi on job performance. In addition, the employer shall inform the employees of
how the tests aze conducted, how well the tests perform, when the tests will be conducted,
what the tests can determine, and the consequences of testing positive for drug or alcohol
use. All newly hired employees will be provided with this information on their initiai
date of hire. No employee shail be tested until this information is provided to him.
203 Employee Tesring: No employee will be tested for drug or alcohol abuse unless there
exists reasonable suspicion to believe that the employee to be tested is under the influence
of illegal drugs or alcohol. Random or mass testing is prohibited. No such testing may be
• conducted without the written appxovai of the officer in charge of the unit. The officer in
charge must document in writing who is to be tested and why the testing was ordered.
Failure to follow any of these procedures shall resuit in the elimination of the test results
as if no test had been administered. The test results shall be destroyed and no discipline
shall be levied against the employee.
20.4 Urine collection shall be conducted in a manner which results in a legally acceptable
sample as well as providing a high degree of security for the sample, freedom from
adulteration of the sample, the highest possible accuracy of the clinical results while at
the same time preserving the dignity of the empioyee. Administrative procedures shall be
such as to prevent the submission of fraudulent tests. When appropriate, biologic testing
of the samples may be included as part of such administrative procedures. In tesfing
which could result in employee discipiine, if the test result is positive, a split sample shall
be reserved for independent analysis which shall be performed at the request of the
affected employee. Upon request, an employee shall be entitled to the presence of a
union representative before testing is administered.
20.5 Testing Procedures: All samples shall be tested far Chemicai Adulteration, Narcotics,
Cannabis, PCP, Cocaine, Amphetamines, Alcohol and Sedatives. The testing shali be
done by a Selected Laboratory and the following standards shall be used:
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Drug Testing Standards
Alcohol
Drug Group
- ��.�- .� -
.02 concentration as shown by an analysis of urine
Drug or
metabolite detected
Amphetamine
Methamphetamine
Cocaine metabolites Benzoylecgonine
Marijuana metabolites delta-9-THC-9-COOH
Opiate metabolites
Phencyclidine
Barbiturates
Benzodiazepine
metabolites
Methadone
Methaqualone
Propoxyphene
Codeine
Total Morphine
PCP
Secobazbital
Pentobazbital
Phenobarbital
Butabazbital
O�cazepam
Methadone
Methaqualone
Propoa.yphene
Norpropoacyphene
300 ng/ml
300 ng/ml
.
GC/MS �
Confirmation
500 ng/ml
500 ng/ml
150 ng/ml
15 nglmt
300 ng/ml
m
300 ng/ml
25 nglml
1,000 ng/ml
1,000 ng/ml
1,000 ng/ml
1,000 ng/ml
300 ng/mt
300 ng/ml
300 ng/ml
300 ng(ml
300 ng/ml
Any sample which has been aduiterated or is shown to be a substance other than urine
shail be repor[ed as such. Ali samples which test positive on a screening test shatl be
confirmed by gas chromatography-mass spectrophotometry, and no records of
uuconfumed positive Yests shall be released or retained by the laboratory.
Testing shall be conducted in a manner to insure that an employee's legat drug use does
not effect the test results.
All results shall be evaluated by a suitably trained occuparional physician or occupational
nurse prior to being reported.
Test results shall be treated with the same confidentiality as other employee medical
records. The test results shall not be reported outside the Fire Department.
�
In4teal Test
level ag/ml
1,000 ng/ml
1,000 ng/ml
300 ng/ml
15 ng(ml
300 ng/ml
300 nglml
25 ng/ml
300 ng/ml
1,000 ng/ml
3,000 ng/ml
1,000 ng/ml
300 ng/m1
300 ng/ml
300 ng/ml
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ARTICLE 20 - DRUG AND ALCOHOL TESTING (Continued)
20.6 Chemical Dependency Program: Each person whose urine tests positive for illicit
• drugs shall be medically evaluated, counseled and treated for rehabilitation, if required.
In addition, at any time an employee may voluntarily enter the chemical dependency
program without feaz of disciplinary actions against him.
This Program is designated to provide care and treatment to employees wbo are in need
of rehabilitation. Details conceming treatment any employee receives at this Pro�ram
shall remain confidential and shall not be released to the public. The employee shall be
responsible for the cost of treatment.
No employee shall be relieved or transferred to other than his usual duties on the basis of
one test result although the employee may be re-evaluated for his duty assignment. When
undergoing treatment and evaluation employees shall receive the usual compensation and
fringe benefits provided at their assigned position.
20.7 Right of Appeal: Each employee has the right to challenge the results of drug or alcohol
testing in the same manner that he may grieve any managerial action.
20.8 Duty Assignment After Treatment: Once an employee successfully completes
rehabilitation, be shall be retumed to his regulaz duty assignment. Employee
reassignment during treatment shall be based on each individual's circumstances. If
follow-up caze is prescribed after treatment, this may be a condition of employment.
• Once treatment and any follow-up caze is completed, at the end of two yeazs the records
of treatment and positive drug or alcohol test results shall be retired to a ciosed medical
record. The employee shali be given a fresh start with a clean administrative record.
20.9 Right of Union Participation: At any time, the Union, upon request, will have the right
to inspect and observe any aspect of the drug and alcohol testing program with the
exception of individual test results. The Union may inspect individual test results if the
release of this information is authorized by the employee involved.
20.10 Union Held Harmless: This drug and alcohol testing program is solely initiated at the
behest of the employer. The Fire Department shall be solely liable for any legal
obligations and costs arising out of the provisions and/or application of this collective
bargaining agreement relating to drug or alcohol testing. The Union shall be held
harmless for the violation of any worker rights arising from the administration of the drug
or alcohol testing program.
20.11 Conflict with Other Laws: This Article is in no way intended to supersede or waive an
employee's federal or state constitutional rights.
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ARTICLE 21 - OVERTIME
21.1 Employees required to work in excess of their assigned tour of duty will be compettsated
at the rate of one and one-hatf (1.5) times the employee's normal rate. Such •
compensation shait be made in cash or in compensatory time at the option of the
Employer.
21.2 The purpose of this section is to effectively eliminate three (3) Fire Disirict Chief
positions, i.e., those posirions which have been traditionally known as the pool of Fire
District Chiefs.
Beginning December 31,1997 the employer may assign Fire Captains to perform the
duties of Fire District Chiefs only in accordance with subsections 2.1, 2.2, and 23
below.
21.2.1 All Fire Chiefs assigned and availabie for work on a shift aze working as Fire
Deputy or District Chief.
21.2.2 The Department may assign Captains as out-of-tide District Chiefs for any
scheduled absence (Scheduled absence, as used herein, is an absence that will be
known when a segment schedule is prepazed and distributed for the neact, i.e.,
immediately following segment) However, the out-of-title assignmenu will not
occur until Deputy and District Chiefs, as a group have scheduled or earned,
wiThin the catendar year, $97,417 in overtime. This overtime will be eamed by
filling Deputy and District Chief scheduled absences. •
212.3 The Association will detemune the method and be responsible for distributing
the scheduled overtime tours of duty among the Deputy and Dis�ict Chiefs.
This will be done to the satisfaction of the employer that qualified personnel are
filling the positions.
ARTICLE 22 - DISCIPLINE
22.1 The Empioyer may discipline employees in any form listed below:
Orai Reprimand
Written Reprimand
Suspension
Demotion
The Employer will discipline employees for just cause only and in accordance with the
concept ofprogressive discipline.
Employees who aze disciplined pursuant to the terms of this Article may appeal the
Empioyei s disciplinary action through the grievance procedure set forth in Article 6 of
this Agreement or to a Civil Service authority pursuant to the rules and procedures of •
such authority.
20
ARTICLE 23 - POSITION OPENIIVGS
23.1 To expedite the filling of vacancies under the civil service procedures, the head of the
. departrnent or designated representative will:
Make requisition for certification of eligibles to fill a vacancy within fifteen (15)
days after determining that a vacancy exists.
Within fifteen (15) days after the department head has met with the certified
eligibles, he/she will fill the vacancy.
If no eligible list is in effect when a vacancy occurs, the department head shall, within
fifteen (15) days, request the Human Resources Director to conduct an examination for
the purpose of establishing an eligible list.
Nothing in this Article 23 shall be construed to eliminate or lessen the Department Head's
right to determine the number of employees in any class title.
ARTICLE 24 - CITY MILEAGE
24.1 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 aze adopted.
24.2 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 shali be reimbursed at the rate of $4.00 per day for
each day the employee's vehicle is actually used in perfornung the duties of the
employee's position. In addition, the employee shall be reimbursed $.20 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 deternunes 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 reimbursed at the rate of $.20 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 REGiJLARLY during
employment, the employee shall be reunbursed at the rate of $4.00 per day for each day
of work. In addition, the empioyee shall be reimbursed $.20 per mile for each mile
actually driven.
i
21
AR'f'ICLE 24 - CITY MILEAGE (Continued)
If such employee is required to drive an automobile during employment and the •
department head or designated representative detemunes that an employer vehicle is
available for the employee's use but the employee desires ta use his/her own
automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and
shall not be eligible for any per diem.
243 The City will provide parking at the Civic Center Pazking Ramp for City employees on
either of the above mentioned types of reimbursement plans who are required to have
their personal caz available for City business. Such parking will be provided oniy for the
days the employee is required to have his or her own personal car available.
24.4 Rules and Regulations: The Mayor shatl adopt rules and regulations goveming the
procedures for automobile reimbutsement, which regulations and rules shall contain the
requirement that recipients shail 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 iajury, 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.
�
�
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ARTICLE 25 - DURATION OF AGREEMENT
•
C�
25.1 Except as herein provided, this Agreement shall be effective as of the date the Agreement
is executed hy the parties, and shall continue in full force and effect through the 31 st day
of December, 2001, and thereafter until modified or amended by mutual agreement of the
parties. Either party desiring to amend or modify this Agreement shall notify the other in
writing so as to comply with the provisions of the Miimesota Public Empioytnent Labor
Relations Act of 1984.
25.2 The wage schedule attached hereto as Appendix "B" shall take force and effect at such
time as is specified in the administrative resolution recognizing and approving this
Agreement in accordance with Secrion 12.09 of the Saint Paul City Charter.
Signed this ��day of February, 2000
CITY OF SAINT PAUL
�
Terry�altiner�� ��`
Labor Relations Manager
SA1NT PAUL FIRE SUPERVISORY
ASSOCIA ION
Donato Bataglia,
President
�% ,
•
23
s
APPENDIX A
• Regulation "West Point" long sleeve police shirt
Regulation "West Point" short sleeve police shirt
Ranking Officer's white uniform shirt, long sleeve, West Point 7500C
Ranking Officei s white uniform shirt, short sleeve, West Point 7500C
Jersey type long sleeve sweat shirt, navy blue - Wilson 8632
Jersey type 3/4 sleeve sweat shirt, navy blue - Wilson 8632
Fechheuner Bros. navy blue trousers 32200
Fechheimer Bros. navy blue trousers 32250
Jacket - Light weight, waist style Fechheimer 32100
Fur coat - Energy I OOFD - Sizes 48 - 50 add 10% - longs add 10°/a
Jacket - Califomia thermal chief - Horace Small
Parka - Navy - Butwin 111 SP
Regular sizes 34 - 46
Extra sizes 48, 50, 52, Long
• Liners for sununer uniform fire fighter jacket - Fechheimer Bros.
32704
Sewing Costs: No cost when ordered with jacket, othenvise ..
Caps
Trooper Cap
Chiefs Navy-Stype Midwest-N. W.
8 pt. Midwest-N.W.
Belts - leather - black - 1.5 inch
Shoes
Wedge style oxford - Red Wing shoe #101
Slip on style oxford - FLOAT-AWAYS #75347
Slip on style oxford - FLOAT-AWAYS #J5318
Lace style oxford - FLOAT-AWAYS Z5096
Slip on style o�ord Weinbrenner 1635
Slip on style oxford Weinbrenner 1435
Lace style oxford T5152 Mocc toe
Lace style oxford Weinbrenner 1225
Lace style oxford Weinbrenner 1250
Socks
Munsingweaz #40
Munsingwear #415 - stretch style
• Ties - black, 4-in-hand, or snap-on style
A1
•
APPENDIX B: BIWEEKLY RATES
Salary ranges applicable to titles covered by this Agreement shall be as shown below:
Effective 1/1/2000 Three and one/tenths percent increase
Effective 1/1/2001 Two and nineTy-five hundredths percent increase
492A Chief Fire investigator
672 Pire Communications Chief
150 Fire District Chief
691 Fire Training Officer
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A B C D E F 10-YR 15-Yi2
(1) (2) (3) �4) (5) (6) (� ($)
01/01/2000 $ 2,149.33 $ 2,255.48 $ 2,366.98 $ 2,461.48 $2,556.02 $2,689.78 $2,828.15 $ 2,897.37
M101l2001 $ 2,212.74 $ 2.322.02 $ 2,436.81 $ 2,534.09 $2.662.3'i $2,769.'13 $2.911.58 $ 2.982.84
193A Deputy Fire Chief
179A Emergency Paramedical Services Chief
186 Fire Marshall
A B C D E
��) �Z) �3) �4) �5)
01/01/2000 $ 2,327.73 $ 2,442.67 $ 2,563.44 $ 2,665.75 $2,800.64
01/01/2001 $ 2,396.40 $ 2,514.73 $ 2,639.06 $ 2,744.39 $2,88326
F 10-YR 15-YR
cs� m cs�
$2,913.00 $3,062.87 $ 3,137.85
$2,998.93 $3,15322 $ 3,230.42
:
Council File # ���p
ORIG�l�AE.
Presented
Referred To
Committee Date
RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
2 January 1, 2000 through December 31, 2001 Collective Bargaining Agreement between the City of Saint
Paul and the Saint Paul Fire Supervisory Association.
