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00-292ORiGINAL Presented Referred To RESOLUTION r�lTY OF SAINT PAUL, MINNESOTA � 1 i ,I� �n tC�o.v�°1- Council File # pp .�:qZ Green Sheet # 08918 Committee Date � • 1 2 3 RESOLVED, tha# the Council of the City of Saint Paul hereby approves and ratifies the attached July 1, 1999 through June 30, 2001 Labor Agreement between the City of Saint Paul and District Lodge No. 77, International Association of Machinists and Aerospace Workers AFL-CIO. Requested by Department of. Benanav � Blakey � Bostrom � Coleman � Hazris � Lantry �/ Adopted by Council: Date � �, _ � \ � �-p o � Adopuon Certified by Council Secretary � Appx � Office of Labor Relations By: V� l� i M� -P lJ1,Fl/l/I.t/1/ —N--�--�— Form ApproNed by City Attomey By: , �a✓�� 3 �2` `a� Approved by ayor for Submission to Council BY: � 9�11�it, �J ��i� !3� DEPARTMENT/OFFICE/COUNCIL: DATE INITTATED GREEN SHEET NO.: 08918 LABOR RELATIONS March 21, 2000 b O- e'1-'t � CONTACf PERSON & PAONE: � wtTlAi/DnTE IIal77niJnn'iE JITLIE KRAUS 266-6513 � 1 D�r,�x nm � a crrY covricn, �Ex ZcrrYnrrox�� crrYCi,�x MI7ST BE ON COUNCII, AGENDA BY (DATE) FOR BUDCEf DIR FIN. & MG?. SERVICE DII2. ROUTING 31�1A5'OR(ORASST.) ��3'N ORDER �� • TOTAL # OF SIGNATURE PAGES_I (CLIP ALL LOCATTONS FOR SIGNATURE) acrioN xeQUESrEn: Tlus resolution approves the attached July 1, 1999 through June 30, 2001 Labor Agreement between the City of Saint Paul and the District Lodge No. 77, International Association of Machinists and Aerospace Workers AFL-CIO. RECOMAg�NDA1TONS: Appmve (A) or Reject (R) PERSONAI, SERVICE CONTRACl'S 111I75T ANSWER TIiE FOLLOWING QUESTTONS: _PLANNING CAhi��IISSION _CIViL SEAVICE COMbASSION 1. Has this persoNStm ever worked under a conVact for this depaztment? _CIB COMMITI'EE Yes No _STAFF 2. Has tLis person/fvm ever been a city employee? DIS7RICT COURT � Yes No SUPPORTS WffiCA COUNCIL OBJECTIVE? 3. Does this pe(sonffum possess a skill not mmialiy possessed by any ouaent city employee? Yes No Ezplaiu all yes answers on separate sheet and attach to grren sheet INITIATING PROBLEM, ISSUE, OPPORI'UATfY (Whq W6ay When, Where, wn The Labor Agreement with the District Lodge No. 77, Intemarional Association of Machinists and Aerospace Workers, AFL-CIO had expired. The City is required to negotiate with the Bazgaining Unit. nnvaNrncES iF arrxovEn: An Agreement through good faith collective bazgaining will be in place through June 3�, 2Q01. Further establishing a pattem for Employer contributions toward insurance premiums in the yeaz 2001. DLSADVANTAGES IF APPROVED: NOriC . n�sanv,wracES � xor nrrxovEn: The relationship between this unit and the City wouid be sirained. Could work to the disadvantage of the City in controlling the rising cost of Health Insurance by establishing a pattem of capping the Employer's share of the increase. � TOTAL AMOi3NT OF TRAi35ACTiON: S CO5i'lAEVENOE BUDGETED: FUNDING 50URCE: ACTMTY NUMBER: FINANCIAL IlVFORMATiON: (EXPLAIIV) �p�+� �es��ru?� Center ��R 2 � 2600 � � � . _�.;_,__ Qo -aq� ATTACFIMENT TO T`HE GREEN SHEET District Lodge No. 77 International Association of Machinists and Aerospace Workers AFL-CIO Below is a suuimary of the changes in the Collecfive Bazgaining Agreement between the City and the District Lodge No. 77 Intemational Association of Machinists and Aerospace Workers AFL-CIO. The new contract is for the period of July 1, 1999 through June 30, 2001. Wages: 1999: 2.5% 7/1/1999 2000: 3.2% 7/1/2000 *Wage nnplementation dates Health Insurance: 2000: Single $260.00 per month Family $376.66 per month 2001: Single $260.00 per month Family $376.66 per month, plus an amount equal to the 2001 single health insurance premium increase up to forty dollars ($40) per month, if the 2001 single heaith insurance premium increase is over forry dollazs ($40), the Employer will contribute 50% of the amount over forty dollars ($40). The single contribution is frozen for 2000 and 2001. The agreement calls far a Tool Allowance for all employees that are expected to supply their own tools. The amount per employee is $475 a year. As a result of issuing the Tool Allowance, the program of Tool Replacement by the City will be eliminated. The City will no longer replace lost or damaged tools. The Union members that aze not part of the Tool Allowance program will haue an increase in the amount available for Safety Shoes. This will be an increase of twenty five dollazs ($25) per member that is available for reimbursement. The shoe allowance is cumulative over the two years of the contract. Q o -�.q� Attachment to the Green Sheet District Lodge No. 77 International Association of Machinists and Aerospace Workers AFL-CIO Page 2 Costs: 1999 2000 Wages $54,54730 $69,820.54 Health Insurance $5,920.56 $11,520.00 Tool Allowance $14,725.00 $0.00 Increase in Shoe Allowance $650.00 0.00 Total: $ $75,842.86 $81,340.54 Language Changes (summary) The contract includes other changes to contract language which are housekeeping in nature. m � �0 N N N N U W a C W T d 0 W 'a a' O C � 3 u � W � O i � • � • Q • • ¢ • • • > _ = o # w w w w w w w w w w w 6 m a � m �`o m � m � m m m a � ° n r � � 0� � y � � � W ° .°. m a o ui vi ° ° 5 ° `m m � -�` m `o � 'm � = E i ° �� v'_ m° E � � in_ w � m - o Po _ o a a o q y o 5 u o � u �� o`m o" `o n m� m a E `m `m en xi »°- en U �n m en m fn m` en m en ' ei a ei E Z m R F E y° 3 3 3 c 3� 3� 3� 3 y 3 m 3� 3 E 3 U � E � � m O Z Z Z U Z K 2- Z� Z� Z P Z(J Z(J Z`o F LL e o m F- UJ Q Q Q N H M N � w Z � N H Q m �[] in N ��(1 vl N �c�I �[] H � N y J� � O W 41 p U y Cp `p N p 0 � �� m� � ^ V .C A �N � F y y m ~ ' � r�n a in n �� p � �� N m w � � m o� y c u u � v � v� m� m� m m m � m E m o d d � 6 O l6 O N N N W N R� fG � R O W U lE R 0 6] V m U G] C m� Vl C L1 ❑ 0(J 0 U 0 O RI 0 N m N O W O � � N OJ N Q ' 1 a ' ' 0 e N N � O � � Z Z 0 � O M N N (9 p (9 f9 fA W N Vf W W M Q tl1 � l7 ('�l m � M < C R V C < < C V N � N u @ � ^ � '� A � c ° c A a Y � O (p O N U ��i (n p � a � 0 J (9 W � A O C � 0 o p � � a a � a N O t� o � ,�O [� F'Q � N o'� ,�o n m m o� y a) A wen es wU wm wm` w w ea� fn ` vin �n E zm tn E d v 3 3 3 c 3 3� 3 9 3� 3� 3�� 3 E 3�j � E � A� Y'm d m u o d S v�+ w �+ u� m� u d o u ❑ Z Z Z U Z K Z 5 Z 5 Z 5 Z � Z U Z(J Z`o H� e h in � N n ` W fJ N N� � � V! � C m N N Q Q Q N el N !! 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LABOR AGREEMENT " _ BETWEEN _ : THE CITY OF SAINT PAUL � � � - AN� � � � - ' DIS'�'RICT LQI}GE NO. 77 IN'T�Rl�iA�'IUNAL ASSOCIA'��ON OF MACHINISTS ' , _. , , _ �. , AND A�R4SPACE �?4�ORKE:RS AFL-G�O �� �- � � � �. , � � � _ � _ � � � _. :.- P - „ _ . � _ � °� ��� � � - - - � � �-+�- nvnEx ARTICLE TITLE PAGE 1 Recognition ......................................................1 2 Definirions .......................................................1 3 Maintenance of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Check Off and Administrative Service Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Union Rights .....................................................3 6 Management Rights ................................................3 7 Discipline ........................................................4 8 Hours, Overtime Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9 Tool Insurance and Clothing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Jury Duty ........................................................6 11 LegalServices ....................................................7 12 City Mileage ......................................................7 13 Active Employee Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 14 RetireeInsurance .................................................10 15 Holidays ........................................................11 • 16 Vacation ........................................................12 17 Cmevance Procedures .............................................12 18 Savings Clause ...................................................15 19 Severance Pay ...................................................15 20 Wage Schedule ...................................................18 21 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 22 Sick Leave ......................................................18 23 Maternity Leave ..................................................19 24 Safety Shoes .....................................................19 25 Layoffand Bumping ..............................................19 26 ' Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 AppendixA .................................................... A1 • i oa�� • AGREEMENT BE'I'WEEN THE CITY OF SAINT PAUL AND DISTRICT LODGE #77, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO This AGREEMENT has been entered into between the City of Saint Paul, hereafter referred to as the EMPLOYER, and District Lodge #77, Intemafional Association of Machinists and Aerospace Workers AFL-CIO, hereafter referred to as the iJNION. This AGREEMENT has as its purposes, the promotion of hannonious relations between the EMPLOYER and the UNION, the estabiishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above objectives in full compliance with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1984, as amended. • C� ii � i� � ARTICLE 1- RECOGNITION • 1.1 The EMPLOYER recognizes the IJNION as the sole and exciusive bazgaining agent for the purposes of establishing wages, benefits, hours and other conditions of employment for ail of its employees as outlined in the certificauon by the State of Minnesota, Bureau of Mediation Services, dated Augast 15,1973, in case No. 74-PR-77-A, and as set forth below: All regular, probationary, and provisional vehicle and equipment maintenance personnel who aze employed by the City of St. Paul or who have their "terms and conditions of employment" established by the governing body of the City of St Pau] in the classifications of Auto Body Repairer, Communicarions Technician Helper, Equipment Repairer, Fire Buildings Repairer, Fire Equipment Servicer, Machinist, Marina-Mechanic, Mechanic-Welder, Parts Runner, Tool Maker - Water Utility, Traffic Maintenance Worker, *Vehicle Maintenance Worker (Light), Vehicle Maintenance Worker (Heavy), Vehicle Mechanic, Vehicle Mechanic (Heavy Truck & Eqaipment), Vehicle Mechanic Leadworker, Vehicle Mechanic Supervisor, Vehicie Mechanic Trainee, Welder and Welder Leadworker, excluding supervisory, confidential, temporary, emergency and employees exclusively represented by other labor or employee organizations. • 1.2 The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classifications set forth in this agreement shall be recognized as a part of this bazgaining unit, and the parties shail take all steps required under the Public Employment Relations Act to accomplish said objective. ARTICLE 2 - DEFINITIONS 2.1 Collective Bazgaining. The EMPLOYER will bazgain collectively with the LTNION with respect to rates of pay, hours and conditions pertaining to employment for all of the employees in the unit hereinbefore set forth. 2.2 Discrimination. The EMPLOYER will not interfere with, restrain or coerce the employees covered by this AGREEMENT because of inembership in or activity on behalf of the IJNION. The EMPLOYER will not discriminate in respect to hire, tenure of employment or any term or condition of employment against any employee covered by this AGREEMENT because of inemberslvp in or activity on behalf of the iJNION, nor will it discoutage or attempt to discourage membership in the IJNION, or attempt to encourage membership in another Union. C� i ARTICLE 2 - DEFII�TITIONS (Continued) 23 Tlxis AGREEMENT shall designate and define benefits with the exception of pension benefiu that shall be granted to the employees by the EMPLOYER. If subsequent to this AGREEMENT, any govetning body passes a provision which shall create a cost benefit for a employee in this unit, the cost of such benefit shall be paid by the employee until such time as the responsibility of the cost is subsequently negotiated. This provision shall not compel either parry to reopen negotiations during the course of an earisting contract. ARTICLE 3- MAINTENANCE OF STANDARDS 3.1 The parties agree that a11 conditions of employment relating to wages, hours of work, overtime differentials, vacations, and atl other generat working conditions shall be maintained at not less than the lughest m;nir�,um standard as set forth in the Civil Service RuIes of the City of Saint Paui, (Resolution No. 3250} and the Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this AGREEMENT, and the conditions of employment shall be improved wherever specific provisions for improvement aze made elsewhere in this AGREEMENT. ARTICLE 4- CHECK OFF AND ADMINISTRATIVE SERVICE FEE 4.1 Dues. "Fhe BMPLOYER agrees to deduct the iT1QION membership dues once each month from the pay of those employees who individually raquest in writing that such deductions be made. The amounts to be deducted shall be certified to the EMPLOYER by a representative of the ITNION and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions aze made or as soon thereafter as is possible. 4.2 Fairshare. Any present or future employee who is not a iJNION member shall be required to contribute a fair share fee for services rendered by the LJNION. Upon notification by the iTNION, the EMPLOYER shall check off said fee from the earnings of the employee and transmit the same to the tTNION. In no instance shall the required contribu6on exceed a prorata shaze of the speeific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. TJris provision shall remain operative only so long as spec�catly provided by Minnesota law and as otherwise legal. � • • ��,�a ARTICLE 4- CI�ECK OFF AND ADMII�TISTRATIVE SERVICE FEE , (Continued) 43 The Union agrees that an administrative fee of $6.00 per employee, per yeaz shall be deducted by the employer from the employee's eamings. Tbis annual deduction shall be made from the first paycheck received in January of each year. 4.4 The iJNION will indemnify, defend and hold the EMPLOYER harmless against any claims and all suits, orders or judgments brought or issued against the EMPLOYER, its officers or employees, as a result of any action taken or not taken by the EMPLOYER under the provisions of this section. ARTICLE 5 - UNION RIGHTS 5.1 The iJNION may designate employees within the bazgainnig unit to serve as Union Stewards. 5.2 The iJNION shall furnish the EMPLOYER and appropriate department heads with a list of Stewazds and alternates, and shall, as soon as possible, notify said appropriate City officials in writing of any changes thereto. Only those who aze Stewazds shall be recognized by the EMI'LOYER for the purpose of ineetings. �J ARTICLE 6 - MANAGEMENT RIGHTS 61 The iJNION recognizes the right of the EMPLOYER to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. T'he rights and authority which the EMPLOYER has not officially abridged, delegated, or modified by this AGREEMENT aze retained by the EMPLOYER. 6.2 A public employer is not required to meet and negotiate on matters of inherent manageriat policy, which include, but aze not limited to, such azeas of discretion or policy as the functions and programs of the EMPLOYER, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. � ARTICLE 7 - DISCIPLINE 7.1 The EMPLOYER will discipline empioyees for just cause oniy. Discipline wiIl be in the form of: a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge. 7.2 Employees and the iJNION will receive copies of written reprimands and notices of suspension and dischazge. 73 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or tJNION may request, and shatl be entitled to a meeting with the Employer Representative who iaitiate@ tke suspension with intent to dischazge. During said five (5) day period, the EMPLOYER may affirm the suspension and dischazge in accordance with Civil Service Rules or may modify, or withdraw same. u ARTICLE 8- HOURS, OVERTIME PAY 8.1 Hours of Employment: The assigned normal work day shall be 8 hours • excluding .5 hour for lunch in any twenty-four hour period and 40 hours in any seven-day period. (For employees on a shift basis, this shall be constnxed to rnean an average of forty hours a week.) The normal work week shall consist of five consecurive normal work days. 8.2 Notwithstanding Article 8.1, a Department Head and the Union may mutually agree in writing to establish a normal work day of ten (10) consecutive hours, excluding a thirty (30) minute Iunch period, and a normal work week of four (4) consecutive work days in a seven ('n calendar day period. A Department Head may unilaterally cease a ten (10} hour work day, four (4) day work week with five (5) working days notice to the Union if such a schedule does not meet the operating needs of the affected Department. 83 Call-in-Pay: Wken an employee is called to work he shall receive two hours' pay if not put to work. If he is called to work and commences work, he shall be guaranteed four hours pay. These provisions, however, shatl not be effective when work is unable to proceed becavse of adverse weather conditions. • oD .�.qa ARTICLE 8- AOURS, OVERTIME PAY (Continued) • 8.4 Overtime: Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by order of the head of the depar�ent. Overtime will be assigned based on a mtating opportunity preset-set by class seniority among all eligible personnel in the affected division having the skills necessary for the job. In the beginning of each calendar year, the rotation for overtime opportunities will begin with the most senior employees. The individual may accept or decline. The ne�rt opportunity for overtime will go to the ne�rt person on the list who may accept or decline. This will continue until the end of the list is reached and will again start over with the most senior person. If an employee is bypassed foz overtime to which hefshe would have been entitled, the employee will have the opportunity, whenever possible but subject to supervisory approval, to make up the overtixne before the end of the nea�t payroll period, at a time convenient to the employee. The Employer reserves the right to deviate from the aforementioned process in emergencies or in such situations where following such process would be detrimental to the operation of the affected unit. Class seniority shall be the determining factor in shift assignment, however, the Employer will not be required to • accept the most senior bidder or to assign the least senior employee when considering such factors as the duration of assignment and the productivity needs of the affected unit. Qualifications will be deternuned by the Employer based on requirements of the job, actual job performance and Civil Service certification. 8.5 An employee sha11 be recompensed for work done in excess of the normal hours by being granted compensatory time on a tune-and-one-half basis or by being paid on a time-and-one half basis for such overtime work. The basis on wlvch such overtime shail be paid sha11 be determined solely by the EMPLOYER. • ARTICLE 9- TOOL INSURANCE AND CLOTHING 9.1 The EMPLOYER will provide five changes of coveralls or five changes of shirts and pants per week. The Departrnent shail substitute coveralls for shirts and pants and vice versa at the employee's requesrt. Employees may request such substitution no more than two times within a calendar year. 9.2 Employees in the following classifications; Vehicle Maintenance Worker (Heavy), #Vehicle Maintenance Worker (Light), Marina Mechanic, Mechanic-WeIder, Vehicle Mechanic, Auto Body Repairer, Vehicle Mechanic Lead Worker, and Velucle Mechanic (Heavy Truck & Equipment), shall receive a Tool and Shoe Allowance in the following manner. � 9.2(A) Effective 7/1/1999, for safety shoes, the amount of seventy-five dollazs ($75). This amount will be retroactive to the date of the beginning of the contract, 7/1/1999. 9.2(B) Effective 1/1/2000, the employees designated in section 9.2 shall be paid a tool allowance in the amount of two-hundred dollazs ($200.00). 9.2(C) Effective 7/1/2000, the empioyees designated in section 9.2 shall be paid a Tool and Shoe ailowance in the amount of four-hundred and seventy-five dollazs ($4�5.00). 