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278256 WFIITE - CiTY CLERK �Q'`� - PINK - FINANCE CANARY - DEPARTMENT G I T Y O F S A I N T ��U L COUflC1I BLUE - MAYOR File N . o ncil Resolution � ` Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the atta.ched 1982-1983 Collective Bargaining Agreement between the City of Saint Paul and the International Union of Operating Engineers, Locals 36 and 967, representi.ng the Custodial and Operating Engineers Bargaining Unit. App rove d: �-. � hai rm Civil rvice Commission COU[VCILMEN Yeas Nays f/" Requestgd by Department of: Hunt �� PER ONNEL OFF Levine In Favor lA�iir� � McMahon B Showalter __ Against Y Tedesco Wilson FEB 1 6 1982 Form A roved by Cit �t ey Adopted by Council: Date — E' Certified V• ; Counci}�S cr BY B - u Ap ro hy lilayor. D t �Q 1� �JOZ Approved y ayor for Subm� sio t ouncil . By — BY � PUBLISHED FEB 2 7 1982 . � ��256 1982 - 1983 � LABOR AGREEMENT , - between - THE CITY OF SAINT PAUL - and - INTERNATIONA.L UNION OF OPERATING ENGINEERS LOCAL 36 AND LOCAL 967 I N D E X � ARTICLE TITLE PAGE Preamble iii I Recognition 1 II Def initions 2 ' III Dues - Fairshare 3 IV Union Rights _ 4 V Seniority 6 VI Management Rights 7 VII Hours, Premium Pay 8 ' VIII Leaves of Absence 10 IX Military Leave of Absence 11 X Jury Duty 13 XI Severance Pay 14 XII Mileage 15 XIII Working Out of Classification 16 XIV Discipline 17 XV Insurance 18 XVI Holidays 21 � XVII Vacation 23 XVIII Grievance Procedure 24 XIX Residency 28 XX Wage Schedule 29 XXI Strikes, Lockouts, Work Interference 30 XXII Terms of Agreement 31 Appendix A - Wages A1 - ii - , � P R E A M B L E THIS AGREEMENT, BY AI`TD BETWEEiv' THE CITY OF SAINT PAUL AND LOCAL UrIONS N0. 36 AND N0. 967, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO. �. : This AGREEMENT has been entered into between the City of Saint Paul, hereafter ref erred to as the EMPLOYER, and Local Unions No. 36 and 967, International Union of Operating Engineers, AFL-CIO, hereafter referred to as the UNION. This AGREEMENT has as its purpose, the promotion of harmonious relations between the II�IPLOYER and the UNION, the establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, benef its, 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, benef its, hours and other canditions of employment for all of its employees as outlined in the _ ,, � . eertif ication by the State of Minnesota, Bureau of Mediation Services, under Case To. 73-PR-449-A, as amended, to read as follows: A11 regular, probationary, and provisional engineering and building maintenance personnel who are employed by the City of St. Paul or who have their "terms and con- ditions of employment" established by the governing body of the City of St. Paul, and whose employment service exceeds the lesser of 14 hours per week or 35 percent of the normal work week and more than 100 work days per year in the following classifications: Assistant Superintendent of Stadium, Building Main- tenance Supervisor-TVI, Chief Operating Engineer-- Civic Center, Civic Center Plant Helper, Custodian, Custodian-Engineer I, Custodiaa-Engineer I--Library, Custodian-Engineer I--Public Saf ety, Custodian-Engineer II, Custodian-Engineer--Library, Custodian-Engineer III, Custodian-Engineer III--Library, Custodian-Engineer IV, Custodian-Engineer V, Filter Plant Operator I, Filter Plant Operator II, Custodian (Light Duty), General Matron, House Custodian II, Instrument Repairman (Filter Plant) , Lime Recovery Operator, Maintenance Man, Operating Engineer I, Operating Engineer II, Pumping Engineer I, Pumping Engineer II, Pumping Engineer III, Security Officer, Sewer Pumping Station Operator, Stadiurn Supervisor, Stationary Engineer, Stationary Fireman, Supervising Stationary Engineer, Watchman II, Watctunan-- Water Department, Water Plant Aide, Trainee (Custodian- Engineer); excluding supervisory, managerial, clerical, conf idential, temporary and emergency employees, those exclusively represented by other labor or employee organizations, and all other employees. 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 AGREII�IENT 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 _ � ARTICLE II - DEFI1vTITIONS 2.1 Collective Bargaining. The EMPLOYER will bargain collectively with the UNION and with respect to rates of pay, hours and other conditions pertaining to employment for all of the employees in the unit herein- before set forth. . . ' 2.2 Maintenance of Standards. The EMPLOYER agrees that all conditions of . employment relating to wages, hours of work, overti.me differentials, vacations, and general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul, (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 iniproved wherever specif ic provisions for improvement are made elsewhere in this AGREEMENT. 2.3 Discrimination. The EMPLOYER will not interf ere with, restrain or coerce the employees covered by this AGREEMENT because of inembership in or activity on behalf of the UNION. The E�IPLOYER will not discriminate in respect to hire, tenure of employment or any term or condition of employment against any employee covered by this AGREII�IEl�'T 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 - ARTICLE III - DUES - FAIRSHARE 3.1 Dues. The Il`iPLOYER agrees to deduct the UNION membership initiation f ee assessments and once each month dues from the pay to those employees who individually request in writing that such deductions be made. The amounts _ ta be deducted shall be certified to the E1�iPL0YER by a representative of � the UNION and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representativ e by the first of the succeeding month af ter such deductions are made or as soon there- after as is possible. 