Requested by Deparnnent ofl
Office of Labor Relations
s y q
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Form Appr ved by City Attomey
BY: � �Z I �
Adoprion Certified by Council Secretary
By: � '
Approved by Mayor: Date ���� 20 2�'
gy . ���� /7�/�%���
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Green Sheet # 08916
�
Approved by Mayor for Submission to Council
B �� ���G� Z/2�/��
Adopted by Council: Date �`���\� � p p�
DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET NO.: 08916
LABOR RELAT:ONS February 28, 2000 00 -�io
CONTACI YERSON & PHONE: p un'iw�nwre iN�nAi.+np�
JtJLIE KRAUS 266-6513 p�IGN 1 DEPARTMIIdT DI�
4 CITY COUNCIL
pi[7MgER 2 CITY AITORN£Y C1TY CLERK
MUST BE ON COUNCII. AGENDA BY (DATE) FOR BUDGET DIR. Z fAI. & MGT. SERVICE DII2.
ROU'CING 3 MAYOR (OR ASSI'.) ,` '�7�
ORDER
TOiAL # OF SIGNATURE PAGFS I {CLIP ALL LOCATIONS FOR SIGNATURE)
acrroN n�QUESrEn: This resolution approves the attached January 1, 2000 — December 31, 2001 Coilective
Bazgaining Agreement between the Ciry of Saint Paul and the Saint Paul Fire Supervisory Associafion.
RECOMMENDA170NS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRAC7'S MUST ANSWER TfiE FOI.I,OWING
QUESTIONS:
,PLANNING COMA9SSION CIVIL SERVSC£ CODRdISSION i. Has this personlfum eva wo=IceA under a contract For t6is depatm�ent?
_C[B CAMIvII7TEE Yes No
STAFF 2. Has this person/fi�m ever been a ciry employee?
DISIRICT COURT Yes No
SUPPORTS W}IICH COUNCIL OBJECTTVE? 3. Does this persoNfimi possess a skill not normalty possessed by any curzent ciry employee?
Yes No
Eaptaio alt yes auswers oa sr.parate sLeet and aKach to green s4eet
INTTIATING PROBLEM, ISSUE, OPPORTL3NITY (W 60, What, Wheo, W hare, Why):
The negotiating agreement with the Saint Paul Fire Supervisory Associafion had expired. The City is required to
negotiate with the bazgaining unit.
nnvaNrncES � nrrxovev: An Agreement in place through December 31, 2001.
DISADVANTAGES IF APPROVED: NOriO
nisnnvarrracES � xor arrxovEn: T'he relationship between this bazgaining unit and the City would be strained. This
unit would then be on an unequal fooung with other Public Safety Units.
TOTAL AMOUNT OF TRANSAGTION: $ COSTlREVENUE BIIDGETED;
FUNDING SOURCE: ACTNITY NUMBER:
FINANCIAL IlYFORMATION: (ERP)-AI1V)
t� n .0 EP�
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ATTAC�IMENT TO TI� GREEN SHEET
The Saint Paul Fire Supervisory Associafion
Below is a summary of the changes in the Collective Bazgaining Agreement betcveen the City
and the Saint Paul Fue Supervisory Association. The new contract is for the period of January 1,
2000 through December 31, 2001.
Wages:
2000: .i.l%
2001: 2.95%
Health Insurance:
2000: Single $276.65 per month
Family $417.13 per month
2001: Single $276.65 per month
Family $417.13 per month, plus an amount equal to the 2001 single health insurance
premiuxn increase up to foriy dollazs ($40) per month, if the 2001 single health insurance
premium increase is over forty dollars ($40), the Employer will contribute 50% of the amount
over foriy dollazs ($40).
The single contribution is frozen for 2000 and 2001.
Tour of Duty Holiday
The members of this bazgaining unit that were excluded from the additional Tour of Duty
Holiday in the last contract have been included in this contract.
Costs:
2000 2001
Wages $34,770.71 $33,088.25
Health Insurance $2,645.28 $5,760.00
Tour of Duty Holiday $1,121.64 $ 0.00
Total: $ $38,537.63 $38,848.25
Language Changes (summary)
The contract includes other changes to contract language which aze housekeeping in nature.
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2000 - 2001
_ . � ; AGI2EEA'IEN'i' _ � � � �
'"- - be#�vee�
-� . _ � -_ '��E CITY OF�- SAIN'F. PA�JL� _ �
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;'T�IE_ SAINT PAi7L :FIRE SUPER�ISQRY ASSOCIATtON ' ' `
�' ° - - � _ - � -
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ARTICLE TITLE PAGE
1 Pucpose ..........................................................1
2 Definitions .......................................................i
3 Recognition ......................................................2
4 Security .........................................................3
5 Employer Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
6 Grievance Procedwe ...............................................3
7 Savings Clause ....................................................6
8 Uniform Allowance ................................................6
9 LegalServices ....................................................7
10 Seniority .........................................................7
11 Ca1lBack ........................................................7
12 Insurance ........................................................8
13 Vacation ........................................................11
14 Holidays ........................................................12
• 15 Sick Leave and PazentalLeave ......................................13
16 Severance Pay ...................................................13
17 Wages ..........................................................15
18 Volunteerism and/or Outside Employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
t9 Incapacitation ....................................................16
20 Drug and AlcoholTesting ..........................................17
21 Overtime .......................................................20
22 Discipline .......................................................20
23 Position Openings ................................................21
24 Ciry Mileage .....................................................21
25 Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
AppendixA .............................................. AI
Appendix B .............................................. Bl
� i
ARTICLEI-PURPOSE
u
1.1 The Employer and the Saint Paul Fue Supervisory Association {SPFSA} agree that the
purpose of entering into this Agreement is to:
l.l.l Achieve orderly and peaceful relations,thereby establishing a system of
uninterrupted operations and the highest level of performance that is consistent
with the weli being of all concemed.
I.1.2 Establish the fuil and complete understanding of the parties concerning the terms
and conditions of this Agreement.
1.1.3 Establish procedures to orderly and peacefully resolve disputes as to the
application of interpretation of this Agreement.
1.1.4 Place in written form the parties' agreement upon terms and conditions of
employment for the duration of this Agreement.
ARTICLE 2 - DEFINITIONS
2.1
2.2
• 23
2.4
2.5
2.6
2.7
�
Association: Saint Paul Fire Supervisory Association (SPFSA)
Employer: The City of Saint Paul
Association Member: A member of Saint Faul Fire Supervisory Association (SPFSA).
Employee: A member of the exclusively recognized bargaining unit as certified by the
State Bureau of Mediation Services in Case No. 78-PR-1056-A dated August 1, 1978.
Vacancy: As determined by the deparhnent head, a funded position opening in a class
specified in Article 3.2.
Position: Any specific office, employment or job in the Fire Department in a class
specified in Article 3.2.
Tour of Duty:
A. For a fifry-six (56) hour work week employee: The performance of job duties and
acceptance of the responsibiliries of a position for a consecu6ve and uninterrupted
twenty-four (24) hour period from 8:00 am. on a calendar day to 8:00 a.m. on the
following calendar day.
B. For a forry (40) hour work week employee: The performance of job duties and
acceptance of the responsibilities of a position for a consecutive and uninterrupted
eight (8) hour period within a calendaz day.
1
ARTICLE 2 - DEFI1vITIONS (Continued)
C. Notwithstanding B above, employees assigned to a forty (40) hour work week
may, fhrough mutuat agreement with the EmpIoyer, work schedules other tfian �
schedules lunited by B above. Overtime compensation for employees working
under such agreements shall be subject to the provisions as set forth by the Fair
Labor Srandards Act.
2.8 Depamnent: The fire department of the City of Saint Paui as established and amended
from time to time pursuant to Section 9.01 of the City Charter.
2.9 Overtime: Work performed by an Emp2oyee in excess of ttie Employee's tour of duty by
order of the Employer.
2.10 Overtime Pay: For employees assigned to a fifty-six (56) hour work week, overtime pay,
for the purpose of Article 21, will be based on a fifty-suc (56) hour work week. For
employees assigned to a forty (40) hour work week, overtime pay, for the purpose of
Article 21, will be based on a forry (40) hour work week.
ARTICLE 3 - RECOG1vITION
3.1 The Employer recognizes the SPFSA as the exclusive representative for the purpose of
meeting and negotiating the terms and conditions of employment for supervisory Fire
Department personnel.
3.2 Job classes which aze within the bazgaining unit and covered by t}us Agreement are as �
folIows:
Assistant Fire Marshal
Chief Fire Investigator
Deputy F'ue Chief
District Fire Chief
Fire Communications Chief
Fire Dispatch Supervisor
Emergency Paramedical Services Chief
Emergency Preparedness Coordinator
Fire Mazshal
Fire Training Officer
33 In the event the Employer and the AssociaUon aze unable to agree as to the inclusion or
exclusion of a new or modified job position, the issue shatt be submitted to the Bureau of
Mediation Services for determination.
•
2
ARTICLE 4 - SECURITY
4.1 The Emp]oyer shall deduct from the wages of Employees who authorize such a deduction
in writing an amount necessary to cover monthly Association dues and assessments.
• Such monies shail be remitted as directed by the Association.
4.2 The Association may designate Employees from the bargaining unit to act as stewazds
and shall inform the Employer in writing of such choice.
4.3 The Association agrees to indemnify and hold the Employer hazmless 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 article.
ARTICLE 5 - EMPLOYER AUTHORITY
5.1 The SPFSA recognizes the prerogatives of the Employer to operate and manage its affairs
in all respects in accordance with applicable laws and regulations of appropriate
authorities. The prerogatives and authority which the Employer has not officially
abridged, delegated or modified by this Agreement are retained by the Employer.
5.2 A public employer is not required to meet and negotiate on matters of inherent
managerial policy, which include but aze not limited to, such areas of discretion of policy
as the functions and programs of the employer, its overall budget, utilization of
technology, and organizational strucnue and selection and direction and number of
• personnei.
ARTICLE 6 - GRIEVANCE PROCEDURE
6.1 DEFINITION OF GRIEVANCE: A grievance is defined as a dispute or disagreement
as to the interpretation or application of the specific terms and conditions of the
Agreement.
6.2 SPFSA REPRESENTATIVES: The Employer will recognize representatives
designated by the SPFSA as the grievance representatives of the bargaining unit having
the duties and responsibilities established by this Article. The SPFSA shali notify the
Employer in writing of the names of such SPFSA representatives and of their successors
when so designated.
6.3 PROCESSING OF GRIEVANCE: It is recognized and accepted by the SPFSA and the
Employer that the processing of grievances as hereinafter provided is litnited by the job
duties and responsibilities of the Employee and shall thetefore be accomglished during
normal working hours only when consistent with such Employee duties and
responsibilities. The aggrieved Employee and the SPFSA shall be allowed a reasonable
amount of time without loss in pay when a grievance is investigated and presented to the
• Bmployer during normal working hours provided the Empioyee and the SPFSA
representatives have notified and received the approval of the desigpated supervisor who
3
ARTICLE 6 - GRIEVANCE PROCEDURE (Continued)
has deternuned that such absence is reasonabte and would not be detrimental to the work
program of the Employer.
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6.4 PROCEDURE: Grievances, as defined by Section 5.1 shall be resolved in wnformance
with the following procedure:
Sten 1 An Employee claiming a violation concerning the interpretation or application of
the Contract shall within twenty-one (21) calendar days afier snck alleged
violation has occurred present such grievance to the Employee's supervisor as
designated by the Employer. The Employer designated representative will discuss
and give an answer to such Step i grievance within ten (10) calendar days after
receipt. A grievance not resolved in Step I and appeaIed in Step 2 shalI be placed
in writing setting forth the nature of the grievance, ihe facts on which it is baseQ,
the provision or provisions of the Contract allegedly violated, the remedy
requested, and shall be appealed to Step 2 within ten (10) calendaz days after the
Employer-designated representative's fmal answer in Step 1. Any grievance not
appealed in writing to Step 2 by the SPFSA within ten (10) calendar days shall be
considered waived.
Sten 2 If appealed, the written grievance shall be presented by the SPFSA, and discussed
with the Employer-designated Step 2 representative. The Empioyer-designated
representative shall give the SPFSA 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 witiun-ten (101 calendar_days •
following ihe Employer-designated representative's Step 2 answer. Any grievance
not appealed in writing to Step 3 by SPFSA within ten (10} calendaz days shall be
considered waived.
Ste If appealed, the written grievance shaiI be presented by the SPFSA to, and
discussed with the Emptoyer-designated Step 3 representative. Tha
Employer-designated representative shall give the SPFSA 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 by the SPFSA to Step 4 within
ten (10) calendaz days following the Employer-designated representative`s final
answer in Step 3. Any grievance not appealed in writing to Step 4 by the SPFSA
wiihin ten (10) calendar days shall be considered waived.
Ontional Mediarion Steu
If the grievance has not been satisfactorily resolved ai Siep 3, either the Union or
the Employer may, within ten (10) calendar days, request mediation. If the parties
agree that the grievance is suitable for mediation, the parties shatl submit a joint
request to the Minnesota Bureau of Mediation Services for the assignment of a
mediator. Crrievance mediation shall be completed within thirty (30) days of the
assignment unless the pazties mutually agree to lengthen the time iimit. •
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ARTICLE 6 - GRIEVANCE PROCEDURE (Continued)
2. Grievance mediation is an optional and voluntary part of the gievance resolution
• process. It is a supplement to, not a substitute for, grievance arbitration. When
grievance mediation is invoked, the conttactual time limit for moving the
grievance to azbitration shall be delayed for the period of inediation.
3. The grievance mediation process shall be informal. Rules of evidence shall not
apply, and no record shall be made of the proceeding. Both sides shall be
provided ampie opportunity to present the evidence and azgument to support their
case. The mediator may meet with the parties in joint session or in separate
caucuses.
4. At the request of both paities, the mediator may issue an oral recommendation for
settlement. Either party may request that the mediator assess how an arbitrator
might rule in this case.
5. The grievant shall be present at the grievance mediation proceeding. If the
grievance is resolved, the gievant shall sign a statement agreeing to accept the
outcome. Unless the parties agree otherwise, the outcome shall not be
precedential.
6. If the grievance is not resolved and is subsequently moved to azbitration, such
proceeding shall be de novo. Nothing said or done by the parties or the mediator
during grievance mediation with respect to theu positions conceming resolution
• or offers of settlement may be used or referred to during azbitration
St 4 A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to
arbitration subject to the provisions of the Public Employment Labor Relations
Act of 1971. The selection of azbitrator shall be made in accordance with the
"Rules Governing the Arbitration of Grievances" as established by the Public
Employment Relations Boazd.