9.2(D) Employees not designated in section 9.2, shall receive shoe allowance as designated in Atticle 24 - Safety Shces. • 9.2(E) Employees need to keep an accurate, up-to-date inventory of tools kept at the worksite. In the event that the entire tool set is stolen or if the worksite itself is damaged and the tools aze not salvageable, the Employer agrees to replace the tools, in excess of $475.00, that aze listed on the inventory previous to the date of the event. Initiating and updafing the inventory is to be done on the employee's own time. ARTICLE 10 - JURY DUTY 1 Q.1 Any employee who is required during his regular workiag hours to appeaz in court as a juror or witness except as a witness in lris own behalf against the City, shall be paid his regulaz pay while he is so engaged, provided however, that any fees that the employee may receive from the court for such service shall be paid to the City and be deposited with the City Finance D'uector. Any employee who is scheduled to work a skuft, other than the normai daytime sIuft, shall be rescheduled to work the normat daytime shift during such time as he is required to appeaz in court as a juror or witness. � o� �a � ARTICLE 11- LEGAL SERVICES • 11.1 Except in cases of malfeasance in office or willful or wanton negiect of duty, or indifference to rights of others, the EMPLOYER shall defend, save harmless and indemnify an employee against tort claim or demand whether groundless or otherwise arising out of alleged acts or omission occurring in the performance or scope of the employee's duties. 11.2 Notwithstanding the provisions of Secuon 11.1, the Employer shall not be required to defend or indemnify any employee against personal liability, or damages, costs or expense (a) resulting from a claim, suit, verdict, finding, determination or judgment that the employee has committed an intentional tort or torts, including but not limited to slander, libel and/or other defamatory harms; or (b) arising out of cross claims, counterclaims, affirmative defenses, and/or sepazate actions brought against such employee in response to or resulting from claims, aliegations, demands or actions (whether or not litigation was actually commenced) brought, made or instituted by such employee. 11.3 Notwithstanding the provisions of Section 11.1 or 11.2, the Employer may at its sole discretion defend an employee against allegations, claims, demands or actions wholly or in part based on or arising out of claimed intenrional torts, and in such cases, the employee consents to the extent lawfully pezmitted to such representation without regard • to actual or potential conflicts of interest. 11.4 Each employee, within 20 days after receiving notice of (1) a tort claim or demand, action, suit or proceeding against him or her, and (2) a judgment, verdict, fmding or determination, either of which arises out of alleged or found acts or omissions occurring in the performance or scope of the employee s duties, shall notify the City by giving written norice thereof to the City Clerk. ARTICLE 12 - CITY MILEAGE 12.1 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 automobiles in the performance of their duties, the foliowing provisions aze adopted. 12.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. If an employee is required to use his/her own automobile during employment, the employee shali be reimbursed at $.27.5 per mile for each mile actually driven. 123 The City will provide pazking at the Civic Center Pazking Ramp for City employees who • are required to have their personal caz available for Ciry business. Such pazking will be provided only for the days the employee is required to have his or her own personal car available. ARTICLE 12 - CITY MILEAGE (Continued) 12.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the • procedures for automobile reimbursement, such regulations and rules shail contain the requirement tbat recipients shall file daily reports indicating miles driven aad shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobite liabiIity in�,rance in amounts of not less than $100,000/$300,000 for personat injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the City Cierk. ARTICLE 13 - ACTIVE EMPLOYEE INSURANCE 13.1 The insurance plans, premiums for coverages and benefits contained in the in�,ra„ce 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 ptans agree to accept any changes in benefits which a specific provider implements. The Employer's Cafeteria Plan Document and IRS rules and regulations shall govem the Employer provided health and welfaze benefit program. 13.2 For the purpose of this Article, full-time employment is defined as appearing on the . payroll an average of at least 32 hours per week for the immediately preceding twelve (12) month period ending June 30th. Three-quarter time employment is defined as appearing on the payroll an average of at least 26 hours per week but tess than 32 hours per week for the immediately preceding twelve (12) month period ending June 30th. Hatf-time empIoyment is defined as appearing on the payroll an average of at least 20 hours per week but less than 26 hours per week for the immediately preceding twelve (12) month period ending June 30th. The above determination shall exclude periods of layoff and approved unpaid leave of absence when the empIoyee ret�uns to the same position and empioyment condition. The Employer shall deternune the rime status of a new or changed position based on the above definitions as to fu1I-time, fhree-quarter or half-time employment. 133 Effective January i, 2000, the Employer agrees to contribute, for full-time employees, $260.00 per month toward the cost of single health insurance coverage under the "Cafeteria Plan." For tluee-quarter time employees the Employer's contribution shali be • $195.00 per month. For haif-time employees the Employer's contribution shall be $130.00 per month. p � .aaa ARTICLE 13 - ACTIVE EMPLOYEE INSURANCE (Continued) � Effective January 1, 2000, the Employer's contribution towazd the cost of family health caze coverage for full-time employees shall be adjusted to $376.66 per month. For three- quarter time employees the Employer's contribution of family health care coverage shall be adjusted to $282.50 per month. For half-time employees the Employer's contribution of fanuly heaith care coverage shall be adjusted to $18833 per month. 13.4 Effective 7anuary 1, 2001, the Employer agrees to contribute, for full-time employees, $260.00 per month towazd the cost of single health insurance coverage under the "Cafeteria Plan." For three-quarter rime employees the Employer's contriburion shall be $195.00 per month. For half-time employees the Employer's contribution shatl be $130.00 per month. Effective 7anuary 1, 2001, the Employer's contribution towazd the cost of family health care coverage for full-time employees shall be adjusted to $376.66 plus an amount equal to the 2001 single health insurance premium increase up to foriy dollazs ($40) per month, if the 2001 single health insurance premium increase is over forty dollazs ($40), the Employer will contribute 50% of the amount over forty dollazs ($40). For three-quarter time employees the Employer's contribution of family health caze coverage shall be adjusted to $282.50 plus an amount equal to 75% of the increase for the full-time • employees per month. For half-time employees the Employer's contribution of family health caze coverage shall be adjusted to $188.33 plus an amount equai to 50% of the increase for the ful]-time employees per month. 13.5 Under the "Cafeteria Plan," all eligible employees regardless of the number of average hours worked must select at least single coverage hospital-medical insurance and employee life insurance in an amount of $5000. Any unused portion of the Employer's contribution for which an employee is eligible shall be paid to the employee as taxable income. Such payment will be made during the mornh of December for the Plan yeaz. For employees who temunate their employment with the City of Saint Paul, such payment shali be made within 90 days following ternunation. 13.6 For employees who become disabled and aze eligible for a disability pension &om a retirement fund to which the City of Saint Paul has contributed, the Employer shall contribute towazd the hospital-medical insurance program offered by the Employer in accordance with Article 14 of this Agreement. 13.7 The insurance benefits provided under this Article shall not apply to temporary or provisional employees. • ARTICLE 14 - RETIREE INSURANCE . 14.1 Full-tnne eligible employees must meet the following conditions at the time of retirement in order to be eligib2e for the Employer contribution toward the hospital-medicat insurance program offered by the Employer. 14.1.1 Have completed at least twenty-five (25) years of service with the City of Saint Paul. Employment with School District #625 will not be counted towazd the service requirement for employees hired after 07/Ol/97 toward yeazs of service for retiree health eligibi�ity. AND Be receiving a pension from a retirement fuad to which ihe City of Saint Paul has contributed. 14.2 For employees who were hired prior to July 1,1975 and who, at the time of retirement, meet the eligibility requirements set forth in Article 14.1.1, the Employer agrees to contribute, for the life of the retiree, the foIiowing: The full cost of the least expensive single premium for hospitai-medical insurance offered by the Employer. 143 For employees who were hired on or after 7uly 1, 1975, and who, at the time of • retirement, meet the eligibility requirements set forth in Article 14.1.1, the Employer will provide, for the life of the retiree, the full premium cost of the least expensive single health nvsurance coverage provided by the Employer at the time the employee retires. The City's contribution level shall remain constant, except that such contribution level shall be refigured at the full cost of the least expensive premium offered by the Employer at the time the retiree reaches age 65, if such date is after the date of retirement. For employees who retire and have not completed at least twenty-five (25) yeazs of service with the City at the time of their retirement, the Employer wi11 discontinue providing any health insurance contributions upon their retirement. 14.4 For employees who rerire who do not meet the eligibility requirements set forth in 24.1.1, the Employer shall not make any contributions toward inc��*a.+ce coverage. However, if such retiree has completed at least ten (10) years of service with the City of Saint Paul, he/she may purchase single and/or dependeat health in�.,ra„ce coverage through the Employer's insurance program. The total cost of such insurance coverage shall be paid by the retiree. 14.5 A retiree's participarion in the City's health insurance plan must be continuous. The retiree must be participating in a City fiealth insurance pIan at the time of retirement. If a retiree chooses not to pazticipate at the time of 1us/her retirement or if a retiree discontinues his/her participation at a later date, such retiree will not be eligible for any • future participation or for any Emptoyer contriburion. io � i� � � ARTICLE 14 - RETIREE INSURANCE (Continued) 14.6 In the event of the death of a retiree who is participating in the City's health inc�,rance program, the surviving spouse or dependent of the deceased may continue to participate in the City's health insurance plan at his/her own cost. Eligibility to continue to participate shall terminate when such spouse or dependent remazries or becomes eligible for group health insurance through any employer. ARTICLE 15 - HOLIDAYS 15.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Yeaz's Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Two floating holidays Labor Day Veterans' Day Thanksgiving Day Day after Thanksgiving Christmas Day Eligible employees shail receive pay for each of the holidays listed above, on which they perform no work. On holidays that the employee does perform work, the employee will . be compensated at rime and one-half for the hours worked, in addition to the holiday pay. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shali be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. • 15.2 The floating holidays set for[h in Section 15.1 above may be taken at any time during the fiscal yeaz, subject to the approval of the department head. For the purpose of this article the "fiscal yeaz" shall be the IRS payroli reporting yeaz. 153 Etigibility Requiremeats. In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an employee's name must appeaz on the payroll the last working day be£ore the holiday and on three other working days of the nine working days pzeceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is fiuther understood that neither temporary nor other employees not heretofore eligible shall receive holiday pay. ii ARTICLE 16 - VACATION 16.1 In each catendar year, each full-time employee shall be granted vacation according to the following schedule: Years of Service Less than 8 years After 8 years thru 15 years After 15 yeazs and thereafter Vacation Graated I S days 20 days 25 days 16.2 Employees who work less than full-time shall be granted vacation on a pro rata basis. 163 The head of the department may permit an employee to carry over into the following vacation yeaz up to one hundred twenty (120} hours of vacation. 16.4 The above provisions of vacation shatl be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 16.5 If an empioyee has an accumulation of sick leave credits in excess of one hundred and eighty days, he may convert any part of such excess to vacation at the rate of one-half day's vacation for each day of sick leave credit. 16.6 The masimum number of days' vacation allowed by the conversion of sick leave credits shall be no more than five days in any one year so that the maximum vacation time wluch may be taken in any one year shall be forty-five (45) days including the regulaz vacation period. ARTICLE 17 - GRIEVANCE PROCEDURES 17.1 The EMPLOYER shall recognize stewazds selected in accordance with I TNION rules and regulations as the grievance representative of the bazgaining unit.- The iINION shall notify the EMPLOYER in writing of the names of the Stewazds and of their successors when so named. 17.2 It is recognized and accepted by the EMPLOYER and the IJNION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shatl therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The stewazd involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, pmvided, the stewazd and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work prograzns of the EMPLOYER. 173 The procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. (To correct the rypo from the 1994-1996 contract.) � • � iz oo' ARTICLE 17 - GRIEVANCE PROCEDURES (Continued) � Crrievances shall be resolved in conformance with the following procedure: Step I. Upon the occurrence of an alleged violation of this AGREEMENT', the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and refeaed to Step 2 by the UTTION. The written grievance shall set forth the nature of the grievance, the facts on wluch it is based, the alleged section(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the iJNION within seven (7) calendar days of the first occurtence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendaz days after receiving the written grievance a designated Employer Supervisor shall meet with the Union Stewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the UI�IION within seven {7) calendaz days following this meeting. The LTI3ION may refer the grievance in writing to Step 3 within seven (7) calendaz days following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the • ITNION within seven (7) calendaz days following receipt of the EMPLOYER'S answer shall be considered waived. Step 3. Within seven (7) calendaz days following receipt of a grievance referred from Step 2 a designated Employer supervisor shall meet with the Union Business Manager or lus designated representative and attempt to resolve the grievance. Within seven (7) calendaz days following this meeting the EMPLOYER shall reply in writing to the iJNION stating the EMPLOYER'S answer conceming the grievance. If, as a result of the written response the grievance remains unresolved, the IJNION may refer the grievance to Step 4. Any grievance not referred to in writing by the iJNION to Step 4 within seven (7) calendaz days following receipt of the EMPLOYER'S answer shall be considered waived. Optional Mediation Step 1. If the grievance has not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendaz 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 30 days of the assignment. 2. Grievance mediation is an optional and voIuntary part of the grievance resolution • process. It is a supplement to, not a substitute for, grievance azbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to azbitration shall be delayed for the period of inediation. 13 ARTICLE 17 - GRIEVANCE PROCEDURES (Contianed) 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 ampte oppommity 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 parties, the mediator may issue an oral recommendation for settlement. Either party may request that the mediator assess how an azbitrator might rule in ttris 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. Uniess the parties agree otherwise, the outcome shall not be precedential. 6. If the grievance is not resolved and is subsequentiy moved to azbitration, such proceeding shatt be de novo. Nothing said or done by the parties or the mediator during grievance mediation with respect to their positions conceming resolution or offers of settlement may be used or referred to during azbitration. Step 4. If the grievance remains unresoived, the IJNION may within seven ('n calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER, request azbitration of the grievance. The azbitration pmceedings • shall be conducted by an azbitrator to be selected by mutual agreement of the EMPLOYER and the iJNION within seven ('� calendar days after notice has been given. If the parties fail to mutually agree upon an azbivator within the said seven (7} day period, either pazty may request the Public Employment Relation Boazd io svbmit a panel of five (5) azbitrators. Both the EMPLOYER and the iJNION shall have the right to str�ike two (2) names from the panel. T'he LINION shall strike the first (lst) name; the EMPLOYER shall then strike one (1) name. The process will be repeated and the rema;n;ng person shall be the arbitrator. I7.4 The azbitrator shali fiave no right to aznend, modify, nutlify, ignore, add to, or subtract from the provisions of this AGREEMENT. The azbitrator shall consider and decide only the specific issue submitted in writing by tfie EMPLOYER and the iJNTON and shaIl have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the eapress terms of this AGREENfENT and to the facts of the grievance presented. The decision of the azbitrator shall be final and binding on the EMPLOYER, the iJNION, and the employees. • 14 obla ARTICLE 17 - GRIEVANCE PROCEDURES (Continued) . 17.5 The fees and expenses for the azbitrator's services and proceedings shall be bome equally by the EMPLOYER and the i7NION, provided that each parry 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 foz the record. 17.6 The time limits in each step of ttris procedure may be ea�tended by mutual agreement of the EMPLOYER and the iJNION. ARTICLE 18 - SAVINGS CLAUSE 18.1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of St. Paul. In the event any provision of this AGREEMENT shall hold to be contrary to law by a court of competent jurisdiction from who final judgment or decree no appeal has been taken within the time provided, such provision shail be voided. All other provisions shall continue in full force and effect. ARTICLE 19 - SEVERANCE PAY • 19.1 The Employer shall provide a severance pay program as set fozth in this Article. Severance Pay Plan 1 19.2 To be eligible for the severance pay program, an employee must meet the following requirements: 19.2.1 The emptoyee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions of the Public Employees Retirement Association (PERA). 