3.2 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 f ee 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 specif ic expenses incurred for services r.endered by the representativ e in relationship to negotiation and administration of grievance procedures. This provision shall remain operative only so long as specif ically provided by Minnesota law, and as otherwise legal. 3.3 The UNION will indemnify, defend and hold the II�LOYER harmless against any claims made and against any suits instituted against the City, its officers or employees, by reason of negligence of the UNIOh in requesting or receivi.ng deductions under this Article. The City will indemnify, de#end and hold the UNION harmless against any claims made and against any suits instituted against the UNION, its officers or employees by reason of negligence on the part of the II�IPLOYER in making or forwarding deductions under this Article. _ 3 - � •� �Y�� i � ARTICLE IV - UNION RIG�HTS 4.1 The UNION may designate employees within the bargaining unit to serve as Union Stewards and shall be required to administer this AGREEMENT. 4.2 The UNION shall furnish the EMPLOYER and appropriate Department Heads , _ ,r __ - - and Labor Relations Director 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 II�LOYER for the purpose of ineetings. 4.3 There shall be no deduction from the pay of a Steward when directly involved in meetings with management relating to the administration of this AGREEMENT during working hours. 4.4 Designated Union Representatives shall be permitted to visit employees on �ob sites and at department buildings during working hours for the purpose of the administration of this contract. 4.5 Shop Steward. One shop steward from each department will be allowed to accompany an employee's authorized representative during regular working hours for the purpose of wage, salary, or fringe benefit discussions or other problems of their particular concern involving employees of the City of St. Paul under the following conditions: 4.51 That only one employee from any one department be allowed to leave his work. 4.52 That the steward be expected to attend these meetings on his own time when they are held outside of his regular working hours. 4.53 That adequate notice is given to the department heads so that permission may be obtained. - 4 - ARTICLE IV - UNION RIGHTS (continued) ' 4.54 That the steward has off icially been designated as such by the UNION that he represents. 4.55 Union Conventions. Du1y elected U�TION delegates shall be . granted time off without pay for one week to attend such �_ . .. ; � eorivention. oacation or compensatory time may be used for this purpose. The UNION shall give at least ten working days advance notice of the employees who will be participating in such conventions. - 5 - ARTICLE V - SENIORITY' 5.1 Seniority, for the purpose of this AGREF�IENT, shall be defined as follows: The length of continuous, regular and probationary service with the II�iPLOYER from the date an employee was first certified and appointed to a class title covered by this AGREEMENT, it being further understood that seniority is - confined to the current class assignment held by an employee. In cases where two or more employees are appointed to the same class title on the . same date, the seniority shall be determined by the employee's rank on the eligible list from which certification was made. 5.2 Seniority shall terminate when an employee retires, resigns, or is discharged. 5.3 In the event it is determined by the EMPLOYER that it is necessary to reduce the work force, employees will be laid off by class title within each department based on inv erse length of seniority as defined above. 5.4 In cases where there are promotional series, such as Custodian-Engineer I, II, III, etc., when the number of employees in the higher titles is to be reduced, employees who have held lower titles in the bargaiaing unit will be off ered reductions to the highest title to which class seniority would keep the� from being laid off, before layoffs are made by any class title in any department. 5.5 Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after two years of layoff. 5.6 It is understood that such employees will pick up their former seniority date in any class of positions that they previously held. - 6 - ARTICLE VI - PIANAGII�IENT 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 F1�iPL0YER has not off icially abridged, delegated, or modified by this AGREEMEI3T . ' :are retained by the EMPLOYER. _ - ':: 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 of policy as the functions and prograns of the EMPLOYER, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. - 7 - ARTICLE VII - HOURS, EREMIUM PAY 7.1 Hours of Employment. The normal work day and the normal work week shall be 8 consecutive hours in any 24-hour period and 40 hours in any 7-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 5 consecutive normal work days. Within the Division of Libraries, the normaZ work week shall consist of 5 consecutive normal work days followed b� two (2) consecutive days off. 7.2 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 straight time hours' pay. These pro- visions, however, sha11 not be effective when work is unable to proceed because of adverse weather conditions; nor shall these provisions apply to � temporary or emergency employees nor to employees employed under any of the titles listed in Section 3.M of the Civil Service Rules under the heading "Special Employments"; nor to any person whose regular scheduled workday is less than four hours. 