6.5 ARBITRATOR'S AUTHORITY: The arbitrator shall have no right to amend, modify,
nuilify, ignore, add to, or subtract from the terms and condifions of the Agreement. The
arbitrator shall consider and decide only the specific issue(s) submitted in writing by the
Employer and the SPFSA, and shall have no authority to make a decision on any other
issue not so submitted.
6.6 The azbitrator 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 azbitrator's decision shall be submitted in writing within
thirry (30) days following the close of the hearing or the submission of briefs by the
parties, whichever is later, unless the parties agree to an e�ctension. The decision shall be
based solely on the azbitrator's interpretation or application of the eacpress terms of this
Agreement and to the facts of the grievance presented.
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ARTICLE 6 - GRIEVANCE PROCEDURE (Continued)
6.7 The fees and expenses for the azbitrators' services and proceedings shall be borne equaIly
by the Employer and the SPFSA, provided that each party shall be responsible for .
compensating its own representatives and wimesses. 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 proceediags, the cost shall be
shazed equally.
6.8 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 neact step within the
specified time limit or any agreed extension thereof, it shall be considered settled on the
basis of the Employer's last answer. If the Employer does not answer a grievance or an
appeal thereof within the specified time limits, the SPFSA may elect to treat the
grievance as denied at that step and immediately appeal the grievance to the neat step.
The time lnnit on each step may be extended by mutual written agreement of the
employer and the SPFSA in each step.
6.9 RECORDS: All documents, cornmunications and records dealing with a grievance shall
be filed separately from the personnel files of the involved emptoyee(s).
ARTICLE 7 - SAVINGS CLAUSE
7.1 This Agreement is subject to the laws of the United States, the State of Minnesota and the •
Ciry of Saint Paul. In the event any provision of this Agreement shall be held to be
contrary to law by a court of competent jurisdiction from whose final judgment or deeree
no appeal has been taken wittrin 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 parry.
ARTICLE 8 - ITNIFORM ALLOWANCE
8.1 The 1972 base of One Hundred Twenty Dollazs ($120.00) as a clothing allowance on a
voucher system will be increased 7anuary 1, 1974, and each yeaz thereafter on the basis of
a yeazly study of the increased cost of the defined uniform. The 1972 base cost of the
uniform is stipulated and aitached as Appendix A.
8.2 It is further understood that employees covered by this Agreement shall. receive a clothing
allowance which is Thirty ($30.00) dotlars greater than that provided by Artic�e 8. t of
this Agreement.
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ARTICLE 9 - LEGAL 5ERVICES
9.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the
• Employer shalI defend, save hatmless and indemnify an Empioyee, and/or his/her estate,
against any claim or demand, whether groundless or othenvise, arising out of an alleged
act or omission occurring in the performance and scope of the Employee's duties.
9.2 Notwithstanding Article 9.1, the employer shall not be responsible for paying any legai
service fee or for providing any legal service arising from any legal action where the
employee is the Plaintiff.
ARTICLE 10 - SElVIORITY
10.1 Department Seniority: For the purposes of this Agreement seniority shall be defined as
the length of continuous and uninterrupted employment in the fire department.
10.2 Loss of Department Seniority: An Employee will lose acquired department seniority in
the following instances:
10.2.1 Resignation
10.2.2 Dischazge
10.2.3 Retirement
103 Work Force Reduction: In the event of a reduction in the department work force, such
• reduction shall occur in accordance with Section 22 of the Civil Service Rules as of the
date of the signing of this Agreement.
10.4 Reduction in Rank: Reduction in rank shall be in accordance with the Civil Service
Rules as of the date of the signing of this Agreement. (Except as indicated below)
10.4.1 Reduction in rank for periods up to but no more than 30 consecutive
calendaz days will be by platoon seniority.
10.4.2 Reduction in rank for more than 30 consecutive calendaz days shall be in
accordance with the Civil Service Rules as of the date of the signing of
this Agreement.
ARTICLE 11 - CALL BACK
11.1 Employees required by the Employer to report for work during off-duty time will be
compensated at the overtime rate in accordance with Article 2.10 of this Agreement. The
minimum payment under this Article will be four (4) times the Employee's hourly rate.
An eazly report of two (2) hours or less, or an extension of a normaily scheduled tow of
duty, shall not qualify an Employee for this m;n;mum payment.
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ARTICLE 12 - INSURANCE
12.1 The insurance plans, premiums for coverages, and benefits contained in the insurance -
plans offered by the Employer shall be solely controlled by the contracts negotiated by
the Employer and the benefit providers. The Employer will attempt to prevent any .
changes in the benefits offered by the benefit providers. However, the employees
selecting the offered plans agree to accept any changes in benefits which a specific
provider implements.
12.2 Eligibility for full-time benefits is defined as appearing on the payroll an average of at
least sixty-four (64) hours per biweekly pay period for the twelve (12) month period
preceding the annual open enrollment or special enrollments of the employment period
preceding initial eligibiTity.
123 Effective January 1,2000, the Employer will contribute $276.65 per month for health
insurance to eligible employees who select single coverage. Further the Employer will
contribute $418.78 per month to eligible employees who select family coverage.
12.4(1)Effective January, 2001, the Employer will contribute $276.65 per month for heatth
insurance to eligibie employees who select single coverage.
12.4(2)Effective for the January 2001 insurance coverage, the Employer will contribute $418.78
plus an amount equal to the 2001 single health insurance premium increase up to forry
($40) doilazs. If the 2001 single insurance premium increase is over forty ($40) dollazs,
the Empioyer will contribute 50% of the amount over forty ($40) dollazs.
12.5 Under the cafeteria plan full-time, eligible employees, must select at least single health •
insurance caverage and employee life insurance in an aznount of $10,000. It is
understood that these mandatory coverages may not be waived.
12.6 Any unused portion of the Employer's contribution for which an employee is eligible is
defined as unused benefit dollazs, not salary, and shall be paid to the employee as taYable
income. Such payment will be made during the month of December for the insurance
yeaz.
However, an employee whose spouse is also employed by the City of St. Paul and is
eligible to participate in the city's heatth insurance pian will not be required to select the
mandatory health insurance coverage as long as one of the spouses is participating in the
city's health insurance plan with fanrily coverage. The mandatory life insurance covenge
continues to apply. In this event, only the difference between the cost of the mandatory
life insurance and the employer contribution amount for single heatth insurance coverage
shall be eligible for payment as unused benefit dollars.
Effective January 1, 1999, the amount eligible for payment as unused benefit dollars shall
be the actual cost of the single health insurance premium, less the cost of the monthly life
insurance premium.
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3
ARTICLE 12 - INSURANCE (Continued)
12.8 Under the cafeteria plan, employees covered by tivs agreement will be eligible to
• participate in the Flexible Spending Accounts offered by the Employer. The service fee
chazged for employees participating in the Dependent Caze Account will be paid by the
Employer. The service fee for employees participating in the Medical Expense Account
will be paid by the employee. �
Survivor Insurance
12.9 In the event of the death of an active employee, the dependents of the employee shall
have the option, within thirty (30) days, to continue the current hospitalization and
medicai benefits, including such plan improvements as may be made from time to time,
which said dependents previously had, at the premium and Employer contribution
applicable to eligible eazly retirees. The date of death shall be considered to be the date
of retirement.
In the event of the death of an eazly retiree or a regulaz retiree, the dependents of the
retiree shall have the option, within thirry (30) days, to continue the current
hospitalization and medical benefits which said dependents previously had, at the
premium and Employer contribution accorded to the eligible deceased retiree.
In the event of the death of an empioyee killed in the line of duty, the Empioyer will
contribute 100% of the premium for either single or family health insurance coverage
• for eligible dependents. An eligible dependent who is not enrolled in the City's health
insurance program at the time of the employee's death will have an option to enroll at
the next annuai open enrollment period.
It is understood that such coverage shall cease in the event of:
12.9.1 The subsequent remarriage of the surviving spouse of the deceased employee or
re6ree.
12.9.2 The employment of the surviving spouse where hospital insurance coverage is
obtained through a group program provided by said Employer. However, it is
further understood that in said event, the surviving spouse shali have the right to
maintain City health insurance coverage for the first ninety (90) days of said
employment.
Retiree Insurance
12.10 Employees who retire must meet the following conditions in order to be eligible for
Employer contributions listed in Articles 12.11 through 12.14 below towazd a health
insurance plan offered by the Employer:
12.10.1 Be receiving benefits from a public employee retirement act covering
• employees of the City of Saint Paul at the time of retirement, and
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ARTICLE 12 - INStTRANCE (Continued)
t2.20.2
Have severed his/her reIationship with the City of Saint Paul under one of
the retiree plans, and
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12.10.4
Have completed at least 20 yeazs of service with the City of Saint Paul or
be receiving a disability pension from the City of Saint Paul, and
Have severed his/her relationship with the City of Saint Paul for reasons
other than an involuntary termination €or misconduct.
Early Retirees
12.11 This Article shall apply to employees who:
12.11.1 Retire on or after January 1, 1996, and
12.11.2 Were appointed on or before December 31,1995, and
12.113 Have not attained age 65 at retirement, and
12.11,4 Meet the terms set forth in Article 12.10 above, and
12.11.5 Select a health insurance plan offered by the Employer.
Until such retirees reach sixty-five (65) years of age, the Employer agrees to contribute a
maximum of �350.00 per month towazd the premium for single or family health insurance
coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree.
Whensuch eazl-y retiree attainsage-65, the_pzo`risions_of Article 12.13 shall apply. _
12.12 This Article shall apply to employees who:
12.12.1 Retiree on or after January 1, 1996, and
12.12.2 Were appointed on or after January 1, 1996, and
12.123 Have not attained age 65 at retirement, and
12.12.4 Meet the terms set forth in Article 12.10 above, and
12. t 2.5 Select a health insurance plan offered by the Employer.
Until such retirees reach sixty-five years (65) of age, the Employer agrees to contribute
a maximum of $300.00 per month toward the cost of single or family health insurance
coverage. Any unused portion of the Employer's contribution shall not be paid to the
retiree.
VJhen such eazly retiree attains age 65, the provisions of Article 12.14 shall apply.
Regular Retirees (Age 65 and over)
12.13 This Article shall apply to employees who:
12.13.1 Retire on or after January 1, 1996, and
12.13.2 Were appointed prior to Januazy 1, 1996, and
12.133 Have attained age 65 at retirement, and
12.13.4 Meet the terms set forth in Article 12.10 above, and
12.13.5 Select a health insurance plan offered by the Employer.
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ARTICLE 12 - INSURANCE (Conhnued)
The Employer agrees to contribute a maximum of $550.00 per month towazd the
. premium for single or family health insurance coverage offered to regulaz retirees and
their dependents. Any unused portion of the Employer's contribution shall not be paid to
the retiree.
12.14 This Article shall appiy to employees who:
12.14.1 Retire on or after 3anuary 1,1996, and
12.14.2 Were appointed on or after 7anuary 1,1996, and
12.143 Have attained age 65 at retirement, and
12.14.4 Meet the temvs set forth in Article 12.10 above, and
12.14.5 Select a health insurance plan offered by the Employer.
The Employer agrees to contribute a maximum of $300.00 per month toward the
premium for single or family health insurance coverage offered to regulaz retirees and
their dependents. Any unused portion of the Employer's contribution shall not be paid to
the retiree.
12.15 The contributions indicated in this Article 12 shall be paid to the Employer s third party
administrator or designated representative.
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ARTICLE 13 - VACATION
13.1 In each fiscal yeaz, each Full-time employee shall be granted vacation according to the
following schedule:
Years of service 56 hout Employees
1 st yeaz thru Sth yeaz 112.0 hours *
6th year thru 15th yeaz 168.0 hours **
16th yeaz thru 25th yeaz 235.0 hours ***
26th year and beyond 246.4 hours ****
* (2 x designated work week)
** (3 x designated work week)
*** (42 x designated work week)
****(4.4 x designated work week)
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40 hour Emplovees
112 hours (14 days) (.0539)
160 hours (20 days) (.0769)
200 hours (25 days) (.0462)
208 hours (26 days) (.1000)
13.2 The departrnent head may pemut Employees to cany over into the following fiscal yeaz,
vacauon time equivalent to three work weeks. Vacation schedules shall be fixed by the
department head. An Employee not working full-time shall be granted vacation on a
pro-rata basis.
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ARTICLE 13 - VACATIQN (Continued)
133 Employees segarated from employment by reason of resignation shall be granted such
vacation pay as has been eamed and remains unused at the time of separation, provided •
notification of resignation has been sent to the depaztment head, in writing, at least fifteen
(15) calendaz days prior to the date of resignation. Employees sepazated from
employment by reason of discharge, retirement, or death shall be granted such vacation
pay as has been earned and remains unused at the time of separation. Employees granted
more vacation time than eamed at the time of separation &om employment shall pay the
Employer for such uneazned vacation.
ARTICLE 14 - HOLIDAYS
14.1 In addition to what is provided in Saint Paul Ordinance No. 6446, add one additional
floating holiday which is to be added to the vacation schedule by increasing vacation by
.2 (two-tenths) times the number of hours designated as the work week.
14.2 Effective 1986 and in addition to 14.1 above, add one additional holiday (Martin Luther
King Day} to the vacafion schedule by increasing vacation by .2 (two-tentii) times tiie
number of hours designated as the work week.
14.3 In addition to what is provided in Section 14.1 and 142 above, and the St. Paul
Ordinance No. 6446, add one additional tour of duty holiday. In each yeaz of tYris
agreement, this tour of duty Holiday may, at the optiott of the employee: (1) Be added to .
the emptoyee's vacation schedule, or (2) the employee may choose to receive payment at
his regulaz rate of pay in lieu of taking time off on the addirional tour of duty Holiday
provided herein. If the Employer has not received and approved an employee's request
for his/her additional tour of day Holiday time off by November 15 of each catendar year,
such employee can only receive payment at the regulaz rate of pay and can no longer elect
to take time off for that calendaz yeaz. Such payment shall be made no later than the last
regular2y scheduled pay day of that calendar year
14.4 On January 1, 1999, all employees in the titles of Clrief Fire Investigator, Fire
Commnnications Chief, Fire Districi Chief and Fire Training Officer with a minimum of
15 years of service will be provided one additional tour of duty holiday. This holiday is
subject to the same conditions identified in Section 143.