19.2.2 The empioyee must be voluntarily sepazated from City employment or have been subject to separation by lay-off or compulsory retirement. Those empioyees who aze discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligible for the City Severance pay program. 19.23 The employee must have at least ten (10) years of service under the classified or unclassified Civil Service at the time of segazation. Emgloyment with School District #625 will not be counted towazd the service requirement for employees hired after July 1, 1497. C� is ARTICLE 19 - SEVERANCE PAY (Continued) 19.2.4 The employee must file a waiver of reemployment with the birector of Human • Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type), with the City. 19.2.5 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of lus separation from service. 193 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 amovnt 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 Ieave subjecc to a maximum of 200 accrued sick leave days. 19.4 The maacimum amount of money that any employee may obtain through this severance pay program is $6,500. 19.5 For the purpose of this severance program, a death of an employee shall be considered as sepazation of employment, and if the employee would have met all of the requirements set fotth above, at the tune of his or her death, payment of the severance pay may be made to the employee's estate or spouse. 19.6 The manner of payment of such severance pay shall be made in accordance with the • provisions of City Ordinance No. 11490. 19.7 This severance pay program shall be subject to and govemed by the provisions of City Ordinance No. I 1490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the pmvisions of this article shall control. 19.8 An employee may, in any event, and upon meeting the qualifications of this article or City Ordinance No.11490, as amen@ed by City Ordinance No. 16303, section l, secfion 6, draw severance pay. However, an election by an employee to draw severance pay under either this article or tke ordinance shatl coastitute a bar to receiviag severance pay from the other. 19.9 The above Articles 19.1 through 19.8 apply only to employees hired prior to 7uly l, 1989. Severance Pay Plan 2 I9.10 Employees hired on or after July i, 1989 shall be covered by the provisions of the following Articles 19.11 through 19.16. 19.11 For employees hired on or after July 1,1989 the Employer shall provide a severance pay program as set forth in the following Articles 19.12 through 19.16. • 16 � ARTICLE 19 - SEVERANCE PAY (Continued) . 19.12 To be eligible for the severance pay program, an employee must meet the following requirements: 19.12.1 The employee must be 58 years of age or older or mvst be eligible for pension under the "rule of 90" provisions of the Public Employees Retirement Association (PERA). 19.12.2 The employee must be voluntarily separated from City employment or have been subject to sepazation, lay-offor compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligibie for the City severance pay program. 19.123 The employee must file a waiver of reemployment with the D'uector of Human Resources, which will cleazly indicate that by requesting severance pay, the empioyee waives all claims to reinstatement or reemployment (of any type), with the City. 19.12.4 The employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of his/her separation from service. To qualify for $10,000, the employee must have an accumulated balance of at least one hundred (100) days of sick leave credits at the time of his/her sepazation from • service. 19.13 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 ieave subject to a maximum of as shown below based on the number of yeazs of service with the City. Years of Service Maaimum with the City Severance Pay At Least 20 $5,000 21 $5,500 22 $6,000 23 $6,500 24 $7,000 25 $10,000 19.14 For the purpose of this severance program, 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. , 19.15 The manner of payment of such severance pay shali be made in accordance with the provisions of City Ordinance No. 11490. i� ARTICLE 19 - SEVERANCE PAY (Continned) • 19.16 This severance pay program shail be subject to and govemed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and ia such cases, the provisions of this article shall control. 19.17 Notwithstanding Section 19.9, employees appointed prior to Juty 1,1989, to a title covered by tkris agreement who meet the qualifications as defined in Severance Pay Plan 2(Sections 19.12 and 19.13), may elect to draw severance pay under the provisions of Severance Pay Plan 2(Section 19.13). An election by an employee to draw severance pay under one Section shall constitute a baz to drawing severance pay under any other provision set forth in this agreement. 19.18 Employees appointed on or a8er July 2, t989 to a title covered by this agreement shall not be eligible for any severance pian provisions other than the provisions as set forth in Severance Pay Plan 2(Sections 19.12 thiv 19.16). ARTICLE 20 - WAGE SCHEDULE 20.1 The wage schedule for purposes of this contract shall be Appendix A, attached hereto. 20.2 T'he Vehicle Mechanic Leadworker rate will be $1.02 per hour higher than the Vehicle Mechanic rate. • 203 The Welder Leadworker rate wiIl be$.29 per hour lrigher than the Welder rate. ARTICLE 21 - STRIKES, LOCKOUTS, WORK INTERFERENCE 21.1 The iJNION and the EMPLOYER agree that there shall be no strikes, work stoppages, slow-downs, sitdown, stay-in, or other concerted interference with the EMPLOYER'S business or affairs by any of the said IJNION and/or the members thereof, and there shall be no bannering during the e�cistence of this AGREEMENT without first using all possible means of peaceful settlement or any controversy which may arise. Employees engaging in same shall be liable for disciplinary action ARTICLE 22 - SICK LEAVE 22.1 Sick Leave With Pay. During any period in which an employee is absent from work on sick leave with pay, the employee shall not be employed or engaged in any occupation for compensation outside of his regulaz city employment. Violation of the provision of this pazagraph by any employee shall be grounds for suspension or discharge. 22.2 In the case of a serious illness or disability of an employee's child, the Employer shall grant leave of absence in accordance with State Legislation. Such leave shall be deducted � from the employee's accumulated sick leave credits. If the employee has no accumulated sick leave credits, such leave shall be granted without pay. is Ep ,a9� ARTICLE 22 - SICK LEAVE (Continued) � 223 In the case of a serious illness or disability of an employee's dependent, pazent or household member, other than a child, the head of the department shall grant leave with pay in order for the employee to caze for or make anangements for the caze of such disabled persons. Such leave shall be drawn from the employee's accumulated sick leave credits. Use of such sick leave shall be limited to forty (40) hours per incident. ARTICLE 23 - MATERNITY LEAVE 23.1 Matemity Leave. Maternity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the esrimated date of childbirth, as deternuned by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the EMPLOYER may approve such leave at its option, and such leave may be no longer than one (1) yeaz. ARTICLE 24 - SAFETY SHOES 24.1 Effective July l, 1999, the EMPLOYER agrees to pay $75.00 towazd the cost or repair of safety shoes purchased by an empioyee who is a member of this unit. The EMPLOYER shall contribute towazd the cost or repair of one pair of shoes per contract yeaz and shall � not be responsible for any additional cost for any shoes or repairs therea8er. This reimbursement of $75.00 shall be made only after investigation and approval by the immediate supervisor of that employee. This $75.00 EMPLOYER contriburion shall apply only to those employees who are required to weaz protective shoes or boots by the EMPLOYER. Over the life of this agreement, employees may cazry over $75.00 per year towazds the purchase of safety shoes. ARTICLE 25 - LAYOFF AND BUMPING 25.1 As of the effective date of ttus Agreement, all Vehicle Mechanics and Vehicle Mechanics (Heavy Truck & Equipment) in ali Departments other than Fire and Police shall be considered Vehicle Mechanics (Heavy Truck & Equipment). Further, Vehicle Mechanic (Heavy Truck & Equipment) class seniority shall be based on all continuous time served in regulaz or probationary status as a Vehicle Mechanic and Vehicle Mechanic (Heavy Truck & Equipment) since the last date of appoinhnent to either class. 25.2 For purposes of layoff the Employer shall determine the location and number of employees to lay off. Upon the effective date of layoff, a Vehicle Mechanic (Heavy Truck & E�uipment), Vehicle Maintenance Worker (Heavy} and Welder may bump the least senior Vehicle Mechanic (Heavy Truck and Equipment), Vehicle Maintenance Worker (Heavy), and Welder, respectively, Citywide, excluding the Police and Fire Departrnents and Independent School District No. 625. i 19 ARTICLE 25 - LAYOFF AND BiJMPING (Continued) An employee exercising a bump across Department lines shall serve up to six (6) months � probation in the Deparhnent to wtrich he/she bumps. An employee who does not pass probation shall be laid off. The provisions of this section shall not be subject to Article 17, Grievance Procedure. 253 In the event that the Employer merges gazage operations, the seniority lists of the affected classes for those merged operations only shall be merged. � � 3�7 D����� ARTICLE 26 - DURATION AND EFFECTIVE DATE • 261 The Employer and the Union acknowledge that during the meeting and negotiating which resuited in this Agreement, each had the right and opporlunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right aze fully and completely set forth in tlus agreement. Any and all prior agreements, resolutions, practices, policies or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this A�eement are hereby superseded. In those azeas where Civil Service Rules are not inconsistent with this Agreement the Civil Service Rules shall continue to be in effect. 26.2 Except as herein provided, this Agreement shall be effective as of the date it is executed by Yhe parties and shall continue in full force and effect through June 30, 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 Public Employment Labor Relations Act of 1984. Any retroac&vity shall be owed only to employees who continue to be employed by the CiTy at the time tkus Collective Bargaining Agreement is approved. 263 This constitutes a tentafive agreement between the parties wluch will be recommended by • the D'uector of Labor Relations, but is subject to the approval of the Adtninistration of the City, the City Council and is also subject to ratification by the Union. WITNESSES: DISTRICT LODGE NO. 77, INTERNATIONAL A5SOCIATION OF MACHINISTS AND CITY OF SAINT PAUL AEROSPACE WORKERS AFL-CIO , � 7/�-� /' BY: �� ��^-�- Date: 3�l ��a BY: �+ `f (/�/ f.�y'Uate: Pd 97l7? Te�rry Haltiner � G Schmidt Labor Relations Manager Business Representative • A-1 6Q � a9 � . APPENDIX A The Wage increases agreed to by the Union and Employer aze: A two and five tenths percent (2.5%) across the �oazd increase as of July 1, 1999, and a three and two tenths (3.2%) across the board increase as of July 1, 2000. The wage rates and salary ranges for classifications in this unit aze shown below: 07/01l1999 07/01/2000 Auto Body Repairer $ 20.08 $ 20.72 Machinist $ 20.08 $ 20.72 Mechanic Welder $ 20.08 $ 20.72 Tootmaker - Water Utitity $ 21.fi9 $ 22.38 Vehicle Mechanic $ 20.08 $ 20.72 Vehicle Mechanic (Hvy Tr 8� Eq) $ 20.08 $ 20.72 Vehicie Mechanic Lead Worker $ 21.13 $ 21.81 Welder $ 20.08 $ 20.72 Welder Leadworker $ 20.38 $ 21.03 • Start 07/01/1889 07/01/2000 Equipment Repairer $ 16.98 $ 17.52 Fire Building Repairer $ 16.98 $ 17.52 Fire Equipment Servicer $ 16.98 $ 17.52 Marina Mechanic $ 16.67 $ 17.20 Tra�c Maintenance Wrkr prior to 7/1/91 $ 16.98 $ 17.52 Tra�c Maintenance Wrkr after to 7/1/91 $ 14.97 $ 15.45 Vehicle Mntnce Wrkr (Hvy) prior to 7/1i91 $ 16.98 $ 17.52 Vehicle Mntnce Wrkr (Hvy) after to 7/1/91 $ 14.97 $ 15.45 •Vehicle Mntnce Wrkr (Light) $ 15.93 $ 16.44 6 Months 07/01/1999 07(01f2000 $ 17.78 $ 18.35 $ 17.78 $ 18.35 $ 17.78 $ 18.35 $ 20.46 $ 21.11 $ 17.78 $ 18.35 $ 15.65 $ 16.15 $ 17.78 $ 18.35 $ 15.65 $ 16.15 $ 16.65 $ 17.18 S�vt 6 Nbnttrs 07/01l1999 07/01/2000 O7/01/1999 07/01/2000 Parfs Runner $ 11.22 $ 11.58 $ 12.13 $ 12.52 Corrrn Tech Helper $ 12.20 $ 12.59 $ 12.48 $ 12.88 Vehicle Mechanic Trainee First 2,000 hours 60% of the Vehicle Mechanic base rate Third 1,000 hours 65% of the Vehicle Mechanic base rate Fourth 1,000 hours 70% of the Vehicle Mechanic base rate FRh 1,000 hours 75% of the Vehicte Mechanic base rate Sixth 1,000 hours 80% of the Vehicle Mechanic base rate Seventh 1,000 hours 85% of the Vehicle Mechanic base rate Eighth 1,000 hours 90% of the Vehicle Mechanic base rate C� 1 Y�r 07/01/1999 07l01/2000 $ 13.08 $ 13.50 $ 13.08 $ 13.50 A-2 ORiGINAL Presented Referred To RESOLUTION r�lTY OF SAINT PAUL, MINNESOTA � 1 i ,I� �n tC�o.v�°1- Council File # pp .�:qZ Green Sheet # 08918 Committee Date � • 1 2 3 RESOLVED, tha# the Council of the City of Saint Paul hereby approves and ratifies the attached July 1, 1999 through June 30, 2001 Labor Agreement between the City of Saint Paul and District Lodge No. 77, International Association of Machinists and Aerospace Workers AFL-CIO. Requested by Department of. Benanav � Blakey � Bostrom � Coleman � Hazris � Lantry �/ Adopted by Council: Date � �, _ � \ � �-p o � Adopuon Certified by Council Secretary � Appx � Office of Labor Relations By: V� l� i M� -P lJ1,Fl/l/I.t/1/ —N--�--�— Form ApproNed by City Attomey By: , �a✓�� 3 �2` `a� Approved by ayor for Submission to Council BY: � 9�11�it, �J ��i� !3� DEPARTMENT/OFFICE/COUNCIL: DATE INITTATED GREEN SHEET NO.: 08918 LABOR RELATIONS March 21, 2000 b O- e'1-'t � CONTACf PERSON & PAONE: � wtTlAi/DnTE IIal77niJnn'iE JITLIE KRAUS 266-6513 � 1 D�r,�x nm � a crrY covricn, �Ex ZcrrYnrrox�� crrYCi,�x MI7ST BE ON COUNCII, AGENDA BY (DATE) FOR BUDCEf DIR FIN. & MG?. SERVICE DII2. ROUTING 31�1A5'OR(ORASST.) ��3'N ORDER �� • TOTAL # OF SIGNATURE PAGES_I (CLIP ALL LOCATTONS FOR SIGNATURE) acrioN xeQUESrEn: Tlus resolution approves the attached July 1, 1999 through June 30, 2001 Labor Agreement between the City of Saint Paul and the District Lodge No. 77, International Association of Machinists and Aerospace Workers AFL-CIO. RECOMAg�NDA1TONS: Appmve (A) or Reject (R) PERSONAI, SERVICE CONTRACl'S 111I75T ANSWER TIiE FOLLOWING QUESTTONS: _PLANNING CAhi��IISSION _CIViL SEAVICE COMbASSION 1. Has this persoNStm ever worked under a conVact for this depaztment? _CIB COMMITI'EE Yes No _STAFF 2. Has tLis person/fvm ever been a city employee? DIS7RICT COURT � Yes No SUPPORTS WffiCA COUNCIL OBJECTIVE? 3. Does this pe(sonffum possess a skill not mmialiy possessed by any ouaent city employee? Yes No Ezplaiu all yes answers on separate sheet and attach to grren sheet INITIATING PROBLEM, ISSUE, OPPORI'UATfY (Whq W6ay When, Where, wn The Labor Agreement with the District Lodge No. 77, Intemarional Association of Machinists and Aerospace Workers, AFL-CIO had expired. The City is required to negotiate with the Bazgaining Unit. nnvaNrncES iF arrxovEn: An Agreement through good faith collective bazgaining will be in place through June 3�, 2Q01. Further establishing a pattem for Employer contributions toward insurance premiums in the yeaz 2001. DLSADVANTAGES IF APPROVED: NOriC . n�sanv,wracES � xor nrrxovEn: The relationship between this unit and the City wouid be sirained. Could work to the disadvantage of the City in controlling the rising cost of Health Insurance by establishing a pattem of capping the Employer's share of the increase. � TOTAL AMOi3NT OF TRAi35ACTiON: S CO5i'lAEVENOE BUDGETED: FUNDING 50URCE: ACTMTY NUMBER: FINANCIAL IlVFORMATiON: (EXPLAIIV) �p�+� �es��ru?� Center ��R 2 � 2600 � � � . _�.;_,__ Qo -aq� ATTACFIMENT TO T`HE GREEN SHEET District Lodge No. 77 International Association of Machinists and Aerospace Workers AFL-CIO Below is a suuimary of the changes in the Collecfive Bazgaining Agreement between the City and the District Lodge No. 77 Intemational Association of Machinists and Aerospace Workers AFL-CIO. The new contract is for the period of July 1, 1999 through June 30, 2001. Wages: 1999: 2.5% 7/1/1999 2000: 3.2% 7/1/2000 *Wage nnplementation dates Health Insurance: 2000: Single $260.00 per month Family $376.66 per month 2001: Single $260.00 per month Family $376.66 per month, plus an amount equal to the 2001 single health insurance premium increase up to forty dollars ($40) per month, if the 2001 single heaith insurance premium increase is over forry dollazs ($40), the Employer will contribute 50% of the amount over forty dollars ($40). The single contribution is frozen for 2000 and 2001. The agreement calls far a Tool Allowance for all employees that are expected to supply their own tools. The amount per employee is $475 a year. As a result of issuing the Tool Allowance, the program of Tool Replacement by the City will be eliminated. The City will no longer replace lost or damaged tools. The Union members that aze not part of the Tool Allowance program will haue an increase in the amount available for Safety Shoes. This will be an increase of twenty five dollazs ($25) per member that is available for reimbursement. The shoe allowance is cumulative over the two years of the contract. Q o -�.q� Attachment to the Green Sheet District Lodge No. 77 International Association of Machinists and Aerospace Workers AFL-CIO Page 2 Costs: 1999 2000 Wages $54,54730 $69,820.54 Health Insurance $5,920.56 $11,520.00 Tool Allowance $14,725.00 $0.00 Increase in Shoe Allowance $650.00 0.00 Total: $ $75,842.86 $81,340.54 Language Changes (summary) The contract includes other changes to contract language which are housekeeping in nature. m � �0 N N N N U W a C W T d 0 W 'a a' O C � 3 u � W � O i � • � • Q • • ¢ • • • > _ = o # w w w w w w w w w w w 6 m a � m �`o m � m � m m m a � ° n r � � 0� � y � � � W ° .°. m a o ui vi ° ° 5 ° `m m � -�` m `o � 'm � = E i ° �� v'_ m° E � � in_ w � m - o Po _ o a a o q y o 5 u o � u �� o`m o" `o n m� m a E `m `m en xi »°- en U �n m en m fn m` en m en ' ei a ei E Z m R F E y° 3 3 3 c 3� 3� 3� 3 y 3 m 3� 3 E 3 U � E � � m O Z Z Z U Z K 2- Z� Z� Z P Z(J Z(J Z`o F LL e o m F- UJ Q Q Q N H M N � w Z � N H Q m �[] in N ��(1 vl N �c�I �[] H � N y J� � O W 41 p U y Cp `p N p 0 � �� m� � ^ V .C A �N � F y y m ~ ' � r�n a in n �� p � �� N m w � � m o� y c u u � v � v� m� m� m m m � m E m o d d � 6 O l6 O N N N W N R� fG � R O W U lE R 0 6] V m U G] C m� Vl C L1 ❑ 0(J 0 U 0 O RI 0 N m N O W O � � N OJ N Q ' 1 a ' ' 0 e N N � O � � Z Z 0 � O M N N (9 p (9 f9 fA W N Vf W W M Q tl1 � l7 ('�l m � M < C R V C < < C V N � N u @ � ^ � '� A � c ° c A a Y � O (p O N U ��i (n p � a � 0 J (9 W � A O C � 0 o p � � a a � a N O t� o � ,�O [� F'Q � N o'� ,�o n m m o� y a) A wen es wU wm wm` w w ea� fn ` vin �n E zm tn E d v 3 3 3 c 3 3� 3 9 3� 3� 3�� 3 E 3�j � E � A� Y'm d m u o d S v�+ w �+ u� m� u d o u ❑ Z Z Z U Z K Z 5 Z 5 Z 5 Z � Z U Z(J Z`o H� e h in � N n ` W fJ N N� � � V! � C m N N Q Q Q N el N !! 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N V N N Z -L � � w Q M H K W M N W W H N 0 m Q N Y] N � N� 0 O N th V b N � � � � � � � � N N N N N O �p � � � J d w N � (n Q U 6 d O C N N � j N C 0 Y � C 0" U � E N U 3� r o m n E o � in � w o'q �� ` � .c i�, O a a O j y o O U � U O� O'� � R O� o d d A � � N Q e� r. e» ° xa U w m �» `�o «» m rA � xa � w a �» o � m m LL v m m 3 3 3'�" 3: 3 N 3� 3� 3 d 3 r 3 E 3 ti A o � � y Y p zz ZU ztt z � z= z � z O z U ZU z`o F �i e � � N � � � m m ' N a N Q N _ � N Z � Z w w w w w w w N N � N fO n N� � � � � 0 y � E o - °� R o m o `� q �° q m � m � m � U U � � " m � R O� � 7 a U N J L � W � 'C d W N � N a N a � A �� - N m � n m o > c m N N C M c w� N 3 N? d m` N w N ry 6 6 O @ 16 N R'/� � 0 0 U 0 U N O m m O rtl m U T(J m� u] � m _ F 0 E a � E J P C N a � E J r `m O m c m o m N > O m e m N N � a d N � N ? c v � e m 00 -iqa- ±' m} _ �- . � 60-�=1�- � � � JULY �,1999 THROUG� �J�TNE 30, 200t � _ . � � � �. LABOR AGREEMENT " _ BETWEEN _ : THE CITY OF SAINT PAUL � � � - AN� � � � - ' DIS'�'RICT LQI}GE NO. 77 IN'T�Rl�iA�'IUNAL ASSOCIA'��ON OF MACHINISTS ' , _. , , _ �. , AND A�R4SPACE �?4�ORKE:RS AFL-G�O �� �- � � � �. , � � � _ � _ � � � _. :.