Loading...
00-580Council File # �_�$� oR���Na� Presented by Refeaed To Committee Date 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 Memorandum of Understauding between the St. Paul Civic Center Authority (also known as RiverCentre Authority) an agency of the City of Saint Paui and the Intemational Union of Operating Engineers, 0 G7 7 Local 70, the International Alliance of Theatrical State Employees and the Manual and Maintenance Supervisors Association to delineate the resolution of personnel and labor issues concerning Union- represented employees ofthe City working at the RiverCentre who are being laid off from City empioyment and offered employment by the Saint Paul Arena Company, LLC, a Minnesota limited liability company. Requested by Deparpnent o£ Office of Labor Relations BS'� P . Form Ap oved by C�it Attomey By: � ° �� - �'�1--�' —° �- 6 ( � � � Adopted by Council: Date � ES Oo0 Adoption Certified by Council Se etary 9 Y� � \� .l � � _�-' - �, �( lpproved by Mayor: Date `�cl $� ;y: RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # 08920_ � Approv ayor for Su m' sion to Council By: �� DEPARTl1�NTlOFFICElCOUNCII.: LABOR RELATTONS CONTACT PERSOIY & PAONE: TERRY HALT'iNER 266-8897 Mf7ST BE ON COUNCII. AGENDA BY (DATE) TOTAL#QFSIGNATURE DATE INTT7ATED GREEN SHEET June 1, 2000 � IIit7L+LDATE ASSIGN 1 DEPARTMENT D__`� 4 NUMBER 2CI7YATTORNEY FOR B[JDGET DIR ROUTING 3 MAYOR (OR ASST.) _�� ORDER ALL LOCATIONS FOR No.: 08920 �O "S� II�1I77ALDA7E C[TY CQUNCIL CITY CLERK FIN. & MGT. SERVICE DIR. ncnox n�ussrEn: This resolution approves the attached Memorandwn of Understanding between the 3t. Paul Civic Center Authority ( also known as RiverCentre Authority) an agency of the Ciry of Saint Paul and the Intemational Operating Engineers Loca170, International Alliance of Theatrical Stage Employees, and Manual and Maintenance Supervisors Association to delineate the resolution of personnel and labor issues conceming Union- represented employees of the City working at the RiverCentre who aze being laid off from City employment and offered employmerrt by the Saint Paul Arena Company, LLC, a Minnesota lnnited liability company. RECO�Rv�NDATIQNS: Approve (A) or Reject {R) PLANNING COMbUSSION _CIVIL SERVICE COMMISSION Cffi COMI.9ITEE STAFF QISTRICT CAURT SUPPORTS WHiCH CQUNC[L OBIECIIVE? PERSONAL SERVICE CONPRACIS MUST ANSWER 7'IiE FOLLOWING QUESTIONS: 1. Has this yersonlCum ever warked under a contract for this depactment? Yes No 2. Has this person/firm eva been a city employee? Yes No 3. Dces this penocJfum possess a skill jwt normaity possessed by any cuRent c3ty Yes No Eaplsin all yes answers on separate sheet and attacd to green sheet INI1'IATING PROBLEM, I9�UE, OPPORIT7NTTY (Who, WLat, When, Where, Why)� Saint Paul Arena Company will be taking over management of the RiverCentre. The City is required by law to negotiate the impact with the affected unions. AJ�AAITAGES IF APpROVED: - imple7nentation of the attached Memoranduxn of Uttderstanding that has been negotiaxed with the unions. DISADVANTAGES IF APPROVED: t�one iSADVANTAGESIF NOT APPROVED: 'he City would have to return to the bazgaining table or be in violation of the Public Employees Labor Relarions ct. TAL AMOi7NT OF TRANSACI70N: O VDING SOURCE: ANCIAL INFQRMATION: (EXPLAIN) � cost wiil be paid by the Saint Paul Arena Company. COSf/REVF.NUE BUDGETED: ACTIVCPY NUMEER: ✓ � t MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (hereinafter °M�U") is made and entered into this _Z day of ��, 2000, by and between the St. Paul Civic Center Authority (also laiown as"RiverCenire Authority"), an agency of the City of Saint Paul (hereinafter "City"), and the International Union of Operating Engineers, Local 70 (hereinafter "Local 70- City"), the International Alliance of Theatrical5tage Employees (hereinafter "IATSE- City") and the Manual and Maintenance Supervisors Association (hereinafter "M&M- City") to delineate the resolution of personnel and labor issues concerning Union- represented employees of the City working at the RiverCentre who aze being laid off from City employment and offered employment by the Saint Paul Arena Company, LLC, a Minnesota limited liability company (hereinafter "SPAC"). The parties understand and/or agree to the following: This MOU is contingent on a signed Master Agreement between the City, the RiverCentre Aixthority and SPAC concerning the management of the RiverCentre facility. 