14.5 Effective January 1, 2000, all employees in the bazgaining unit will be eligible for the
tour of duty holiday listed in 14.4.
14.6 For those employees assigned to a work week other than Monday through Friday, the
holiday shall be observed on the calendar date af the holiday.
14.7 Eligibility for Holiday Pay and Floating Holidays shall be in accordance with Section i
(one) Subsection I of the Sa[ary PIan and Rates of Compensation Resolution.
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ARTICLE IS - SICK LEAVE AND PARENTAL LEAVE
15.1 Sick leave shall be earned and granted in accordance with the Civil Service Rules.
� 15.2 In the case of a serious illness or disability of an employee's child, parent or household
member, the head of the depar�nent shall grant leave with pay in order for the empioyee
to caze for or make arrangements for the care of such sick or disabled persons. Such paid
leave shall be drawn from the employee's accumulated sick leave crediu. Use of such
sick leave shall be limited to the number of hours designated to be the employee's work
week per incident.
15.3 Any employee who has accumulated sick leave credits, as provided in the Civil Service
Rules, may be granted one day of sick leave to attend the funeral of the employee's
grandparent or grandchild.
15.4 If an employee has an accumulation of sick leave credits in excess of one hundred and
eighty days, he/she may convert any part of such excess to vacation at the rate of one-half
day's vacation for each day of sick leave credit. No employee may convert more than ten
(10) days of sick leave in each calendar yeaz under this provision.
15.5 Maternity.and Parental Leave. Pregnant employees of the City of Saint Paul shail be
eligible for the use of paid sick leave and unpaid leave of absence in the same manner as
any other disabied or ill City empioyee. Such paid sick leave eligibility shall begin upon
certification by the employee's attending physician that the employee is disabled in terms
• of her ability to perform the duties of her position.
A twelve (12) month Parental leave of absence without pay shall be granted to a natural
pazent or an adoptive parent, who requests such leave in conjunction with the birth or
adoption of a child. Such leave may be extended an additional twelve (12) months by
mutual agreement between the employee and the Employer. Refusal on the part of the
Empioyer to grant an extension of such leave shall not be subject to the provisions of
Article 6 of this Agreement.
Employees who retum foilowing such leaves of absence shall be placed in a position of
equivalent salary and tenure as the one held just prior to the beginning of their leave.
ARTICLE 16 - SEVERANCE PAY
16.1 Effective January 1, 1990, the employer shall provide a severance pay program as set
forth in this Article 16.
16.2 To be eligible for the severance pay program, an employee must meet the following
requirements:
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ARTICLE 16 - SEVERANCE PAY (Continued)
16.2.1 The employee must be voluntarily separated from City employment or have been
subject to separation by lay-off or compulsory retirement. Those employees who
aze discharged for cause, misconduct, inefficiency, incompetency, or any other
disciplinary reason aze not eligible for the City Severance pay program.
16.2.2 The employee must file a waiver of reemployment with the Human Resources
Director, which will clearly indicate that by requesting severance pay, the
employee waives all claims to reinstatement or reemployment (of any type), with
the City or with Independent Schooi District No. 625.
16.23 The employee must have.an accumulated balance of at least eighty (80) days of
sick leave credits at the time of his separation from service.
163 If an employee requests severance pay and if the employee meets the eligibility
requirements set forth above, he or she will be granted severance pay in an amount equal
to one-half of the daily rate of pay for the position held by the employee on the date of
separation for each day of accrued sick leave subject to a maximum as shown below
based on the number of years of service with the City.
Years of Service
with the Citv
At least 20
21
22
23
24
25
Maximum
Severance Pav
$ 5,000
fi
7,000
8,000
9,000
1fl,000
However, any employee sepazated from City employment on or after January 1, 1992
who has an accumulated balance of at least one thousand eight hundred fifty (1,850)
hours of sick teave credits and at least twenty-five (25) years of service at the time of
his/her sepazation from service shall be granted severance pay in the amount of thirry
thousand dollazs ($30,000).
Employee with twenty (20) or more years of service who is ruled disabled and is
receiving a disability pension and who has 1850 hours of accumulated sick leave
shait be altowed the maxiaxum severance benefit of $30,000.
The manner of payment of such severance pay shall be made in three consecutive annual
paymenYs of ten thousand dollars ($10,000) each. The annual payments shall be made in
February of each yeaz. The first payment shall be made during the month of February in
the year following the year in which the employee sepazates his/her employment.
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ARTICLE 16 - SEVERANCE PAY (Continued)
16.4 For ihe purpose of this severance prograzn, a death of an employee shall be considered as
• sepazation of employment, and if the employee would have met all of the requirements
set forth above at the time of his or her death, payment of the severance pay may be made
to the employee's estate or spouse.
16.5 For ihe purpose of ttris severance program, a transfer from the City of Saint Paul
employment to Independent School District No. 625 employment is not considered a
sepazation of employment, and such transferee shatl not be eligible for the City severance
program.
16.6 The manner of payment of such severance pay shall be made in accordance with the
provisions of City Ordinance No. 11490.
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16.7 The manner of payment of severance in amounts of ten thousand dollars ($10,000) or less
shall be made in accordance with the provisions of City Ordinance No. 11490.
ARTICLE 17 - WAGES
17.1 When the 1994 rates for Fire Captain Paramedic are determined, the steps in the 1994
salary range for District Fire Chief shall be adjusted to reflect a fifteen percent (15%)
differential above the coaesponding step in the 1994 salary range for Fire Captain
Paramedic. The 1994 Fire Captain Pazamedic rates on which the 15% differen6al is
based shall not include any amount that has been added to the Fire Captain Paramedic's
rate in lieu of an Empioyer's insurance contribution. This same process shali be repeated
to determine the final 1995 and 1996 rates for the title of District Fire Chief.
The biweekly rates for titles other than District Fire Chief covered by this Agreement
shall be adjusted each year to reflect the percent as shown below of the 1994, 1995 and
1996 rates applicable to the title District Fire Chief.
PERCENT of
DISTRICT FIRE CHIEF
TITLE
Fire Dispatch Supervisor
Assistant Fire Mazshal
Emergency Preparedness Coordinator
Fire Communications Chief
Fire Training Officer
Chief Fire Investigator
Deputy Fire Chief
Fire Mazshal
Emergency Paramedical Service Chief
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85.7%
913%
92.9%
100.0%
100.0%
100.0%
1083%
1483%
1083%
Such adjustments shall be effective on the first day of the first payroli period of the
respective yeaz.
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ARTICLE 17 - WAGES (Continued)
The wage schedule for the purpose of this Agreement shall be Appendix B attached hereto.
17.2 Any Fire Captain assigned as a pazamedic with 15 yeazs of service who is promoted to •
Fire District Chief shall begin at the 10 yeaz step effective January t, 1994.
17.3 The wage schedule for ihe purpose of this Agreement shall be Append'vt B attached
hereto.
ARTICLE 18 - VOLUNTEERISM AND/OR OUTSIDE EMPLOYMENT
As a condition of employment, any position represented by the union as covered in the
contract, will be prohibiYed from membership in any fire department other than the Saint
Paut Department of Fire and Safety Services. In addition, other outside employment
related to fire suppression must be approved by the fire chief.
ARTICLE 19 - INCAPACITATION
19.1 Employees injured during the course of employment and thereby rendered incapabie of
performing job duties and responsibilities shall receive full wages during the period of
incapacity, not be exceed the period equal to twelve (12) months plus accumulated sick
leave. It is understood xkiat in such cases,-the-twelve (12)-month_period_ shatl_first be_ __ •
utilized and only when same is eachausted shall accumulated sick leave be applicable.
19.2 Employees disabled through injury or sickness other than specified in SecUon 19.1 above
shall receive full wages for a period equat to accumulated sick leave, plus six (6) months
as provided herein. It is understood that in such cases, accumulated sick leave shall first
be utilized before the six (6) months, or any part thereof, shall be applicable. It is further
understood that the six (6) month period shall be available to members in this unit only in
those yeazs where the last available Annual Report of the City Civil Service Office shall
show average sick leave used per member of the Saint Paul Fire Department, (based on
the 1972 Annual Report method of calculating same�, of eight (8) days or less.
193 Employees injured or incapacitated by illness in the line of duty shall be entitled to
reinstatement at any time within five (5) yeazs from the date of injury or incapacity
provided they aze physically capable of res�*!g their job.
19.4 Except as specifically provided in this Azticle, all illness and incapacity rules and policies
previously in effect shall continue.
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ARTICLE 20 - DRUG AND ALCOHOL TESTING
20.1 Policy: The Fire Department recognizes illegal drug and alcohol usage as a threat to the
• public weifaze and the empioyees of the department. Thus, the Fire Department will take
the necessary steps, including drug aud alcohol testing, to eliminate illegal usage. It is
the goal of this policy to prevent and rehabilitate rather than ternunate the employment of
workers who aze abusing drugs or alcohol. No member of the Fire Department shall be
discharged for illegal drug or alcohol use without fust having been offered the
opportunity to discontinue use either through personal choice or by treatment for
chemical dependency, if such treatment is needed. The Union agrees, at the Empioyer`s
request, to re-open negotiations of this Arficle during the term of this Agreement.
20.2 Informing Employees About Drug and Alcohol Testing: All employees will be fully
informed of the Fire Department's drug testing policy before testing is administered.
Empioyees will be provided with information conceming the impact of the use of drugs
or alcohol on job performance. In addition, the employer shall inform the employees of
how the tests aze conducted, how weli the tests perform, when the tests will be conducted,
what the tests can deteimine, and the consequences of testing positive for drug or alcohol
use. All newly hired employees will be provided with this information on their initial
date of hire. No employee shall be tested until this information is provided to him.
203 Employee Testing: No employee will be tested for drug or alcohol abuse unless there
exists reasonable suspicion to believe that the employee to be tested is under the influence
of illegal drugs or alcohol. Random or mass testing is prohibited. No such testing may be
• conducted without the written approval of the officer in chazge of the uxait. The officer in
charge must document in writing who is to be tested and why the testing was ordered.
Failure to follow any of these procedures shall result in the elimination of the test results
as if no test had been administered. The test results sha11 be destroyed and no discipline
shall be levied against the employee.
20.4 Urine collection shail be conducted in a manner which results in a legaIly acceptable
sample as well as providing a high degree of security for the sample, freedom from
adulteration of the sample, the highest possible accuracy of the clinical results wlule at
the same time preserving the dignity of the employee. Administrative procedures shall be
such as to prevent the submission of &audulent tests. VJhen appropriate, biologic testing
of the samples may be included as part of such administrative procedures. Tn testing
which could result in empioyee discipiine, if the test result is positive, a split sample shall
be reserved for independent analysis which shall be performed at the request of the
affected employee. Upon request, an employee shall be entitled to the presence of a
union representative before testing is admuustered.
20.5 Testing Procedures: All samples shall be tested for Chemical Adulteration, Narcotics,
Cannabis, PCP, Cocaine, Amphetamines, Alcohol and Sedatives. T'he testing shali be
done by a Selected Laboratory and the following standazds shall be used:
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Drug Tesring Standards
Alcohol
Dru�Groug
Amphetamine
.02 concentrarion as shown by an analysis of urine
Drug or
metaboliYe detected
Amphetamine
Methamphetamine
Cocaine metabolites Benzoylecgonine
Marijuana metabotites delta-9-THC-4-COOH
Opiate metabolites
Phencyclidine
$azbiturates
Benzodiazepine
metabolites
Methadone
Methaqualone
Propoxyphene
Codeine
Total Morphine
PCP
Secobarbitai
Pentobarbitai
Phenobazbital
Butabazbital
Oxazepam
Methadone
Methaqualone
Propoxyphene
Norpropo�phene
300 ng/ml
300 ng/ml
GC/MS •
Coafirmation
500 ng/ml
500 ng/ml
I50 ng/ml
I S ng/mi
300 ng/ml
300 ng/ml
25 ng/ml
1,000 ng/ml
1,000 ng/m1
1,000 ng/mI
1,000 ng/ml
300 ng/ml
300 ng/ml
300 ng/ml
300 ng/ml
300 ng/ml
Any sample which has been adulterated or is shown to be a substance other tban urine
shall be reported as such. All samples which test positive on a screening test shall be
confirmed by gas chromatography-mass spectrophotometry, and no records of
unconfirmed positive tests shall be released or retained by tke laboratory.
Testing shall be conducted in a manner to insure that an employee's tegal drug use does
not effect the test results.
All results shall be evaluated by a suitably trained occupational physician or occupational
nurse prior to being reported,
Test resuits shall be treated with the same confidenciality as other employee medical
records. The test results shall not be reported outside fhe Fire Department.
Initial Test
levei ng/ml
i nglml
1,000 ng/ml
300 ng/ml
t5 ng/ml
300 ng/ml
300 ng/ml
25 ng/ml
300 ng/ml
1,000 ng/ml
3,000 ng/ml
1,000 ng/ml
300 ng/ml
300 ng/ml
300 ng/ml
•
•
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ARTICLE 20 - DRUG A1�D ALCOHOL TESTING {Continued}
20.6 Chemical Dependency Program: Each person whose urine tests positive for illicit
• drugs shall be medically evaluated, counseled and treated for rehabilitation, if required.
In addition, at any time an employee may voluntarily enter the chemical dependency
program without feaz of disciplinary actions against him.
This Program is designated to provide caze and treatment to employees who aze in need
of rehabilitation. Details concerning treatment any employee receives at this Program
shall remain confidential and shall not be released to the public. T'tie employee shall be
responsible for the cost of treaUnent.
No empioyee shall be relieved or transferred to other than his usual duties on the basis of
one test result although the employee may be re-evaluated for his duty assignment. When
undergoing treatment and evaluation employees shall receive the usual compensation and
fringe benefits provided at their assigned position.
20.7 Right of Appeal: Each employee has the right to challenge the results of drug or alcohol
testing in the same manner that he may grieve any managerial action.
20.8 Duty Assignment After Treatment: Once an employee successfully compietes
rehabilitation, he shall be returned to his regular duty assignment. Employee
reassignment during treatment shall be based on each individual's circumstances. If
follow-up caze is prescribed after h�eattnent, this may be a condition of employment.