- P - „ _ . � _ � °� ��� � � - - - � � �-+�- nvnEx ARTICLE TITLE PAGE 1 Recognition ......................................................1 2 Definirions .......................................................1 3 Maintenance of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Check Off and Administrative Service Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Union Rights .....................................................3 6 Management Rights ................................................3 7 Discipline ........................................................4 8 Hours, Overtime Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9 Tool Insurance and Clothing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Jury Duty ........................................................6 11 LegalServices ....................................................7 12 City Mileage ......................................................7 13 Active Employee Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 14 RetireeInsurance .................................................10 15 Holidays ........................................................11 • 16 Vacation ........................................................12 17 Cmevance Procedures .............................................12 18 Savings Clause ...................................................15 19 Severance Pay ...................................................15 20 Wage Schedule ...................................................18 21 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 22 Sick Leave ......................................................18 23 Maternity Leave ..................................................19 24 Safety Shoes .....................................................19 25 Layoffand Bumping ..............................................19 26 ' Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 AppendixA .................................................... A1 • i oa�� • AGREEMENT BE'I'WEEN THE CITY OF SAINT PAUL AND DISTRICT LODGE #77, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO This AGREEMENT has been entered into between the City of Saint Paul, hereafter referred to as the EMPLOYER, and District Lodge #77, Intemafional Association of Machinists and Aerospace Workers AFL-CIO, hereafter referred to as the iJNION. This AGREEMENT has as its purposes, the promotion of hannonious relations between the EMPLOYER and the UNION, the estabiishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above objectives in full compliance with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1984, as amended. • C� ii � i� � ARTICLE 1- RECOGNITION • 1.1 The EMPLOYER recognizes the IJNION as the sole and exciusive bazgaining agent for the purposes of establishing wages, benefits, hours and other conditions of employment for ail of its employees as outlined in the certificauon by the State of Minnesota, Bureau of Mediation Services, dated Augast 15,1973, in case No. 74-PR-77-A, and as set forth below: All regular, probationary, and provisional vehicle and equipment maintenance personnel who aze employed by the City of St. Paul or who have their "terms and conditions of employment" established by the governing body of the City of St Pau] in the classifications of Auto Body Repairer, Communicarions Technician Helper, Equipment Repairer, Fire Buildings Repairer, Fire Equipment Servicer, Machinist, Marina-Mechanic, Mechanic-Welder, Parts Runner, Tool Maker - Water Utility, Traffic Maintenance Worker, *Vehicle Maintenance Worker (Light), Vehicle Maintenance Worker (Heavy), Vehicle Mechanic, Vehicle Mechanic (Heavy Truck & Eqaipment), Vehicle Mechanic Leadworker, Vehicle Mechanic Supervisor, Vehicie Mechanic Trainee, Welder and Welder Leadworker, excluding supervisory, confidential, temporary, emergency and employees exclusively represented by other labor or employee organizations. • 1.2 The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classifications set forth in this agreement shall be recognized as a part of this bazgaining unit, and the parties shail take all steps required under the Public Employment Relations Act to accomplish said objective. ARTICLE 2 - DEFINITIONS 2.1 Collective Bazgaining. The EMPLOYER will bazgain collectively with the LTNION with respect to rates of pay, hours and conditions pertaining to employment for all of the employees in the unit hereinbefore set forth. 2.2 Discrimination. The EMPLOYER will not interfere with, restrain or coerce the employees covered by this AGREEMENT because of inembership in or activity on behalf of the IJNION. The EMPLOYER will not discriminate in respect to hire, tenure of employment or any term or condition of employment against any employee covered by this AGREEMENT because of inemberslvp in or activity on behalf of the iJNION, nor will it discoutage or attempt to discourage membership in the IJNION, or attempt to encourage membership in another Union. C� i ARTICLE 2 - DEFII�TITIONS (Continued) 23 Tlxis AGREEMENT shall designate and define benefits with the exception of pension benefiu that shall be granted to the employees by the EMPLOYER. If subsequent to this AGREEMENT, any govetning body passes a provision which shall create a cost benefit for a employee in this unit, the cost of such benefit shall be paid by the employee until such time as the responsibility of the cost is subsequently negotiated. This provision shall not compel either parry to reopen negotiations during the course of an earisting contract. ARTICLE 3- MAINTENANCE OF STANDARDS 3.1 The parties agree that a11 conditions of employment relating to wages, hours of work, overtime differentials, vacations, and atl other generat working conditions shall be maintained at not less than the lughest m;nir�,um standard as set forth in the Civil Service RuIes of the City of Saint Paui, (Resolution No. 3250} and the Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this AGREEMENT, and the conditions of employment shall be improved wherever specific provisions for improvement aze made elsewhere in this AGREEMENT. ARTICLE 4- CHECK OFF AND ADMINISTRATIVE SERVICE FEE 4.1 Dues. "Fhe BMPLOYER agrees to deduct the iT1QION membership dues once each month from the pay of those employees who individually raquest in writing that such deductions be made. The amounts to be deducted shall be certified to the EMPLOYER by a representative of the ITNION and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions aze made or as soon thereafter as is possible. 4.2 Fairshare. Any present or future employee who is not a iJNION member shall be required to contribute a fair share fee for services rendered by the LJNION. Upon notification by the iTNION, the EMPLOYER shall check off said fee from the earnings of the employee and transmit the same to the tTNION. In no instance shall the required contribu6on exceed a prorata shaze of the speeific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. TJris provision shall remain operative only so long as spec�catly provided by Minnesota law and as otherwise legal. � • • ��,�a ARTICLE 4- CI�ECK OFF AND ADMII�TISTRATIVE SERVICE FEE , (Continued) 43 The Union agrees that an administrative fee of $6.00 per employee, per yeaz shall be deducted by the employer from the employee's eamings. Tbis annual deduction shall be made from the first paycheck received in January of each year. 4.4 The iJNION will indemnify, defend and hold the EMPLOYER harmless against any claims and all suits, orders or judgments brought or issued against the EMPLOYER, its officers or employees, as a result of any action taken or not taken by the EMPLOYER under the provisions of this section. ARTICLE 5 - UNION RIGHTS 5.1 The iJNION may designate employees within the bazgainnig unit to serve as Union Stewards. 5.2 The iJNION shall furnish the EMPLOYER and appropriate department heads with a list of Stewazds and alternates, and shall, as soon as possible, notify said appropriate City officials in writing of any changes thereto. Only those who aze Stewazds shall be recognized by the EMI'LOYER for the purpose of ineetings. �J ARTICLE 6 - MANAGEMENT RIGHTS 61 The iJNION recognizes the right of the EMPLOYER to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. T'he rights and authority which the EMPLOYER has not officially abridged, delegated, or modified by this AGREEMENT aze retained by the EMPLOYER. 6.2 A public employer is not required to meet and negotiate on matters of inherent manageriat policy, which include, but aze not limited to, such azeas of discretion or policy as the functions and programs of the EMPLOYER, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. � ARTICLE 7 - DISCIPLINE 7.1 The EMPLOYER will discipline empioyees for just cause oniy. Discipline wiIl be in the form of: a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge. 7.2 Employees and the iJNION will receive copies of written reprimands and notices of suspension and dischazge. 73 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or tJNION may request, and shatl be entitled to a meeting with the Employer Representative who iaitiate@ tke suspension with intent to dischazge. During said five (5) day period, the EMPLOYER may affirm the suspension and dischazge in accordance with Civil Service Rules or may modify, or withdraw same. u ARTICLE 8- HOURS, OVERTIME PAY 8.1 Hours of Employment: The assigned normal work day shall be 8 hours • excluding .5 hour for lunch in any twenty-four hour period and 40 hours in any seven-day period. (For employees on a shift basis, this shall be constnxed to rnean an average of forty hours a week.) The normal work week shall consist of five consecurive normal work days. 8.2 Notwithstanding Article 8.1, a Department Head and the Union may mutually agree in writing to establish a normal work day of ten (10) consecutive hours, excluding a thirty (30) minute Iunch period, and a normal work week of four (4) consecutive work days in a seven ('n calendar day period. A Department Head may unilaterally cease a ten (10} hour work day, four (4) day work week with five (5) working days notice to the Union if such a schedule does not meet the operating needs of the affected Department. 83 Call-in-Pay: Wken an employee is called to work he shall receive two hours' pay if not put to work. If he is called to work and commences work, he shall be guaranteed four hours pay. These provisions, however, shatl not be effective when work is unable to proceed becavse of adverse weather conditions. • oD .�.qa ARTICLE 8- AOURS, OVERTIME PAY (Continued) • 8.4 Overtime: Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by order of the head of the depar�ent. Overtime will be assigned based on a mtating opportunity preset-set by class seniority among all eligible personnel in the affected division having the skills necessary for the job. In the beginning of each calendar year, the rotation for overtime opportunities will begin with the most senior employees. The individual may accept or decline. The ne�rt opportunity for overtime will go to the ne�rt person on the list who may accept or decline. This will continue until the end of the list is reached and will again start over with the most senior person. If an employee is bypassed foz overtime to which hefshe would have been entitled, the employee will have the opportunity, whenever possible but subject to supervisory approval, to make up the overtixne before the end of the nea�t payroll period, at a time convenient to the employee. The Employer reserves the right to deviate from the aforementioned process in emergencies or in such situations where following such process would be detrimental to the operation of the affected unit. Class seniority shall be the determining factor in shift assignment, however, the Employer will not be required to • accept the most senior bidder or to assign the least senior employee when considering such factors as the duration of assignment and the productivity needs of the affected unit. Qualifications will be deternuned by the Employer based on requirements of the job, actual job performance and Civil Service certification. 8.5 An employee sha11 be recompensed for work done in excess of the normal hours by being granted compensatory time on a tune-and-one-half basis or by being paid on a time-and-one half basis for such overtime work. The basis on wlvch such overtime shail be paid sha11 be determined solely by the EMPLOYER. • ARTICLE 9- TOOL INSURANCE AND CLOTHING 9.1 The EMPLOYER will provide five changes of coveralls or five changes of shirts and pants per week. The Departrnent shail substitute coveralls for shirts and pants and vice versa at the employee's requesrt. Employees may request such substitution no more than two times within a calendar year. 9.2 Employees in the following classifications; Vehicle Maintenance Worker (Heavy), #Vehicle Maintenance Worker (Light), Marina Mechanic, Mechanic-WeIder, Vehicle Mechanic, Auto Body Repairer, Vehicle Mechanic Lead Worker, and Velucle Mechanic (Heavy Truck & Equipment), shall receive a Tool and Shoe Allowance in the following manner. � 9.2(A) Effective 7/1/1999, for safety shoes, the amount of seventy-five dollazs ($75). This amount will be retroactive to the date of the beginning of the contract, 7/1/1999. 9.2(B) Effective 1/1/2000, the employees designated in section 9.2 shall be paid a tool allowance in the amount of two-hundred dollazs ($200.00). 9.2(C) Effective 7/1/2000, the empioyees designated in section 9.2 shall be paid a Tool and Shoe ailowance in the amount of four-hundred and seventy-five dollazs ($4�5.00). 9.2(D) Employees not designated in section 9.2, shall receive shoe allowance as designated in Atticle 24 - Safety Shces. • 9.2(E) Employees need to keep an accurate, up-to-date inventory of tools kept at the worksite. In the event that the entire tool set is stolen or if the worksite itself is damaged and the tools aze not salvageable, the Employer agrees to replace the tools, in excess of $475.00, that aze listed on the inventory previous to the date of the event. Initiating and updafing the inventory is to be done on the employee's own time. ARTICLE 10 - JURY DUTY 1 Q.1 Any employee who is required during his regular workiag hours to appeaz in court as a juror or witness except as a witness in lris own behalf against the City, shall be paid his regulaz pay while he is so engaged, provided however, that any fees that the employee may receive from the court for such service shall be paid to the City and be deposited with the City Finance D'uector. Any employee who is scheduled to work a skuft, other than the normai daytime sIuft, shall be rescheduled to work the normat daytime shift during such time as he is required to appeaz in court as a juror or witness. � o� �a � ARTICLE 11- LEGAL SERVICES • 11.1 Except in cases of malfeasance in office or willful or wanton negiect of duty, or indifference to rights of others, the EMPLOYER shall defend, save harmless and indemnify an employee against tort claim or demand whether groundless or otherwise arising out of alleged acts or omission occurring in the performance or scope of the employee's duties. 11.2 Notwithstanding the provisions of Secuon 11.1, the Employer shall not be required to defend or indemnify any employee against personal liability, or damages, costs or expense (a) resulting from a claim, suit, verdict, finding, determination or judgment that the employee has committed an intentional tort or torts, including but not limited to slander, libel and/or other defamatory harms; or (b) arising out of cross claims, counterclaims, affirmative defenses, and/or sepazate actions brought against such employee in response to or resulting from claims, aliegations, demands or actions (whether or not litigation was actually commenced) brought, made or instituted by such employee. 11.3 Notwithstanding the provisions of Section 11.1 or 11.2, the Employer may at its sole discretion defend an employee against allegations, claims, demands or actions wholly or in part based on or arising out of claimed intenrional torts, and in such cases, the employee consents to the extent lawfully pezmitted to such representation without regard • to actual or potential conflicts of interest. 11.4 Each employee, within 20 days after receiving notice of (1) a tort claim or demand, action, suit or proceeding against him or her, and (2) a judgment, verdict, fmding or determination, either of which arises out of alleged or found acts or omissions occurring in the performance or scope of the employee s duties, shall notify the City by giving written norice thereof to the City Clerk. ARTICLE 12 - CITY MILEAGE 12.1 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 automobiles in the performance of their duties, the foliowing provisions aze adopted. 12.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. If an employee is required to use his/her own automobile during employment, the employee shali be reimbursed at $.27.5 per mile for each mile actually driven. 123 The City will provide pazking at the Civic Center Pazking Ramp for City employees who • are required to have their personal caz available for Ciry business. Such pazking will be provided only for the days the employee is required to have his or her own personal car available. ARTICLE 12 - CITY MILEAGE (Continued) 12.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the • procedures for automobile reimbursement, such regulations and rules shail contain the requirement tbat recipients shall file daily reports indicating miles driven aad shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobite liabiIity in�,rance in amounts of not less than $100,000/$300,000 for personat injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the City Cierk. ARTICLE 13 - ACTIVE EMPLOYEE INSURANCE 13.1 The insurance plans, premiums for coverages and benefits contained in the in�,ra„ce 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 ptans agree to accept any changes in benefits which a specific provider implements. The Employer's Cafeteria Plan Document and IRS rules and regulations shall govem the Employer provided health and welfaze benefit program. 13.2 For the purpose of this Article, full-time employment is defined as appearing on the . payroll an average of at least 32 hours per week for the immediately preceding twelve (12) month period ending June 30th. Three-quarter time employment is defined as appearing on the payroll an average of at least 26 hours per week but tess than 32 hours per week for the immediately preceding twelve (12) month period ending June 30th. Hatf-time empIoyment is defined as appearing on the payroll an average of at least 20 hours per week but less than 26 hours per week for the immediately preceding twelve (12) month period ending June 30th. The above determination shall exclude periods of layoff and approved unpaid leave of absence when the empIoyee ret�uns to the same position and empioyment condition. The Employer shall deternune the rime status of a new or changed position based on the above definitions as to fu1I-time, fhree-quarter or half-time employment. 133 Effective January i, 2000, the Employer agrees to contribute, for full-time employees, $260.00 per month toward the cost of single health insurance coverage under the "Cafeteria Plan." For tluee-quarter time employees the Employer's contribution shali be • $195.00 per month. For haif-time employees the Employer's contribution shall be $130.00 per month. p � .aaa ARTICLE 13 - ACTIVE EMPLOYEE INSURANCE (Continued) � Effective January 1, 2000, the Employer's contribution towazd the cost of family health caze coverage for full-time employees shall be adjusted to $376.66 per month. For three- quarter time employees the Employer's contribution of family health care coverage shall be adjusted to $282.50 per month. For half-time employees the Employer's contribution of fanuly heaith care coverage shall be adjusted to $18833 per month. 