2. As part of that Master Agreement, the employees Iisted on Appendix A of this agreement (hereinafter "Employees") will be laid off by the City, effective June 30, 2Q00 and offered employment by SPAC, effecrive July 1, 2000. 3. Vacation Accruals. Employees will have their vacation accruals as of June 30, 2000 paid out in full, except for the accruals that the empioyee chooses to cany forward to SPAC, up to the maYimum amount aliowed by SPAC. The pay out of accrued vacation will be based on the employee's salary rate as of June 30, 2000. 4. Compensatory Time. Employees wiil have their unused compensatory time as of June 30, 2000 paid out in full. The pay out of unused compensatory time will be based on the employee's salary rate as of June 30, 2000. Sick Leave. There will be no pay out of accrued sick leave. However, Employees may choose to carry forward an amount of sick leave accruals to be deteimined by SPAC. Any sick leave accruals that an employee chooses to carry forward to SPAC will be excluded from any severance pay calcularions related to #9 &#10 below. 6. Reinstatement rights. For the purposes of this MOU oniy and only for the group of Employees wha were hired through the Civil Service pmcess, the Civil Service Rules regarding reinstatement rights shali be extended from two years to three yeazs, expiring June 30, 2003. The reinstatement rights during the third year shall apply only to vacancies within the City of St. Paul and not to vacancies at the St. Paui �O� �� Page 1 of 3 Schools. Ail other issues related to reinstatement rights will be handled in accordance with existing Civil Service Ru1es regazding layoff and reinstatement. To receive the severance pay and retiree insurance cash out described in #9, 10 and 11 below, Employees with civil service riy�ts must first waive their reinstatement rights. Such employees may waive these rights at any time during the three yeaz reinstatement period ending on June 30, 2003. Employees without reinstatement rights to waive aze unmediately eligible for the severance pay and retiree insurance cash out described below. 8. The amount of severance pay and retiree insurance cash out due to each Employee is listed on Appendix B of this agreement and shall not be increased or decreased for any reason, regardless of length of time on the reinstatement list. Time on a reinstatement list does not count towazd years of service far severance pay eligibility. 9. Severance Pay. Empioyees who are eligible for severance pay at the time of layoff shall receive that pay in accordance with their respective collective bargaining agreement. 10. In addition, Employees who may not qualify under the terms of their e�sting bargaining agreement far full severance payments shall be eligible for the indicated prorated severance benefit in Appendix B. This prorated severance benefit is based on age, years of service and the respective collective bargaining agreements. 1 l. Retiree Insurance Cash Out. Employees listed on Appendix B of this agreement sha11 be eligible for the indicated pro-rated retiree insurance cash out. This prorated reriree insurance cash out is based on age, years of service and the respective collective bargaining agreements. 12. If the total payxnent due to an Employee under any combination of #9, 10 and 11 above exceeds $10,000, payments shall be made in installments across three yeazs. 