• Once treatment and any follow-up care is completed, at the end of two years the records
of treatment and positive drug or alcohol test results shall be retired to a closed medical
record. The employee shall be given a fresh start with a clean administrative record.
20.9 Right of Union Participation: At any time, the Union, upon request, will have the right
to inspect and observe any aspect of the drug and alcohol testing program with the
exception of individual test results. The Union may inspect individual test results if the
release of this information is authorized by the employee involved.
20.10 Union Held Harmless: This drug and alcohol testing progtam is solely initiated at the
behest of the employer. The Fire Department shail be solely liable for any legal
obligations and costs arising out of the provisions and/or appiication of this collective
bazgaining agreement relating to drug or alcohol testing. The Union shall be held
hazmless for the violation of any worker rights arising from the administration of the drug
or alcohol testing program.
20.11 Conflict with Other Laws: This Article is in no way intended to supezsede or waive an
employee's federal or state constitutional rights.
•
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ARTICLE 21- OVERTIME
21.1 Employees required to work in excess of their assigned tour of duty will be compensated •
at the rate of one and one-half (1.5) times the employee's normal rate. Such
compensation shall be made in cash or in compensatory time at the option of the
Employer.
21.2 The purpose of this section is to effectively eliminate three (3} Fire District Chief
positions, i.e., those positions which have been traditionally known as the pool of Fire
District Chiefs.
Beginning December 31,1997 the employer may assign Fire Captains to perform the
duties of Fire District Chiefs only in accordance with subsections 2.1, 2.2, and 2.3
beIow.
21.2,1 All Fire Chiefs assigned and available for work on a shift aze working as Fire
Deputy or District Chief.
21.2.2 The Department may assign Captains as out-of-tit�e District Chiefs for any
scheduled absence (Scheduled absence, as used herein, is an absence that will be
known when a segment schedule is prepazed and distributed for the neact, i.e.,
immediately fol]owing segment) However, the out-of-ritle assignments will not
occur until Deputy and District Chiefs, as a gro¢p have scheduted or earned,
within the calendar year, $97,417 in overtime. This overtime will be eamed by
fill'mg Deputy and District Chief scheduled absences. •
2I.23 The Association will deternrine the method and be responsible for distributing
the scheduled overtime tours of duty among the Deputy and District Chiefs.
This wiil be done to the satisfaction of the employer that qualified personnel aze
filling the positions.
ARTICLE 22 - DTSCIPLINE
22.1 The Employer may discipline employees in any form listed below:
Oral Reprimand
Written Reprimand
Suspension
Demotion
The Employer will discipline employees for just cause only and in accordance with the
concept of progressive discipline.
Employees who aze disciplined pursuant Yo the terms of this Article may appeal ihe
Employer's discipiinary action through the grievance procedure set forth in Article 6 of •
this Agreement or to a Civil Service authority pursuant to the rules and procedures of
such authority.
20
ARTICLE 23 - POSITION OPE1vINGS
23.1 To expedite the filling of vacancies under the civil service procedures, the head of the
• departrnent or designated representative will:
Make requisition for certificarion of eligibles to fill a vacancy within fifteen (15)
days after determin;ng that a vacancy exists.
Withiu fifteen (15) days after the department head has met with the certified
eligibles, he/she will fill the vacancy.
If no eligible list is in effect when a vacancy occurs, the department head shall, within
fifteen (15) days, request the Human Resources Director to conduct an examination for
the purpose of establishing an eligible list.
Nothing in this Article 23 shail be construed to eliminate or lessen the Department Head's
right to determine the number of employees in any class title.
ARTICLE 24 - CITY MILEAGE
24.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paui
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
• foliowing provisions are adopted.
24.2 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 $4.00 per day for
each day the empioyee's vehicle is actually used in perfomung the duties of the
employee's position. In addition, the employee shall be reimbursed $.20 per mile for
each mile actually driven.
If such employee is required to drive an automobile during employment and the
Deparunent Head or designated representative determines that an employer vehicle is
available for the employee's use but the employee desires to use hislher own automobile,
then the employee shall be reimbursed at the rate of $.20 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 REGiJLARLY during
employment, the employee shall be reimbursed at the rate of $4.00 per day for each day
of work. In addition, the employee shali be reimbursed $.20 per mile for each arile
actually driven.
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ARTICLE 24 - CITY MILEAGE (Continued)
If such employee is required to drive an auiomobile dnring 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 reimbursed at the rate of $.20 per mile driven and
shall not be eligible for any per diem.
243 The City will provide pazking at the Civic Center Pazking 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 oniy for the
days the employee is required to have his or her own personat caz available.
24.4 Rules and Regularions: The Mayor shall adopt rules �d regulations goveming the
procedures for automobile reimbursement, which regutations and niles shall contain the
requirement that recipients shall fiie daily reports indicating miles driven and shall file
monthly affidavits stating the number of days worked and tfie 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,OQ0 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.
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22
ARTICLE 25 - DIIRATION OF AGREEMENT
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i
•
25.1 Except as herein provided, this Agreement shall be effective as of the date the Agreement
is executed by the parties, and shall continue in full force and effect through the 31 st day
of December, 2001, and thereafter until modified or amended by mutual agreement of the
parties. Either pariy desiring to amend or modify this Agreement shall notify the other in
writing so as to compiy with the provisions of the Minnesota Public Employment Labor
Relations Act of 1984.
25.2 The wage schedule altached hereto as Appendis "B" shall take force and effect at such
tnne as is specified in the administrative resolution recognizing and approving this
Agreement in accordance with Section 12.09 of the Saint Paul City Charter.
Signed this �day of February, 2000
CITY OF SAINT PAL3L
� I��.�.��
Terry`�ialtiner
Labor Relations Manager
SAINT PAUL FIRE SUPERVISORY
ASSOCIATION
�� ���
Aonato Bataglia,
President
23
�, , , iz:�
• Regulation "West Point" long sleeve police shirt
Regulation "West Point" short sleeve police shirt
Ranking Officer's white uniform shirt, long sleeve, West Point 7500C
Ranking Officer's white uniform shirt, short sleeve, West Point 7500C
Jersey type long sleeve sweat shirt, navy blue - Wilson 8632
3ersey type 3/4 sleeve sweat shirt, navy blue - Wiison 8632
Fechheimer Bros. navy blue trousers 32200
Fechheimer Bros. navy blue trousers 32250
Jacket - Light weight, waist style Fechheimer 32100
Fur coat - Energy 100FD - Sizes 48 - 50 add 10°/a - longs add 10%
Jacket - Califomia thermai chief - Horace Smali
Pazka - Navy - Butwin 111 SP
Regular sizes 34 - 46
Extra sizes 48, 50, 52, Long
• Liners for summer uniform fire fighter jacket - Fechheimer Bros.
32704
Sewing Costs: No cost when ordered with jacket, otherwise ..
Caps
Trooper Cap
Chiefs Navy-Stype Midwest-N.W.
8 pt. Midwest-N.W.
Belts - leather - black - 1.5 inch
Shoes
Wedge style oxford - Red Wing shoe #101
Slip on style oxford - FLOAT-AWAYS #J5347
Slip on style oxford - FLOAT-AWAYS #J5318
Lace style oxford - FLOAT-AWAYS Z5096
Slip on style o�ord Weinbrenner 1635
Slip on style oxford Weinbrenner 1435
Lace style oxford T5152 Mocc toe
Lace style oxford Weinbrenner 1225
Lace style oxford Weinbrenner 1250
Socks
Munsingweaz #40
Munsingweaz #415 - stretch style
• Ties - black, 4-in-hand, or snap-on style
A1
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APPENDIX B: BIWEEKLY RATES
Salary ranges applicable to titles covered by this Agreement shall be as shown below:
Effective 1/1/2000 Three and one/tenths percent increase
Effective 1/1/2001 Two and ninety-five hundredths percent increase
492A Chief Fire investigator
672 Fire Communicatio� Chief
150 Fire District Chief
697 Fire T2ining Officer
A B C D E F 10-1R 15-YR
(�l (Zl (3) (41 (� (6) (�l ($)
01/01/2000 $ 2,149.33 $ 2.255.48 $ 2,366.98 $ 2.461.48 $2,586.02 $2,689.78 $2,828.15 $ 2,897.37
01l01/2001 $ 2,212.74 $ 2,322.02 $ 2,436.81 $ 2,534.09 $2,662.31 $2.769.13 $2,911.58 $ 2.982.84
r �
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193A Deputy Fire Chief
179A Emergency Paremedical Services Chief
186 Fire Marshall
A B C D E F
(1) (2) (3) (4) (5) (6)
01/01/2000 $ 2,327.73 $ 2,442.67 $ 2,563.44 $ 2,665.75 $2,80D.64 $2,913.00
Otl01f2001 $ 2,396.40 $ 2,514.73 $ 2,639.06 $ 2,744.39 $2,88326 $2,998.93
10-YR 15-YR
�� �
$ 3.062.87 $ 3,137.85
$ 3,15322 $ 3.230.42
:
_ �i
'�� � � -
� �
� � � � � � � 2000 �- 2U01 _ _ - �
-, , AGREEMENT -
�.
� : � � - � � =-between - " � � ,
` � THE CITY OF SAINT FAUL-
.�� �,. -
� � � aniI�= � � � �
, <
>.
. . . _.
<_THE SAIN� PAITL FIRE SUPEI2VISO�2Y ASSOGIAT�O� ` ,
� �. � � � � - �
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INDEX
ARTICLE TITLE PAGE
1 PurQose ..........................................................1
2 Definitions .......................................................1
3 Recognition ......................................................2
4 Security .........................................................3
5 Employer Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
6 Grievance Procedure ...............................................3
7 Savings Clause ....................................................6
8 Uniform A1lowance ................................................6
9 LegalServices ....................................................7
10 Seniority .........................................................7
11 Ca1lBack ........................................................7
12 Insurance ........................................................8
13 Vacation ........................................................11
14 Holidays ........................................................12
• 15 Sick Leave and Parental Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
16 Severance Pay ...................................................13
17 Wages ..........................................................15
18 Volunteerism and/or Outside Employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
19 Incapacitation ....................................................16
20 Drug and AlcoholTesting ..........................................17
21 Overtime .......................................................20
22 Discipline .......................................................20
23 Position Openings ................................................21
24 City Mileage .....................................................21
ZS Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
AppendixA .............................................. A1
AppendixB .............................................. Bl
� i
ARTICLEI-PURPOSE
s
l.l The Employer and the Saint Paul Fire Supervisory Association {SPFSA) agree that the
purpose of entering into this Agreement is to:
i.l.i Achieve orderly and peaceful relations, thereby establishing a system of
uninterrupted operations and the highest level of performance that is consistent
with the weli being of all concemed.
1.1.2 Establish the full and complete understanding of the parties conceming the terms
and conditions of this Agreement.
1.13 Establish procedures to orderly and peacefully resolve disputes as to the
application of interpretation of this Agreement.
1.1.4 Place in written form the parties' agreement upon terms and conditions of
employment for the duration of this Agreement.
ARTICLE 2 - DEFINITIONS
2.1
2.2
• 23
2.4
2.5
2.6
2.7
Association: Saint Paul Fire Supervisory Association (SPFSA)
Empioyer: The City of Saint Paul
Association Member: A member of Saint Paul Fire Supervisory Association (SPFSA).
Employee: A member of the exciusively recognized bazgaining unit as certified by the
State Bureau of Mediation Services in Case No. 78-PR-1056-A dated August I, 1978.
Vacancy: As determined by the department head, a funded position opening in a class
specified in Article 3.2.
Position: Any specific o�ce, employment or job in the Fire Department in a class
specified in Article 3.2.
Tour of Duty:
A. For a fifty-six (56) hour work week employee: The performance of job duties and
acceptance of the responsibilities of a position for a consecutive and uninterrupted
twenty-four (24) hour period from 8:00 a.m. on a calendar day to 8:00 a.m. on the
foilowing calendar day.
B. For a forty (40) hour work week employee: The performance of job duties and
acceptance of the responsibilities of a position for a consecutive and uninterrupted
eight (8) hour period within a calendaz day.
C�
ARTICLE 2 - DEFIIVITIONS (Continued)
C. Notwithstanding B above, employees assigned to a forry (40) hour work week '
may, through mutual agreement with the Employer, work schedules other than �
schedules limited by B above. Overtime compeasafion for employees working
under such agreements shall be subject to the provisions as set forth by the Fair
Labor Standards Act.
2.8 Department: The fire department of the City of Saint Paul as established and amended
from time to time pursuant to Section 4.01 of the City Charter.
2.9 Overtime: Work performed by an Employee in excess of the Employee's tour of duty by
order of the Employer.
2.10 Overtime Pay: For employees assigned to a fifty-six (56) hour work week, overtime pay,
for the purpose of Article 21, will be based on a fifty-six (5� hour work week. For
employees assigned to a forty (40) hour work week, overtime pay, for ihe purpose of
Article 21, will be based on a forty (40) how work week.
ARTICLE 3 - RECOGNITION
3. I The Employer recognizes the SPFSA as the exclusive representative for the purpose of
meeting and negotiating the terms and conditions of employment for supervisory Fire
Depaztment personnel.
3.2 Job classes which are within the bazgaining unit and covered by this Agreement aze as •
foliows:
AssisTant Fire Marshal
Chief Fire Investigator
Deputy Fire Chief
District Fire Chief
Fire Communications Chief
Fire Dispatch Supervisor
Emergency Paramedical Services Chief
Emergency Prepazedness Coordinator
Fire Marshal
Fire Training Officer
33 In the event the Employer and the Association are unable to agree as to the inclusion or
exclasion of a new or modified job position, the issue shall be subnvtted to the Bureau of
Mediation Services for determination.
•
2
ARTICLE 4 - SECURITY
' 4.1 The Emp]oyer shall deduct from the wages of Employees who authorize such a deduction
• in writing an amount necessary to cover monthly Association dues and assessments.
Such monies shall be remitted as directed by the Association.
4.2 The Association may designate Employees from the bazgaining unit to act as stewards
and shall inform the Employer in writing of such choice.
43 The Association agrees to indemnify and hold the Employer harmless against any and all
claims, suiu, 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 article.