13.4 Effective 7anuary 1, 2001, the Employer agrees to contribute, for full-time employees, $260.00 per month towazd the cost of single health insurance coverage under the "Cafeteria Plan." For three-quarter rime employees the Employer's contriburion shall be $195.00 per month. For half-time employees the Employer's contribution shatl be $130.00 per month. Effective 7anuary 1, 2001, the Employer's contribution towazd the cost of family health care coverage for full-time employees shall be adjusted to $376.66 plus an amount equal to the 2001 single health insurance premium increase up to foriy dollazs ($40) per month, if the 2001 single health insurance premium increase is over forty dollazs ($40), the Employer will contribute 50% of the amount over forty dollazs ($40). For three-quarter time employees the Employer's contribution of family health caze coverage shall be adjusted to $282.50 plus an amount equal to 75% of the increase for the full-time • employees per month. For half-time employees the Employer's contribution of family health caze coverage shall be adjusted to $188.33 plus an amount equai to 50% of the increase for the ful]-time employees per month. 13.5 Under the "Cafeteria Plan," all eligible employees regardless of the number of average hours worked must select at least single coverage hospital-medical insurance and employee life insurance in an amount of $5000. Any unused portion of the Employer's contribution for which an employee is eligible shall be paid to the employee as taxable income. Such payment will be made during the mornh of December for the Plan yeaz. For employees who temunate their employment with the City of Saint Paul, such payment shali be made within 90 days following ternunation. 13.6 For employees who become disabled and aze eligible for a disability pension &om a retirement fund to which the City of Saint Paul has contributed, the Employer shall contribute towazd the hospital-medical insurance program offered by the Employer in accordance with Article 14 of this Agreement. 13.7 The insurance benefits provided under this Article shall not apply to temporary or provisional employees. • ARTICLE 14 - RETIREE INSURANCE . 14.1 Full-tnne eligible employees must meet the following conditions at the time of retirement in order to be eligib2e for the Employer contribution toward the hospital-medicat insurance program offered by the Employer. 14.1.1 Have completed at least twenty-five (25) years of service with the City of Saint Paul. Employment with School District #625 will not be counted towazd the service requirement for employees hired after 07/Ol/97 toward yeazs of service for retiree health eligibi�ity. AND Be receiving a pension from a retirement fuad to which ihe City of Saint Paul has contributed. 14.2 For employees who were hired prior to July 1,1975 and who, at the time of retirement, meet the eligibility requirements set forth in Article 14.1.1, the Employer agrees to contribute, for the life of the retiree, the foIiowing: The full cost of the least expensive single premium for hospitai-medical insurance offered by the Employer. 143 For employees who were hired on or after 7uly 1, 1975, and who, at the time of • retirement, meet the eligibility requirements set forth in Article 14.1.1, the Employer will provide, for the life of the retiree, the full premium cost of the least expensive single health nvsurance coverage provided by the Employer at the time the employee retires. The City's contribution level shall remain constant, except that such contribution level shall be refigured at the full cost of the least expensive premium offered by the Employer at the time the retiree reaches age 65, if such date is after the date of retirement. For employees who retire and have not completed at least twenty-five (25) yeazs of service with the City at the time of their retirement, the Employer wi11 discontinue providing any health insurance contributions upon their retirement. 14.4 For employees who rerire who do not meet the eligibility requirements set forth in 24.1.1, the Employer shall not make any contributions toward inc��*a.+ce coverage. However, if such retiree has completed at least ten (10) years of service with the City of Saint Paul, he/she may purchase single and/or dependeat health in�.,ra„ce coverage through the Employer's insurance program. The total cost of such insurance coverage shall be paid by the retiree. 14.5 A retiree's participarion in the City's health insurance plan must be continuous. The retiree must be participating in a City fiealth insurance pIan at the time of retirement. If a retiree chooses not to pazticipate at the time of 1us/her retirement or if a retiree discontinues his/her participation at a later date, such retiree will not be eligible for any • future participation or for any Emptoyer contriburion. io � i� � � ARTICLE 14 - RETIREE INSURANCE (Continued) 14.6 In the event of the death of a retiree who is participating in the City's health inc�,rance program, the surviving spouse or dependent of the deceased may continue to participate in the City's health insurance plan at his/her own cost. Eligibility to continue to participate shall terminate when such spouse or dependent remazries or becomes eligible for group health insurance through any employer. ARTICLE 15 - HOLIDAYS 15.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Yeaz's Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Two floating holidays Labor Day Veterans' Day Thanksgiving Day Day after Thanksgiving Christmas Day Eligible employees shail receive pay for each of the holidays listed above, on which they perform no work. On holidays that the employee does perform work, the employee will . be compensated at rime and one-half for the hours worked, in addition to the holiday pay. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shali be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. • 15.2 The floating holidays set for[h in Section 15.1 above may be taken at any time during the fiscal yeaz, subject to the approval of the department head. For the purpose of this article the "fiscal yeaz" shall be the IRS payroli reporting yeaz. 153 Etigibility Requiremeats. In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an employee's name must appeaz on the payroll the last working day be£ore the holiday and on three other working days of the nine working days pzeceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is fiuther understood that neither temporary nor other employees not heretofore eligible shall receive holiday pay. ii ARTICLE 16 - VACATION 16.1 In each catendar year, each full-time employee shall be granted vacation according to the following schedule: Years of Service Less than 8 years After 8 years thru 15 years After 15 yeazs and thereafter Vacation Graated I S days 20 days 25 days 16.2 Employees who work less than full-time shall be granted vacation on a pro rata basis. 163 The head of the department may permit an employee to carry over into the following vacation yeaz up to one hundred twenty (120} hours of vacation. 16.4 The above provisions of vacation shatl be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 16.5 If an empioyee has an accumulation of sick leave credits in excess of one hundred and eighty days, he may convert any part of such excess to vacation at the rate of one-half day's vacation for each day of sick leave credit. 16.6 The masimum number of days' vacation allowed by the conversion of sick leave credits shall be no more than five days in any one year so that the maximum vacation time wluch may be taken in any one year shall be forty-five (45) days including the regulaz vacation period. ARTICLE 17 - GRIEVANCE PROCEDURES 17.1 The EMPLOYER shall recognize stewazds selected in accordance with I TNION rules and regulations as the grievance representative of the bazgaining unit.- The iINION shall notify the EMPLOYER in writing of the names of the Stewazds and of their successors when so named. 17.2 It is recognized and accepted by the EMPLOYER and the IJNION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shatl therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The stewazd involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, pmvided, the stewazd and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work prograzns of the EMPLOYER. 173 The procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. (To correct the rypo from the 1994-1996 contract.) � • � iz oo' ARTICLE 17 - GRIEVANCE PROCEDURES (Continued) � Crrievances shall be resolved in conformance with the following procedure: Step I. Upon the occurrence of an alleged violation of this AGREEMENT', the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and refeaed to Step 2 by the UTTION. The written grievance shall set forth the nature of the grievance, the facts on wluch it is based, the alleged section(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the iJNION within seven (7) calendar days of the first occurtence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendaz days after receiving the written grievance a designated Employer Supervisor shall meet with the Union Stewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the UI�IION within seven {7) calendaz days following this meeting. The LTI3ION may refer the grievance in writing to Step 3 within seven (7) calendaz days following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the • ITNION within seven (7) calendaz days following receipt of the EMPLOYER'S answer shall be considered waived. Step 3. Within seven (7) calendaz days following receipt of a grievance referred from Step 2 a designated Employer supervisor shall meet with the Union Business Manager or lus designated representative and attempt to resolve the grievance. Within seven (7) calendaz days following this meeting the EMPLOYER shall reply in writing to the iJNION stating the EMPLOYER'S answer conceming the grievance. If, as a result of the written response the grievance remains unresolved, the IJNION may refer the grievance to Step 4. Any grievance not referred to in writing by the iJNION to Step 4 within seven (7) calendaz days following receipt of the EMPLOYER'S answer shall be considered waived. Optional Mediation Step 1. If the grievance has not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendaz 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 30 days of the assignment. 2. Grievance mediation is an optional and voIuntary part of the grievance resolution • process. It is a supplement to, not a substitute for, grievance azbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to azbitration shall be delayed for the period of inediation. 13 ARTICLE 17 - GRIEVANCE PROCEDURES (Contianed) 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 ampte oppommity 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 parties, the mediator may issue an oral recommendation for settlement. Either party may request that the mediator assess how an azbitrator might rule in ttris 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. Uniess the parties agree otherwise, the outcome shall not be precedential. 6. If the grievance is not resolved and is subsequentiy moved to azbitration, such proceeding shatt be de novo. Nothing said or done by the parties or the mediator during grievance mediation with respect to their positions conceming resolution or offers of settlement may be used or referred to during azbitration. Step 4. If the grievance remains unresoived, the IJNION may within seven ('n calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER, request azbitration of the grievance. The azbitration pmceedings • shall be conducted by an azbitrator to be selected by mutual agreement of the EMPLOYER and the iJNION within seven ('� calendar days after notice has been given. If the parties fail to mutually agree upon an azbivator within the said seven (7} day period, either pazty may request the Public Employment Relation Boazd io svbmit a panel of five (5) azbitrators. Both the EMPLOYER and the iJNION shall have the right to str�ike two (2) names from the panel. T'he LINION shall strike the first (lst) name; the EMPLOYER shall then strike one (1) name. The process will be repeated and the rema;n;ng person shall be the arbitrator. I7.4 The azbitrator shali fiave no right to aznend, modify, nutlify, ignore, add to, or subtract from the provisions of this AGREEMENT. The azbitrator shall consider and decide only the specific issue submitted in writing by tfie EMPLOYER and the iJNTON and shaIl have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the eapress terms of this AGREENfENT and to the facts of the grievance presented. The decision of the azbitrator shall be final and binding on the EMPLOYER, the iJNION, and the employees. • 14 obla ARTICLE 17 - GRIEVANCE PROCEDURES (Continued) . 17.5 The fees and expenses for the azbitrator's services and proceedings shall be bome equally by the EMPLOYER and the i7NION, provided that each parry 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 foz the record. 17.6 The time limits in each step of ttris procedure may be ea�tended by mutual agreement of the EMPLOYER and the iJNION. ARTICLE 18 - SAVINGS CLAUSE 18.1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of St. Paul. In the event any provision of this AGREEMENT shall hold to be contrary to law by a court of competent jurisdiction from who final judgment or decree no appeal has been taken within the time provided, such provision shail be voided. All other provisions shall continue in full force and effect. ARTICLE 19 - SEVERANCE PAY • 19.1 The Employer shall provide a severance pay program as set fozth in this Article. Severance Pay Plan 1 19.2 To be eligible for the severance pay program, an employee must meet the following requirements: 19.2.1 The emptoyee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions of the Public Employees Retirement Association (PERA). 19.2.2 The empioyee must be voluntarily sepazated from City employment or have been subject to separation by lay-off or compulsory retirement. Those empioyees who aze discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligible for the City Severance pay program. 19.23 The employee must have at least ten (10) years of service under the classified or unclassified Civil Service at the time of segazation. Emgloyment with School District #625 will not be counted towazd the service requirement for employees hired after July 1, 1497. C� is ARTICLE 19 - SEVERANCE PAY (Continued) 19.2.4 The employee must file a waiver of reemployment with the birector of Human • Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type), with the City. 19.2.5 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of lus separation from service. 193 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 amovnt 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 Ieave subjecc to a maximum of 200 accrued sick leave days. 19.4 The maacimum amount of money that any employee may obtain through this severance pay program is $6,500. 19.5 For the purpose of this severance program, a death of an employee shall be considered as sepazation of employment, and if the employee would have met all of the requirements set fotth above, at the tune of his or her death, payment of the severance pay may be made to the employee's estate or spouse. 19.6 The manner of payment of such severance pay shall be made in accordance with the • provisions of City Ordinance No. 11490. 19.7 This severance pay program shall be subject to and govemed by the provisions of City Ordinance No. I 1490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the pmvisions of this article shall control. 19.8 An employee may, in any event, and upon meeting the qualifications of this article or City Ordinance No.11490, as amen@ed by City Ordinance No. 16303, section l, secfion 6, draw severance pay. However, an election by an employee to draw severance pay under either this article or tke ordinance shatl coastitute a bar to receiviag severance pay from the other. 19.9 The above Articles 19.1 through 19.8 apply only to employees hired prior to 7uly l, 1989. Severance Pay Plan 2 I9.10 Employees hired on or after July i, 1989 shall be covered by the provisions of the following Articles 19.11 through 19.16. 19.11 For employees hired on or after July 1,1989 the Employer shall provide a severance pay program as set forth in the following Articles 19.12 through 19.16. • 16 � ARTICLE 19 - SEVERANCE PAY (Continued) . 19.12 To be eligible for the severance pay program, an employee must meet the following requirements: 19.12.1 The employee must be 58 years of age or older or mvst be eligible for pension under the "rule of 90" provisions of the Public Employees Retirement Association (PERA). 19.12.2 The employee must be voluntarily separated from City employment or have been subject to sepazation, lay-offor compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligibie for the City severance pay program. 19.123 The employee must file a waiver of reemployment with the D'uector of Human Resources, which will cleazly indicate that by requesting severance pay, the empioyee waives all claims to reinstatement or reemployment (of any type), with the City. 19.12.4 The employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of his/her separation from service. To qualify for $10,000, the employee must have an accumulated balance of at least one hundred (100) days of sick leave credits at the time of his/her sepazation from • service. 19.13 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 ieave subject to a maximum of as shown below based on the number of yeazs of service with the City. Years of Service Maaimum with the City Severance Pay At Least 20 $5,000 21 $5,500 22 $6,000 23 $6,500 24 $7,000 25 $10,000 19.14 For the purpose of this severance program, 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. , 19.15 The manner of payment of such severance pay shali be made in accordance with the provisions of City Ordinance No. 11490. i� ARTICLE 19 - SEVERANCE PAY (Continned) • 19.16 This severance pay program shail be subject to and govemed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and ia such cases, the provisions of this article shall control. 19.17 Notwithstanding Section 19.9, employees appointed prior to Juty 1,1989, to a title covered by tkris agreement who meet the qualifications as defined in Severance Pay Plan 2(Sections 19.12 and 19.13), may elect to draw severance pay under the provisions of Severance Pay Plan 2(Section 19.13). An election by an employee to draw severance pay under one Section shall constitute a baz to drawing severance pay under any other provision set forth in this agreement. 19.18 Employees appointed on or a8er July 2, t989 to a title covered by this agreement shall not be eligible for any severance pian provisions other than the provisions as set forth in Severance Pay Plan 2(Sections 19.12 thiv 19.16). ARTICLE 20 - WAGE SCHEDULE 20.1 The wage schedule for purposes of this contract shall be Appendix A, attached hereto. 20.2 T'he Vehicle Mechanic Leadworker rate will be $1.02 per hour higher than the Vehicle Mechanic rate. • 203 The Welder Leadworker rate wiIl be$.29 per hour lrigher than the Welder rate. ARTICLE 21 - STRIKES, LOCKOUTS, WORK INTERFERENCE 21.1 The iJNION and the EMPLOYER agree that there shall be no strikes, work stoppages, slow-downs, sitdown, stay-in, or other concerted interference with the EMPLOYER'S business or affairs by any of the said IJNION and/or the members thereof, and there shall be no bannering during the e�cistence of this AGREEMENT without first using all possible means of peaceful settlement or any controversy which may arise. Employees engaging in same shall be liable for disciplinary action ARTICLE 22 - SICK LEAVE 22.1 Sick Leave With Pay. During any period in which an employee is absent from work on sick leave with pay, the employee shall not be employed or engaged in any occupation for compensation outside of his regulaz city employment. Violation of the provision of this pazagraph by any employee shall be grounds for suspension or discharge. 