13. The inirial severance/retiree insurance cash out payment to an Employee with civil service rights shall be made in the first Febivary following the Employee's waiver of histher reinstatement rights. The initial severanceJreriree insurance cash out payment to Employees without civil service rights shall be made in February 2001. 14. In accordance with law, all payments to employees under this MOU will be treated as income for taat purposes. oo-Sgo Page 2 of 3 It is agreed by all parties to this MOU that the terms and condifions specified herein aze unique, apply only to the transition of the City employees assigned to the RiverCentre to SPAC, and shall not be coustrued to establish a precedent. CITY OF SAINT PAUL ��� Mayor Norm Coleman n� �c�,� Rei , Finance Director / • f r�( . ��... - -_ /•. �. ti� . C'a�� Hamilton, HR Director Rich H. hri g Rive entre ority Chairman Approved as to form: ��S�aa John McCornuck Assistant City Attorney EXCLUSIVE REPRESENTATIVES . Ed Kraznlinger, Bus' ss Rep. Local 0 arry ovotny, Stew Loc 70 � David Colby, Business Age IATSE P ' Matt 'ce, Business Agent IATSE ������ -t�i Ron Rollins, Attorney M&M Supervisors ���l� Dan Palumbo, President M&M Supervisors Page 3 of 3 pp-S8O � F t l Civil Service D. Anderson - M&M 7. Fischbach - M&M T. Wolfgram - M&M S. Gallahue - IATSE R. Schmoller - IATSE J. Flanders - Loca170 R. Foerster - Loca170 P. Hitchcock - Loca170 Z. Klupacs - Loca170 P. Krey - Loca170 D. Mulliner - Loca170 L. Novomy - Loca170 J. Pearson - Loca170 Non-Civil Service (unclassified]: P. Molitor - IATSE D. Cardenas - Loca170 J. Duffy - Loca170 P. Hurley - Loca170 H. Lockwood - Loca170 J. Moreno - Loca170 A. Zeece - Loca1 �0 � � � � i Severance $ 5,000 $ 3,280 $ 4,000 $ 1,946 $ 2,624 $ 4,000 $ -0- $ 4,000 $ -0- $ -0- $ 2,273 $ 1,328 $ -0- $ -0- $ -0- $ -0- $ -0- $ -0- $ -0- $ -0- Ret. Ins. Cashout $ 8,225 $ 3,158 $ 7,050 $ 15,483 $ 27,081 $ 4,726 $ 18,092 $ 3,367 $ 1,467 $ 8,045 $ 4,257 $ 2,556 $ 16,606 $ 1,194 $ 1,310 $ 40 $ 345 $ -0- $ 3,033 $ -0- Total $ 13,225 $ b,438 $ 11,050 $ 17,429 $ 29,705 $ 8,726 $ 18,092 $ 7,367 $ 1,467 $ 8,045 $ 6,530 $ 3,884 $ 1b,606 $ $ $ $ $ $ $ 1,194 1,310 40 345 -0- 3,033 -0- O� -�� ao - S$o APPENDLX A Union represented employees Covered by this MOU Civil Service D. Anderson - M&M J. Fischbach - M&M T. Wolfgram - M&M S. Gallahue - IATSE R. Schznoller - IATSE J. Flanders - Loca170 R. Foerster - Loca170 P. Hitchcock - Loca170 Z. Klupacs - Loca170 P. Krey - Local ?0 D. Mulliner - Local ?0 L. Novotny - Loca170 J. Pearson - Loca170 Non-Civil Service �unciassified�: P. Molitor - IATSE D. Cardenas - Loca170 7. Duffy - Loca170 P. Hurley - Loca170 A. Lockwood - Loca170 J. Moreno - Loca170 A. Zeece - Loca170 Council File # �_�$� oR���Na� Presented by Refeaed To Committee Date 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 Memorandum of Understauding between the St. Paul Civic Center Authority (also known as RiverCentre Authority) an agency of the City of Saint Paui and the Intemational Union of Operating Engineers, 0 G7 7 Local 70, the International Alliance of Theatrical State Employees and the Manual and Maintenance Supervisors Association to delineate the resolution of personnel and labor issues concerning Union- represented employees ofthe City working at the RiverCentre who are being laid off from City empioyment and offered employment by the Saint Paul Arena Company, LLC, a Minnesota limited liability company. Requested by Deparpnent o£ Office of Labor Relations BS'� P . Form Ap oved by C�it Attomey By: � ° �� - �'�1--�' —° �- 6 ( � � � Adopted by Council: Date � ES Oo0 Adoption Certified by Council Se etary 9 Y� � \� .l � � _�-' - �, �( lpproved by Mayor: Date `�cl $� ;y: RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # 08920_ � Approv ayor for Su m' sion to Council By: �� DEPARTl1�NTlOFFICElCOUNCII.: LABOR RELATTONS CONTACT PERSOIY & PAONE: TERRY HALT'iNER 266-8897 Mf7ST BE ON COUNCII. AGENDA BY (DATE) TOTAL#QFSIGNATURE DATE INTT7ATED GREEN SHEET June 1, 2000 � IIit7L+LDATE