7.3 Qvertime. Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by order of the head of the department. An employee shall be recompensed for work done in excess of the nonnal hours 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 employee. 7.4 Premium Pay. To any employee who works on a regularly assigned shift, beginning earlier than 6 a.m. or ending later than 6 p.m. provided that at least five hours of the shift are worked between the hours of 6 p.m. and 6 a.m. , there shall be paid a night differential for the entire shift.. - 8 - ARTICLE VII - HOURS, PRF.MIUM PAY (continued) � To any employee who works on a regularly assigned shift, beginning earlier than 6 a.m. or ending later than 6 p.m. , but less than five hours of the shift are worked between the hours of 6 p.m. and 6 a.m. , there shall be paid a night differential for tha hours worke� between - the hours of 6 p.m. and 6 a.m. 7.5 The night. differential shall be 5y of the base rate, and shall be � paid only for those night shifts actually worked; provided, however, that the provisions of this subsection shall not apply to emergency or temporary employees in the Auditorium, or to empl.oyees holding titles listed in Section II of the Saint Paul Salary Plan and Rates of Compensation under the heading "Special Employments" in this bargaining unit. 7.6 A premium pay of twenty-five cent5 (25C) per hour shall be paid for all swing stage work, such as any work perforr.ted from a boatswain's chair or a swing scaffold, fifty (50) feet or more above the ground. All standard safety laws sha.Il be complied with. � - 9 - ; � � ARTICLE VIII - LEAVES OF ABSENCE 8.1 Leave of Absence. After three month's employment, an employee may make application for a leave of absence not to exceed one year. A leave of absence shall be granted on the basis established in the Civil Service Rules (Resolution No. 3250) . 8.2 Sick Leave.. Sick leave shall accumulate at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accumulation is unlimited. To be eligible for sick leave � the employee must report to his supervisor no later than one-half hour past his regular scheduled starting time. The granting of sick leave shall be subject to the terms and provisions of Resolution No. 325Q of the City of Saint Paul. 8.3 Any employee who has accumulated sick leave credits as provided above shall be granted leave with pay, for such period of time as the head of � the department�deems necessary, on account of sickness or injury of the employee, quarantine established and declared by the Bureau of Health, death of the employee's mother, father, spouse, child, brother, sister, mother-in-law, father-in-law, or other person who is a member of the household; and may be granted leave with pay for such time as is actually necessary for office visits to a doctor, dentist, optometrist, etc., or in the case of sudden sickness or disability of a member of his house- hold, making arrangements for the care of such si.ck or disabZed person up to a maximum of four hours sick leave. 8.4 Maternity Leave. Maternity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the dare 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. - 10 - ARTICLE IX - MILITARY LEAVE OF ABSENCE 9.1 Pay Allowance. Any employee who shall be a member of the National Guard, the Naval Militia or any other component of the militia of the state, now or hereafter organized or constituted under state or federal law, or who shall be a member of the Officer's Reserve Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval force of the United States, now or hereafter organized or constituted under Federal law, shall be entitled to leave of absence from employment without loss of pay, seniority status, eff iciency rating, vacation, sick leave or other ben- ef its for all the time when such employee is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, provided that such leave sha.11 not exceed a total of fifteen (15) days in any calendar year and, further provided that such leave shall be allowed only in case the required military or naval service is satisfactorily performed, which shall be presumed unless the contrary is established. Such leave shall not be allowed unless the employee: (1) returns to his position 3mmediately upon being relieved from such military or naval service and not later than the expiration of time herein limited for such leave, or (2� is prevented from so returning by physical or mental dis- ability or other cause not due to such employee's own fault, or (3) is required by proper authority to continue in such military or naval service beyond the time herein limited for such leave. - 11 - � ARTICLE IX - MILITARY LEAVE OF ABSENCE (continued) 9.2 Leave Without Pay. Any employee who engages in active service in time of war or other emergency declared by proper authority of any of the military or naval forces of the state or of the United States for , � - which leave is not otherwise allowed by law shall be entitled to leave of absence from employment without pay during such service with right of reinstatement and sub3ect to such conditions as are imposed by lac.