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280898 WHITE - CITV CLERK PINK - FINANCE G I TY OF SA I NT PA U L Council (x� CANARV - DEPARTMENT File NO. ��v BLUE - MAVOR � Counc 'l Resolution Presented By , Referred To � r � '� ��/v�� `� Committee: Date � � �� Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1983-1984 Collective Bargaining Agreement between the City of Saint Paul and the Internati.onal Association of Machinists and Aero- space Workers AFL-CIO, District Lodge No. 77. Approved: hairman, 'vil Service Co 'ssion COUIVCILMEIV Requested by Department of: Yeas F�etcher Nays PERSO NEL OFFICE Galles In Favor Masanz Nicosia scneibe► A gai ns t BY Tedesco Wilson SEP 2 2 1983 Form A proved y C't A rne Adopted by Council: Date � Certified P- - - b C uncil S t BY gy, Approve avor: Date SEP 2 3 ��$�' App v d by Mayoc for Su 's ioa to Council gy g i'� .,.,� PUBLISNED OCT 1 1983 `� .� � . ��8 r JULY, 1983 THRU JUNE, 1985 LABOR AGREEMENT BETWEEN THE CITY OF SAINT PAUL AND DISTRICT LODGE N0. 77 INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO � . �(��.1'�aJ� IND EX ARTICLE TITLE PAGE I Recognition 1 II Def3nitions 2 III Maintenance of Standards 3 IV Check Off 4 V Union Rights 5 VI Management Rights 6 VII Discipline 7 VIII Hours, Overtime Pay $ IX Tool Insurance and Clothing 9 � X Jury Duty IO XI Legal Services 11 XII City Mileage 12 XIII Insurance 13 XIV Holidays 16 XV Vacation 17 XVI Grievance Procedures 18 XVII Savings Clause 22 XVIII Severance Pay 23 XIX Wage Schedule 25 XX Strikes, Lockouts, Work Interference 26 XXI Sick Leave 27 XXII Maternity Leave 28 XXIII Safety Shoes 29 XXIV Duration and Effective Date 30 Appendix A A1 - ii - .� ��8 THIS AGREFrfENT BETWEEN 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, International Association of Machinists and Aerospace Workers AFL-CIO, hereafter referred to as the UNION. This AGREEMENT has as its purposes, the promotion of harmonious relations between the EMPLOYER and Che UNION, the establishment 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 1971, as amended. - iii - ARTICLE I - RECOGNITION ' 1.1 The EMPLOYER recognizes the UNION as the sole and exclusive bargaining agent for the purposes of establishing wages, benefits, hours and other conditions of employment for all of its employees as outlined in the certification by the State of Minnesota, Bureau of Mediation Services, dated August 15, 1973, in case No. 7G-PR-77-A, and as set forth below: All regular, probationary, and provisional vehicle and equipment . maintenance personnel who are 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 5t. Paul in the classifications of Audio-Visual Equipment Repairman, Auto Body Repairman, Auto Body Repairman Helper, Auto Washer, Equipment Repaircnan, Fire Buildings Repairer, Fire Equipment Serviceman, Food Service Equipment Specialist Helper, Machinist, Mechanic Welder, Parking Meter Repair Worker, Parts Runner, Tire Repairman, Traffic Sign Worker, Utilityman, Utilityman I, Vehicle Mechanic, Vehicle Mechanic Leadworker, Vehicle Ma.intenance Worker (Heavy) , Vehicle Maintenance Worker (Light) , Vehicle Mechanic Trainee, Welder and Welder Leadworker, excluding supervisory, confidential, temporary, emergency and employees exclusively represented by other labor or employee organizatians. 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 bargaining unit, and the parties shall take all. steps required under the Public Employment Relations Act to accomplish said objective. - 1 - ' , i'r��.,F��a1� � ARTICLE II - DEFINITIONS 2.1 Collective Bargaining. The EMPLOYER will bargain collectively with the UNION 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 UNION. 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 membership in or activity on behalf of the UNION, nor will it discourage or attempt to discourage membership in the UNION, or attempt to encourage membership in another Union. 2.3 This AGREEMENT shall designate and def ine benefits with the exception of pension benefits that shall be granted to the employees by the EMPLOYER. If subsequent to this AGREEMENT, any governing 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 party to reopen negotiations , � during the course of an existing contract. - 2 - ARTICLE III - MAINTENANCE OF STANDARDS '" 3.1 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and all other general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul, (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 are made elsewhere in this AGREEMENT. - 3 - , �� ARTICLE IV - CHECK OFF 4.1 Dues. The EMPLOYER agrees to deduct the UNION membership dues once each month from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall , be certified to the EMPLOYER by a representative of the UNION and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 4.2 Fairshare. Any present or future employee who is not a UNION member shall be required to contribute a fair share fee for services rendered by the UNION. Upon notification by the UNION, the EMPLOYER shall check off said fee from the earnings of the employee and transmit the same to the UNION. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shall remain operative only so long as specifically provided by Minnesota law and as otherwise legal. 4.3 The UNION 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 ErfPLOYER under the provisions of this section. - 4 - ARTICLE V - UNION RIGHTS 5.1 The UNION may designa.te employees within the bargaining unit to serve as Union Stewards. 5.2 The UNION shall furnish the EMPLOYER and appropriate department heads . with a list of Stewards and alternates, and shall, as soon as possible, notify said appropriate City officials in writing of any changes thereto. � Only those who are Officers and Stewards shall be recognized by the EMPLOYER for the purpose of ineetings. - 5 - . �� ARTICLE VI - MANAGFMENT RIGHTS 6.1 The UNION recognizes the right of the EMPLOYER to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the EMPLOYER has not officially abridged, delegated, or modified by this AGREEMENT are retained by the EM.PLOYER. 6.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or pol3cy as the functions and programs of the EMPLOYER, 3ts overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. - 6 - ARTICLE VII - DISCIPLiNE 7.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in the form of: a) Oral reprimand; '� b) Written reprimand; c) Suspension; ' d) Reduction; e) Discharge. 7.2 A notice in writing of Suspensions, Reductions and Discharges shall be sent to the employee and the UNION within seventy-two (72) hours after such action is taken. 7.3 Employees and the UNION will receive copies of written repri.mands and notices of suspension and discharge. 