ARTICLE 5 - EMPLOYER AUTAORITY
5.1 The SPFSA recognizes the prerogatives of the Employer to operate and manage its affairs
in all respects in accordance with applicable laws and regulations of appropriate
authorities. The prerogatives and authority which the Employer has not officially
abridged, delegated or modified by this Agreement are retained by the Employer.
5.2 A public employer is not required to meet and negotiate on matters of inherent
managerial policy, which include but aze not limited to, such azeas of discretion of policy
as the functions and programs of the employer, its overall budget, utilization of
technology, and organizational structure and selection and direction and number of
• personnel.
ARTICLE 6 - GRIEVANCE PROCEDURE
6.1 DEFINITION OF GRIEVANCE: A grievance is defined as a dispute or disagreement
as to the interpretation or application of the specific terms and conditions of the
Agreement.
6.2 SPFSA REPRESENTATIVES: The Employer will recognize representarives
designated by the SPFSA as the grievance representatives of the bazgaining unit having
the duties and responsibilities established by this Article. The SPFSA shall notify the
Empioyer in writing of the names of such SPFSA representatives and of their successors
when so designated.
63 PROCESSING OF GRIEVANCE: It is recognized and accepted by the SPFSA and the
Employer that the processing of grievances as hereinafter provided is limited by the job
duties and responsibiliries of the Employee and shall therefore be accomplished during
normal working hours only when consistent with such Empioyee duties and
responsibilities. The aggrieved Employee and the SPFSA shall be allowed a reasonable
amount of time without loss in pay when a grievance is investigated and presented to the
• Employer during normal working hours provided the Employee and the SPFSA
representatives have notified and received the approval of the designated supervisor who
K7
ARTICLE 6 - GRIEVANCE PROCEDURE (Continued)
has detemuned that such absence is reasonable and wouid not be detrimental to the work
program of the Employer. •
6.4 PROCEDURE: Grievances, as defined by Secrion 5.1 shall be resolved in conformance
with the following procedure:
Sten 1 An Employee claiming a violation concerning the interpretation or application of
the Contract shali within iwenty-one (21) calendar days after such alleged
violadon has occurred present such grievance to the Employee's supervisor as
designated by the Employer. The Employer designated representative will discuss
and give an answer to such Step 1 grievance within ten (10) calendaz days after
receipt. A gievance not resolved in Step 1 and appealed in Step 2 shatl be piaced
in writing setting forth the nature of the grievance, the facts on which it is based,
the provision or provisions of the Contract allegedly violated, the remedy
requested, and shali be appealed to Step 2 within ten (10) calendaz days after the
Employer-designated representative's final answer in Step 1. Any grievance not
appealed in writing to Step 2 by the SPFSA within ten (10) calendar days shall be
considered waived.
Sten 2 If appealed, the written grievance shall be presented by the SPfiSA, and discussed
with the Employer-designated Step 2 representative. The Employer-designated
representative shall give the SPFSA the Employer's Step 2 answer in writing
within ten (10) calendaz days after receipt of such Step 2 grievance. A grievance
not resolved in Step 2 may be appealed to Step 3 within ten (10) aalendar days •
following the Employer-designated representative's Step 2 answer. Any grievance
not appealed in writing to Step 3 by SPFSA within ten (10) calendar days shail be
considered waived.
Steu 3 If appealed, the written grievance shall be presented by the SPFSA to, and
discussed with the Employer-designated Step 3 representative. The
Employer-designated representative shali give the SPFSA the Employer's artswer
in writing within ten (10) calendar days after receipt of such Step 3 grievance. A
grievance not resolved in Step 3 may be appealed by the SPFSA to Step 4 within
ten (10) calendar days following the Employer-designated representative's final
aztswer in Step 3. Any grievance not appealed in writing to Step 4 by the SPFSA
within ten (10) calendaz days shall be considered waived.
Ontional NFediation Sten
If the grievance has not been satisfactorily resolved at Step 3, either the Union or
the Employer may, within ten (10) calendar days, request mediation. If the parties
agree that the grievance is suitable for mediation, the parties shall submit a joint
request to the Minnesota Bureau of Mediation Services for the assignment of a
mediator. Grievance mediation shall be completed within thirty (30) days of the •
assignment unless the parties mutually agree to lengthen the titme limit.
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ARTICLE 6 - GRIEVANCE PROCEDURE (Continued)
2. Grievance mediation is an optional and voluntary part of the grievance resolution
• process. It is a supplement to, not a substitute for, grievance arbitration. When
grievance mediation is invoked, the contractual time limit for moving the
grievance to azbitration shall be delayed for the period of inediation.
3. The grievance mediation process shall be informal. Rules of evidence shall not
apply, and no record shall be made of the proceeding. Both sides shail be
provided ampie opportunity to present the evidence and argument to support their
case. The mediator may meet with the parties in joint session or in sepazate
caucuses.
4. At the request of both paities, the mediator may issue an oral recommendation for
settlement. Either party may request that the mediator assess how an azbitrator
might rule in tivs case.
5. The grievant shall be present at the grievance mediation proceeding. If the
grievance is resolved, the grievant shall sign a statement agreeing to accept the
outcome. Unless the parties agree otherwise, the outcome shall not be
precedential.
6. If the grievance is not resalved and is subsequently moved to arbitration, such
proceeding shall be de novo. Nothing said or done by the parties or the mediator
• during grievance mediarion with respect to their positions concerning resolution
or offers of settlement may be used or referred to during azbitration
StCp 4 A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to
azbitration subject to the pzovisions of the Public Employment Labor Relations
Act of 1971. The selection of azbitrator shall be made in accordance with the
"Rules Goveming the Arbitration of Grievances" as established by the Public
Employment Relations Board.
6.5 ARBITRATOR'S AUTHORITY: The arbitrator shall have no right to amend, modify,
nullify, ignore, add to, or subtract from the terms and conditions of the Agreement. The
azbitrator shall consider and decide only the specific issue(s) submitted in writing by the
Employer and the SPFSA, and shall have no authority to make a decision on any other
issue not so submitted.
6.6 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 the close of the hearing or the submission of briefs by the
parties, whichever is later, unless the parties agree to an extension. The decision shall be
based solely on the arbitrator's interpretation or application of the express terms of this
Agreement and to the facts of the grievance presented.
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5
ARTICLE 6 - GRIEVANCE PROCEDURE (Contiaued)
6.7 The fees and eacpenses for the arbitrators' services and proceedings shall be borne equally
by the Employer and the SPFSA, provided that eacfi party shall be responsible for .
compensating its own representatives and witnesses. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made, providing it pays for the
record. If both parties desire a verbatim record of the proceedings, the cost shall be
shared equally.
6.8 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 neat step within the
specified time 1'unit or any agreed eactension thereof, it shall be considered settled on the
basis of the Employer's last answer. If the Employer does not answer a grievance or an
appeal thereof within the specified time limits, the SPFSA may elect to treat the
grievance as denied at that step and immediately appeal the grievance to the next step.
The time limit on each step may be ea�tended by mutuat written agreement of the
employer and the SPFSA in each step.
6.9 RECORDS: All documents, communicarions and records dealing with a grievance shall
be filed sepazately from the personnel files of the involved employee(s).
ARTICLE 7 - SAVING5 CLAUSE
— -- •
- - - -
7.1 This Agreement is subject to the laws of the United States, the State of Minnesota and the
City of Saint Paul. In the event any provision of this Agreement shall be held to be
contrary to law by a court of competent jurisdiction from whose final judgment or decree
no appeal has been taken within the time provided, such provisions 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.
ARTICLE 8 - UNIFORM ALLOWANCE
8.1 The 1972 base of One Hundred Twenty Dollars ($120.00) as a clothing allowance on a
voucher system will be increased 7anuary 1,1974, and each year thereafter on the basis of
a yeazly study of the increased cost of the defined uniform. The 1972 base cost of the
uniform is stipulated and attached as Appendix A.
8.2 It is further understood that employees covered by this Agreement shall receive a clothing
allowance which is Thirty ($3Q.00) dollazs greater than that provided by Article 8.1 of
this Agreement.
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ARTICLE 9 - LEGAL SERVICES
9.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the
. Employer shall defend, save hamiless and indemnify an Employee, and/ar his/her estate,
against any ciaim or demand, whether groundiess or otherwise, arising out of an alleged
act or omission occurring in the performance and scope of the Employee's duties.
9.2 Notwithstanding Article 9.1, the employer shall not be responsible for paying any legal
service fee or for providing any legal service arising from any legal action where the
employee is the Plaintiff:
ARTICLE 10 - SENIORITY
10.1 Department Seniority: For the purposes of this Agreement seniority shall be defined as
the length of continuous and uninterrupted employment in the fire department.
10.2 Loss of Department Seniority: An Employee will lose acquired department seniority in
the following instances:
10.2.1 Resignation
10.2.2 Dischazge
10.23 Retirement
103 Work Force Reduction: In the event of a reduction in the department work force, such
• reduction shall occur in accordance with Section 22 of the Civil Service Rules as of the
date of the signing of this Agreement.
10.4 Reduction in Rank: Reduction in rank shall be in accordance with the Civil Service
Rules as of the date of the signing of this Agreement. (Except as indicated below)
10.4.1 Reduction in rank for periods up to but no more than 30 consecutive
calendar days will be by platoon seniority.
10.4.2 Reduction in rank for more than 30 cansecutive calendaz days shall be in
accordance with the Civii Service Rules as of the date of the signing of
this Agreement.
ARTICLE 11- CALL BACK
11.1 Employees required by the Employer to report for work during off-duty time will be
compensated at the overtime rate in accordance with Article 2.10 of this Agreement. The
minimum payment under this Article will be four (4) times the Employee's hourly rate.
An eaziy report of two (2) hours or less, or an extension of a nozmally scheduled tour of
duty, shall not qualify an Employee for this minimum payment.
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ARTICLE 12 - INSURANCE
12. I The insurance pIans, premiums for coverages, and benefits contained in the insurance
plans offered by the Employer shall be solely controlled by the contracts negoriated by
the Employer and the benefit providers. The Employer will attempt to prevent any •
changes in the benefits offered by the benefit providers. However, the empIoyees
selecting the offered plans agree to accept any changes in benefits which a specific
provider unplements.
122 Eligibility for full-time benefits is defined as appearing on the payroll an average of at
least sixty-four (64) hours per biweekly pay period for the twelve (12) month period
preceding the annvat open enroltment or special enrotlmenu of the employment period
preceding initial eligibility.
123 Effective January 1,2�OQ, the Empioyer wilt contribute $276.65 per month for health
insurance to eligible employees who select single coverage. Further the Employer will
contribute $418.78 per month to eligible empioyees who select family coverage.
12.4(1)Effective January, 2001, the Employer will contribute $276.65 per month for health
insurance to eligibie employees who select single coverage.
12.4(2)Effective for the January 2001 insurance coverage, the Employer will contribute $418.78
plus an amount equai to the 2001 single health insurance premium increase up to forry
($40) dollazs. If the 2001 single insurance premium increase is over forty ($40) dollazs,
the Employer will contribute 50% of the amount over forty ($40) dollazs.
12.5 Under the cafeteria plan full-time, eligible employees, must select at least singie health .
insurance coverage and employee life insurance in an amount of $10,000. It is
understood that these mandatory coverages may not be waived.
12.6 Any unused portion of the Employer's con�ibution for which an employee is eligible is
defined as unused benefit dolIazs, not salary, and shall be paid to the employee as taYable
income. Such payment will be made during the month of December for the insurance
yeaz.
However, an employee whose spouse is also employed by the City of St. Paul and is
eligible to participate in the city's health insurance plan will not be required to select the
mandatory health insurance coverage as long as one of the spouses is participating in the
city's health insurance plan with fanuly coverage. The mandatory life insurance coverage
continues to apply. In tYris event, only the difference between the cost of the mandatory
life insurance and the employer contribution amount for single health insurance coverage
shall be eligible for payment as unused benefit dollazs.
Effective January 1, 1999, the amount eligible for payment as unused benefit dollars shall
be the actual cost of the single health insurance premium, less the cost of the monthly life
insurance premium.
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3
ARTICLE 12 - INSURANCE (Continued)
12.8 Under the cafeteria plan, employees covered by this agreement will be eligible to
� participate in the Fle�ble Spending Accounts offered by the Employer. The service fee
charged for employees participating in the Dependent Care Account will be paid by the
Employer. The service fee for employees participating in the Medical Expense Account
will be paid by the employee. �
Survivor Insurance
129 In the event of the death of an active employee, the dependents of the employee shail
have the oprion, within thirty (30) days, to continue the current hospitalization and
medical benefits, including such plan improvements as may be made from time to time,
which said dependents previously had, at the preauum and Employer contribution
applicable to eligible eazly retirees. The date of death shall be considered to be the date
of retirement.
In the event of the death of an eariy retiree or a regulaz retiree, the dependents of the
retiree shall have the option, within thirty (30) days, to continue the current
hospitalization and medical benefits which said dependents previously had, at the
premium and Employer contribution accorded to the eligible deceased retiree.
In the event of the death of an employee killed in the line of duty, the Employer wiil
contribute 100% of the premium for either singie or fatnily health insurance coverage
� for eligible dependents. An eligible dependent who is not enrolled in the City's heaith
insurance program at the time of the employee's death will have an option to enroll at
the next annual open enrollment period.
It is understood that such coverage shall cease in the event of:
12.9.1 The subsequent remarriage of the surviving spouse of the deceased empioyee or
retiree.
12.9.2 The employment of the surviving spouse where hospital insurance coverage is
obtained through a group program provided by said Employer. However, it is
further understood that in said event, the surviving spouse shall have the right to
maintain City health insurance coverage for the first ninety (90) days of said
employment.
Retiree Insurance
12.10 Employees who retire must meet the following conditions in order to be eligible for
Employer contributions listed in Articles 12.11 through 12.14 below toward a health
insurance plan offered by the Employer:
12.10.1 Be receiving benefits from a public employee retirement act covering
• employees of the City of Saint Paul at the time of retirement, and
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ARTICLE 12 - INSURANCE (Continued)
12.10.2
Have severed his/her relationship with the City of Saint Paul under one of
the retiree plans,and
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12.10.3
12.10.4
Have completed at least 20 years of service with the City of Saint Paul or
be receiving a disability pension from the City of Saint Paul, and
Have severed 3rislher relationship with the City of Saint Paul for reasons
other than an involuntary temunation for misconduct.