•. 9.3 Such leave of absence as are granted under Article 9 shall conform to Minnesota Statutes, Section 192, as amended from time to time and shall conf er no additional benef its other than those granted by said statute. - 12 - . '+� .. � , ARTICLE X - JURY DUTY 10.1 Any employee who is required to appear in court as a juror or witness 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 7 : _ : service shall be paid to the EMPLOYER and be deposited with the . . Director of Finance and Management Services. 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. - 13 - �'78256 A.RTICLE XI - SEVERANCE PAY 11.1 Employees shall be eligible for severance pay in accordance �Tith the Severance Pay Ordinance No. 11490. The amount of Severance Pay allowed sha.11 be that amount permitted by State Statutes subject to the provisions that the maximum amount allowed shall be $4,000. � - 14 - A.RTICLE XII - 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 own automobiles in the performance of their duties, the following provisions are adopted. 12.2 Method of Computation: To be eligible for s�ch reimbursement, alI off icers and employees must receive written authorization from the : _` Department I�ead. , Type I. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $3.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's position. � In addition, the employee shall be reimbursed IS� per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reim- bursed at the rate of 15G per mile driven and shall not be eligible f or any per diem. T�pe 2. If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reimbursed at the rate of $3.00 per day for each day of work. In addition, the employee shall be reimbursed 15� per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reim- bursed at the rate of 15� per mile driven and shall not be eligible for any per diem. 12.3 The City will provide parking at the Civic Center Parking Ra.mp for City employees on either of thc above mentioned types ot reimbursement plans who are required to have their personal car available for City bus3.ness. Such parking will be provided only for the days the employee is required to have his or her own personal car available. 12.4 Rules and Regulations: The Mayor shall adopt rules and regulatians governing the procedures for automobile reimbursement, which regulations and rules sh$11 contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personal in3ury, 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, sha11 be maintained on file with the city clerk. - 15 - � ���J� • ARTICLE XIII - WORKING OUT OF CLASSIFICATION 13.1 EMPLOYER shall avoid, whenever possible, working an employee on an out-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifteen ; (15} consecutive working days shall receive the rate of pay for the � _ out-of-class assignment in a higher classif ication not later than - the sixteenth (16th) day of such assignment. For puposes of this Article, an out-of-class assignment is defined as an assignment of an employee to perform, on a full time basis, all of the signif icant duties and responsibilities of a position different from the employee's regular position, and which is in a classif ication higher than the classification held by such employee. The rate of pay for an approved out-of-class assignment shall be the same rate the employee would receive if such employee received a regular appointment to the higher classif ication. - 16 - ARTICLE XIV - DISCIPLIr:E 14.1 The EMPLOYER will discipline employees far just cause only. Discipline will be in the form of: 14.11 Oral x eprimand; 14.I2 Written reprimand; _ . _ I4.�3 Susgension;. f4.14 Reduction; 14.15 Discharge 14.2 A notice in writing of Suspensions, Reductions and Discharges shall be sent to the employee and the union seventy-two (72) hours after such action is taken. 14.3 Employees and the UNION will receive copies of written reprimands and notices of suspension and discharge. 14.4 Employees may examine all information in the EMPLOYER personnel f ile that concerns work evaluations, commendations and/or disciplinary aetions. Files may be examined at reasonable times under the direct supervision of the IIrIPLOYER. 14.5 Discharges will be preceded by a five (5) day prelimi�ary suspension without pay. During said period, the employee and/or UNION may request, and shall be entitled to a meeting with the IIriPLOYER representative who initiated the suspension with intent to discharge. During said five (5) day period, the EMPLOYER may aff irm the suspension and discharge in accordance with Civil Service Rules or may modify, or withdraw same. 14.6 An employee to be questioned concerning an investigation or disciplinary action shall have the right to request that a UNION representative be present. 14.7 Grievances relating to this Article shall be processed in accordance with existing Civil Service procedures, except that oral and written reprimands shall be taken up in the grievance procedure under Article XVIII. - 17 - ARTICLE XV - INSURANC$ 15.1 The EMPLOYER will continue for the period of this AGREEA4ENT to provide for employees such health and life insurance benefits as are provided by the EMPLOYIIt at the time of execution of this AGREII�fENT. 15.2 The IIrIPLOYER will for the period of this AGREIIrIENT provide for employees who retire after the time of execution of this AGREEMENT and until such employees reach sixty-five (65) years of age such health insurance bene- f its and lif e insurance benef its as are provided by the EMPLOYER for such employees. 