7.4 Discharges will be preceded by a f ive (5) day preliminary suspension without pay. During said period, the employee and/or UNION may request, and shall be entitled to a meeting with the Employer Representative who initiated the suspension with intent to discharge. During said five (5) day period, the EMPLOYER may affirm the suspension and discharge in accordance with Civil Service Rules or may modify, or withdraw same. 7.5 Grievances relating to this Article shall be processed in accordance with existing Civil Service procedures, except that oral and written reprimands shall be taken up in the grievance procedure under Article XVI. - 7 - ' ��C�al V ARTICLE VIII - HOURS, OVERTIriE PAY 8.1 Hours of Employment-- The normal work day and the normal work week shall be 8 hours excluding � hour for lunch in any twenty-four hour period and 40 hours in any seven-day period. (For employees on a shift basis, this shall be construed to mean an average of forty hours a week.) The normal work week shall consist of five consecutive normal work days. 8.2 Call-in-Pay-- When an employee is called to work he shall receive two hours' pay if not put to work. If he is called to work and commences work, he shall be guaranteed four hours pay. These provisions, however, shall not be effective when work is unable to proceed because of adverse weather conditions. 8.3 Overtime-- Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by order of the head of the department. 8.4 An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one half basis or by being paid on a time-and-one half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the EMPLOYER, The overtime rate of one-and-one-half shall be computed on the basis of 1/80th of the bi-weekly+ rate. - 8 - ARTICLE IX - TOOL INSURANCE AND CLOTHING 9.1 The EMPLOYER will provide three changes of coveralls per week in accordance with existing practices. � 9.2 The EMPLOYER agrees to reimburse employee for tools damaged by fire or r vandalism or for tools as may be stolen; however, such liability for reimbursement shall only apply in the event that the employee's tools are stored on the EMPLOYER'S premises and in such places as II�IPLOYER shall designate, and, further, only if the tools are destroyed or stolen in their entirety as a result of a fire, vandalism or proven theft f rom the EMPLOYER�S premises. - 9 - � 2��.��5 ARTICLE X - JURY DUTY 10.1 Any employee who is required during his regular working hours to appear in court as a juror or witness except as a witness in his own behalf against the City, shall be paid his regular pay while he is so engaged, provided however, that any fees that the employee may receive from the court for such service shall be paid to the City and be deposited with the City Finance Director. Any employee who is scheduled to work a � shift, other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as he is required to appear in court as a juror or witness. - 10 - ARTICLE XI - LEGAL SERVICES 11.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the EMPLOYER shall defend, save harmless and indemnify an employee, and/or his estate, against any claim or demand, whether r groundless or otherwise, arising out of an alleged act or omission in the performance and scope of the employee's duties. - 11 - � � ��r��8 ARTICLE XII - CITY MILEAGE 12.1 Automobile Reimbursement Authorized - Pursuant to Chapter 92A of the St. Paul Legislative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 12.2 Method of Computation - To be eligible for such reimbursement, all officers and employees must receive written authorization from the Mayor. Reimbursement shall be made in accordance with one of the following plans: Type 1. For those officers and employees who are required to use their own automobiles occasionally for official City business, reimbursement at the rate of 14 cents for each mile driven. Type 2. For those officers and employees who are required to use ' their own autamobiles on a regular basis on City business, reimbursement at the rate of $2.50 for each day of work, and in addition thereto at the rate of 7.5 cents for each mile driven. 12.3 Rules and Regulations - The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating place of origin and destination and applicable mileage ratings thereat and indicating total miles driven, and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further required that they maintain automobile liability insurance in amounts not less than $100,000/300,000 for personal in�ury, and $25,000 for property damage. These rules and regulations, together with any amendments thereto, shall be maintained on file with the City C1erk. - 12 - ARTICLE XIII - INSURANCE ' 13.1 The e�ployer shall contribute an amount set forth below to a fund which . shall be established and administered by the union for the purpose of securing health, life, medical and hospitalization insurance benefits � for members of this unit. The responsibility of securing such insurance programs shall be that of the union. 13.2 Effective July 1, 1983, the Employer agrees to contribute to such fund the cost of hospitalization and medical coverage or $85.86 per month, whichever amount is less for each employee who is eligible for such coverage. In addition, for each eligib le employee who selects dependent coverage, the Employer will contribute the cost of such dependent coverage or $49.87 per month, whichever amount is less. These contributions shall be paid to the Union�s insurance fund and the Union shall identify those employees eligible for such coverage based on the eligibility requirements established by the Employer. Any increases in the premium rates for the above coverages after July 1, 1983, shall be paid by the employee. 13.3 The administration of any insurance programs established by the union for the protection of the members of this unit and eligible early retirees shall be the sole responsibility of the un�on. The union shall be respon- sible for the implementation, solicitation, enrollment, eligibility, and payment of premiums for insurance programs established pursuant to this article. 13.4 Employees covered by this bargaining agreement shall continue to be eligible to purchase additional life insurance and/or other insurance offered by the Employer's health and welfare program. The purchase of these additional insurance coverages shall be at the option of the employee and shall be fu11y paid by the employee. - 13 - .� �'��r��"� ARTICLE XIII - INSURANCE (continued) 13.5 Al1 contributions described above shall be forwarded to depositories as directed by the union. In those cases where the employee is required to pay a portion of the premium, the union shall notify the employer of the name of the employee and the amount to be deducted from the employees� payroll, and the employer shall take the necessary steps to make such payroll deductions and to forward the amounts as directed by the union. � If an employee does not consent to the amount of deduction set forth by the union, the employer shall not be responsible for failure of premium payment. 13.6 It shall be the responsibility of the union to advise employees as to their health and hospital insurance status, benefits, and rights. 