ASSIGN 1 DEPARTMENT D__`� 4 NUMBER 2CI7YATTORNEY FOR B[JDGET DIR ROUTING 3 MAYOR (OR ASST.) _�� ORDER ALL LOCATIONS FOR No.: 08920 �O "S� II�1I77ALDA7E C[TY CQUNCIL CITY CLERK FIN. & MGT. SERVICE DIR. ncnox n�ussrEn: This resolution approves the attached Memorandwn of Understanding between the 3t. Paul Civic Center Authority ( also known as RiverCentre Authority) an agency of the Ciry of Saint Paul and the Intemational Operating Engineers Loca170, International Alliance of Theatrical Stage Employees, and Manual and Maintenance Supervisors Association to delineate the resolution of personnel and labor issues conceming Union- represented employees of the City working at the RiverCentre who aze being laid off from City employment and offered employmerrt by the Saint Paul Arena Company, LLC, a Minnesota lnnited liability company. RECO�Rv�NDATIQNS: Approve (A) or Reject {R) PLANNING COMbUSSION _CIVIL SERVICE COMMISSION Cffi COMI.9ITEE STAFF QISTRICT CAURT SUPPORTS WHiCH CQUNC[L OBIECIIVE? PERSONAL SERVICE CONPRACIS MUST ANSWER 7'IiE FOLLOWING QUESTIONS: 1. Has this yersonlCum ever warked under a contract for this depactment? Yes No 2. Has this person/firm eva been a city employee? Yes No 3. Dces this penocJfum possess a skill jwt normaity possessed by any cuRent c3ty Yes No Eaplsin all yes answers on separate sheet and attacd to green sheet INI1'IATING PROBLEM, I9�UE, OPPORIT7NTTY (Who, WLat, When, Where, Why)� Saint Paul Arena Company will be taking over management of the RiverCentre. The City is required by law to negotiate the impact with the affected unions. AJ�AAITAGES IF APpROVED: - imple7nentation of the attached Memoranduxn of Uttderstanding that has been negotiaxed with the unions. DISADVANTAGES IF APPROVED: t�one iSADVANTAGESIF NOT APPROVED: 'he City would have to return to the bazgaining table or be in violation of the Public Employees Labor Relarions ct. TAL AMOi7NT OF TRANSACI70N: O VDING SOURCE: ANCIAL INFQRMATION: (EXPLAIN) � cost wiil be paid by the Saint Paul Arena Company. COSf/REVF.NUE BUDGETED: ACTIVCPY NUMEER: ✓ � t MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (hereinafter °M�U") is made and entered into this _Z day of ��, 2000, by and between the St. Paul Civic Center Authority (also laiown as"RiverCenire Authority"), an agency of the City of Saint Paul (hereinafter "City"), and the International Union of Operating Engineers, Local 70 (hereinafter "Local 70- City"), the International Alliance of Theatrical5tage Employees (hereinafter "IATSE- City") and the Manual and Maintenance Supervisors Association (hereinafter "M&M- City") to delineate the resolution of personnel and labor issues concerning Union- represented employees of the City working at the RiverCentre who aze being laid off from City employment and offered employment by the Saint Paul Arena Company, LLC, a Minnesota limited liability company (hereinafter "SPAC"). The parties understand and/or agree to the following: This MOU is contingent on a signed Master Agreement between the City, the RiverCentre Aixthority and SPAC concerning the management of the RiverCentre facility. 2. As part of that Master Agreement, the employees Iisted on Appendix A of this agreement (hereinafter "Employees") will be laid off by the City, effective June 30, 2Q00 and offered employment by SPAC, effecrive July 1, 2000. 3. Vacation Accruals. Employees will have their vacation accruals as of June 30, 2000 paid out in full, except for the accruals that the empioyee chooses to cany forward to SPAC, up to the maYimum amount aliowed by SPAC. The pay out of accrued vacation will be based on the employee's salary rate as of June 30, 2000. 4. Compensatory Time. Employees wiil have their unused compensatory time as of June 30, 2000 paid out in full. The pay out of unused compensatory time will be based on the employee's salary rate as of June 30, 2000. Sick Leave. There will be no pay out of accrued sick leave. However, Employees may choose to carry forward an amount of sick leave accruals to be deteimined by SPAC. Any sick leave accruals that an employee chooses to carry forward to SPAC will be excluded from any severance pay calcularions related to #9 &#10 below. 