15.3 In order to be eligible for the benefits under this early retiree provision, the employee must: 15.31 Be receiving benef its from a public employee retirement act at the time of retirement. 15.32 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 15.33 Inform the Personnel Off ice of the City of Saint Paul in writing within 60 days of employee's early retirement date tha.t he or she wishes to be eligible for early retiree insurance benef its. 15.4 Effective December 1, 1981, for each eligible employee covered by this AGREII�IENT who selects Blue Cross-Blue Shield insurance coverage, the II�LOYER agrees to contribute the cost of such coverage or $69.70 per month, whichever is less. In addition, for each employee who selects Blue Cross-Blue Sh�eld dependent�s coverage, the IIKPLOYER will contribute the cost of such depen- dent's coverage or $81.59 per month, whichever is less. 15.5 Effective December 1, 1981 for each eligible employee covered by this AGREII�iENT who selects Group Health insurance coverage, the II�PLOYER agrees to contribute the cost of such coverage or $42.58 per month, whichever is - 18 - ARTICLE XV - INSURANCE (continued) , less. In addition, for each employee who selects Group Health dependent's coverage, the EMPLOYER will contribute the cost of such dependent�s coverage or $81.59 per month, whichever is less. 15.6 Eff ective December 1,� 1981 for each eligible employee covered by t'his :, _. . - .. ..>- . �6REIIKENT who selects the Coordinated Health insurance coverage, the F3�'LOYER • agrees to contribute the cost of such coverage or $56.90 per month, which- ever is less. In addition, for each employee who selects the Coordinated Health dependent's coverage, the EMPLOYER will contribute the cost of such dependent's coverage or $81.59 per month, whichever is less. 15.7 Effective December 1, 1981 for each eligible employee covered by this AGREEMENT who selects HMO-Minnesota insurance coverage, the IIrIPLOYER agrees to contribute the cost of such coverage or $68.96 per month, whichever is less. In addition, for each employee who selects the HMO riinnesota depen- dent's coverage, the EMPLOYER will contribute the cost of such dependent's coverage or $81.59 per month, whichever is less. 15.8 Effective December l, 1981, for each eligible employee covered by this AGREEMENT who selects SHARE insurance coverage, the II�IPLOYER agrees to contribute the cost of such coverage or $43.15 per month, whichever is less. In addition, for ea.ch employee who selects SHARE dependent's coverage, the . II�PLOYER will contribute the cost of such dependentts coverage or $81.59 per month, whichever is less. 15.9 Effective December 1, 1981 the EhIPLOYER agrees to contribute the cost for $10,000 of Lif e Insurance Coverage for each emp�oyee who is eligible for such coverage or $4.14 per month, whichever amount is less. This contribution shall be paid to the Employer's Group Health and Welfare Plan. - 19 - ARTICLE XV - INSURANCE (continued) 15.10 Effective October 1, 1982, the EMPLOYER'S contributions in Articles 15.4 thru 15.9 will be adjusted in dollars to reflect the October 1, 1982 increase in the premium rates for the respective coverages. I5.11 Effective October 1, 1983, the EMPLOYF.R'S contributions in Articles I5.4 thru I5.9 will be adjusted in dollars to reflect the October 1 , 1983, increase in the premium rates for the respective coverages. � 15.12 Effective December 31, 1983 the EriPLOYER'S contributions in Articles 15.4 thru 15.9 shall be adjusted in dollars back to the respective amounts which were in effect on September 30, 1983. - 20 - ARTICLE XVI - AOLIDAYS 16.1 Holiday 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 T�ao floating holidays °_ -. Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. For those employees assigned to a work week other than Monday through Friday, the holiday shall be observed on the calendar date of thQ holiday. 16.2 The floating holidays set forth in Section 16.1 above may be taken at any time during the contract year, subject to the approval of the Department Aead of any eanployee. 16.3 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. - 21 - � ARTICLE XVI - HOLIDAYS (continued) 16.4 If an employee entitled to a holiday is required to work on Washingtonts and Lincoln's Birthday, Christopher Columbus Day, or Veterans' Day, he shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department permits, or he shall be paid on a straight time basis for such hours worked, in addition to his regular holiday pay. If an employee entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, he shall be recompensed for work done on this day by being granted compensatory time on a time and one- half basis or by being paid on a time and one-half basis for such hours worked, in addition to his regular holiday pay. - 22 - ARTICLE XVII - VACATIO�' 17.1 In each calendar year, each full-time employee shall be granted vacation according to the following schedule: Years of Service Vacation Granted 0 - 4 years t0 days . ' . ` . : ; . .. .. .._... .. - .- . _ : -. after 4 years IS days after 9 years 17 days after 15 years 21 days after 23 years 26 days Employees who work less than full-time shall be granted vacation on a pro rata basis. 