13.7 For employees who retire after the time of execution of this Agreement and who have been under the union's hospitalization plan for less than five (5) years at the time of retir.ement, and until such employees reaeh sixty-five (65) years of age, the Employer will for the period of this Agreement contribute such insurance payments as are provided by the . Employer for such employees at the time of their retirement. Said pay- ments shall be made to the union. 13.8 For employees who retire after the time of execution of this Agreement and who have been under the union's hospitalization plan for five (5) years or more, the Employer wi11 discontinue making any insurance payments upon the date of retirement. Continued insurance coverage will be pro- vided by the Union Hospitalization Fund at no cost to the Employer or employee. - 14 - � ARTICLE XIII - INSURANCE (continued) � 13.9 In order to be eligible for the benefits under the early retiree pro- vision in Articles 13.7 and 13.8, the employee must: a) Be receiving benefits from a public employee retirement ' act at the time of retirement. � b) Have severed his/her relationship with the City of Saint Paul under one of the early retiree plans. c) Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee�s early retirenent date that he/she wishes to be eligible for early retiree insurance benefits. - 15: - -� ��8 ; . ARTICLE XIV - HOLIDAYS 14.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Year�s Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day Labor Day �ao floating holiday Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 14.2 The floating holidays set forth in Section 14.1 above may be taken at any time during the contract year, sub3ect to the approval of the department head of any employee. 14.3 Eligibility Requirements. In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an employee's name must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. - 16 - ARTICLE XV - VACATION � 15.1 In each calendar year, each full-time employee shall be granted vacation according to the following schedule: Years of Service Vacation Granted ` Less than 8 years 15 days After 8 years thru 15 years 20 days � After 15 years and thereafter 25 days 15.2 Employees who work less than full-time shall be granted vacation on a pro rata basis. 15.3 The head of the department may permit an employee to carry over into the following year up to ten days' vacation. 15.4 The above provisions of vacation shall be sub3ect to the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 15.5 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he may convert any part of such excess to vacation at the rate of one-half day's vacation for each day of sick leave credit. 15.6 The maximtun number of days' vacation allowed by the conversion of sick ieave credits shall be no more than five days in any one year so that the maxim.� vacation time which may be taken in any one year shall be forty days including the regular vacation period. - 17 - �� 8 ; . ARTICLE XVI - GRIEVANCE PROCIDURES 16.1 The EMPLOYER shall recognize stewards selected in accordance with UNION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the names of the Stewards and of their successors when so named. 16.2 It is recognized and accepted by the EMPLOYER and the UNION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the EMPLOYER. 16.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article VII, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of tihis AGREEMENT, the employee involved shall attempt to resolve the matter on an informal basis with the employee's - 18 - � J ARTICLE XVI - GRIEVANCE PROCIDURES (continued) supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced , to writing and referred to Step 2 by the UNION. The written grievance shall set forth the nature of the ' grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and the relie£ requested. Any alleged violation of the AGREEriENT not reduced to writing by the UNION within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or 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) calendar days after receiving the written grievance a designated Employer Supervisor shall meat with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the UNION within three (3) calendar days following this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. - 19 - �� `��.��93 ; . . ARTICLE XVI - GRIEVANCE PROCIDURES (continued) Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated Employer Supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the EMPLOYER shall reply in writing to the � UNION stating the EMPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the UNION may refer the grievance to Step 4. Any grievance not referred to in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the II�IPLOYER'S answer shall be considered waived. Step 4. If the grievance remains unresolved, the UNION may within seven (7) calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutally agree upon an arbitrator within the said seven (7) day period, either party may request the Publ.ic Employment Relation , Board to submit a panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION shall - 20 - • � ARTICLE XVI - GRIEVANCE PROCIDURES (continued) strike the first (lst) name; the EMPLOYER shall then strike one (1) name. The process will be repeated and the rema�ning person shall be the arbitrator. � r 16.4 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be 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' interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be f inal and binding on the EMPLOYER, the UNION, and the employees. 16.5 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION, provided that each paxty shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the pro- ceedings, it may cuase such a record to be made, providing it pays for the record. 16.6 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. - 21 - �� 98 � ARTICLE XVII - SAVINGS CLAUSE 17.1 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 shall be voided. All other provisions shall continue in full force and effect. - 22 - • , ARTICLE XVIII - SEVERANCE PAY 18.1 The employer shall provide a severance pay program as set forth in this Article. 18.2 To be eligible for the severance pay program, an employee must meet the following requirements: � 18.21 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions of the Public Employees Retirement Association (PERA) . 18.22 The employee must be voluntarily separated from City employment or have been sub3ect to separation by lay-off or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City Severance pay program. 18.23 The e�iployee must have at least ten (10) years of service under the classified nr unclassified Civil Servtce at the time of separation. 18.24 The employee must file a waiver of re-employment with the Director of Personnel, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type) , with the City or with Independent School District No. 625. 18.25 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 18.