Early Retirees
12.11 This Article shall apply to employees who:
12.11.1
12.11.2
12.113
12.11.4
12.11.5
Retire on or after January 1, 1996, and
Were appointed on or before December 31, 1495, and
Have not attained age 65 at retirement, and
Meet the terms set forth in Article 12.10 above, and
Select a health insurance plan ofFered by the Employer.
Until such retirees reach sia�ty-five (65) years of age, the Employer agrees to contribute a
maximum of $350.00 per month towazd the premium for single or family health insurance
coverage. Any unused portion of tfie Employer's contribution shaII not be paid to the retiree.
When such eazly retiree attains age 65, the provisions of Article 12.13 shatl apply.
12.12 This Article shall apply to empioyees who:
12.12.1 Retiree on or after January 1, 1996, and
12.12.2 Were appointed on or after January 1, 1996, and
12.123 Aave not attained age 65 at retirement, and
12.12.4 Meet the terms set forth in Articie I2.10 above, and
12.12.5 5elect a health insurance plan offered by the Emgloyer.
ilntil such retirees reach sixry-five years (65) of age, the Employer agrees to contribute
a maximum of $300.00 per month towazd the cost of single or family health insurance
coverage. Any unused portion of the Employer's conhibution shall not be paid to the
retiree.
When such eazly retiree attains age 65, the provisions of Article 12.14 shatl apply.
Regular Retirees (Age 65 and over)
12.13 This Article shall apply to employees who:
12.13.1 Retire on or after January 1, 1996, and
12.13.2 Were appointed prior to January 1, 1996, and
12.13.3 Have attained age 65 at retirement, and
12.13.4 Meet the terms set forth in Article 12.10 above, and
12.13.5 Select a health insurance plan offered by the Employer.
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ARTICLE 12 - IN5URANCE (Continued)
The Employer agrees to contribute a maximum of $550.00 per month toward the
• premium for single or family health insurance coverage offered to regulaz retirees and
theiz dependents. Any unused portion of the Employer's contriburion shai] not be paid to
the retiree.
12.14 This Article shall apply to employees wha:
12.14.1 Retire on or after January 1, 1996, and
12.14.2 Were appointed on or after January 1, 1996, and
12.143 Have attained age 65 at retirement, and
12.14.4 Meet the terms set forth in Article 12.10 above, and
12.14.5 Select a health insurance plan offered by the Employer.
The Employer agrees to contribute a maximum of $300.00 per month towazd the
premium for single or family health insurance coverage offered to regulaz retirees and
their dependents. Any unused portion of the Employer's contribution shall not be paid to
the retiree.
12.15 The contributions indicated in this Article 12 shall be paid to the Employer's third party
administrator or designated representative.
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ARTICLE 13 - VACATION
13.1 In each fiscal yeaz, each Full-time employee shall be granted vacation accord'ang to the
following schedule:
Years of service 56 hour Emplovees
1 st yeaz thru Sth year 112.0 hours *
6th yeaz thru 15th yeaz 168.0 hours **
16th yeaz thru 25th yeaz 235.0 hours "* *
26th year and beyond 246.4 hours ****
* (2 x designated work week)
** (3 x designated work week)
*** (4.2 x designated work week)
**"*(4.4 x designated work week)
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40 hour Emolovees
112 hours (14 days) (.0539)
160 hows (20 days) (.0769)
200 hours (25 days) (.0962)
208 hours (26 days) (.1000)
13.2 The department head may permit Employees to carry over into the foliowing fiscal year,
vacation time equivalent to three work weeks. Vacation schedules shall be fixed by the
department head. An Employee not working full-tune shall be granted vacation on a
pro-rata basis.
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ARTICLE 13 - VACATION (Continued)
13.3 Employees sepazated from employment by reason of resignation shall be granted such
vacation pay as has been eamed and remains unused at tfie fime of separation, provided •
notification of resignation has been sent to the department head, in writing, at least fi8een
(15) calendaz days prior to the date of resignation. Employees sepazated from
employment by reason of discharge, retirement, or death shall be granted such vacation
pay as has been eamed and remains unused at the time of sepazation. Employees granted
more vacation time than eamed at the time of separation from employment shall pay the
Employer for such uneamed vacation.
ARTICLE 14 - HOLIDAYS
14.1 In addition to what is provided in Saint Paut Ordinance No. 6446, add one additional
floating holiday which is to be added to the vacation schedule by increasing vacation by
.2 (two-tenths) times the number of hours designated as the work weak.
14.2 Effective 1986 and in addition to 14.1 above, add one additional holiday (Martin Luther
King Day) to the vacation schedule by increasing vacation by .2 (two-tenth) times the
number of hours designated as the work week.
143 In addition to what is provided in Section 14.1 and 14.2 above, and the St Paul
Ordinance No. 6446, add one additional tour of duty holiday. In each yeaz of this
agreement, tkis tour of duty Hokday may, at tlie option-of the emplogee: -(1) Be added to •
the employee's vacation sckeduie, or (2) the employee may choose to receive payment at
his regular rate of pay in lieu of taking time off on the additional tour of duty Holiday
provided herein. If the Employer has not received and approved an employee's request
for his/her additionat tour of day Holiday time off by November 15 of each calendar year,
such employee can only receive payment at the regulaz rate of pay and can no longer elect
to take time off for that calendar year. Such payment shall be made no later than the last
regularly scheduled pay day of that calendar year
14.4 On January 1, 1999, all employees in the titles of Chief Fire Investigator, Fire
Communications Chief, Fire District Chief and Fire Training Officer with a minimum of
15 yeazs of service will be provided one additional taur of duty holiday. This ho&day is
subject to the same conditions idenrified in Section 143.
14.5 Effective January i, 2000, atl employees in the bazgaining unit will be eligible for the
tour of duty holiday Iisted in 14.4.
14.6 For those employees assigned to a work week other than Monday through Friday, the
holiday shall be observed on the calendar date of the holiday.
14.7 Eligibility for Holiday Pay and Floating Holidays shall be in accordance with Section 1
(one) Subsection I of the Salary Plan and Rates of Compensation Resolution.
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ARTICLE 15 - SICK LEAVE AND PARENTAL LEAVE
15.1 Sick leave shall be eamed and granted in accordance with the Civil Service Rules.
� 15.2 In the case of a serious illness or disability of an employee's child, parent or househoid
member, the head of the department shall grant leave with pay in order for the employee
to care for or make arrangements for the care of such sick or disabled persons. Such paid
leave shall be drawn from the employee's accumulated sick leave crediu. Use of such
sick leave shall be limited to the number of hours designated to be the employee's work
week per incident.
153 Any employee who has accumulated sick leave credits, as provided in the Civil Service
Rules, may be granted one day of sick leave to attend the funeral of the employee's
grandparent or grandchild.
15.4 If an employee has an accumulation of sick leave credits in excess of one hundred and
eighty days, he/she may convert any part of such excess to vacation at the rate of one-half
day's vacation for each day of sick leave credit. No employee may convert more than ten
(10) days of sick leave in each calendaz year under this provision.
15.5 Maternity and Parenta] Leave. Pregnant employees of the City of Saint Paul shall be
eligible for the use of paid sick leave and unpaid leave of absence in the same mannet as
any other disabled or ill City employee. Such paid sick leave eligibility shall begin upon
certification by the employee's attending physician that the employee is disabled in terms
• of her ability to perform the duties of her position.
A twelve (12) month Parental leave of absence without pay shall be granted to a naturai
pazent or an adoptive parent, who zequests such leave in conjunction with the birth or
adoption of a child. Such leave may be ea�tended an additional twelve (12) months by
mutual agreement between the empioyee and the Employer. Refusal on the part of the
Employer to grant an extension of such leave shall not be subject to the provisions of
Article 6 of this Agreement.
Employees who return following such leaves of absence shall be placed in a position of
equivalent salary and tenure as the one held just prior to the beginning of their leave.
ARTICLE 16 - SEVERANCE PAY
16.1 Effective January l, 1990, the employer shall provide a severance pay program as set
forth in this Article 16.
16.2 To be eligible for the severance pay program, an employee must meet the following
requirements:
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Al2TICLE 16 - SEVERANCE PAY (Contiaued)
16.2.1 The employee must be voluntarily sepazated from CiTy empioyment or have been
subject to sepazation by lay-off or compulsory retirement. Those employees who
aze dischazged for cause, misconduct, inefficiency, incompetency, or any other
disciplinary reason aze not eligible for the City Severance pay program.
16.2.2 The employee must file a waiver of reemployment with the Human Resources
Director, which will clearly indicate that by requesting severance pay, the
employee waives all claims to reinstatement or reemployment (of any type), with
the City or with Independent School District No. 625.
16.23 The employee must have an accumulated balance of at least eighty (80) days of
sick leave credits at the time of his separarion from service.
163 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
sepazarion for each day of accrued sick leave subject to a maximum as shown below
based on the number of yeazs of service with the City,
Years of Service
with the Citv
At least 20
21
22
23
24
25
Maximum
Severance Pav
$ 5,000
6,000 _
7,000
8,000
9,000
10,000
However, any employee separated from City employment on or after January 1, 1992
who has an accumulated balance of at Ieast one thousand eight hundred fifty (1,850)
hours of sick leave credits and at least twenty-five (25) years of service at the time of
hislher sepazation from service sha11 be granted severance pay in the amount of thirEy
thousand dollazs ($30,000).
Employee with twenry (20) or more years of service who is ruled disabled and is
receiving a disability pension and who has 1850 hours of accumulated sick leave
shall be allowed the maximum severance benefit of $30,000.
The manner of payment of such severance pay shall be made in tluee consecutive annual
payments of ten thousand dollazs ($10,000) each. The annual payments shall be made in
February of each year. The first payment sha11 be made during the month of February in
the year following the yeaz in which the employee sepazates hislher employment.
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ARTICLE 16 - SEVERANCE PAY (Continued)
16.4 For the purpose of this severance prograni, a death of an employee shali be considered as
• separation of empioyment, and if the employee would have met all of the requirements
set forth above at the time of his or her death, payment of the severance pay may be made
to the employee's estate or spouse.
16.5 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
sepazation of employment, and such transferee shall not be eligible for the City severance
program.
16.6 The manner of payment of such severance pay shall be made in accordance with the
provisions of City Ordinance No. 11490.
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16.7 The manner of payment of severance in amounts of ten thousand dollars ($10,000) or less
shall be made in accordance with the provisions of City Ordinance No. 11490.
ARTICLE 17 - WAGES
17.1 When the 1994 rates for Fire Captain Paramedic aze detemuned, the steps in the 1994
salary range for District Fire Chief shall be adjusted to reflect a fifteen percent (15%)
differential above the coaesponding step in the 1994 salary range for Fire Captain
Pazamedic. The 1994 Fire Captain Pazamedic rates on which the 15% differential is
based shall not include any amount that has been added to the Fire Captain Pazamedids
rate in lieu of an Employer's insurance conttibution. This same process shall be repeated
to determine the final 1995 and 1996 rates for the title of District Fire Chief.
The biweekly rates for titles other than District Fire Chief covered by this Agreement
shall be adjusted each yeaz to reflect the percent as shown below of the 1994, 1995 and
1996 rates applicable to the title District Fire Chief.
PERCENT of
DISTRICT FIRE CHIEF
TITZE
Fire Dispatch Supervisor
Assistant Fire Mazshal
Emergency Prepazedness Coordinator
Fire Communications Chief
Fire Training Officer
Chief Fire Investigator
Deputy Fire Chief
Fire Mazshal
Emergency Pazamedical Service Chief
•
85.7%
913%
92.9%
100.0%
100.0%
100.0%
1083%
108.3%
108.3%
Such adjustments shall be effective on the first day of the first payroll period of the
respective yeaz.
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ARTICLE 17 - WAGES (Continued)
The wage schedule for the purpose of this Agreement shall be Appendix B attached hereto.
17.2 Any Fire Captain assigned as a pazamedic with 15 years of service who is promoted to •
Fire District Chief shall begin at the 10 year step effective January 1, 1994.
17.3 The wage schedute for the purpose of this Agreemeat shall be Appendi�� B attached
hereto.
ARTICLE 18 - VOLUNTEERISM A1�TD/OR OUTSIDE EMPLOYNTENT
As a condition of employment, any position represeated by the union as covered in the
contract, will be prohibited from membership in any fire department other than the Saint
Paui Department of Fire and Safety Services. In addition, other outside employment
related to fire suppression must be approved by the fire chief.
ARTICLE 19 - INCAPACITATION
19.1 Employees injured during the course of employment and thereby rendered incapable of
performing job duties and responsibilities shaIl receive full wages during the period of
incapacity, not be exceed the period equal to twelve (12) months plus accumulated sick
keave. It is understood tha�insr�chcases, the-twelv�(1-2)-month-period-shailfvst_be •
utilized and only when same is exhausted shall accumulated sick leave be applicable.
19.2 Employees disabled through injury or sickness other than specified in Section 19.1 above
shall receive full wages for a period equal to accumulated sick leave, plus six (6) months
as provided herein. It is understood that in such cases, accumulated sick leave shall first
be utilized before the six (6) months, or any part thereof, shall be applicable. It is further
understood that the sis (6) month period shall be available to members in this unit only in
those yeazs where the last available Annual Report of the City Civil Service Office shall
show average sick Ieave used per member of the Saint Paul Fire Deparnnent, (based on
the 1972 Annual Report method of calculating same), of eight (8) days or less.
19.3 Employees injured or incapacitated by illness in the Iine of duty shal] be entifled to
reinstatement at any time within five (5) years from the date of injury or incapacity
provided they are physically capable of resuming their job.
19.4 Except as specifically provided in this Article, all illness and incapacity rules and policies
previously in effect shall continue.