17.2 The head of the Department may permit an employee to carry over into the following year up to ten days' vacation. 17.3 The above provisions of vacation shall be sub�ect to the Saint Paul Salary Plan and Rates of Compensation, Section I, Sub. H. 17.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he may convert any part of such excess of vacation at the rate of one-half day's vacation for each day of sick leave credit. The maximum number of days' vacation allowed by the conversion of sick leave credits shall be no �ore than f ive days in any one year so that the maximum vacation time which may be taken in any one year shall be thirty- seven days including the regular vacation period. - 23 - �a �� �"�'..;��°`t ARTICLE XVIII - GRIEVANCE PROCEDURE • 18.1 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. - 18.2 It is recognized and accepted by the II�iPLOYER and the UNION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and sha11 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 EMPLOYIIt. 18.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided hy Article VII, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREIIrIENT. Grievance shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this AGREEMENT, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and ref erred to Step 2 by the UNION. The written grievance shall set forth the - 24 - ARTICLE XVIII - GRIEVANCE PROCEDURE (continued) nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREII�IENT violated, and the relief requested. Any alleged violation of the AGREE�•iENT not reduced to writing by the UNIQN within seven (7) calendar days of the f irst occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the f irst occurrence of the event giving � rise to the grievance, shall be considered waived. SteP 2. Within seven (7) cal.endar days after receiving the written grievance a designated F]�IPLOYER supervisor shall meet with the UNION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the �LOYER shall reply in writing to the UNION within three (3) calendar days follow- ing 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 ref erred in writing by the UNION within seven (7) calendar days following receipt of the FMPLOYER'S answer shall be considered waived. Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated II�lPLOYER 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 EMPLOYERtS 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 UNI01� to Step 4 within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. - 25 - ARTICLE XVIII - GRIEVANCE PROCEDURE (continued) 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 gri.evance. The arbitration proceedings shall be conducted by an , , arbitrator to be selected by mutual agreement of the E�IPLOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutually 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 f ive (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION shall strike the f irst (lst) name; the EMPLOYIIt shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 18.4 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 specif ic 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 arbitratorts decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of brief s by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's inter- pretation 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. - 26 - ARTICLE XVIII - GRIEVANCE PROCIDURE (continued) ' 18.5 The f ees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION, provided that each party sha.11 be responsible for compensating its own representatives and witnesses. - - ff eitfier party desires a verbatim record af the proceedings, it may cause _ ,:_ . : such a record to be made, providing it pays for the record. ` 18.6 The time limits in each step of this procedure may be extended by mutual agreement of the aiPLOYER and the UNION. 18.7 It is understood by the UNION and the EMPLOYER that a grievance may be determined by either the grievance procedure of this contract or by the provisions of the Civil Service Rules of the City of Saint Paul. If an issue is determined by this grievance procedure it shall not again be submitted foz arbitration under the Civil Service Rules. If an issue is determined by the provisions of the Civil Service Rules it shall not again be submitted for arbitration under this grievance procedure. - 27 - � ARTICLE XIX - RESIDENCY 18.1 The Residency Resolution effective August 4, 1979, in Council File No. 273378 shall apply to all employees covered by this AGREEMENT. - 28 - ARTICLE XXI - STRIKES, LOCKOUTS, WORK INTERFERENCE 21.1 The UNIONS and the EMPLOYERS agree that there shall be no strikes, work stoppages, slow-downs, sitdown, stay-in, or other concerted interference with the II�IPLOYER'S business or affairs by any of � . . � � � . . . . . � . . l . . _. said UNIONS and�or the members thereof, and there shall-be no bannering during the existance of this AGREEMENT without f irst using all possible means of peaceful settlement of any eontroversy which may arise. - 30 - ARTICLE XXII - TERMS OF AGREII�IENT 22.1 ComPlete Agreement and Waiver of Bargaining. This AGREEMENT shall represent the complete AGREEMENT between the UNION and the EMPLOYER. The parties acknowlec3ge that during the negotiations which resulted in ttiis AGREEMENT, . � ; r ` `. eacF� Fiad the unlimited right and opportunity to make requests and proposals - . .,. ._ . . . .. _ . with respect to any sub3ect or matter not removed by law from the area of collective bargaining, and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this AGREEMENT. Therefore, the IIKPLOYER and the UNION, for the lif e of this AGREEMENT, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any sub�ect or matter referred to or covered in this AGREEMENT. 22.2 Savings Clause. This AGREEMENT is sub3ect to the laws of the United States, the State of Minnesota, and the City of Saint Paul, In the event any pro- vision af this AGREEMENT shall hold to be contrary to law by a court of competent jurisdiction from whose final 3udgment 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. 22.3 Terms of Agreement. This AGREEMENT shall be in fuil force and effect from January 1, 1982, to December 31, 1983, and shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing by June 1, that it desires to modify or terminate this AGREEMENT. In witnesa thereof, the parties have caused this AGREEMENT to be executed this 21st day of peceinber , 1981. - 31 - ARTICLE XXII - TERMS OF AGREEMENT (continued) 22.4 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 UNION. _ WITNESSES: CITY OF SAINT PAUL INTERNATIONAL UIQION OF OPERATIi�'G ENGINEERS, LO L NOS. 36 AND 967 . ` BY: z,-�--,� �� CL�:L'� bor Relations r or Business Manager, Local 36 BY: BY: �� Civil Service Commission Busine s Manager, Local 967 - 32 - APPENDIX A - WAGES � The wage rates and salary ranges for classifications in this unit are effective December 26, 1981, as follows: First After 6 mos 6 mos Building Maintenance Supervisor-TVI $ $11.8Q - Chief Operating Engineer--Civic Center - 11.72 12.17 ' Custodian-Engineer I 9.4I 9.83 Custodian-Engineer I--Library 9.41 9.83 Custodian-Engineer I--Public Saf ety 9.41 9.83 Custodian-Eng.ineer II 9.56 lO.11 Custodian-Engineer II--Library 9.56 10.11 � Custodian-Engineer III 9.83 10.37 Custodian-Engineer III--Library 9.83 10.37 Custodian-Engineer IV 10.15 10.70 Custodian-Engineer V 10.52 11.04 Filter Plant Operator I 10.18 10.60 Filter Plant Operator II 10.78 11.22 House Custodian II 7.15 Instrument Repairman (Filter Plant) 10.78 11.22 Lime Recovery Operator 10.18 10.60 Maintenance Man 10.18 10.60 Operating Engineer I--Civic Center 10.18 10.60 Operating Engineer II--Civic Center 10.78 11.22 Pumping Engineer I 10.18 10.60 Pumping Engineer II 10.78 11.22 Pumping Engineer III 11.72 12.17 Sewer Pumping Station Operator 11.24 11.68 Stationary Engineer 10.18 10.60 *Stationary Fireznan 9.91 10.35 Supervisory Stationary Engineer 10.69 11.12 Trainee (Custodian-Engineer) 5.05 Water Plant Aide 9.k2 9,85 After After After . Start 6 mos 1-yr• 2-yrs Custodian $8.22 $8.45 $8.61 $8.87 . General Matron 389.33 403.05 417.43 433.19 448.95 466.08 475.68 486.63 Custodian (Light Duty) 436.61 453.07 469.51 486.63 505.84 525.01 537.35 550.36 Security Officer 438.11 455.93 472.37 490.19 509.39 530.62 54I.57 555.28 - A1 - . APPEP7DIX A - WAGES (continued) 4:atchman II 48Q.59 498.42 516.91 536.79 558.03 580.65 595.72 609.41 Watchman-Water Department 496.10 513.93 532.42 552.31 573.54 596.16 611.24 624.92 Civic Center Plant Helper ` 681.71 699.20 _ "" Assistant Superintendent of Stadium 619.16 643.83 668.49 697.27 725.36 755.50 774.70 796.62 Stadium Supervisor 817.60 840.16 Personnel hired for employmertt with the City after the date of the signing of this agreement, to a class of positions listed in 1 above, shall be compensated at the "0 - 6 months" hourly wage rate during their probationary period. After completion of the probationary period the employee shall be paid at the "after 6 months" hourly wage rate. Employees promoted from any of the positions listed in 1 above to any position listed in 1 above shall receive the "after 6 months" hourly wage rate. Temporary and emergency employees shall be paid the minimum rate indicated in this appendix for the classification in which they are employed. The above December 26, 1981 rates represent a ten (10) percent increase over the January 3, 1981 rates. -A2- APPENDIX A - ti�AGES . The wage rates and salary ranges for classif ications in this unit are effective December 25, 1982, as follows: First Af ter 6 mo s 6 mo s Building Maintenance Supervisor-TVI $ $12.86 Chief Operating Engineer--Civic Center . 12.77 - - 13.27' . Custodian-Engineer I = _ ,� 10.26 � -:- � - 10.71 .. ;.-. _ Custodian-Engineer I--Library `=IQ.26 -., I0.7I -.. _ _ Custodian-Engineer I--Public Safety ' I0.26 . I0.�71 Custodian-Engineer II 10.42 11.02 Custodian-Engineer II--Library 10.42 11.02 Custodian-Engineer III 10.71 11.30 Custodian-Engineer III--Library 10.71 11.30 Custodian-Engineer IV 11.06 11.66 Custodian-Engineer V 11.47 12.03 Filter Plant Operator I 11.10 11.55 Filter Plant Operator II I1.75 12.23 House Custodian II 7.79 Instrument Repairman (Filter Plant) 11.75 12.23 Lime Recovery Operator � 11.10 11.55 Maintenance Man 11.10 11.55 Operating Engineer I--Civic Center 11.10 11.55 Operating Engineer II--Civic Center 11.75 12.23 Pumping Engineer I 11.10 11.55 Pumping Engineer II 11.75 I2.23 Pumping Engineer III 12.77 13.27 Sewer Pumping Station Operator 12.25 12.73 Stationary Engineer 11.10 11.55 *Stationary Fireman 10.80 11.28 Supervisory Stationary Engineer 11.65 12.12 Trainee (Custodian-Engineer) 5.50 Water Plant Aide 10.27 10.74 Af ter Af ter After Start 6 mos 1_yr• 2-yrs Custodian $8.96 $9.21 $9.38 $9.67 General Matron 424.37 439.32 455.00 472.18 489.36 508.03 518.49 530.43 Custodi.an (Light Dut�) 475.90 493.85 511.77 530.43 551.37 572.26 585.71 599.89 S ecur it� Of f ic er 477.54 496.96 514.88 534.31 555.24 578.38 590.31 605.26 - A3 - ' APPENDIX A - WAGES (cor�tinued) Watchman II 523.84 543.28 563.43 585.10 608.25 632.91 649.33 644.26 Watchman-Water Department 540.75 560.18 580.34 602.02 625.16 649.81 666.25 681.16 _ _, �. Eivic Center Plant Helper :' 743.06 762.13 Assistant Superintendent of Stadium 674.88 701.77 728.65 760.02 790.64 823.50 844.42 868.32 Stadium Supervisor 891.18 915.77 Personnel hired for employment with the City after the date of the signing of this agreement, to a class of positions listed in l above, shall be compensated at the "0 - 6 months" hourly wage rate during their probationary period. After completion of the probationary period the employee shall be paid at the "after 6 months" hourly wage rate. Employees promoted from any of the positions listed in 1 above to any position listed in 1 above shall receive the "after 6 months" hourly wage rate. Temporary and emergency employees shall be paid the minimum rate indicated in this append� for the classif ication in which they are emgloyed. The above December 25, 1982 rates represent a nine (9) percent increase over the December 26, 1981 rate.s. -A4- �C � {..�� GRn . PINK - FINANCE �^��� CANARY - DEPARTMENT COU[iCll �� 6LUE - MAYOR G I TY OF SA I NT PAU L File NO. v � �� C I T Y C L E R K �ouncil Resolution Presented By Referred To Committee: Date Out of Committee By Date r RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1982-1983 Collective Bargain,ing , Agreement between the City of Saint Paul and the International Union of Operating Engineers, Locals 36 and 967, representi.ng the Custodial and Operati.ng Engineers Bargaining Unit. App rove d: Chai rman � Civil Service Commission COUNCILMEN Requestgd by Department of: Yeas Nays Hunt PERSONNEL OFFICE Levine In Favor Maddox snowa�te. A gai n s t BY Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date Certified Yassed by Counc.il Secretary �Y By Approved by 1�layor. Date Approved by Mayor for Submission to Council By ' . BY ,..-•, Cx'�'�C �3F ���.}:�r� �.�1.Y:7'L . �..• �. r ; •�•. :,. . . � ��'i. OF`.E'Iv�.i �� ,��.'Li�. Ctrr� Ci�l��.ri.�.�+ ���=::. t":, . ' � � � .; �:..::�� ���8256 .� s..��; .�: -. i-�, ; i; .�.,. s�� �'! E:::� ��:���`:� ���� j' . . `� ,�f�� Do�� : � February 4, 1982 tss'-„'.�"c-!�, � C �? �>� �ii i ! �'�' � �' � � Q 'n`� � . , . . . .- .. TO : Sdin� Pdui Ci��� �vu�3c31 � � .- .-= �� O l�r� = C 4 i t'!I71 i 3 i�@ O I'I FTNANCE, �1��1�-1GF.��IENT � PERSONN�L � _ . .. . . . � George Mc�Iahon : � ' ; ehoirnany ma�:ces The fci lo�rling . � . .- . repari an �G..F. . � [� Ordint�t�ce . . . � . _ • � �. (3) � Resolu�ion . " . - . • - . . . . . . • � C?:h e�' . ' .• ' � t�'.L� : . � . � � • . . . _. . . . . . At its meeting of February 4, 1932, the Finance•Carrmlittee recommended approval � � -:. � -__-o�-.the fallowing: . . _-� . � .. _ 10. Resolution approving Memorandwn of Agreement amending 1982-1983-1984 � • Collective Bargaining �reement betcaeen City and Saint Paul Stipervisors ' � Organization. (•12653-(�I}. - . • •• • - _ • 11. . Resolution approving� 1982=1983 Collective Bargaining Agreement between the - � - City and'the. International Union of Operating Engineers, Lo�als 36 and 9.67: ' - ' •� (12654-GI� . . � . - • - , � . 12. Resolution approving MemorandturC ,of Agreement amending the 198�=�1983 Contract - � between.the City and. th� St. 'Paul Professional Employees Associ�tion. � . (12652-GM) � . � � � '- . . • . , . • .. .. � ' � • • � . - � � • . • . .. � . . , ; �'IT�' �J.AtL Sfi�'E:�TH FLOO:t r 1� I S:1I�T PA.jt., tiEi�t�E.SJ�l1 SSi� _wN .:_ "� ' • ' � �o not �,�tach tt,is memorandum from thY F, rn � Pc. � ��a-� r��o�stian so that th�s informatlon WIII br Av�il�bie to the City Councli. 2 7 �a�'"�j I EXPLArTATION OF ADMINISTRATIVE ORDERS, RESOLUTIONS, AND ORDINANCES Date: J�anuary 6, 1982 � �ECEIVED � TO: MAY R GEORGE LATIMER �A P� ? �� ��U� FR: Per�onnel off�ce MAYORS OF�iCE RE: Res�lutio�i for submission to City Council ACTION REQ 'ESTED We recomme d your approval and submission of this Resolution to the City Cowncil. PURPOSE AN RATIONALE FOR THIS ACTION This Reso ution approves the 1982-1983 Collective Bargaining Agreement between the City of St. Paul and the International Union of Operating Engineers, Locals 36 and 96? (Custodial and Operating Engineers Bargaining Unit). Thi s Agre�ment include s change s in the following Article s: Article VI� - Hours. New language more clearly define s the norma.l work day and work week Work day to be 8 consecuti.ve hours and {for Libraries only) v�rork week to be 5 co secuti.ve days followed by 2 consecutive days off. _ Article X � - Insurance. New language which provides for th.e employer to'pay all tlie cost of the employee's insurance coverage and up to $81. 59 per month toward the cost for depen nts. In the second year, the Employer will pay the increase in premiums. � Article XI'� - Residency. Changed to the requirements contained in the Residency Re soluti.on passed by the City Council i.n 1979• Article XXj - Wage s. 1982 - 10% increase , 1983 - 9% increase , FINANCIAI IMPAC T 1982 1983 � Wage s $214, 000 $212, 000 � In surance 5, 000 Unknown � � '� ATTACI�IENTS� � Resolui�.on and copy for the City Clerk. Also Collective Bargaining Agreement. � �