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave sub3ect to a maximum of 2Q0 accrued sick leave days. 18.4 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. - 23 - .- ,�.��.�� , . ARTICLE XVIII - SEVERANCE PAY (continued) 18.5 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, 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. 18.6 For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 18.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 18.8 This severance pay program shall be subject to and governed by the pro- visions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this article shall control. 18.9 An employee may, in any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, section l, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this article or the ordinance shall constitute a bar to receiving severance pay from the other. - 24 - � f ARTICLE XIX - WAGE SCHEDULE 19.1 The wage schedule for purposes of this contract shall be Appendix A, attached hereto. . 19.2 The Vehicle Mechanic Leadworker rate will be 25� per hour higher than the Vehicle Mechanic rate. - 25 - �� , . ARTICLE XX - STRIKES, LOCKOUTS, WORK INTERFERENCE 20.1 The UNION and the �iPLOYER 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 UNION and/or the members thereof, and there shall be no bannering during the existence of this AGREEEM�"T 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. - 26 - . - + ARTICLE XXI - SICK LEAVE 21.1 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 regular city � employment. Violation of the provision of this paragraph by any , employee shall be grounds for suspension or discharge. - 27 - �� i • . ARTICLE XXII - MATERNITY LEAVE 22.1 Maternity Leave. Maternity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months af ter the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the EMPLOYER may approve � such leave at its option, and such leave may be no longer than one (1) year. - 28 - , � � ARTICLE XXIII - SAFETY SHOES 23.1 The EMPLOYER agrees to pay $1Q.00 toward the cost of each pair of safety shoes purchased by an employee that is a member of this unit. , The EMPLOYER shall contribute toward the cost of two pair of shoes per i year and shail not be responsible for any additional cost for any additional shoes thereafter. This reimbursement of $10.00 per pair of shoes shall be made only after investigation and approval by the immediate supervisor of that employee. This $10.00 per pair of shoes contribution to be made by the II�IPLOYER shall apply only to those employees who must wear protective shoes or boots for their employment. - 29 - . • J�(.7��J . : ARTICLE XXIV - DURATION AND EFFECTIVE DATE 24.1 Except as herein provided this AGREEMENT shall be effective as of the date it is executed by the parties and shall continue in full force and effect thru June 30, 1985, and thereafter until modified or amended by ` mutual agreement of the parties. Either party desiring to amend orr modify this AGREEMENT shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971. 24.2 This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City, the City Council and is also subject to ratification by the Association. WITNESSES: CITY OF SAINT PAUL DISTRICT LODGE N0. 77, IIv'TERNATI0�IAI. ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO . / BY: Labor Rela ions r or Bu iness Ma ager " BY: BY: Civil Service Commission DATED THIS 2nd DAY OF August , 1983 - 30 - - APPENDIX A ,�V�•�� ; , • The wage rates and salary ranges for classifications in this unit are shown ' � ` below: EFFECTIVE EFFECTIVE JiTLY 1, 1983 JULY 1, 1984 Auto Body Repairman $13.03 $13.68 Machinist 13.03 13.68 Mechanic-Welder 13.03 13.68 Tire Repairman 12.51 13.14 r Vehicle Mechanic 13.03 13.68 Vehicle Mechanic Leadworker 13.29 13.95 Welder 13.03 13.68 Welder Leadworker 13.29 13.95 Auto Body Repairman Helper: Starting 60� af Auto Body Repairman Rate after 6 months 65% of Auto Body Repairman Rate after 1 year 70% of Auto Body Repairman Rate af ter 2 years 75% of Auto Body Repairman Rate after 3 years and thereafter 80� of Auto Body Repairman Rate EFFECTIVE EFFECTIVE JULY 1, 1983 JULY 1, 1984 START 6 MOS START 6 MOS Audio Visual Equipment Repairman $10.95 $11.62 $11.50 $12.20 Auto Washer 8.47 8.93 8.89 9.38 Equipment Repairman 10.52 11.16 11.05 11.72 Fire Buildings Repairer 10.52 11.16 11.05 11.72 Fire Equipment Serviceman 10.52 11.16 11.05 11.72 Parking Meter Repair Worker 10.52 � 11.16 11.05 11.72 Traffic Sign Worker 10.52 11.16 11.05 11.72 *Utilityman 10.52 11.16 11.05 11.72 Utilityman I 9.68 10.25 10.16 10.76 Vehicle Maintenance Worker (Heavy) 10.52 I1.16 11.05 11.72 Vehicle Maintenance Worker (Light) 9.68 10.25 10.16 10.76 EFFECTIVE 7-1-83 EFFECTIVE 7-1-84 START 6 Mos. 1 Yr. START 6 Mos. 1 Yr. Food Service Equipment Specialist Helper $6.83 $7.07 $7.35 $7.17 $7.42 $7.72 - A1 - ° r=.+'��\>Zi`�/ , � � �., APPENDIX A (continued) EFFECTIVE EFFECTIVE JULY 1, 1983 JULY 1, 1984 START 6 MOS 1 YR START 6 MOS 1 YR Parts Runner $5.86 $6.59 $7.35 $6.15 $6.92 $7.72 Vehicle Mechanic Trainee First 2,000 hours 60% of the Vehicle riechanic base rate Third 1,000 hours 65% of the Vehicle Mechanic base rate Fourth 1,000 hours 707 of the Vehicle Mechanic base rate Fifth 1,000 hours 75% of the Vehicle 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 - A2 - WHITE — C�TY CIERK � �� PINK — F7NA/JCE COUILCI� � �! CANARV — UcPARTMENT � GITY OF SAINT PAUL `-�` 3 `- � B��E _ MAYOR File NO. , CITY CLERK Council Resolution _ _ _ _ Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul he reby approve s and ratifies the attached 1983-1984 Collective Bargaini.ng Agreement between the City of Saint Paul and the International Associati.on of Machinists and Aero- space Workers AFL-CIO, District Lodge No. 77. App rove d: Chairman, Civil Service Commission COU!YCILMEN Requested by Depactment of: Yeas Fletcher Nays PERSONNEL OFFICE GaO� [n Favor Masanz Nicosia Schelbel Against BY 7edesco Wilaon Form Approved by City Attorney Adopted b}� Council: Date � Certified Passed by Council Secretary BY B}• Approced by 1�1avor: Date Approved by Mayor fo� Submission to Coancil Rv Bv r, . �� ,. - r - JULY, 1983 TNRU JUNE, 1985 LABOR AGREEMENT BET�,TEEN THE CITY OF SAINT PAUL AND DISTRICT LODGE N0. 