22.2 In the case of a serious illness or disability of an employee's child, the Employer shall grant leave of absence in accordance with State Legislation. Such leave shall be deducted � from the employee's accumulated sick leave credits. If the employee has no accumulated sick leave credits, such leave shall be granted without pay. is Ep ,a9� ARTICLE 22 - SICK LEAVE (Continued) � 223 In the case of a serious illness or disability of an employee's dependent, pazent or household member, other than a child, the head of the department shall grant leave with pay in order for the employee to caze for or make anangements for the caze of such disabled persons. Such leave shall be drawn from the employee's accumulated sick leave credits. Use of such sick leave shall be limited to forty (40) hours per incident. ARTICLE 23 - MATERNITY LEAVE 23.1 Matemity Leave. Maternity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the esrimated date of childbirth, as deternuned by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the EMPLOYER may approve such leave at its option, and such leave may be no longer than one (1) yeaz. ARTICLE 24 - SAFETY SHOES 24.1 Effective July l, 1999, the EMPLOYER agrees to pay $75.00 towazd the cost or repair of safety shoes purchased by an empioyee who is a member of this unit. The EMPLOYER shall contribute towazd the cost or repair of one pair of shoes per contract yeaz and shall � not be responsible for any additional cost for any shoes or repairs therea8er. This reimbursement of $75.00 shall be made only after investigation and approval by the immediate supervisor of that employee. This $75.00 EMPLOYER contriburion shall apply only to those employees who are required to weaz protective shoes or boots by the EMPLOYER. Over the life of this agreement, employees may cazry over $75.00 per year towazds the purchase of safety shoes. ARTICLE 25 - LAYOFF AND BUMPING 25.1 As of the effective date of ttus Agreement, all Vehicle Mechanics and Vehicle Mechanics (Heavy Truck & Equipment) in ali Departments other than Fire and Police shall be considered Vehicle Mechanics (Heavy Truck & Equipment). Further, Vehicle Mechanic (Heavy Truck & Equipment) class seniority shall be based on all continuous time served in regulaz or probationary status as a Vehicle Mechanic and Vehicle Mechanic (Heavy Truck & Equipment) since the last date of appoinhnent to either class. 25.2 For purposes of layoff the Employer shall determine the location and number of employees to lay off. Upon the effective date of layoff, a Vehicle Mechanic (Heavy Truck & E�uipment), Vehicle Maintenance Worker (Heavy} and Welder may bump the least senior Vehicle Mechanic (Heavy Truck and Equipment), Vehicle Maintenance Worker (Heavy), and Welder, respectively, Citywide, excluding the Police and Fire Departrnents and Independent School District No. 625. i 19 ARTICLE 25 - LAYOFF AND BiJMPING (Continued) An employee exercising a bump across Department lines shall serve up to six (6) months � probation in the Deparhnent to wtrich he/she bumps. An employee who does not pass probation shall be laid off. The provisions of this section shall not be subject to Article 17, Grievance Procedure. 253 In the event that the Employer merges gazage operations, the seniority lists of the affected classes for those merged operations only shall be merged. � � 3�7 D����� ARTICLE 26 - DURATION AND EFFECTIVE DATE • 261 The Employer and the Union acknowledge that during the meeting and negotiating which resuited in this Agreement, each had the right and opporlunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right aze fully and completely set forth in tlus agreement. Any and all prior agreements, resolutions, practices, policies or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this A�eement are hereby superseded. In those azeas where Civil Service Rules are not inconsistent with this Agreement the Civil Service Rules shall continue to be in effect. 26.2 Except as herein provided, this Agreement shall be effective as of the date it is executed by Yhe parties and shall continue in full force and effect through June 30, 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 Public Employment Labor Relations Act of 1984. Any retroac&vity shall be owed only to employees who continue to be employed by the CiTy at the time tkus Collective Bargaining Agreement is approved. 263 This constitutes a tentafive agreement between the parties wluch will be recommended by • the D'uector of Labor Relations, but is subject to the approval of the Adtninistration of the City, the City Council and is also subject to ratification by the Union. WITNESSES: DISTRICT LODGE NO. 77, INTERNATIONAL A5SOCIATION OF MACHINISTS AND CITY OF SAINT PAUL AEROSPACE WORKERS AFL-CIO , � 7/�-� /' BY: �� ��^-�- Date: 3�l ��a BY: �+ `f (/�/ f.�y'Uate: Pd 97l7? Te�rry Haltiner � G Schmidt Labor Relations Manager Business Representative • A-1 6Q � a9 � . APPENDIX A The Wage increases agreed to by the Union and Employer aze: A two and five tenths percent (2.5%) across the �oazd increase as of July 1, 1999, and a three and two tenths (3.2%) across the board increase as of July 1, 2000. The wage rates and salary ranges for classifications in this unit aze shown below: 07/01l1999 07/01/2000 Auto Body Repairer $ 20.08 $ 20.72 Machinist $ 20.08 $ 20.72 Mechanic Welder $ 20.08 $ 20.72 Tootmaker - Water Utitity $ 21.fi9 $ 22.38 Vehicle Mechanic $ 20.08 $ 20.72 Vehicle Mechanic (Hvy Tr 8� Eq) $ 20.08 $ 20.72 Vehicie Mechanic Lead Worker $ 21.13 $ 21.81 Welder $ 20.08 $ 20.72 Welder Leadworker $ 20.38 $ 21.03 • Start 07/01/1889 07/01/2000 Equipment Repairer $ 16.98 $ 17.52 Fire Building Repairer $ 16.98 $ 17.52 Fire Equipment Servicer $ 16.98 $ 17.52 Marina Mechanic $ 16.67 $ 17.20 Tra�c Maintenance Wrkr prior to 7/1/91 $ 16.98 $ 17.52 Tra�c Maintenance Wrkr after to 7/1/91 $ 14.97 $ 15.45 Vehicle Mntnce Wrkr (Hvy) prior to 7/1i91 $ 16.98 $ 17.52 Vehicle Mntnce Wrkr (Hvy) after to 7/1/91 $ 14.97 $ 15.45 •Vehicle Mntnce Wrkr (Light) $ 15.93 $ 16.44 6 Months 07/01/1999 07(01f2000 $ 17.78 $ 18.35 $ 17.78 $ 18.35 $ 17.78 $ 18.35 $ 20.46 $ 21.11 $ 17.78 $ 18.35 $ 15.65 $ 16.15 $ 17.78 $ 18.35 $ 15.65 $ 16.15 $ 16.65 $ 17.18 S�vt 6 Nbnttrs 07/01l1999 07/01/2000 O7/01/1999 07/01/2000 Parfs Runner $ 11.22 $ 11.58 $ 12.13 $ 12.52 Corrrn Tech Helper $ 12.20 $ 12.59 $ 12.48 $ 12.88 Vehicle Mechanic Trainee First 2,000 hours 60% of the Vehicle Mechanic base rate Third 1,000 hours 65% of the Vehicle Mechanic base rate Fourth 1,000 hours 70% of the Vehicle Mechanic base rate FRh 1,000 hours 75% of the Vehicte Mechanic base rate Sixth 1,000 hours 80% of the Vehicle Mechanic base rate Seventh 1,000 hours 85% of the Vehicle Mechanic base rate Eighth 1,000 hours 90% of the Vehicle Mechanic base rate C� 1 Y�r 07/01/1999 07l01/2000 $ 13.08 $ 13.50 $ 13.08 $ 13.50 A-2 ORiGINAL Presented Referred To RESOLUTION r�lTY OF SAINT PAUL, MINNESOTA � 1 i ,I� �n tC�o.v�°1- Council File # pp .�:qZ Green Sheet # 08918 Committee Date � • 1 2 3 RESOLVED, tha# the Council of the City of Saint Paul hereby approves and ratifies the attached July 1, 1999 through June 30, 2001 Labor Agreement between the City of Saint Paul and District Lodge No. 77, International Association of Machinists and Aerospace Workers AFL-CIO. Requested by Department of. Benanav � Blakey � Bostrom � Coleman � Hazris � Lantry �/ Adopted by Council: Date � �, _ � \ � �-p o � Adopuon Certified by Council Secretary � Appx � Office of Labor Relations By: V� l� i M� -P lJ1,Fl/l/I.t/1/ —N--�--�— Form ApproNed by City Attomey By: , �a✓�� 3 �2` `a� Approved by ayor for Submission to Council BY: � 9�11�it, �J ��i� !3� DEPARTMENT/OFFICE/COUNCIL: DATE INITTATED GREEN SHEET NO.: 08918 LABOR RELATIONS March 21, 2000 b O- e'1-'t � CONTACf PERSON & PAONE: � wtTlAi/DnTE IIal77niJnn'iE JITLIE KRAUS 266-6513 � 1 D�r,�x nm � a crrY covricn, �Ex ZcrrYnrrox�� crrYCi,�x MI7ST BE ON COUNCII, AGENDA BY (DATE) FOR BUDCEf DIR FIN. & MG?. SERVICE DII2. ROUTING 31�1A5'OR(ORASST.) ��3'N ORDER �� • TOTAL # OF SIGNATURE PAGES_I (CLIP ALL LOCATTONS FOR SIGNATURE) acrioN xeQUESrEn: Tlus resolution approves the attached July 1, 1999 through June 30, 2001 Labor Agreement between the City of Saint Paul and the District Lodge No. 77, International Association of Machinists and Aerospace Workers AFL-CIO. RECOMAg�NDA1TONS: Appmve (A) or Reject (R) PERSONAI, SERVICE CONTRACl'S 111I75T ANSWER TIiE FOLLOWING QUESTTONS: _PLANNING CAhi��IISSION _CIViL SEAVICE COMbASSION 1. Has this persoNStm ever worked under a conVact for this depaztment? _CIB COMMITI'EE Yes No _STAFF 2. Has tLis person/fvm ever been a city employee? DIS7RICT COURT � Yes No SUPPORTS WffiCA COUNCIL OBJECTIVE? 3. Does this pe(sonffum possess a skill not mmialiy possessed by any ouaent city employee? Yes No Ezplaiu all yes answers on separate sheet and attach to grren sheet INITIATING PROBLEM, ISSUE, OPPORI'UATfY (Whq W6ay When, Where, wn The Labor Agreement with the District Lodge No. 77, Intemarional Association of Machinists and Aerospace Workers, AFL-CIO had expired. The City is required to negotiate with the Bazgaining Unit. nnvaNrncES iF arrxovEn: An Agreement through good faith collective bazgaining will be in place through June 3�, 2Q01. Further establishing a pattem for Employer contributions toward insurance premiums in the yeaz 2001. DLSADVANTAGES IF APPROVED: NOriC . n�sanv,wracES � xor nrrxovEn: The relationship between this unit and the City wouid be sirained. Could work to the disadvantage of the City in controlling the rising cost of Health Insurance by establishing a pattem of capping the Employer's share of the increase. � TOTAL AMOi3NT OF TRAi35ACTiON: S CO5i'lAEVENOE BUDGETED: FUNDING 50URCE: ACTMTY NUMBER: FINANCIAL IlVFORMATiON: (EXPLAIIV) �p�+� �es��ru?� Center ��R 2 � 2600 � � � . _�.;_,__ Qo -aq� ATTACFIMENT TO T`HE GREEN SHEET District Lodge No. 77 International Association of Machinists and Aerospace Workers AFL-CIO Below is a suuimary of the changes in the Collecfive Bazgaining Agreement between the City and the District Lodge No. 77 Intemational Association of Machinists and Aerospace Workers AFL-CIO. The new contract is for the period of July 1, 1999 through June 30, 2001. Wages: 1999: 2.5% 7/1/1999 2000: 3.2% 7/1/2000 *Wage nnplementation dates Health Insurance: 2000: Single $260.00 per month Family $376.66 per month 2001: Single $260.00 per month Family $376.66 per month, plus an amount equal to the 2001 single health insurance premium increase up to forty dollars ($40) per month, if the 2001 single heaith insurance premium increase is over forry dollazs ($40), the Employer will contribute 50% of the amount over forty dollars ($40). The single contribution is frozen for 2000 and 2001. The agreement calls far a Tool Allowance for all employees that are expected to supply their own tools. The amount per employee is $475 a year. As a result of issuing the Tool Allowance, the program of Tool Replacement by the City will be eliminated. The City will no longer replace lost or damaged tools. The Union members that aze not part of the Tool Allowance program will haue an increase in the amount available for Safety Shoes. This will be an increase of twenty five dollazs ($25) per member that is available for reimbursement. The shoe allowance is cumulative over the two years of the contract. Q o -�.q� Attachment to the Green Sheet District Lodge No. 77 International Association of Machinists and Aerospace Workers AFL-CIO Page 2 Costs: 1999 2000 Wages $54,54730 $69,820.54 Health Insurance $5,920.56 $11,520.00 Tool Allowance $14,725.00 $0.00 Increase in Shoe Allowance $650.00 0.00 Total: $ $75,842.86 $81,340.54 Language Changes (summary) The contract includes other changes to contract language which are housekeeping in nature. m � �0 N N N N U W a C W T d 0 W 'a a' O C � 3 u � W � O i � • � • Q • • ¢ • • • > _ = o # w w w w w w w w w w w 6 m a � m �`o m � m � m m m a � ° n r � � 0� � y � � � W ° .°. m a o ui vi ° ° 5 ° `m m � -�` m `o � 'm � = E i ° �� v'_ m° E � � in_ w � m - o Po _ o a a o q y o 5 u o � u �� o`m o" `o n m� m a E `m `m en xi »°- en U �n m en m fn m` en m en ' ei a ei E Z m R F E y° 3 3 3 c 3� 3� 3� 3 y 3 m 3� 3 E 3 U � E � � m O Z Z Z U Z K 2- Z� Z� Z P Z(J Z(J Z`o F LL e o m F- UJ Q Q Q N H M N � w Z � N H Q m �[] in N ��(1 vl N �c�I �[] H � N y J� � O W 41 p U y Cp `p N p 0 � �� m� � ^ V .C A �N � F y y m ~ ' � r�n a in n �� p � �� N m w � � m o� y c u u � v � v� m� m� m m m � m E m o d d � 6 O l6 O N N N W N R� fG � R O W U lE R 0 6] V m U G] C m� Vl C L1 ❑ 0(J 0 U 0 O RI 0 N m N O W O � � N OJ N Q ' 1 a ' ' 0 e N N � O � � Z Z 0 � O M N N (9 p (9 f9 fA W N Vf W W M Q tl1 � l7 ('�l m � M < C R V C < < C V N � N u @ � ^ � '� A � c ° c A a Y � O (p O N U ��i (n p � a � 0 J (9 W � A O C � 0 o p � � a a � a N O t� o � ,�O [� F'Q � N o'� ,�o n m m o� y a) A wen es wU wm wm` w w ea� fn ` vin �n E zm tn E d v 3 3 3 c 3 3� 3 9 3� 3� 3�� 3 E 3�j � E � A� Y'm d m u o d S v�+ w �+ u� m� u d o u ❑ Z Z Z U Z K Z 5 Z 5 Z 5 Z � Z U Z(J Z`o H� e h in � N n ` W fJ N N� � � V! � C m N N Q Q Q N el N !! 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N V N N Z -L � � w Q M H K W M N W W H N 0 m Q N Y] N � N� 0 O N th V b N � � � � � � � � N N N N N O �p � � � J d w N � (n Q U 6 d O C N N � j N C 0 Y � C 0" U � E N U 3� r o m n E o � in � w o'q �� ` � .c i�, O a a O j y o O U � U O� O'� � R O� o d d A � � N Q e� r. e» ° xa U w m �» `�o «» m rA � xa � w a �» o � m m LL v m m 3 3 3'�" 3: 3 N 3� 3� 3 d 3 r 3 E 3 ti A o � � y Y p zz ZU ztt z � z= z � z O z U ZU z`o F �i e � � N � � � m m ' N a N Q N _ � N Z � Z w w w w w w w N N � N fO n N� � � � � 0 y � E o - °� R o m o `� q �° q m � m � m � U U � � " m � R O� � 7 a U N J L � W � 'C d W N � N a N a � A �� - N m � n m o > c m N N C M c w� N 3 N? d m` N w N ry 6 6 O @ 16 N R'/� � 0 0 U 0 U N O m m O rtl m U T(J m� u] � m _ F 0 E a � E J P C N a � E J r `m O m c m o m N > O m e m N N � a d N � N ? c v � e m 00 -iqa- ±' m} _ �- . � 60-�=1�- � � � JULY �,1999 THROUG� �J�TNE 30, 200t � _ . � � � �. LABOR AGREEMENT " _ BETWEEN _ : THE CITY OF SAINT PAUL � � � - AN� � � � - ' DIS'�'RICT LQI}GE NO. 77 IN'T�Rl�iA�'IUNAL ASSOCIA'��ON OF MACHINISTS ' , _. , , _ �. , AND A�R4SPACE �?4�ORKE:RS AFL-G�O �� �- � � � �. , � � � _ � _ � � � _. :.- P - „ _ . � _ � °� ��� � � - - - � � �-+�- nvnEx ARTICLE TITLE PAGE 1 Recognition ......................................................1 2 Definirions .......................................................1 3 Maintenance of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Check Off and Administrative Service Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Union Rights .....................................................3 6 Management Rights ................................................3 7 Discipline ........................................................4 8 Hours, Overtime Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9 Tool Insurance and Clothing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Jury Duty ........................................................6 11 LegalServices ....................................................7 12 City Mileage ......................................................7 13 Active Employee Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 14 RetireeInsurance .................................................10 15 Holidays ........................................................11 • 16 Vacation ........................................................12 17 Cmevance Procedures .............................................12 18 Savings Clause ...................................................15 19 Severance Pay ...................................................15 20 Wage Schedule ...................................................18 21 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 22 Sick Leave ......................................................18 23 Maternity Leave ..................................................19 24 Safety Shoes .....................................................19 25 Layoffand Bumping ..............................................19 26 ' Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 AppendixA .................................................... A1 • i oa�� • AGREEMENT BE'I'WEEN THE CITY OF SAINT PAUL AND DISTRICT LODGE #77, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO This AGREEMENT has been entered into between the City of Saint Paul, hereafter referred to as the EMPLOYER, and District Lodge #77, Intemafional Association of Machinists and Aerospace Workers AFL-CIO, hereafter referred to as the iJNION. This AGREEMENT has as its purposes, the promotion of hannonious relations between the EMPLOYER and the UNION, the estabiishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above objectives in full compliance with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1984, as amended. • C� ii � i� � ARTICLE 1- RECOGNITION • 1.1 The EMPLOYER recognizes the IJNION as the sole and exciusive bazgaining agent for the purposes of establishing wages, benefits, hours and other conditions of employment for ail of its employees as outlined in the certificauon by the State of Minnesota, Bureau of Mediation Services, dated Augast 15,1973, in case No. 74-PR-77-A, and as set forth below: All regular, probationary, and provisional vehicle and equipment maintenance personnel who aze employed by the City of St. Paul or who have their "terms and conditions of employment" established by the governing body of the City of St Pau] in the classifications of Auto Body Repairer, Communicarions Technician Helper, Equipment Repairer, Fire Buildings Repairer, Fire Equipment Servicer, Machinist, Marina-Mechanic, Mechanic-Welder, Parts Runner, Tool Maker - Water Utility, Traffic Maintenance Worker, *Vehicle Maintenance Worker (Light), Vehicle Maintenance Worker (Heavy), Vehicle Mechanic, Vehicle Mechanic (Heavy Truck & Eqaipment), Vehicle Mechanic Leadworker, Vehicle Mechanic Supervisor, Vehicie Mechanic Trainee, Welder and Welder Leadworker, excluding supervisory, confidential, temporary, emergency and employees exclusively represented by other labor or employee organizations. • 1.2 The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classifications set forth in this agreement shall be recognized as a part of this bazgaining unit, and the parties shail take all steps required under the Public Employment Relations Act to accomplish said objective. ARTICLE 2 - DEFINITIONS 2.1 Collective Bazgaining. The EMPLOYER will bazgain collectively with the LTNION with respect to rates of pay, hours and conditions pertaining to employment for all of the employees in the unit hereinbefore set forth. 2.2 Discrimination. The EMPLOYER will not interfere with, restrain or coerce the employees covered by this AGREEMENT because of inembership in or activity on behalf of the IJNION. The EMPLOYER will not discriminate in respect to hire, tenure of employment or any term or condition of employment against any employee covered by this AGREEMENT because of inemberslvp in or activity on behalf of the iJNION, nor will it discoutage or attempt to discourage membership in the IJNION, or attempt to encourage membership in another Union. C� i ARTICLE 2 - DEFII�TITIONS (Continued) 23 Tlxis AGREEMENT shall designate and define benefits with the exception of pension benefiu that shall be granted to the employees by the EMPLOYER. If subsequent to this AGREEMENT, any govetning body passes a provision which shall create a cost benefit for a employee in this unit, the cost of such benefit shall be paid by the employee until such time as the responsibility of the cost is subsequently negotiated. This provision shall not compel either parry to reopen negotiations during the course of an earisting contract. ARTICLE 3- MAINTENANCE OF STANDARDS 3.1 The parties agree that a11 conditions of employment relating to wages, hours of work, overtime differentials, vacations, and atl other generat working conditions shall be maintained at not less than the lughest m;nir�,um standard as set forth in the Civil Service RuIes of the City of Saint Paui, (Resolution No. 3250} and the Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this AGREEMENT, and the conditions of employment shall be improved wherever specific provisions for improvement aze made elsewhere in this AGREEMENT. ARTICLE 4- CHECK OFF AND ADMINISTRATIVE SERVICE FEE 4.1 Dues. "Fhe BMPLOYER agrees to deduct the iT1QION membership dues once each month from the pay of those employees who individually raquest in writing that such deductions be made. The amounts to be deducted shall be certified to the EMPLOYER by a representative of the ITNION and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions aze made or as soon thereafter as is possible. 4.2 Fairshare. Any present or future employee who is not a iJNION member shall be required to contribute a fair share fee for services rendered by the LJNION. Upon notification by the iTNION, the EMPLOYER shall check off said fee from the earnings of the employee and transmit the same to the tTNION. In no instance shall the required contribu6on exceed a prorata shaze of the speeific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. TJris provision shall remain operative only so long as spec�catly provided by Minnesota law and as otherwise legal. � • • ��,�a ARTICLE 4- CI�ECK OFF AND ADMII�TISTRATIVE SERVICE FEE , (Continued) 43 The Union agrees that an administrative fee of $6.00 per employee, per yeaz shall be deducted by the employer from the employee's eamings. Tbis annual deduction shall be made from the first paycheck received in January of each year. 4.4 The iJNION will indemnify, defend and hold the EMPLOYER harmless against any claims and all suits, orders or judgments brought or issued against the EMPLOYER, its officers or employees, as a result of any action taken or not taken by the EMPLOYER under the provisions of this section. ARTICLE 5 - UNION RIGHTS 5.1 The iJNION may designate employees within the bazgainnig unit to serve as Union Stewards. 5.2 The iJNION shall furnish the EMPLOYER and appropriate department heads with a list of Stewazds and alternates, and shall, as soon as possible, notify said appropriate City officials in writing of any changes thereto. Only those who aze Stewazds shall be recognized by the EMI'LOYER for the purpose of ineetings. �J ARTICLE 6 - MANAGEMENT RIGHTS 61 The iJNION recognizes the right of the EMPLOYER to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. T'he rights and authority which the EMPLOYER has not officially abridged, delegated, or modified by this AGREEMENT aze retained by the EMPLOYER. 6.2 A public employer is not required to meet and negotiate on matters of inherent manageriat policy, which include, but aze not limited to, such azeas of discretion or policy as the functions and programs of the EMPLOYER, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. � ARTICLE 7 - DISCIPLINE 7.1 The EMPLOYER will discipline empioyees for just cause oniy. Discipline wiIl be in the form of: a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge. 7.2 Employees and the iJNION will receive copies of written reprimands and notices of suspension and dischazge. 73 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or tJNION may request, and shatl be entitled to a meeting with the Employer Representative who iaitiate@ tke suspension with intent to dischazge. During said five (5) day period, the EMPLOYER may affirm the suspension and dischazge in accordance with Civil Service Rules or may modify, or withdraw same. u ARTICLE 8- HOURS, OVERTIME PAY 8.1 Hours of Employment: The assigned normal work day shall be 8 hours • excluding .5 hour for lunch in any twenty-four hour period and 40 hours in any seven-day period. (For employees on a shift basis, this shall be constnxed to rnean an average of forty hours a week.) The normal work week shall consist of five consecurive normal work days. 8.2 Notwithstanding Article 8.1, a Department Head and the Union may mutually agree in writing to establish a normal work day of ten (10) consecutive hours, excluding a thirty (30) minute Iunch period, and a normal work week of four (4) consecutive work days in a seven ('n calendar day period. A Department Head may unilaterally cease a ten (10} hour work day, four (4) day work week with five (5) working days notice to the Union if such a schedule does not meet the operating needs of the affected Department. 83 Call-in-Pay: Wken an employee is called to work he shall receive two hours' pay if not put to work. If he is called to work and commences work, he shall be guaranteed four hours pay. These provisions, however, shatl not be effective when work is unable to proceed becavse of adverse weather conditions. • oD .�.qa ARTICLE 8- AOURS, OVERTIME PAY (Continued) • 8.4 Overtime: Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by order of the head of the depar�ent. Overtime will be assigned based on a mtating opportunity preset-set by class seniority among all eligible personnel in the affected division having the skills necessary for the job. In the beginning of each calendar year, the rotation for overtime opportunities will begin with the most senior employees. The individual may accept or decline. The ne�rt opportunity for overtime will go to the ne�rt person on the list who may accept or decline. This will continue until the end of the list is reached and will again start over with the most senior person. If an employee is bypassed foz overtime to which hefshe would have been entitled, the employee will have the opportunity, whenever possible but subject to supervisory approval, to make up the overtixne before the end of the nea�t payroll period, at a time convenient to the employee. The Employer reserves the right to deviate from the aforementioned process in emergencies or in such situations where following such process would be detrimental to the operation of the affected unit. Class seniority shall be the determining factor in shift assignment, however, the Employer will not be required to • accept the most senior bidder or to assign the least senior employee when considering such factors as the duration of assignment and the productivity needs of the affected unit. Qualifications will be deternuned by the Employer based on requirements of the job, actual job performance and Civil Service certification. 8.5 An employee sha11 be recompensed for work done in excess of the normal hours by being granted compensatory time on a tune-and-one-half basis or by being paid on a time-and-one half basis for such overtime work. The basis on wlvch such overtime shail be paid sha11 be determined solely by the EMPLOYER. • ARTICLE 9- TOOL INSURANCE AND CLOTHING 9.1 The EMPLOYER will provide five changes of coveralls or five changes of shirts and pants per week. The Departrnent shail substitute coveralls for shirts and pants and vice versa at the employee's requesrt. Employees may request such substitution no more than two times within a calendar year. 9.2 Employees in the following classifications; Vehicle Maintenance Worker (Heavy), #Vehicle Maintenance Worker (Light), Marina Mechanic, Mechanic-WeIder, Vehicle Mechanic, Auto Body Repairer, Vehicle Mechanic Lead Worker, and Velucle Mechanic (Heavy Truck & Equipment), shall receive a Tool and Shoe Allowance in the following manner. � 9.2(A) Effective 7/1/1999, for safety shoes, the amount of seventy-five dollazs ($75). This amount will be retroactive to the date of the beginning of the contract, 7/1/1999. 9.2(B) Effective 1/1/2000, the employees designated in section 9.2 shall be paid a tool allowance in the amount of two-hundred dollazs ($200.00). 9.2(C) Effective 7/1/2000, the empioyees designated in section 9.2 shall be paid a Tool and Shoe ailowance in the amount of four-hundred and seventy-five dollazs ($4�5.00). 9.2(D) Employees not designated in section 9.2, shall receive shoe allowance as designated in Atticle 24 - Safety Shces. • 9.2(E) Employees need to keep an accurate, up-to-date inventory of tools kept at the worksite. In the event that the entire tool set is stolen or if the worksite itself is damaged and the tools aze not salvageable, the Employer agrees to replace the tools, in excess of $475.00, that aze listed on the inventory previous to the date of the event. Initiating and updafing the inventory is to be done on the employee's own time. ARTICLE 10 - JURY DUTY 1 Q.1 Any employee who is required during his regular workiag hours to appeaz in court as a juror or witness except as a witness in lris own behalf against the City, shall be paid his regulaz pay while he is so engaged, provided however, that any fees that the employee may receive from the court for such service shall be paid to the City and be deposited with the City Finance D'uector. Any employee who is scheduled to work a skuft, other than the normai daytime sIuft, shall be rescheduled to work the normat daytime shift during such time as he is required to appeaz in court as a juror or witness. � o� �a � ARTICLE 11- LEGAL SERVICES • 11.1 Except in cases of malfeasance in office or willful or wanton negiect of duty, or indifference to rights of others, the EMPLOYER shall defend, save harmless and indemnify an employee against tort claim or demand whether groundless or otherwise arising out of alleged acts or omission occurring in the performance or scope of the employee's duties. 11.2 Notwithstanding the provisions of Secuon 11.1, the Employer shall not be required to defend or indemnify any employee against personal liability, or damages, costs or expense (a) resulting from a claim, suit, verdict, finding, determination or judgment that the employee has committed an intentional tort or torts, including but not limited to slander, libel and/or other defamatory harms; or (b) arising out of cross claims, counterclaims, affirmative defenses, and/or sepazate actions brought against such employee in response to or resulting from claims, aliegations, demands or actions (whether or not litigation was actually commenced) brought, made or instituted by such employee. 11.3 Notwithstanding the provisions of Section 11.1 or 11.2, the Employer may at its sole discretion defend an employee against allegations, claims, demands or actions wholly or in part based on or arising out of claimed intenrional torts, and in such cases, the employee consents to the extent lawfully pezmitted to such representation without regard • to actual or potential conflicts of interest. 11.4 Each employee, within 20 days after receiving notice of (1) a tort claim or demand, action, suit or proceeding against him or her, and (2) a judgment, verdict, fmding or determination, either of which arises out of alleged or found acts or omissions occurring in the performance or scope of the employee s duties, shall notify the City by giving written norice thereof to the City Clerk. ARTICLE 12 - CITY MILEAGE 12.1 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 automobiles in the performance of their duties, the foliowing provisions aze adopted. 12.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. If an employee is required to use his/her own automobile during employment, the employee shali be reimbursed at $.27.5 per mile for each mile actually driven. 123 The City will provide pazking at the Civic Center Pazking Ramp for City employees who • are required to have their personal caz available for Ciry business. Such pazking will be provided only for the days the employee is required to have his or her own personal car available. ARTICLE 12 - CITY MILEAGE (Continued) 12.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the • procedures for automobile reimbursement, such regulations and rules shail contain the requirement tbat recipients shall file daily reports indicating miles driven aad shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobite liabiIity in�,rance in amounts of not less than $100,000/$300,000 for personat injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the City Cierk. ARTICLE 13 - ACTIVE EMPLOYEE INSURANCE 13.1 The insurance plans, premiums for coverages and benefits contained in the in�,ra„ce 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 ptans agree to accept any changes in benefits which a specific provider implements. The Employer's Cafeteria Plan Document and IRS rules and regulations shall govem the Employer provided health and welfaze benefit program. 13.2 For the purpose of this Article, full-time employment is defined as appearing on the . payroll an average of at least 32 hours per week for the immediately preceding twelve (12) month period ending June 30th. Three-quarter time employment is defined as appearing on the payroll an average of at least 26 hours per week but tess than 32 hours per week for the immediately preceding twelve (12) month period ending June 30th. Hatf-time empIoyment is defined as appearing on the payroll an average of at least 20 hours per week but less than 26 hours per week for the immediately preceding twelve (12) month period ending June 30th. The above determination shall exclude periods of layoff and approved unpaid leave of absence when the empIoyee ret�uns to the same position and empioyment condition. The Employer shall deternune the rime status of a new or changed position based on the above definitions as to fu1I-time, fhree-quarter or half-time employment. 133 Effective January i, 2000, the Employer agrees to contribute, for full-time employees, $260.00 per month toward the cost of single health insurance coverage under the "Cafeteria Plan." For tluee-quarter time employees the Employer's contribution shali be • $195.00 per month. For haif-time employees the Employer's contribution shall be $130.00 per month. p � .aaa ARTICLE 13 - ACTIVE EMPLOYEE INSURANCE (Continued) � Effective January 1, 2000, the Employer's contribution towazd the cost of family health caze coverage for full-time employees shall be adjusted to $376.66 per month. For three- quarter time employees the Employer's contribution of family health care coverage shall be adjusted to $282.50 per month. For half-time employees the Employer's contribution of fanuly heaith care coverage shall be adjusted to $18833 per month. 13.4 Effective 7anuary 1, 2001, the Employer agrees to contribute, for full-time employees, $260.00 per month towazd the cost of single health insurance coverage under the "Cafeteria Plan." For three-quarter rime employees the Employer's contriburion shall be $195.00 per month. For half-time employees the Employer's contribution shatl be $130.00 per month. Effective 7anuary 1, 2001, the Employer's contribution towazd the cost of family health care coverage for full-time employees shall be adjusted to $376.66 plus an amount equal to the 2001 single health insurance premium increase up to foriy dollazs ($40) per month, if the 2001 single health insurance premium increase is over forty dollazs ($40), the Employer will contribute 50% of the amount over forty dollazs ($40). For three-quarter time employees the Employer's contribution of family health caze coverage shall be adjusted to $282.50 plus an amount equal to 75% of the increase for the full-time • employees per month. For half-time employees the Employer's contribution of family health caze coverage shall be adjusted to $188.33 plus an amount equai to 50% of the increase for the ful]-time employees per month. 13.5 Under the "Cafeteria Plan," all eligible employees regardless of the number of average hours worked must select at least single coverage hospital-medical insurance and employee life insurance in an amount of $5000. Any unused portion of the Employer's contribution for which an employee is eligible shall be paid to the employee as taxable income. Such payment will be made during the mornh of December for the Plan yeaz. For employees who temunate their employment with the City of Saint Paul, such payment shali be made within 90 days following ternunation. 13.6 For employees who become disabled and aze eligible for a disability pension &om a retirement fund to which the City of Saint Paul has contributed, the Employer shall contribute towazd the hospital-medical insurance program offered by the Employer in accordance with Article 14 of this Agreement. 13.7 The insurance benefits provided under this Article shall not apply to temporary or provisional employees. • ARTICLE 14 - RETIREE INSURANCE . 14.1 Full-tnne eligible employees must meet the following conditions at the time of retirement in order to be eligib2e for the Employer contribution toward the hospital-medicat insurance program offered by the Employer. 14.1.1 Have completed at least twenty-five (25) years of service with the City of Saint Paul. Employment with School District #625 will not be counted towazd the service requirement for employees hired after 07/Ol/97 toward yeazs of service for retiree health eligibi�ity. AND Be receiving a pension from a retirement fuad to which ihe City of Saint Paul has contributed. 14.2 For employees who were hired prior to July 1,1975 and who, at the time of retirement, meet the eligibility requirements set forth in Article 14.1.1, the Employer agrees to contribute, for the life of the retiree, the foIiowing: The full cost of the least expensive single premium for hospitai-medical insurance offered by the Employer. 143 For employees who were hired on or after 7uly 1, 1975, and who, at the time of • retirement, meet the eligibility requirements set forth in Article 14.1.1, the Employer will provide, for the life of the retiree, the full premium cost of the least expensive single health nvsurance coverage provided by the Employer at the time the employee retires. The City's contribution level shall remain constant, except that such contribution level shall be refigured at the full cost of the least expensive premium offered by the Employer at the time the retiree reaches age 65, if such date is after the date of retirement. For employees who retire and have not completed at least twenty-five (25) yeazs of service with the City at the time of their retirement, the Employer wi11 discontinue providing any health insurance contributions upon their retirement. 14.4 For employees who rerire who do not meet the eligibility requirements set forth in 24.1.1, the Employer shall not make any contributions toward inc��*a.+ce coverage. However, if such retiree has completed at least ten (10) years of service with the City of Saint Paul, he/she may purchase single and/or dependeat health in�.,ra„ce coverage through the Employer's insurance program. The total cost of such insurance coverage shall be paid by the retiree. 14.5 A retiree's participarion in the City's health insurance plan must be continuous. The retiree must be participating in a City fiealth insurance pIan at the time of retirement. If a retiree chooses not to pazticipate at the time of 1us/her retirement or if a retiree discontinues his/her participation at a later date, such retiree will not be eligible for any • future participation or for any Emptoyer contriburion. io � i� � � ARTICLE 14 - RETIREE INSURANCE (Continued) 14.6 In the event of the death of a retiree who is participating in the City's health inc�,rance program, the surviving spouse or dependent of the deceased may continue to participate in the City's health insurance plan at his/her own cost. Eligibility to continue to participate shall terminate when such spouse or dependent remazries or becomes eligible for group health insurance through any employer. ARTICLE 15 - HOLIDAYS 15.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Yeaz's Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Two floating holidays Labor Day Veterans' Day Thanksgiving Day Day after Thanksgiving Christmas Day Eligible employees shail receive pay for each of the holidays listed above, on which they perform no work. On holidays that the employee does perform work, the employee will . be compensated at rime and one-half for the hours worked, in addition to the holiday pay. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shali be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. • 15.2 The floating holidays set for[h in Section 15.1 above may be taken at any time during the fiscal yeaz, subject to the approval of the department head. For the purpose of this article the "fiscal yeaz" shall be the IRS payroli reporting yeaz. 153 Etigibility Requiremeats. In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an employee's name must appeaz on the payroll the last working day be£ore the holiday and on three other working days of the nine working days pzeceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is fiuther understood that neither temporary nor other employees not heretofore eligible shall receive holiday pay. ii ARTICLE 16 - VACATION 16.1 In each catendar year, each full-time employee shall be granted vacation according to the following schedule: Years of Service Less than 8 years After 8 years thru 15 years After 15 yeazs and thereafter Vacation Graated I S days 20 days 25 days 16.2 Employees who work less than full-time shall be granted vacation on a pro rata basis. 163 The head of the department may permit an employee to carry over into the following vacation yeaz up to one hundred twenty (120} hours of vacation. 16.4 The above provisions of vacation shatl be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 16.5 If an empioyee has an accumulation of sick leave credits in excess of one hundred and eighty days, he may convert any part of such excess to vacation at the rate of one-half day's vacation for each day of sick leave credit. 16.6 The masimum number of days' vacation allowed by the conversion of sick leave credits shall be no more than five days in any one year so that the maximum vacation time wluch may be taken in any one year shall be forty-five (45) days including the regulaz vacation period. ARTICLE 17 - GRIEVANCE PROCEDURES 17.1 The EMPLOYER shall recognize stewazds selected in accordance with I TNION rules and regulations as the grievance representative of the bazgaining unit.- The iINION shall notify the EMPLOYER in writing of the names of the Stewazds and of their successors when so named. 17.2 It is recognized and accepted by the EMPLOYER and the IJNION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shatl therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The stewazd involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, pmvided, the stewazd and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work prograzns of the EMPLOYER. 173 The procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. (To correct the rypo from the 1994-1996 contract.) � • � iz oo' ARTICLE 17 - GRIEVANCE PROCEDURES (Continued) � Crrievances shall be resolved in conformance with the following procedure: Step I. Upon the occurrence of an alleged violation of this AGREEMENT', the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and refeaed to Step 2 by the UTTION. The written grievance shall set forth the nature of the grievance, the facts on wluch it is based, the alleged section(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the iJNION within seven (7) calendar days of the first occurtence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendaz days after receiving the written grievance a designated Employer Supervisor shall meet with the Union Stewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the UI�IION within seven {7) calendaz days following this meeting. The LTI3ION may refer the grievance in writing to Step 3 within seven (7) calendaz days following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the • ITNION within seven (7) calendaz days following receipt of the EMPLOYER'S answer shall be considered waived. Step 3. Within seven (7) calendaz days following receipt of a grievance referred from Step 2 a designated Employer supervisor shall meet with the Union Business Manager or lus designated representative and attempt to resolve the grievance. Within seven (7) calendaz days following this meeting the EMPLOYER shall reply in writing to the iJNION stating the EMPLOYER'S answer conceming the grievance. If, as a result of the written response the grievance remains unresolved, the IJNION may refer the grievance to Step 4. Any grievance not referred to in writing by the iJNION to Step 4 within seven (7) calendaz days following receipt of the EMPLOYER'S answer shall be considered waived. Optional Mediation Step 1. If the grievance has not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendaz 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 30 days of the assignment. 2. Grievance mediation is an optional and voIuntary part of the grievance resolution • process. It is a supplement to, not a substitute for, grievance azbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to azbitration shall be delayed for the period of inediation. 13 ARTICLE 17 - GRIEVANCE PROCEDURES (Contianed) 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 ampte oppommity 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 parties, the mediator may issue an oral recommendation for settlement. Either party may request that the mediator assess how an azbitrator might rule in ttris 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. Uniess the parties agree otherwise, the outcome shall not be precedential. 6. If the grievance is not resolved and is subsequentiy moved to azbitration, such proceeding shatt be de novo. Nothing said or done by the parties or the mediator during grievance mediation with respect to their positions conceming resolution or offers of settlement may be used or referred to during azbitration. Step 4. If the grievance remains unresoived, the IJNION may within seven ('n calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER, request azbitration of the grievance. The azbitration pmceedings • shall be conducted by an azbitrator to be selected by mutual agreement of the EMPLOYER and the iJNION within seven ('� calendar days after notice has been given. If the parties fail to mutually agree upon an azbivator within the said seven (7} day period, either pazty may request the Public Employment Relation Boazd io svbmit a panel of five (5) azbitrators. Both the EMPLOYER and the iJNION shall have the right to str�ike two (2) names from the panel. T'he LINION shall strike the first (lst) name; the EMPLOYER shall then strike one (1) name. The process will be repeated and the rema;n;ng person shall be the arbitrator. I7.4 The azbitrator shali fiave no right to aznend, modify, nutlify, ignore, add to, or subtract from the provisions of this AGREEMENT. The azbitrator shall consider and decide only the specific issue submitted in writing by tfie EMPLOYER and the iJNTON and shaIl have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the eapress terms of this AGREENfENT and to the facts of the grievance presented. The decision of the azbitrator shall be final and binding on the EMPLOYER, the iJNION, and the employees. • 14 obla ARTICLE 17 - GRIEVANCE PROCEDURES (Continued) . 17.5 The fees and expenses for the azbitrator's services and proceedings shall be bome equally by the EMPLOYER and the i7NION, provided that each parry 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 foz the record. 17.6 The time limits in each step of ttris procedure may be ea�tended by mutual agreement of the EMPLOYER and the iJNION. ARTICLE 18 - SAVINGS CLAUSE 18.1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of St. Paul. In the event any provision of this AGREEMENT shall hold to be contrary to law by a court of competent jurisdiction from who final judgment or decree no appeal has been taken within the time provided, such provision shail be voided. All other provisions shall continue in full force and effect. ARTICLE 19 - SEVERANCE PAY • 19.1 The Employer shall provide a severance pay program as set fozth in this Article. Severance Pay Plan 1 19.2 To be eligible for the severance pay program, an employee must meet the following requirements: 19.2.1 The emptoyee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions of the Public Employees Retirement Association (PERA). 19.2.2 The empioyee must be voluntarily sepazated from City employment or have been subject to separation by lay-off or compulsory retirement. Those empioyees who aze discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligible for the City Severance pay program. 19.23 The employee must have at least ten (10) years of service under the classified or unclassified Civil Service at the time of segazation. Emgloyment with School District #625 will not be counted towazd the service requirement for employees hired after July 1, 1497. C� is ARTICLE 19 - SEVERANCE PAY (Continued) 19.2.4 The employee must file a waiver of reemployment with the birector of Human • Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type), with the City. 19.2.5 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of lus separation from service. 193 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 amovnt 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 Ieave subjecc to a maximum of 200 accrued sick leave days. 19.4 The maacimum amount of money that any employee may obtain through this severance pay program is $6,500. 19.5 For the purpose of this severance program, a death of an employee shall be considered as sepazation of employment, and if the employee would have met all of the requirements set fotth above, at the tune of his or her death, payment of the severance pay may be made to the employee's estate or spouse. 19.6 The manner of payment of such severance pay shall be made in accordance with the • provisions of City Ordinance No. 11490. 19.7 This severance pay program shall be subject to and govemed by the provisions of City Ordinance No. I 1490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the pmvisions of this article shall control. 19.8 An employee may, in any event, and upon meeting the qualifications of this article or City Ordinance No.11490, as amen@ed by City Ordinance No. 16303, section l, secfion 6, draw severance pay. However, an election by an employee to draw severance pay under either this article or tke ordinance shatl coastitute a bar to receiviag severance pay from the other. 19.9 The above Articles 19.1 through 19.8 apply only to employees hired prior to 7uly l, 1989. Severance Pay Plan 2 I9.10 Employees hired on or after July i, 1989 shall be covered by the provisions of the following Articles 19.11 through 19.16. 19.11 For employees hired on or after July 1,1989 the Employer shall provide a severance pay program as set forth in the following Articles 19.12 through 19.16. • 16 � ARTICLE 19 - SEVERANCE PAY (Continued) . 19.12 To be eligible for the severance pay program, an employee must meet the following requirements: 19.12.1 The employee must be 58 years of age or older or mvst be eligible for pension under the "rule of 90" provisions of the Public Employees Retirement Association (PERA). 19.12.2 The employee must be voluntarily separated from City employment or have been subject to sepazation, lay-offor compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligibie for the City severance pay program. 19.123 The employee must file a waiver of reemployment with the D'uector of Human Resources, which will cleazly indicate that by requesting severance pay, the empioyee waives all claims to reinstatement or reemployment (of any type), with the City. 19.12.4 The employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of his/her separation from service. To qualify for $10,000, the employee must have an accumulated balance of at least one hundred (100) days of sick leave credits at the time of his/her sepazation from • service. 19.13 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 ieave subject to a maximum of as shown below based on the number of yeazs of service with the City. Years of Service Maaimum with the City Severance Pay At Least 20 $5,000 21 $5,500 22 $6,000 23 $6,500 24 $7,000 25 $10,000 19.14 For the purpose of this severance program, 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. , 19.15 The manner of payment of such severance pay shali be made in accordance with the provisions of City Ordinance No. 11490. i� ARTICLE 19 - SEVERANCE PAY (Continned) • 19.16 This severance pay program shail be subject to and govemed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and ia such cases, the provisions of this article shall control. 19.17 Notwithstanding Section 19.9, employees appointed prior to Juty 1,1989, to a title covered by tkris agreement who meet the qualifications as defined in Severance Pay Plan 2(Sections 19.12 and 19.13), may elect to draw severance pay under the provisions of Severance Pay Plan 2(Section 19.13). An election by an employee to draw severance pay under one Section shall constitute a baz to drawing severance pay under any other provision set forth in this agreement. 19.18 Employees appointed on or a8er July 2, t989 to a title covered by this agreement shall not be eligible for any severance pian provisions other than the provisions as set forth in Severance Pay Plan 2(Sections 19.12 thiv 19.16). ARTICLE 20 - WAGE SCHEDULE 20.1 The wage schedule for purposes of this contract shall be Appendix A, attached hereto. 20.2 T'he Vehicle Mechanic Leadworker rate will be $1.02 per hour higher than the Vehicle Mechanic rate. • 203 The Welder Leadworker rate wiIl be$.29 per hour lrigher than the Welder rate. ARTICLE 21 - STRIKES, LOCKOUTS, WORK INTERFERENCE 21.1 The iJNION and the EMPLOYER agree that there shall be no strikes, work stoppages, slow-downs, sitdown, stay-in, or other concerted interference with the EMPLOYER'S business or affairs by any of the said IJNION and/or the members thereof, and there shall be no bannering during the e�cistence of this AGREEMENT without first using all possible means of peaceful settlement or any controversy which may arise. Employees engaging in same shall be liable for disciplinary action ARTICLE 22 - SICK LEAVE 22.1 Sick Leave With Pay. During any period in which an employee is absent from work on sick leave with pay, the employee shall not be employed or engaged in any occupation for compensation outside of his regulaz city employment. Violation of the provision of this pazagraph by any employee shall be grounds for suspension or discharge. 22.2 In the case of a serious illness or disability of an employee's child, the Employer shall grant leave of absence in accordance with State Legislation. Such leave shall be deducted � from the employee's accumulated sick leave credits. If the employee has no accumulated sick leave credits, such leave shall be granted without pay. is Ep ,a9� ARTICLE 22 - SICK LEAVE (Continued) � 223 In the case of a serious illness or disability of an employee's dependent, pazent or household member, other than a child, the head of the department shall grant leave with pay in order for the employee to caze for or make anangements for the caze of such disabled persons. Such leave shall be drawn from the employee's accumulated sick leave credits. Use of such sick leave shall be limited to forty (40) hours per incident. ARTICLE 23 - MATERNITY LEAVE 23.1 Matemity Leave. Maternity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the esrimated date of childbirth, as deternuned by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the EMPLOYER may approve such leave at its option, and such leave may be no longer than one (1) yeaz. ARTICLE 24 - SAFETY SHOES 24.1 Effective July l, 1999, the EMPLOYER agrees to pay $75.00 towazd the cost or repair of safety shoes purchased by an empioyee who is a member of this unit. The EMPLOYER shall contribute towazd the cost or repair of one pair of shoes per contract yeaz and shall � not be responsible for any additional cost for any shoes or repairs therea8er. This reimbursement of $75.00 shall be made only after investigation and approval by the immediate supervisor of that employee. This $75.00 EMPLOYER contriburion shall apply only to those employees who are required to weaz protective shoes or boots by the EMPLOYER. Over the life of this agreement, employees may cazry over $75.00 per year towazds the purchase of safety shoes. ARTICLE 25 - LAYOFF AND BUMPING 25.1 As of the effective date of ttus Agreement, all Vehicle Mechanics and Vehicle Mechanics (Heavy Truck & Equipment) in ali Departments other than Fire and Police shall be considered Vehicle Mechanics (Heavy Truck & Equipment). Further, Vehicle Mechanic (Heavy Truck & Equipment) class seniority shall be based on all continuous time served in regulaz or probationary status as a Vehicle Mechanic and Vehicle Mechanic (Heavy Truck & Equipment) since the last date of appoinhnent to either class. 25.2 For purposes of layoff the Employer shall determine the location and number of employees to lay off. Upon the effective date of layoff, a Vehicle Mechanic (Heavy Truck & E�uipment), Vehicle Maintenance Worker (Heavy} and Welder may bump the least senior Vehicle Mechanic (Heavy Truck and Equipment), Vehicle Maintenance Worker (Heavy), and Welder, respectively, Citywide, excluding the Police and Fire Departrnents and Independent School District No. 625. i 19 ARTICLE 25 - LAYOFF AND BiJMPING (Continued) An employee exercising a bump across Department lines shall serve up to six (6) months � probation in the Deparhnent to wtrich he/she bumps. An employee who does not pass probation shall be laid off. The provisions of this section shall not be subject to Article 17, Grievance Procedure. 253 In the event that the Employer merges gazage operations, the seniority lists of the affected classes for those merged operations only shall be merged. � � 3�7 D����� ARTICLE 26 - DURATION AND EFFECTIVE DATE • 261 The Employer and the Union acknowledge that during the meeting and negotiating which resuited in this Agreement, each had the right and opporlunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right aze fully and completely set forth in tlus agreement. Any and all prior agreements, resolutions, practices, policies or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this A�eement are hereby superseded. In those azeas where Civil Service Rules are not inconsistent with this Agreement the Civil Service Rules shall continue to be in effect. 26.2 Except as herein provided, this Agreement shall be effective as of the date it is executed by Yhe parties and shall continue in full force and effect through June 30, 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 Public Employment Labor Relations Act of 1984. Any retroac&vity shall be owed only to employees who continue to be employed by the CiTy at the time tkus Collective Bargaining Agreement is approved. 263 This constitutes a tentafive agreement between the parties wluch will be recommended by • the D'uector of Labor Relations, but is subject to the approval of the Adtninistration of the City, the City Council and is also subject to ratification by the Union. WITNESSES: DISTRICT LODGE NO. 77, INTERNATIONAL A5SOCIATION OF MACHINISTS AND CITY OF SAINT PAUL AEROSPACE WORKERS AFL-CIO , � 7/�-� /' BY: �� ��^-�- Date: 3�l ��a BY: �+ `f (/�/ f.�y'Uate: Pd 97l7? Te�rry Haltiner � G Schmidt Labor Relations Manager Business Representative • A-1 6Q � a9 � . APPENDIX A The Wage increases agreed to by the Union and Employer aze: A two and five tenths percent (2.5%) across the �oazd increase as of July 1, 1999, and a three and two tenths (3.2%) across the board increase as of July 1, 2000. The wage rates and salary ranges for classifications in this unit aze shown below: 07/01l1999 07/01/2000 Auto Body Repairer $ 20.08 $ 20.72 Machinist $ 20.08 $ 20.72 Mechanic Welder $ 20.08 $ 20.72 Tootmaker - Water Utitity $ 21.fi9 $ 22.38 Vehicle Mechanic $ 20.08 $ 20.72 Vehicle Mechanic (Hvy Tr 8� Eq) $ 20.08 $ 20.72 Vehicie Mechanic Lead Worker $ 21.13 $ 21.81 Welder $ 20.08 $ 20.72 Welder Leadworker $ 20.38 $ 21.03 • Start 07/01/1889 07/01/2000 Equipment Repairer $ 16.98 $ 17.52 Fire Building Repairer $ 16.98 $ 17.52 Fire Equipment Servicer $ 16.98 $ 17.52 Marina Mechanic $ 16.67 $ 17.20 Tra�c Maintenance Wrkr prior to 7/1/91 $ 16.98 $ 17.52 Tra�c Maintenance Wrkr after to 7/1/91 $ 14.97 $ 15.45 Vehicle Mntnce Wrkr (Hvy) prior to 7/1i91 $ 16.98 $ 17.52 Vehicle Mntnce Wrkr (Hvy) after to 7/1/91 $ 14.97 $ 15.45 •Vehicle Mntnce Wrkr (Light) $ 15.93 $ 16.44 6 Months 07/01/1999 07(01f2000 $ 17.78 $ 18.35 $ 17.78 $ 18.35 $ 17.78 $ 18.35 $ 20.46 $ 21.11 $ 17.78 $ 18.35 $ 15.65 $ 16.15 $ 17.78 $ 18.35 $ 15.65 $ 16.15 $ 16.65 $ 17.18 S�vt 6 Nbnttrs 07/01l1999 07/01/2000 O7/01/1999 07/01/2000 Parfs Runner $ 11.22 $ 11.58 $ 12.13 $ 12.52 Corrrn Tech Helper $ 12.20 $ 12.59 $ 12.48 $ 12.88 Vehicle Mechanic Trainee First 2,000 hours 60% of the Vehicle Mechanic base rate Third 1,000 hours 65% of the Vehicle Mechanic base rate Fourth 1,000 hours 70% of the Vehicle Mechanic base rate FRh 1,000 hours 75% of the Vehicte Mechanic base rate Sixth 1,000 hours 80% of the Vehicle Mechanic base rate Seventh 1,000 hours 85% of the Vehicle Mechanic base rate Eighth 1,000 hours 90% of the Vehicle Mechanic base rate C� 1 Y�r 07/01/1999 07l01/2000 $ 13.08 $ 13.50 $ 13.08 $ 13.50 A-2