6. Reinstatement rights. For the purposes of this MOU oniy and only for the group of Employees wha were hired through the Civil Service pmcess, the Civil Service Rules regarding reinstatement rights shali be extended from two years to three yeazs, expiring June 30, 2003. The reinstatement rights during the third year shall apply only to vacancies within the City of St. Paul and not to vacancies at the St. Paui �O� �� Page 1 of 3 Schools. Ail other issues related to reinstatement rights will be handled in accordance with existing Civil Service Ru1es regazding layoff and reinstatement. To receive the severance pay and retiree insurance cash out described in #9, 10 and 11 below, Employees with civil service riy�ts must first waive their reinstatement rights. Such employees may waive these rights at any time during the three yeaz reinstatement period ending on June 30, 2003. Employees without reinstatement rights to waive aze unmediately eligible for the severance pay and retiree insurance cash out described below. 8. The amount of severance pay and retiree insurance cash out due to each Employee is listed on Appendix B of this agreement and shall not be increased or decreased for any reason, regardless of length of time on the reinstatement list. Time on a reinstatement list does not count towazd years of service far severance pay eligibility. 9. Severance Pay. Empioyees who are eligible for severance pay at the time of layoff shall receive that pay in accordance with their respective collective bargaining agreement. 10. In addition, Employees who may not qualify under the terms of their e�sting bargaining agreement far full severance payments shall be eligible for the indicated prorated severance benefit in Appendix B. This prorated severance benefit is based on age, years of service and the respective collective bargaining agreements. 1 l. Retiree Insurance Cash Out. Employees listed on Appendix B of this agreement sha11 be eligible for the indicated pro-rated retiree insurance cash out. This prorated reriree insurance cash out is based on age, years of service and the respective collective bargaining agreements. 12. If the total payxnent due to an Employee under any combination of #9, 10 and 11 above exceeds $10,000, payments shall be made in installments across three yeazs. 13. The inirial severance/retiree insurance cash out payment to an Employee with civil service rights shall be made in the first Febivary following the Employee's waiver of histher reinstatement rights. The initial severanceJreriree insurance cash out payment to Employees without civil service rights shall be made in February 2001. 14. In accordance with law, all payments to employees under this MOU will be treated as income for taat purposes. oo-Sgo Page 2 of 3 It is agreed by all parties to this MOU that the terms and condifions specified herein aze unique, apply only to the transition of the City employees assigned to the RiverCentre to SPAC, and shall not be coustrued to establish a precedent. CITY OF SAINT PAUL ��� Mayor Norm Coleman n� �c�,� Rei , Finance Director / • f r�( . ��... - -_ /•. �. ti� . C'a�� Hamilton, HR Director Rich H. hri g Rive entre ority Chairman Approved as to form: ��S�aa John McCornuck Assistant City Attorney EXCLUSIVE REPRESENTATIVES . Ed Kraznlinger, Bus' ss Rep. Local 0 arry ovotny, Stew Loc 70 � David Colby, Business Age IATSE P ' Matt 'ce, Business Agent IATSE ������ -t�i Ron Rollins, Attorney M&M Supervisors ���l� Dan Palumbo, President M&M Supervisors Page 3 of 3 pp-S8O � F t l Civil Service D. Anderson - M&M 7. Fischbach - M&M T. Wolfgram - M&M S. Gallahue - IATSE R. Schmoller - IATSE J. Flanders - Loca170 R. Foerster - Loca170 P. Hitchcock - Loca170 Z. Klupacs - Loca170 P. Krey - Loca170 D. Mulliner - Loca170 L. Novomy - Loca170 J. Pearson - Loca170 Non-Civil Service (unclassified]: P. Molitor - IATSE D. Cardenas - Loca170 J. Duffy - Loca170 P. Hurley - Loca170 H. Lockwood - Loca170 J. Moreno - Loca170 A. Zeece - Loca1 �0 � � � � i Severance $ 5,000 $ 3,280 $ 4,000 $ 1,946 $ 2,624 $ 4,000 $ -0- $ 4,000 $ -0- $ -0- $ 2,273 $ 1,328 $ -0- $ -0- $ -0- $ -0- $ -0- $ -0- $ -0- $ -0- Ret. Ins. Cashout $ 8,225 $ 3,158 $ 7,050 $ 15,483 $ 27,081 $ 4,726 $ 18,092 $ 3,367 $ 1,467 $ 8,045 $ 4,257 $ 2,556 $ 16,606 $ 1,194 $ 1,310 $ 40 $ 345 $ -0- $ 3,033 $ -0- Total $ 13,225 $ b,438 $ 11,050 $ 17,429 $ 29,705 $ 8,726 $ 18,092 $ 7,367 $ 1,467 $ 8,045 $ 6,530 $ 3,884 $ 1b,606 $ $ $ $ $ $ $ 1,194 1,310 40 345 -0- 3,033 -0- O� -�� ao - S$o APPENDLX A Union represented employees Covered by this MOU Civil Service D. Anderson - M&M J. Fischbach - M&M T. Wolfgram - M&M S. Gallahue - IATSE R. Schznoller - IATSE J. Flanders - Loca170 R. Foerster - Loca170 P. Hitchcock - Loca170 Z. Klupacs - Loca170 P. Krey - Local ?0 D. Mulliner - Local ?0 L. Novotny - Loca170 J. Pearson - Loca170 Non-Civil Service �unciassified�: P. Molitor - IATSE D. Cardenas - Loca170 7. Duffy - Loca170 P. Hurley - Loca170 A. Lockwood - Loca170 J. Moreno - Loca170 A. Zeece - Loca170 Council File # �_�$� oR���Na� Presented by Refeaed To Committee Date 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 Memorandum of Understauding between the St. Paul Civic Center Authority (also known as RiverCentre Authority) an agency of the City of Saint Paui and the Intemational Union of Operating Engineers, 0 G7 7 Local 70, the International Alliance of Theatrical State Employees and the Manual and Maintenance Supervisors Association to delineate the resolution of personnel and labor issues concerning Union- represented employees ofthe City working at the RiverCentre who are being laid off from City empioyment and offered employment by the Saint Paul Arena Company, LLC, a Minnesota limited liability company. Requested by Deparpnent o£ Office of Labor Relations BS'� P . Form Ap oved by C�it Attomey By: � ° �� - �'�1--�' —° �- 6 ( � � � Adopted by Council: Date � ES Oo0 Adoption Certified by Council Se etary 9 Y� � \� .l � � _�-' - �, �( lpproved by Mayor: Date `�cl $� ;y: RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # 08920_ � Approv ayor for Su m' sion to Council By: �� DEPARTl1�NTlOFFICElCOUNCII.: LABOR RELATTONS CONTACT PERSOIY & PAONE: TERRY HALT'iNER 266-8897 Mf7ST BE ON COUNCII. AGENDA BY (DATE) TOTAL#QFSIGNATURE DATE INTT7ATED GREEN SHEET June 1, 2000 � IIit7L+LDATE ASSIGN 1 DEPARTMENT D__`� 4 NUMBER 2CI7YATTORNEY FOR B[JDGET DIR ROUTING 3 MAYOR (OR ASST.) _�� ORDER ALL LOCATIONS FOR No.: 08920 �O "S� II�1I77ALDA7E C[TY CQUNCIL CITY CLERK FIN. & MGT. SERVICE DIR. ncnox n�ussrEn: This resolution approves the attached Memorandwn of Understanding between the 3t. Paul Civic Center Authority ( also known as RiverCentre Authority) an agency of the Ciry of Saint Paul and the Intemational Operating Engineers Loca170, International Alliance of Theatrical Stage Employees, and Manual and Maintenance Supervisors Association to delineate the resolution of personnel and labor issues conceming Union- represented employees of the City working at the RiverCentre who aze being laid off from City employment and offered employmerrt by the Saint Paul Arena Company, LLC, a Minnesota lnnited liability company. RECO�Rv�NDATIQNS: Approve (A) or Reject {R) PLANNING COMbUSSION _CIVIL SERVICE COMMISSION Cffi COMI.9ITEE STAFF QISTRICT CAURT SUPPORTS WHiCH CQUNC[L OBIECIIVE? PERSONAL SERVICE CONPRACIS MUST ANSWER 7'IiE FOLLOWING QUESTIONS: 1. Has this yersonlCum ever warked under a contract for this depactment? Yes No 2. Has this person/firm eva been a city employee? Yes No 3. Dces this penocJfum possess a skill jwt normaity possessed by any cuRent c3ty Yes No Eaplsin all yes answers on separate sheet and attacd to green sheet INI1'IATING PROBLEM, I9�UE, OPPORIT7NTTY (Who, WLat, When, Where, Why)� Saint Paul Arena Company will be taking over management of the RiverCentre. The City is required by law to negotiate the impact with the affected unions. AJ�AAITAGES IF APpROVED: - imple7nentation of the attached Memoranduxn of Uttderstanding that has been negotiaxed with the unions. DISADVANTAGES IF APPROVED: t�one iSADVANTAGESIF NOT APPROVED: 'he City would have to return to the bazgaining table or be in violation of the Public Employees Labor Relarions ct. TAL AMOi7NT OF TRANSACI70N: O VDING SOURCE: ANCIAL INFQRMATION: (EXPLAIN) � cost wiil be paid by the Saint Paul Arena Company. COSf/REVF.NUE BUDGETED: ACTIVCPY NUMEER: ✓ � t MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (hereinafter °M�U") is made and entered into this _Z day of ��, 2000, by and between the St. Paul Civic Center Authority (also laiown as"RiverCenire Authority"), an agency of the City of Saint Paul (hereinafter "City"), and the International Union of Operating Engineers, Local 70 (hereinafter "Local 70- City"), the International Alliance of Theatrical5tage Employees (hereinafter "IATSE- City") and the Manual and Maintenance Supervisors Association (hereinafter "M&M- City") to delineate the resolution of personnel and labor issues concerning Union- represented employees of the City working at the RiverCentre who aze being laid off from City employment and offered employment by the Saint Paul Arena Company, LLC, a Minnesota limited liability company (hereinafter "SPAC"). The parties understand and/or agree to the following: This MOU is contingent on a signed Master Agreement between the City, the RiverCentre Aixthority and SPAC concerning the management of the RiverCentre facility. 2. As part of that Master Agreement, the employees Iisted on Appendix A of this agreement (hereinafter "Employees") will be laid off by the City, effective June 30, 2Q00 and offered employment by SPAC, effecrive July 1, 2000. 3. Vacation Accruals. Employees will have their vacation accruals as of June 30, 2000 paid out in full, except for the accruals that the empioyee chooses to cany forward to SPAC, up to the maYimum amount aliowed by SPAC. The pay out of accrued vacation will be based on the employee's salary rate as of June 30, 2000. 4. Compensatory Time. Employees wiil have their unused compensatory time as of June 30, 2000 paid out in full. The pay out of unused compensatory time will be based on the employee's salary rate as of June 30, 2000. Sick Leave. There will be no pay out of accrued sick leave. However, Employees may choose to carry forward an amount of sick leave accruals to be deteimined by SPAC. Any sick leave accruals that an employee chooses to carry forward to SPAC will be excluded from any severance pay calcularions related to #9 &#10 below. 6. Reinstatement rights. For the purposes of this MOU oniy and only for the group of Employees wha were hired through the Civil Service pmcess, the Civil Service Rules regarding reinstatement rights shali be extended from two years to three yeazs, expiring June 30, 2003. The reinstatement rights during the third year shall apply only to vacancies within the City of St. Paul and not to vacancies at the St. Paui �O� �� Page 1 of 3 Schools. Ail other issues related to reinstatement rights will be handled in accordance with existing Civil Service Ru1es regazding layoff and reinstatement. To receive the severance pay and retiree insurance cash out described in #9, 10 and 11 below, Employees with civil service riy�ts must first waive their reinstatement rights. Such employees may waive these rights at any time during the three yeaz reinstatement period ending on June 30, 2003. Employees without reinstatement rights to waive aze unmediately eligible for the severance pay and retiree insurance cash out described below. 8. The amount of severance pay and retiree insurance cash out due to each Employee is listed on Appendix B of this agreement and shall not be increased or decreased for any reason, regardless of length of time on the reinstatement list. Time on a reinstatement list does not count towazd years of service far severance pay eligibility. 9. Severance Pay. Empioyees who are eligible for severance pay at the time of layoff shall receive that pay in accordance with their respective collective bargaining agreement. 10. In addition, Employees who may not qualify under the terms of their e�sting bargaining agreement far full severance payments shall be eligible for the indicated prorated severance benefit in Appendix B. This prorated severance benefit is based on age, years of service and the respective collective bargaining agreements. 1 l. Retiree Insurance Cash Out. Employees listed on Appendix B of this agreement sha11 be eligible for the indicated pro-rated retiree insurance cash out. This prorated reriree insurance cash out is based on age, years of service and the respective collective bargaining agreements. 12. If the total payxnent due to an Employee under any combination of #9, 10 and 11 above exceeds $10,000, payments shall be made in installments across three yeazs. 13. The inirial severance/retiree insurance cash out payment to an Employee with civil service rights shall be made in the first Febivary following the Employee's waiver of histher reinstatement rights. The initial severanceJreriree insurance cash out payment to Employees without civil service rights shall be made in February 2001. 14. In accordance with law, all payments to employees under this MOU will be treated as income for taat purposes. oo-Sgo Page 2 of 3 It is agreed by all parties to this MOU that the terms and condifions specified herein aze unique, apply only to the transition of the City employees assigned to the RiverCentre to SPAC, and shall not be coustrued to establish a precedent. CITY OF SAINT PAUL ��� Mayor Norm Coleman n� �c�,� Rei , Finance Director / • f r�( . ��... - -_ /•. �. ti� . C'a�� Hamilton, HR Director Rich H. hri g Rive entre ority Chairman Approved as to form: ��S�aa John McCornuck Assistant City Attorney EXCLUSIVE REPRESENTATIVES . Ed Kraznlinger, Bus' ss Rep. Local 0 arry ovotny, Stew Loc 70 � David Colby, Business Age IATSE P ' Matt 'ce, Business Agent IATSE ������ -t�i Ron Rollins, Attorney M&M Supervisors ���l� Dan Palumbo, President M&M Supervisors Page 3 of 3 pp-S8O � F t l Civil Service D. Anderson - M&M 7. Fischbach - M&M T. Wolfgram - M&M S. Gallahue - IATSE R. Schmoller - IATSE J. Flanders - Loca170 R. Foerster - Loca170 P. Hitchcock - Loca170 Z. Klupacs - Loca170 P. Krey - Loca170 D. Mulliner - Loca170 L. Novomy - Loca170 J. Pearson - Loca170 Non-Civil Service (unclassified]: P. Molitor - IATSE D. Cardenas - Loca170 J. Duffy - Loca170 P. Hurley - Loca170 H. Lockwood - Loca170 J. Moreno - Loca170 A. Zeece - Loca1 �0 � � � � i Severance $ 5,000 $ 3,280 $ 4,000 $ 1,946 $ 2,624 $ 4,000 $ -0- $ 4,000 $ -0- $ -0- $ 2,273 $ 1,328 $ -0- $ -0- $ -0- $ -0- $ -0- $ -0- $ -0- $ -0- Ret. Ins. Cashout $ 8,225 $ 3,158 $ 7,050 $ 15,483 $ 27,081 $ 4,726 $ 18,092 $ 3,367 $ 1,467 $ 8,045 $ 4,257 $ 2,556 $ 16,606 $ 1,194 $ 1,310 $ 40 $ 345 $ -0- $ 3,033 $ -0- Total $ 13,225 $ b,438 $ 11,050 $ 17,429 $ 29,705 $ 8,726 $ 18,092 $ 7,367 $ 1,467 $ 8,045 $ 6,530 $ 3,884 $ 1b,606 $ $ $ $ $ $ $ 1,194 1,310 40 345 -0- 3,033 -0- O� -�� ao - S$o APPENDLX A Union represented employees Covered by this MOU Civil Service D. Anderson - M&M J. Fischbach - M&M T. Wolfgram - M&M S. Gallahue - IATSE R. Schznoller - IATSE J. Flanders - Loca170 R. Foerster - Loca170 P. Hitchcock - Loca170 Z. Klupacs - Loca170 P. Krey - Local ?0 D. Mulliner - Local ?0 L. Novotny - Loca170 J. Pearson - Loca170 Non-Civil Service �unciassified�: P. Molitor - IATSE D. Cardenas - Loca170 7. Duffy - Loca170 P. Hurley - Loca170 A. Lockwood - Loca170 J. Moreno - Loca170 A. Zeece - Loca170