77 INTERNATIOI3AL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO . '�►��t�A , �� INDEX ARTICLE TITLE PAGE I Recognition �- II Definitions 2 III Maintenance of Standards 3 . IV Check Off 4 V Union Rights 5 r VI Management Rights 6 VII Discipline . � VIII Hours, Overtime Pay $ IX Tool Insurance and Clothing 9 • X Jury Duty IO XI Legal Services 1� XII City Mileage 1� XIII Insurance 13 ' XTV Holidays 1� XV Vacation 17 XVI Grievance Procedures 18 XVII Savings Clause 22 XVIII Severance Pay 23 XIX Wage Schedule 25 . XX Strikes, Lockouts, Work Interference 26 XXI Sick Leave 27 XXII Maternity Leave 28 XXIII Safety Shoes 29 XXIV Duration and Effective Date 30 Appendix A � A1 - ii - ARTICLE I - RECOGNITION '' 1.1 The EMPLOYER recognizes the UNION as the sole and exclusive bargaining agent for the purposes of establishing wages, benefits, hours and other conditions of employment for all of its employees as outlined in the certification by the State of Minnesota, Bureau of rlediation Services, dated August 15, 1973, in case No. 74-PR-77-A, and as set forth below: All regular, prabationa.ry, and provisional vehicle and equipment _ maintenance personnel who are employed by the City of St. Paul or � who have their "terms and conditions of employmen.t" established by the governing body of the City of St. Paul in the cZassifications of Audio-Visual Equipment Repai.rman, Auto Body Repairsan, Auto Body Repairman Helper, Auto Washer, Equipment Repairman, Fire Buildings Repairer, Fire Equipment Serviceman, Food Service Equipment Spe�ialist Helper, Machinist, Mechanic-Welder, Parking Aieter Repair Worker, Parts Runner, Tire Repairman, Traffic Sign Worker, Utilityman, Utilityman I, Vehicle Mechanic, Vehicle Mechanic Leadworker, Vehicle Maintenance W,orker (Heavy) , Vehicle Aiaintenance Worker (Light) , Vehicle Mechanic Trainee, Welder and [delder Leadworker, excluding supervisory, confidential, temporary, emergency and enployees 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 class3.fications set forth in this agreement shall be recognized as a part .of this bargaining unit, and the parties shall take all steps required under the Public Employment Relations Act to accomplish said objective. - 1 - � , ��.��'8 � ARTICLE II - DEFINITIONS Z.1 Collective Bargaining. The EMPLOYER will bargain collectively with the UNION 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 II�IPLOYER will not interfere with, restrain or r coerce the employees covered by this AGREEMENT because of inembership in or activity on behalf of the UNION. The EMPLOYER will not discriminate in respect to hire, tenure of employment ar any term or condition of employment against any employee covered by this AGREEMENT because of membership in or activity on behalf of the UNION, nor will it discourage . or attempt to discourage membership in the UNION, or attetnpt to encourage membership i.n another Union. 2.3 This AGREEMENT shall designate and define benefits with the exception of pension benefits that shall be granted to the employees by the EMPLOYER. If subsequent to this AGREEMENT, any governing 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 party to reopen negotiations � during the course of an existing contract. _ 2 _ ARTICLE III - MAINTENANCE OF STANDARDS ��" 3.1 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and all other general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civi1 Service Rules of the City of , Saint Paul, (Resolution No. 3250) and the Saint Paul Salary Plaa and Rates of Compensation at the time of the signing of this AGRE�fE�T, _ and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this AGREIl`1E�iT. - 3 - �. �� ARTICLE IV — CHECK OFF 4.1 Dues. The EMPLOYER agrees to deduct the UNION membership dues once each month from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall` , be certified to the EMPLOYER by a representative of the UNION and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the � succeedi.ng month after such deductions are made or as soon thereafter as is possible. 4.2 Fairshare. Any present or future employee who is not a UNION member shall be required to contribute a fair share fee for services rendered by the UNION. Upon notification by the UNION, the EMPLOYER shall check off said fee from the earnings of the employee and transmit the same to the UNION. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shall remain operative only so long as specifically provided by Minnesota law and as otherwise legaZ. 4.3 The UNION will indemnify, defend and hold the F�IPLOIER harmless against any claims and all suits, orders or judgments brought or issued against the II�IPLOYER, its officers or employees, as a result of any action taken or not taken by the FriQLOYER under the provisions of this section. - 4 - ' �, ARTICLE V - UNION RIG�TS 5.1 The UNION may designate employees within the bargaining unit to serve as Union Stewards. 5.2 The UNION shall furnish the EMPLOYER and appropriate department heads with a list of Stewards and alternates, and shall, as soon as possible, notify said appropriate City officials in writing of any changes thereto. '. Only those who are Officers and Stewards shall be recognized by the E1�iPL0YER for the purpose of ineetings. , - 5 - �� -.�� ARTICLE VI - MANAGF1�fENT RIGHTS 6.1 The UNION recognizes the right of the EMPLQYER to operate and �anage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the II�IPLOYER has not officially abridged, delegated, or modified by , this AGREEMENT are retained by the II�LOYER. 6.2 A public employer is not required to meet and negotiate on ratters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of. the EMPLOYER, its overall budget, utilization of technology, and arganizational structure and selection and direction and number of personnel. _ 6 _ ARTICLE XI - LEGAL SERVICES ll.l Except in cases of maZfeasance in office or wiZlful or wanton neglect of duty, the EMPLOYER shall defend, save harmless and indemnify an , employee, and/or his estate, against any cZaim or demand, whether r groundless or otherwise, arising out of an alleged act or omissionfin the performance and scope of the employee's duties. - 11 - . � ��9� � ARTICLE XII - CITY MILEAGE 12.1 Automobile Reimbursem2nt Authorized - Pursuant to Chapter 92A of the St. Paul Legislative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the perfor�ance of their duties, the following provisions are adopted. 12.2 Method of Computation - To be eligible for such reimbursement, all officers and employees must receive written authorization from the Mayor. Reimburseaent shall be made in accordance with one of the following plans: T�pe 1. For those officers and employees who are required to use their own automobiles occasionally for official City business, reimbursement at the rate of 14 cents for each mile driven. T�pe 2. For those officers and employees who are required to use � their own autamobiles on a regular basis on City businass, reimbursement at the rate of $2.50 for each day of work, and in addition thereto at the rate of 7.5 cents for each mile driven. 12.3 Rules and Regulations - The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file dailq reports indicating place of origin and destination and applicable mileage ratings thereat and indicating total iuiles driven, and shall file monthly af£idavits stating the number of days worked and the number of miles driven, and �urther required that they maintain automobile liability insuramce in amounts not less than $100,000/300,000 for personal injury, and $25,000 for property damage. These rules and regulations, together with any amendments thereto, :hall be maintained oa file with the City' Clerk. - 12 - ARTICLE XIII - INSUR.ANCE ' "` 13.1 The employer sha11 contribute an amount set forth below to a fund which shall be established and administered by the union for the purpose of securing health, life, medical and hospitalization insurance benefits for members of this unit. The responsibility of securing such insurance programs shall be that of the union. 13.2 Effective July 1, 1983, the Emgloyer agrees to contribute to such � fund the cost of hospitalization and medical coverage or $85.86 per month, whichever amount is less for each employee who is eligible for such coverage. an addition, for each eligible employee who selects dependent coverage, the Employer will contribute the cost of such dependent coverage or $49.87 per month, whichever amount is 1ess. These contributions shall be paid to the Union�s insurance fund and the Union shall identify those employees eligible for such coverage based on the eligibility requirements established by the Employer. Any increases in the premium rates for the above coverages after Ju1y 1, 1983, shall be paid by the employee. 13.3 The administration of any insurance programs established by the union for the protection of the members of this unit and eligible early retirees shall be the sole responsibility of the uni,on. The union shaZl be respon- sible for the implementation, solicitation, enrc�Zlment, eligibility, and payment of premiums for insurance programs established pursuant to this article. 13.4 Ennployees covered by this bargaining agreement shall continue to be . eligible ta purchase additional life insurance and/or other insurance offered by the Employer�s health and welfare program. The purchase of these additional insurance coverages sha11 be at the option of the employee and shall be fully paid by the employee. - 13 - . �`,��►� ARTICLE XIII - IhSURANCE (continued) 13.5 All contributions described above shall be forwarded to depositories as directed by the union. In those cases where the employee is required to pay a portion of the premium, the union shall notify the employer of the name of the employee and the amount to be deducted from the employees' payroll, and the employer shall take the necessary steps to make such payroll deductions and to forward the amounts as directed by the union. � If an employee does not consent to the amount of deduction set forth by the union, the employer shall not be responsible for failure of premium payment. 13.6 It shall be the responsibility of the union to advise employees as to their health and hospital insurance status, benefits, and rights. 13.7 For employees who retire after the tiitne of execution o£ this Agreement and who have been under the union's hospitalization plan for less than five (5) years at the time of retir.ement, and until such employees reach sixty-five (65) years of age, the Employer will for the period of this Agreement contribute such insurance payments as are provided by the . Employer for such employees at the time of their retirement. Said pay- ments shall be made to the union. 13.8 For employees who retire after the time of execution of this Agreement and who have been under the union's hospitalization plan for five (5) years or more, the Employer will discontinue making any insurance pa}rments upon the date of retirement. Continued insurance coverage will be pro- vided by the Union Hospitalization Fund at no cost to the E�ployer or employee. - 14 - � � 1, ARTICLE XIII - INSURANCE (continued) 13.9 In order to be eligible for the benefits under the early retiree pro- vision in Articles 13.7 and 13.8, the employee must: a) Be receiving benefits from a public employee retire�ent `� act at the time of retirement. + r b) Have severed his/her relationship with the City of Saint Pau1 under one of the early retiree plar�s. c) Inform the Personn.el Office of the City of Saint Paul in writing within 60 days of employee's early retireneat date that he/she wishes to be eligible for early retiree insurance benefits. � � :, - 15: - �- ��;�� ARTICLE XIV - HOLIDAYS 14.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Yearts Day Columbus Day Presidents' Day Veterans' Day rie�orial Day Thanksgiving Day Ir_dependence Day Christmas Day Labor Day Two floating holiday Eligible enployees sha11 receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be obsarved as the holiday. 14.2 The floating holidays set forth in Section 14.1 above may be taken at any time during the contract year, subject to the approval of the department head of any employee. 14.3 Eligibility Requirements. In order to be eligible for a holiday with pay, an eaployee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an employee's name must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is further understood thzt neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. - 16 - ARTICLE XV - VACATION ' 15.1 In each calendar year, each full-time employee shall be granted vacation according to the following schedule: Years of� Service Vacation Granted �• Less than 8 years 1S days After 8 years thru 15 years 20 days ► After 15 years and thereafter 25 days 15.2 Employees who work less than full-time shall be granted vacation on a pro rata basis. 15.3 The head of the department may pernait an employee to carry over into the following year up to ten days� vacation. 15.4 The above provis�ons af vacation shall be subject to the Saint Paul Salary Pl.an and Rates of Compensation, Section I, Subdivision H. 15.5 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he may convert any part of such excess to vacation at the rate of one-half day's vacation for each day of sick leave credit. 15.6 The maximum number of days� vacation allowed by the conversion of sick ieave credits shall be no more than five days in any one year so that the maximum vacation time which may be taken in any one year shall be forty days including the regular vacation period. _ 17 _ . . �� ARTICLE XVI - GRIEVAI�CE PROCIDURES 16.1 The EMPLOYER shall recognize stewards selected in accordance �aith tT\'ION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the na�es of the Stewards and of their successors when so named. . 16.2 It is recognized and accepted by the EMPLOYER and the iT;�1I0N that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished duxing working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the F,MPLOYER. 16.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article VII, for the processing of grievancea, which are defined as an alleged violation of the terms and conditions of this AGREE�IENT. Grievances shaZl be resolved in conformance with the follo�ving procedure: Step 1. Upon the occurrence of an alleged violation of this AGREEMENT, the employee involved shall attempt to resolve the matter on an informal basis with the employeets - 18 - . � ARTICLE XVI - GRIEVANCE PROCIDURES (continued) supervisor. If the matter is not resolved to the e�ployee's satisfaction by the informal discussion it may be reducad � to writing and referred to Step 2 by the UNION. The , written grievance shall. set forth the nature of the � r grievance, the facts on which it is based, the alleged section(s) of the AGREEhIENT violated, and the relief requested. Any alleged violation of the AGREEMENT not resiuced to writing by the UNION within seven (7) cale�c�ar days of the first occurrence of the event giving rise to the grievance or W?1t�11A the use of reasonable diligence should have had knowledge of the first occurrence of thz event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a designated Emplayer Supervisor shall meet with the Union Steward and attempt to re:��o2ve the grievance. If, as a resuit of this meeting, the grievaace remains unresolved, the EMPLOYER shall reply in writing to the UNION within three (3} calendar days following -this meeting. The UNION may refe� the grievance in writing to Step 3 within seven (7) calendar days fo].lowing receipt of the EMPL�YER'S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. - 19 - , . ARTICLE XVI - GRIEVANCE PROCEDURES (continued) �'�'��=J� SteJ� 3. Within seven (7) calendar days following receipt of a . grievance referred from Step 2 a designated Employer Supervisor shall meet with the Union Business Manager or his designated representative and attempt tio resolve the grievance. Within seven (7) calendar days following this meeting the EMPLOYER shall reply in writing to the - UNION stating the �iPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the UNION may refer the grievance to Step 4. Any grievance not referred to in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. Step 4. If the grievance remains unresolved, the UNIOti may within seven (7) calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EhiPLOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutally agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relation Board to submit a panel of five (5) arbitrators. Both the EMPLOYER and the UNIOI� shall have the right to strilca two (2) names from the panel. The UNION shall - 20 - . � ARTICLE XVI - GRIEVANCE PROCIDURES (continued) strike the f irst (lst) name; the EMPLOYER shall then strike one (1) name. The process will be repeazed and the remaining person shall be the arbitrator. � . I6.4 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMEir'T. The arbitrator sha11 consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shall have na 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 arbitratorts decision shall be submitted in writing within thirty (30) aays following close of the hearing or the submission of briefs bg the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator' interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UNION, and the employees. 16.5 The fees and expenses for the arbitrator's services and proceedings shall ba borne equally by the EMPLOYER and the IINION, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the pro- ceedings, it may cuase such a record to be made, providing it pays for the record. 16.6 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the .UNION. - 21 - .. ��'°,�� ' ARTICLE XVII - SAVINGS CLAUSE 17.1 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 AGREEMEPiT shall hold Co be contrary to law by a court of competent jurisdiction from who f inal judgment or decree no appeal has been taken r within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. - 22 - . � ARTICLE XVIII - SEVERANCE PAY 18.1 The employer shall provide a severance pay program as set forth in this Article. 18.2 To be eligible for the severance pay program, an employee must meet ' the following requirements: f . 18.21 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions of the Public Employees Retizement Association (PERA) . 18.22 The employee must be voluntarily separated from City employment or have been subject to separation by Iay-off or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City Severance pay program. 18.23 The employee must have at least ten (10) years of service under the classified or unclassified Civil Service at the time o£ separation. 18.24 The employee must file a waiver of re-employment with the Director of Personnel, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatemex�t or reemployment (of any type) , with the City or with Independent School District No. 625. 18.25 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of h3s separation from service. 18.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance paq in an amount equal to one half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 18.4 The maximum amount of money that any employee may obCain through this severance pay program is $6,500. - 23 - � �. �'�� ., . ARTICLE XVIII - SEVERANCE PAY (continued) 18.5 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met all of the requirements set forth above, at the time of his or her death, payr�ent of the severance pay may be made to the employee's estate or spouse. 18.6 For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent Schoal District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 18.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 18.8 This severance pay program shall be subject to and governed by the pro- visions of City Ordiaance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and in such casas, the provisions of this article sha).1 control. 18.9 An employee may, in any event, and upon meeting the qualifications af this article or City Oxdinance No. 11490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay eulder either this article or the ordinance shall constitute a bar to receiving severance pay fram the other. - 24 - r • �� ARTICLE XIX - WAGE SCHEDULE 19.1 The wage schedule for purposes of this contract shall be Ap�endix A,� attached hereto. \ 19.2 The Vehicle Mechanic Leadworker rate wilI. be 25� per hour highzr than the Vehicle Mechanic rate. ;� - 25 - � . ��.�� ; � ARTICLE XX - STRIKES, LOCKOUTS, LJORK INTERFEREVCE 20.1 The UNION and the �•iPLOYER agree that there shall be no strikes, work stoppages, slow-do-�ns, sitdown, stay-in, or other concerted interference with the �MPLOYER'S business or affairs by any of the said UNIO� and/or the members thereof, and there shall be no bannering during the existence l of this AGREEEM�1'T 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. - 26 - - � ARTICLE XXI - SICK LEAVE � 21.1 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 regular city � employment. Violation of the provision of this paragraph by any , . employee shall be grounds for suspension or discharge. - 27 - � ��.�� ARTICLE XXII - MATERNITY LEAVE 22.1 Maternity Leave. riaternity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months af ter the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the F�IPLOXER may approve � _ such leave at its ogtion, and such leave may be no longer than one (1) year. - 28 - .; : � . ARTICLE XXIII - SAFETY SHOES 23.1 The EMPLOYER agrees to pay $10.00 toward the cost of each pair of safety shoes purchased by an employee that is a member of this unit. � The EMPLOYER shall contribute toward the cost of two pair of shoes per > year and shall not be responsible for any additiona� cost for any additional shoes thereafter. This reimbursement of $10.00 per pair of shoes shall be made only after investigation and approval by the . immediate supervisor of that employee. This $10.00 per pair of shoes contr3bution to be made by the EMPLOYER shall apply only to those employees who must wear protective shoes or boots for their employment. — 29 — � ��'�� ARTICLE XXIV - DURATION AND EFFECTIVE DATE � "� 24.1 Except as herein provided this AGREF.�IENT shall be effective as of the date it is executed by the parties and shall continue in full force and effect thru June 30, 1985, and thereafter until modified or amended by ' mutual agreement of the parties. Either party desiring to amend or . t modify this AGREFtiiENT shall notify the other in wri.ting so as to co�ply with the provisions of the Public Employment Labor Relations Act of 1971. 24.2 This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is sub�ect to the �pproval of the Administration of the City, the City Council and is also subject to ratification by the Association. WITNESSES: CITY OF SAINT PAUL DISTRICT LODGE N0. 77, IIv"TER\'ATIO�+AL ASSOCIATION OF riACAINISTS AN�D AEROSPACE WORKERS AFL-CIO a� • , /� � BY: ' / i Labor Rela ions ir or Bu iness Ma�iager ` ' BY: BY: Civil Service Commission DATED THIS 2nd DAY OF August , 1983 - 30 - L11 L L1�L 1L\ L• � ' The wage rates and salary ranges for classifications in this unit are shown '' . , :��,��,,�'� � below: EFFECTIVE EFFECTIVE `� � �� JULY 1, 1983 JULY 1, 1984 Auto Body Repairman $13.03 $13.68 Machinist 13.03 13.68 Mechanic-4lelder 13.03 13.68 , Tire Repairman 12.51 13.14 � r Vehicle Mechanic ]:3.03 13.68 Vehicle Mechanic Leadworker 13.29 Z3.95 Welder 13.03 13.68 Welder Leadworker 13.29 13.95 Auto Body Repairm.an Helper: Starting 60% of Auto Body Repairman Rate after 6 months 65% of Auto Body Repairaan Rate af ter 1 year 70% of Auto Body Repair�an Rate af ter 2 years 75� of Auto Body Repairsan Rate after 3 years and thereafter 80�6 of Auto Body Repair�an Rate EFFECTIVE EFFECTIVE JULY 1, 1983 JULY 1, 1984 START 6 MOS START 6 MOS Audi.o Visual Equipment Repairman $10.95 $1I.62 $11.50 $12.20 Auto Washer 8.47 8.93 8.89 9.38 Equipment Repairman 10.52 11.16 11.05 11.72 Fire Buildings Repairer 10.52 11.16 11.05 11.72 Fire Equipment Serviceman 10.52 11.16 11.05 11.72 Parking Meter Repair Worker 1Q.52 17..16 11.05 11.72 Traffic Sign Worker 10.52 11.16 11.05 11.72 *Utilityman 10.52 11.16 11.05 11.72 Utilityman I 9.68 10.25 10.16 i0.76 Vehicle Maintenance Worker (Heavy) I0.52 11.16 11.05 11.72 Vehicle riaintenance Worker (Light) 9.68 10.25 10.16 10.76 EFF�CTIVE 7-1-83 EFFECTIVE 7-1-84 STAR.T 6 Mos. 1 Yr. START 6 Plos. 1 Yr. Food Service Equipment Specialist Helper $6.83 $7.07 $7.35 $7.17 $7.42 $7.72 - A1 - . + ,t . � ,. r APPENDIX A (continued) EFFECTIVE EFFECTIVE JULY 1, 1983 JULY 1, 1984 START 6 MOS 1 YR START 6 ;iOS 1 YR Parts Runner $5.86 $6.59 $7.35 $6.15 $6.92 $7.72 Vehicle riechanic Trainee First 2,000 hours 60% of the Vehicle rlechanic base rate > Third 1,000 hours 65% of the Vehicle Mechanic base rate Fourth 1,000 hours 70% of the Vehicle Mechanic base rate Fifth 1,000 hours 75% of the Vehicle Mechanic base rate Sixth 1,000 hours 80% of the Vehicle Mechanic base rate . Seventh 1,000 hours 85% of the Vehicle Mechanic base rate Eighth 1,000 houx's 90% of the Vehicle Mechanic bzse rate - AZ - �� ' � : �+�� . �--�''� Pe rsonnel Office _____�EPARTt�tENT � � Be rnard P. W right _r'ONTACT . � 298-4221 PHONE �� , Au ust !6, 1983 DATE �v�� g (Routing and Explanation Sheet) Assign Number for Routing Order (Clip All Locations for Mayoral Signature): ' X partment Director � : City Attorney � Ma�yor � Fi nance and Management Serv s Oi recto �L_�L,14' ��...� City C1erk . AUG 17�1983 Budget Di rector . � . �ff'►if��S ��=e��: What Will be Achieved by Takinq,Action on the Attached Materials? �(Purpose/Rationale): Thi s re soluti.on approve s the 198 3-1984 contract between the City an$ the Inte rn.ationaT : Association of.•Machinists, District Lodge No. 77. T'his agree�n.ent is fc�r the period . July 1, 1q83 thru.Jzme 30, 1985. The only eha.nges in the contract are in the Severan:ce Pay a,nd Wages.� The maximum severance pay is increa.sed from $4, 000 to $6; 500 with a minimum age of 58. The wage increase is -5% effective July,� 1983 and 5% effecti:ve Ju].�, 1984. Financial , Budgetary and Personnel Impacts Anticipated: � The average increase for the 61 employees is 57� per hour for July, �-983 and 6U� per hour in Ju1y, 1984. „Costs Ju1��Ir,, 1983 thru Dec., 1983c $36, 160 _ . ... � ' Jan. , .1984" #hru De+�, 19$4: $74,ZL4° . . Jan.. , 1985 thru Jun+e, 1985: $38, 064 . funding Source and Fund Activity Nun�ber Charged or Cr�dited: Attachments (List and Nwnber all Attachrr�nts�: Re solution Labor Agreement Copy for City Clerk �>- DEPARTMENT REVIEW CITY ATTORNEY REVIEW � Yes No Council Resolution Required? Resolution Required? r/ Yes No Yes No Insurance Requi red? Insurance Suffi cient? Yes . No�/� Yes No Insurance Attache:d? • Revision of October, 1982 (�ee Reverse Side for �Instructions) i r � � '�CL `•s'1'� - �� .�.1...'��'� �:� �`` CITY QF ►�.E1IN'r ��lUL / a, .?'.�.. , «_4.. �1� .:�� . �'..� : � �,;�t:`''.__.,�i!':��\ �•._,� Ob�l�`ICt+: OI� TFI�I�: CIT1' COUiti'f;IL 'i� ( .F. t � ; `.' ' - . '%:'"�_j D Q t e . September 15, 1983 �''�"i F : .f r`x;,,'� „ COMM (TT � E RE PORT ro.: sa,�,t �aui c�ry couh�;� . F f� O tyi : C o m m i t r e e O h FINANCE, MANAGEMENT � PERSONNEL �, - �:, n :--, . C!�A(R CHAIRMAN SCHEIBEL L�� c �,<-� -n . T� � � O . . 'c� J= � . `� y� _r—.-� � ^�� `��d]] • • . ' • . . . ' ' � • i� � • `\• � AG � �! -I� A. � 1. Judy Kro�., Chair of T�sk Foxce on Assessments, i,ri].1 present xeconunendations. 2. Fesolution to execute a�15 year,lease �vith BOLiAR De�elo�ment Company for � rental of 699 E. Sev.enth Street to serve as a s ctor }�ouse for tlie Police De�t. �":��ad.uJ.u.�tcli 7"'fr.�c�al 9/a o 3. Presentation by Police Departmerit regax-din� Team Police Plan: � � 4. Resolution amending the 1982 Capital Tmprovement Budge'[ and 1983 Debt Capital Improvenent Fund Budget to provide additional financing for the replacenent of the Farmers mar;cet. (PED) Cc.�. 3-d . . . S. P.esolution to execute an �lpplication for Emergency hfana�ement Assistance for . fundin� for the Citv's Civil Aefense pro�ram. (Fire i��t.) �� _� . 6. . Resolution revising the class specification for the title of Custodian- Engir.eer IV in the Civil Sexvice Rules. (Personnel) �,� 3-O 7. Reso2ution approving and ratifying 1983-1954 Collecti�re Aargaining �igreerr:ent between the City o� Saint Paul and the Sai.nt Paul Fire Stil�ertrisory �lssociation. (Personnel) G^�7 3-(J \/ 8. Resolution agproving and ratifyinb 1983-19S4 Collective I�argaining A�recment 1 x with International Association of r?achinists and Ae��os�iace lti'orkers AFI.-CIO, . � � District Lodge ho. 77. �� -Q 9. Ordinance starring t}ie tztle of. Deputy C:hief of Police in tlie Cl.assified Service in the Civi 1 Service Riiles and acTcting a statement. (i'ersonnel) ��. 3-d (O��F.R) CITY HALL SEVENTH FLO01: SAINT PAUL, D4INNESOTA 55102 •,��,: ,