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ARTICLE 20 - DRUG AND ALCOHOL TESTING
20.1 Policy: The Fire Deparcment recognizes illegal drug and alcohol usage as a threat to the
• public welfaze and the employees of the department. Thus, the Fire Department will take
the necessary steps, including drug and alcohol testing, to eliminate illegal usage. It is
the goal of this policy to prevent and rehabilitate rather than tPrm;nate the employment of
workers who aze abusing drugs or alcohol. No member of the Fire Departrnent shall be
discharged for illegal drug or alcohol use without first having been offered the
opportunity to discontinue use either through personal choice or by treatment for
chemical dependency, if such treatment is needed. The Union agrees, at the Employer's
request, to re-open negotiations of this Article during the term of this Agreement.
20.2 Informing Employees About Drug and Alcohol Testing: All employees will be fully
informed of the Fire Department's drug testing policy before testing is administered.
Empioyees will be provided with information conceming the impact of the use of drugs
or alcohoi on job performance. In addition, the employer shall inform the employees of
how the tests aze conducted, how well the tests perform, when the tests will be conducted,
what the tests can determine, and the consequences of testing positive for drug or alcohol
use. All newly hired employees will be provided with this information on their initiai
date of hire. No employee shail be tested until this information is provided to him.
203 Employee Tesring: No employee will be tested for drug or alcohol abuse unless there
exists reasonable suspicion to believe that the employee to be tested is under the influence
of illegal drugs or alcohol. Random or mass testing is prohibited. No such testing may be
• conducted without the written appxovai of the officer in charge of the unit. The officer in
charge must document in writing who is to be tested and why the testing was ordered.
Failure to follow any of these procedures shall resuit in the elimination of the test results
as if no test had been administered. The test results shall be destroyed and no discipline
shall be levied against the employee.
20.4 Urine collection shall be conducted in a manner which results in a legally acceptable
sample as well as providing a high degree of security for the sample, freedom from
adulteration of the sample, the highest possible accuracy of the clinical results while at
the same time preserving the dignity of the empioyee. Administrative procedures shall be
such as to prevent the submission of fraudulent tests. When appropriate, biologic testing
of the samples may be included as part of such administrative procedures. In tesfing
which could result in employee discipiine, if the test result is positive, a split sample shall
be reserved for independent analysis which shall be performed at the request of the
affected employee. Upon request, an employee shall be entitled to the presence of a
union representative before testing is administered.
20.5 Testing Procedures: All samples shall be tested far Chemicai Adulteration, Narcotics,
Cannabis, PCP, Cocaine, Amphetamines, Alcohol and Sedatives. The testing shali be
done by a Selected Laboratory and the following standards shall be used:
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Drug Testing Standards
Alcohol
Drug Group
- ��.�- .� -
.02 concentration as shown by an analysis of urine
Drug or
metabolite detected
Amphetamine
Methamphetamine
Cocaine metabolites Benzoylecgonine
Marijuana metabolites delta-9-THC-9-COOH
Opiate metabolites
Phencyclidine
Barbiturates
Benzodiazepine
metabolites
Methadone
Methaqualone
Propoxyphene
Codeine
Total Morphine
PCP
Secobazbital
Pentobazbital
Phenobarbital
Butabazbital
O�cazepam
Methadone
Methaqualone
Propoa.yphene
Norpropoacyphene
300 ng/ml
300 ng/ml
.
GC/MS �
Confirmation
500 ng/ml
500 ng/ml
150 ng/ml
15 nglmt
300 ng/ml
m
300 ng/ml
25 nglml
1,000 ng/ml
1,000 ng/ml
1,000 ng/ml
1,000 ng/ml
300 ng/mt
300 ng/ml
300 ng/ml
300 ng(ml
300 ng/ml
Any sample which has been aduiterated or is shown to be a substance other than urine
shail be repor[ed as such. Ali samples which test positive on a screening test shatl be
confirmed by gas chromatography-mass spectrophotometry, and no records of
uuconfumed positive Yests shall be released or retained by the laboratory.
Testing shall be conducted in a manner to insure that an employee's legat drug use does
not effect the test results.
All results shall be evaluated by a suitably trained occuparional physician or occupational
nurse prior to being reported.
Test results shall be treated with the same confidentiality as other employee medical
records. The test results shall not be reported outside the Fire Department.
�
In4teal Test
level ag/ml
1,000 ng/ml
1,000 ng/ml
300 ng/ml
15 ng(ml
300 ng/ml
300 nglml
25 ng/ml
300 ng/ml
1,000 ng/ml
3,000 ng/ml
1,000 ng/ml
300 ng/m1
300 ng/ml
300 ng/ml
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ARTICLE 20 - DRUG AND ALCOHOL TESTING (Continued)
20.6 Chemical Dependency Program: Each person whose urine tests positive for illicit
• drugs shall be medically evaluated, counseled and treated for rehabilitation, if required.
In addition, at any time an employee may voluntarily enter the chemical dependency
program without feaz of disciplinary actions against him.
This Program is designated to provide care and treatment to employees wbo are in need
of rehabilitation. Details conceming treatment any employee receives at this Pro�ram
shall remain confidential and shall not be released to the public. The employee shall be
responsible for the cost of treatment.
No employee shall be relieved or transferred to other than his usual duties on the basis of
one test result although the employee may be re-evaluated for his duty assignment. When
undergoing treatment and evaluation employees shall receive the usual compensation and
fringe benefits provided at their assigned position.
20.7 Right of Appeal: Each employee has the right to challenge the results of drug or alcohol
testing in the same manner that he may grieve any managerial action.
20.8 Duty Assignment After Treatment: Once an employee successfully completes
rehabilitation, be shall be retumed to his regulaz duty assignment. Employee
reassignment during treatment shall be based on each individual's circumstances. If
follow-up caze is prescribed after treatment, this may be a condition of employment.
• Once treatment and any follow-up caze is completed, at the end of two yeazs the records
of treatment and positive drug or alcohol test results shall be retired to a ciosed medical
record. The employee shali be given a fresh start with a clean administrative record.
20.9 Right of Union Participation: At any time, the Union, upon request, will have the right
to inspect and observe any aspect of the drug and alcohol testing program with the
exception of individual test results. The Union may inspect individual test results if the
release of this information is authorized by the employee involved.
20.10 Union Held Harmless: This drug and alcohol testing program is solely initiated at the
behest of the employer. The Fire Department shall be solely liable for any legal
obligations and costs arising out of the provisions and/or application of this collective
bargaining agreement relating to drug or alcohol testing. The Union shall be held
harmless for the violation of any worker rights arising from the administration of the drug
or alcohol testing program.
20.11 Conflict with Other Laws: This Article is in no way intended to supersede or waive an
employee's federal or state constitutional rights.
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ARTICLE 21 - OVERTIME
21.1 Employees required to work in excess of their assigned tour of duty will be compettsated
at the rate of one and one-hatf (1.5) times the employee's normal rate. Such •
compensation shait be made in cash or in compensatory time at the option of the
Employer.
21.2 The purpose of this section is to effectively eliminate three (3) Fire Disirict Chief
positions, i.e., those posirions which have been traditionally known as the pool of Fire
District Chiefs.
Beginning December 31,1997 the employer may assign Fire Captains to perform the
duties of Fire District Chiefs only in accordance with subsections 2.1, 2.2, and 23
below.
21.2.1 All Fire Chiefs assigned and availabie for work on a shift aze working as Fire
Deputy or District Chief.
21.2.2 The Department may assign Captains as out-of-tide District Chiefs for any
scheduled absence (Scheduled absence, as used herein, is an absence that will be
known when a segment schedule is prepazed and distributed for the neact, i.e.,
immediately following segment) However, the out-of-title assignmenu will not
occur until Deputy and District Chiefs, as a group have scheduled or earned,
wiThin the catendar year, $97,417 in overtime. This overtime will be eamed by
filling Deputy and District Chief scheduled absences. •
212.3 The Association will detemune the method and be responsible for distributing
the scheduled overtime tours of duty among the Deputy and Dis�ict Chiefs.
This will be done to the satisfaction of the employer that qualified personnel are
filling the positions.
ARTICLE 22 - DISCIPLINE
22.1 The Empioyer may discipline employees in any form listed below:
Orai Reprimand
Written Reprimand
Suspension
Demotion
The Employer will discipline employees for just cause only and in accordance with the
concept ofprogressive discipline.
Employees who aze disciplined pursuant to the terms of this Article may appeal the
Empioyei s disciplinary action through the grievance procedure set forth in Article 6 of
this Agreement or to a Civil Service authority pursuant to the rules and procedures of •
such authority.
20
ARTICLE 23 - POSITION OPENIIVGS
23.1 To expedite the filling of vacancies under the civil service procedures, the head of the
. departrnent or designated representative will:
Make requisition for certification of eligibles to fill a vacancy within fifteen (15)
days after determining that a vacancy exists.
Within fifteen (15) days after the department head has met with the certified
eligibles, he/she will fill the vacancy.
If no eligible list is in effect when a vacancy occurs, the department head shall, within
fifteen (15) days, request the Human Resources Director to conduct an examination for
the purpose of establishing an eligible list.
Nothing in this Article 23 shall be construed to eliminate or lessen the Department Head's
right to determine the number of employees in any class title.
ARTICLE 24 - CITY MILEAGE
24.1 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 aze adopted.
24.2 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 shali be reimbursed at the rate of $4.00 per day for
each day the employee's vehicle is actually used in perfornung the duties of the
employee's position. In addition, the employee shall be reimbursed $.20 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 deternunes 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 reimbursed at the rate of $.20 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 REGiJLARLY during
employment, the employee shall be reunbursed at the rate of $4.00 per day for each day
of work. In addition, the empioyee shall be reimbursed $.20 per mile for each mile
actually driven.
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AR'f'ICLE 24 - CITY MILEAGE (Continued)
If such employee is required to drive an automobile during employment and the •
department head or designated representative detemunes that an employer vehicle is
available for the employee's use but the employee desires ta use his/her own
automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and
shall not be eligible for any per diem.
243 The City will provide parking at the Civic Center Pazking Ramp for City employees on
either of the above mentioned types of reimbursement plans who are required to have
their personal caz available for City business. Such parking will be provided oniy for the
days the employee is required to have his or her own personal car available.
24.4 Rules and Regulations: The Mayor shatl adopt rules and regulations goveming the
procedures for automobile reimbutsement, which regulations and rules shall contain the
requirement that recipients shail 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 iajury, 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.
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ARTICLE 25 - DURATION OF AGREEMENT
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25.1 Except as herein provided, this Agreement shall be effective as of the date the Agreement
is executed hy the parties, and shall continue in full force and effect through the 31 st day
of December, 2001, and thereafter until modified or amended by mutual agreement of the
parties. Either party desiring to amend or modify this Agreement shall notify the other in
writing so as to comply with the provisions of the Miimesota Public Empioytnent Labor
Relations Act of 1984.
25.2 The wage schedule attached hereto as Appendix "B" shall take force and effect at such
time as is specified in the administrative resolution recognizing and approving this
Agreement in accordance with Secrion 12.09 of the Saint Paul City Charter.
Signed this ��day of February, 2000
CITY OF SAINT PAUL
�
Terry�altiner�� ��`
Labor Relations Manager
SA1NT PAUL FIRE SUPERVISORY
ASSOCIA ION
Donato Bataglia,
President
�% ,
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s
APPENDIX A
• Regulation "West Point" long sleeve police shirt
Regulation "West Point" short sleeve police shirt
Ranking Officer's white uniform shirt, long sleeve, West Point 7500C
Ranking Officei s white uniform shirt, short sleeve, West Point 7500C
Jersey type long sleeve sweat shirt, navy blue - Wilson 8632
Jersey type 3/4 sleeve sweat shirt, navy blue - Wilson 8632
Fechheuner Bros. navy blue trousers 32200
Fechheimer Bros. navy blue trousers 32250
Jacket - Light weight, waist style Fechheimer 32100
Fur coat - Energy I OOFD - Sizes 48 - 50 add 10% - longs add 10°/a
Jacket - Califomia thermal chief - Horace Small
Parka - Navy - Butwin 111 SP
Regular sizes 34 - 46
Extra sizes 48, 50, 52, Long
• Liners for sununer uniform fire fighter jacket - Fechheimer Bros.
32704
Sewing Costs: No cost when ordered with jacket, othenvise ..
Caps
Trooper Cap
Chiefs Navy-Stype Midwest-N. W.
8 pt. Midwest-N.W.
Belts - leather - black - 1.5 inch
Shoes
Wedge style oxford - Red Wing shoe #101
Slip on style oxford - FLOAT-AWAYS #75347
Slip on style oxford - FLOAT-AWAYS #J5318
Lace style oxford - FLOAT-AWAYS Z5096
Slip on style o�ord Weinbrenner 1635
Slip on style oxford Weinbrenner 1435
Lace style oxford T5152 Mocc toe
Lace style oxford Weinbrenner 1225
Lace style oxford Weinbrenner 1250
Socks
Munsingweaz #40
Munsingwear #415 - stretch style
• Ties - black, 4-in-hand, or snap-on style
A1
•
APPENDIX B: BIWEEKLY RATES
Salary ranges applicable to titles covered by this Agreement shall be as shown below:
Effective 1/1/2000 Three and one/tenths percent increase
Effective 1/1/2001 Two and nineTy-five hundredths percent increase
492A Chief Fire investigator
672 Pire Communications Chief
150 Fire District Chief
691 Fire Training Officer
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A B C D E F 10-YR 15-Yi2
(1) (2) (3) �4) (5) (6) (� ($)
01/01/2000 $ 2,149.33 $ 2,255.48 $ 2,366.98 $ 2,461.48 $2,556.02 $2,689.78 $2,828.15 $ 2,897.37
M101l2001 $ 2,212.74 $ 2.322.02 $ 2,436.81 $ 2,534.09 $2.662.3'i $2,769.'13 $2.911.58 $ 2.982.84
193A Deputy Fire Chief
179A Emergency Paramedical Services Chief
186 Fire Marshall
A B C D E
��) �Z) �3) �4) �5)
01/01/2000 $ 2,327.73 $ 2,442.67 $ 2,563.44 $ 2,665.75 $2,800.64
01/01/2001 $ 2,396.40 $ 2,514.73 $ 2,639.06 $ 2,744.39 $2,88326
F 10-YR 15-YR
cs� m cs�
$2,913.00 $3,062.87 $ 3,137.85
$2,998.93 $3,15322 $ 3,230.42
: