Loading...
00-605Council File # Q o_ G, o S RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented Referred To Committee Date Green Sheet #08921 0 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the aitached 2000 Memorandum of Understanding between the City of Saint Paul, AFSCME Council 14, Loca12508 (Clerical), Professional Employees Association, and the Saint Paui Supervisors Organization leading to a resolution of personnel and labor issues affected by the Joint Powers Agreement between the City of Saint Paul and the County of Ramsey for workforce programs. Yeas Na s Absent Benanav � Blakey � Bostrom � Coleman � Hazris � Lantry ✓ Reiter � 6 Adopted by Council: Date c�or� Adopfion Certified by Council Secre BY= � � � � Approved by Mayor: Date _ �J � � ZCj�,�J By: ���� Requested by Deparhnent o£ Office of Labor Relations By: Form Appr d by City A�tOrney By: 4 ��k�`� �> Approv ayor for Sub is 'on to ouncil By: � Op_�p< DEPARTMENT/OFI7CFJCOUNCIL: DATE INTfIATED GREEN SHEET No.: 08921 LABOR RELATIONS June 21, 2000 CONTACf PERSON & PHONE: � IlvlTTnidDAi'E 11vIilA11DATE KATHERINE MEGARRY ASSIGN 1 DPPARTMENT DIIL 4 Ct7'Y COUNCIL 266-6496 NUn��e z crrY nrroxxe�r��C��� cirY cLE� FOR BUDGETDIlL U-4� FAI.&MGT.SERVICEDIIL MUSf BE ON COIJlQCII, AGENDA BY (DATE) ROi3TING 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIGNAT[JRE PAGES 1 (GZIP ALL LOCATIONS FOR SIGNATURE) acnox �ues�n: T1ris resolution approves the a�ached 2000 Memorandum of Understanding between the City of Saint Paui, AFSCME Loca12508 (Clerical), Professional Employees Association, and the Saint Paul Supervisors Organization leading to a resolution of personnel and labor issues affected by the Joint Powers Agreement between the City of Saint Paul and the County of Ramsey for workforce programs. RECOM[vvfENNDA170NS: Approve (A) or Reject (R) PERSONAI. SERVICE CONTRACI'S MI7ST ANSWEP,'i'Il;�.' FOb1AWING QUEST[ONS: _PLANNING COMtvIISSION _CIVIL SEAV[CE CAMIvIlSSION 1. Has this person/fvm ever worked under a contract for this deparhnent? _CIB COMIvllTTEE Yes No _STAFF 2. Has this persodfian ever been a city employee? _DISTR[CT COUAT Yes No SUPPORTS WHICH COiJNCIL OBJECTIVE? 3. Does this persoNfum pos5ess a skiil not normaily possesud by any curzent city employee? Yes No Ezplsiu all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNITY (W6q What, wneo, wner�, wny�: Joint Powers Agreement requires negotiation of impacts on unionized employees. nnv,uvrncES �F nrrxovEn: Resolu6on of transiflon issues and clarity for employees. DISADVANTAGES IF APPROVED: NOriO �- nuanvnrrracES � xor nrrxovEn: Delay of transition. Confusion for employees. � TOTAL AMODNT OF TRANSACfION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACI1ViTY NUMBER: FINANCIAL INFORMATION: (EXPLAIN) J� Oo �(,05 JUriO 2.1, 2��� 2000 MEMORANDUM OF UNDERSTANDING City of Saint Paul Job Training Program Ramsey County Job Training Program Career Counseling Unit of Ramsey County Community Human Services Department Agreements Related to Personnel and Labor Relations Issues This Memorandum of Understanding (hereinafter "MOU") is made and entered into by and between City of Saint Paul (hereinafter "City"), AFSCME Council No. 14, its City Loca125Q8 (hereinafter "AFSCME Ciry"), Professional Employees Association (hereinafter "PEA - City") and the Saint Paul Supervisors Organization (hereinafter "SPSO - City"). As a result of discussions leading to resolution of personnel and labor issues concerning employees of the Saint Paul Job Training Program (hereinafter "SPJTP") and the Ramsey County Job Training Program (hereinafter "RCJTP") and the Gazeer Counseling Unit of the Ratnsey County Community Huznan Services Department (hereinafter "CCU"), affected by the Joint Powers Agreement (hereinafter "JPA") between the City of Saint Pau1 and the County of Ramsey for workforce programs. The JPA was adopted by the City Council and County Boazd on March 16, 2000 and results in the joint provision of workforce programs wherei� SPJTP and RCJTP(CCU are each designated the agent for the other body with respect to the delivery of specified workforce programs, commencing on or after July 1, 2000. Employees who hold positions in SPTTP or RCJTP or CCU on June 30, 2000 shall be the sole beneficiaries of the provisions of this MOU, except that the parties to the MOU may amend its terms by the written mutual consent of the affected employer(s) and the affected union(s) for employees whose positions remain in represented bargaining units. The parties hereto agree that their respecrive Collective Bargaining Agreements (hereinafter °CBA" or CBAs") aze hereby amended and/or superceded by the addirion of the following terms. � � I. DEFINITION SECTION � — �°�� A. Department or "RCCWDP" or "combined department" - the combined City-County workforce prograuis department known as the Ramsey County Consolidated Workforce Development Program ('RCCWDP") as of July 1, 2000, and fitrther described in the JPA. B. Department Employees - Employees of the combined City-County workforce programs department as of July 1, 2000, and fiu�dier described in the JPA. This group will include RCJTP employees, CCU employees, SPJTP employees and SPJTP employees who become county employees in RCCWDP. C. Same or Equivalent CiasseslPositions - Classes that aze determined by Ramsey County Personnel Department to be same or equivalent within the Department, based on the duties of the class/position. D. RCJTP/CCU Employees - County employees worlting in the Department on or after July 1, 20Q0. E. SPJTP Employees - City employees working in the Department on or after July 1, 2000. II THE PARTIES TO THIS AGREEMENT AGREE AS FOLLOWS: A. LAYOFF AND REINSTATEMENT No cunent City or County employee who is perfornung workfarce(job training services on June 30, 2000, shall be discharged or laid off as a direct resuit of this consolidation. Personnel acfions affecting RCCWDP may be taken through the annual budgeting process, or at such time as revenue circuxnstances dictate. Seniority - For the purpose of determnung the order of layoff from the combined department, SPJTP employees in the combined department and SPJTP employees who become County employees in RCCWDP shall be credited for their combined City and County time in job classes/positions which are equivalent in both SPJTP and RCCWDP to determine their classificarion seniority within the combined department. Determinations of equivalent classes/positions for purposes of seniority on layoff will be reflected in the County's Memorandum of Understanding and related appendix. SPJTP employees will begin 00 �6� accruing County seniority outside the combined department on July 1, 2000 which shall apply if they later become County employees. SPJTP employees will also continue to accnxe City seniority which shall apply if they later become City employees outside the combined department. 2. Layoff - In the event that a SPJTP Employee to be laid off is the least senior employee in the Depattment, and has e�chausted all bumping options in the Department, the employee may have City-wide bumping rights depending on the specific provisions of their individual CBA. The employee may also elect to take a vacancy in other City departments in the same class or previously served classes in accordance with the St. Paul City Civil Service Rules or CBA. Reinstatement Rights - Reinstatement rights of Departrnent employees who are laid off from the combined department shall follow the applicable City Civil Service Rules, City CBA's or County CBA's with respect to durafion, except that recall in the combined department shall be by combined classification seniority as described in A1 above. B. FILLING POSITIONS Non-Supervisory Promotions -City- Vacant non-supervisory positions in SPJTP sha11 first be filled by promotion of qualified SPJTP employees who are employees of the SPJTP as of July 1, 2000. The employment process specified in City Civil Service Rules and any applicable City CBA will be followed. If the position is not filled by this means, it will then become a RCCWDP position and be filled in accordance with County procedures. 2. CompeHtive Process-County - Vacant non-supervisory positions in RCCWDP and vacant City supervisory positions in RCCWDP that become vacant after Iuly 1, 2000, shall transfer to the County and be filled in accordance with the provisions of the County's Personnel Act and/or its related policies. C. BENEFITS 1. Vacation Accrual - SPJTP Employees who remain City employees after July 1, 200Q shall receive vacation benefits provided in the applicable City CBA or Civil Service Rules up until the time they choose to transfer or promote into the County system in the Department. 00�6�5 2. Vacation Carryover - SPJTP Employees who become County Employees in RCCWDP after July 1, 2000 will be allowed to carryover accumulated vacation credits of up to 120 hours and shall be paid the balance of any accrued vacation in excess of 120 hours by the City. 3. Sick Leave Accrual - SPJTP Employees who remain City Employees after July 1, 2000, shall receive sick leaue benefits provided in the applicable City CBA or Civil Service Rules, up until the time they choose to transfer or promote into the County system within the Department. 4. Sick Leave Carryover - SPJTP Bmployees who become County Employees in RCCWDP may cazryover all accrued sick leave to the County at the time they become County employees, unless they have opted far a lesser amount of carry over under the Severance Payout provision below. 5. Severance Payout - SPJTP Employees, who aze eligible under their City CBA for a severance payout and become County Employees in RCCWDP on or after Julq 1, 2000 may elect, at the time they become County employees to cash in a11 ar part of their accrued sick leave up to a maximum allowable under the severance pay terms of the CBA, with the balance to be carried over as accrued sick leave to the County. 6. City Retirement and Insurance - SPJTP Employees who elect to remain City employees after July 1, 2000, shall continue to receive health, retirement, and other insurance benefits provided for in their applicable City CBA and City insurance plan, up until the time they choose to transfer or promote into the County system in the Department. Compensatory time - SPJTP employees who remain City employees after 3uly 1, 2000 shall accrue and use compensatory tnne as provided in the applicable City CBA or Civil 5ervice Rule up until the tnne they choose to transfer or promote into the County system within the Department. SPJTP Employees who become County Employees in RCCWDP sha11 be paid foz their accrued compensatory time by the City at the fvme they become County Employees. F. CHANGES TO THE JOINT POWERS AGREEMENT , o _ 6 p S In the event the parties to the JPA begin action to change the JPA, the Ciry agrees to meet and confer with the County and the affected bargauzing units over personnel and labor issues affecting employees in the Department. The City agrees that 90 days notice of action to change will be given. If the City Council and County Boazd adopt changes in the JPA affecting terms and conditions of employment of employees in the Department, the affected unions may exercise their statutory right to collectively bazgain over the impact of the decision prior to 'vnplementation. G. DATA PRACTICES Personnel data shall be shared between City and County employees only in accordance with the Minnesota Government Data Practices Act. H. NON-PRECEDENT SETTING It is agreed by all parties to this MOU that the terms and conditions specified herein aze unique, apply only to the creation of the combined City-County Workforce Development Program Department , and shall not be construed to establish a precedent far any future consolidations, combining or merging of services ar units of government between the City or the County or any other employer, public or private. I. DURATION The parties agree that this MOU shail be in full force and effect from July 1, 200Q through June 30, 2003 , and shall be automatically renewed for a period to run until March 16, 2005. Thereafter, this MOU will automatically renew for an addifional three yeaz and two yeaz term, unless written no6ce of intent not to renew is provided by any of the parties to the others, at least ninety days prior to March 16, 2005. ON BEHALF OF THE BARGAINING UPTITS: + ` /4.,�� , �wi Robert Steiner AFSCME Council 14, Loca12508, President � Steven Roy St. Paul Professional Employees, President .�rxe/u Helga Kessl St. Paul Supervisors' Organiza#ion, President ON S F OF THE CITY OF SAINT PAUL: �G� n..,����/ Norm Coleman Mayor ro-- �-^--�� Joe 'd Direct r of Financial Services r erine Megarry D°arector of Labor Relat� s �� ��,�j\� 0 a -c� 0 5 Kurt Errickson AFSCME Co �4, Lo� 8, Business Agent %��L`�f�" " ' Mike Wilde St. Paul Professional Employees, Bus. Rep. -...�'.. • . fr [/,✓� " E / . � . Assistant City Attomey Council File # Q o_ G, o S RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented Referred To Committee Date Green Sheet #08921 0 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the aitached 2000 Memorandum of Understanding between the City of Saint Paul, AFSCME Council 14, Loca12508 (Clerical), Professional Employees Association, and the Saint Paui Supervisors Organization leading to a resolution of personnel and labor issues affected by the Joint Powers Agreement between the City of Saint Paul and the County of Ramsey for workforce programs. Yeas Na s Absent Benanav � Blakey � Bostrom � Coleman � Hazris � Lantry ✓ Reiter � 6 Adopted by Council: Date c�or� Adopfion Certified by Council Secre BY= � � � � Approved by Mayor: Date _ �J � � ZCj�,�J By: ���� Requested by Deparhnent o£ Office of Labor Relations By: Form Appr d by City A�tOrney By: 4 ��k�`� �> Approv ayor for Sub is 'on to ouncil By: � Op_�p< DEPARTMENT/OFI7CFJCOUNCIL: DATE INTfIATED GREEN SHEET No.: 08921 LABOR RELATIONS June 21, 2000 CONTACf PERSON & PHONE: � IlvlTTnidDAi'E 11vIilA11DATE KATHERINE MEGARRY ASSIGN 1 DPPARTMENT DIIL 4 Ct7'Y COUNCIL 266-6496 NUn��e z crrY nrroxxe�r��C��� cirY cLE� FOR BUDGETDIlL U-4� FAI.&MGT.SERVICEDIIL MUSf BE ON COIJlQCII, AGENDA BY (DATE) ROi3TING 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIGNAT[JRE PAGES 1 (GZIP ALL LOCATIONS FOR SIGNATURE) acnox �ues�n: T1ris resolution approves the a�ached 2000 Memorandum of Understanding between the City of Saint Paui, AFSCME Loca12508 (Clerical), Professional Employees Association, and the Saint Paul Supervisors Organization leading to a resolution of personnel and labor issues affected by the Joint Powers Agreement between the City of Saint Paul and the County of Ramsey for workforce programs. RECOM[vvfENNDA170NS: Approve (A) or Reject (R) PERSONAI. SERVICE CONTRACI'S MI7ST ANSWEP,'i'Il;�.' FOb1AWING QUEST[ONS: _PLANNING COMtvIISSION _CIVIL SEAV[CE CAMIvIlSSION 1. Has this person/fvm ever worked under a contract for this deparhnent? _CIB COMIvllTTEE Yes No _STAFF 2. Has this persodfian ever been a city employee? _DISTR[CT COUAT Yes No SUPPORTS WHICH COiJNCIL OBJECTIVE? 3. Does this persoNfum pos5ess a skiil not normaily possesud by any curzent city employee? Yes No Ezplsiu all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNITY (W6q What, wneo, wner�, wny�: Joint Powers Agreement requires negotiation of impacts on unionized employees. nnv,uvrncES �F nrrxovEn: Resolu6on of transiflon issues and clarity for employees. DISADVANTAGES IF APPROVED: NOriO �- nuanvnrrracES � xor nrrxovEn: Delay of transition. Confusion for employees. � TOTAL AMODNT OF TRANSACfION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACI1ViTY NUMBER: FINANCIAL INFORMATION: (EXPLAIN) J� Oo �(,05 JUriO 2.1, 2��� 2000 MEMORANDUM OF UNDERSTANDING City of Saint Paul Job Training Program Ramsey County Job Training Program Career Counseling Unit of Ramsey County Community Human Services Department Agreements Related to Personnel and Labor Relations Issues This Memorandum of Understanding (hereinafter "MOU") is made and entered into by and between City of Saint Paul (hereinafter "City"), AFSCME Council No. 14, its City Loca125Q8 (hereinafter "AFSCME Ciry"), Professional Employees Association (hereinafter "PEA - City") and the Saint Paul Supervisors Organization (hereinafter "SPSO - City"). As a result of discussions leading to resolution of personnel and labor issues concerning employees of the Saint Paul Job Training Program (hereinafter "SPJTP") and the Ramsey County Job Training Program (hereinafter "RCJTP") and the Gazeer Counseling Unit of the Ratnsey County Community Huznan Services Department (hereinafter "CCU"), affected by the Joint Powers Agreement (hereinafter "JPA") between the City of Saint Pau1 and the County of Ramsey for workforce programs. The JPA was adopted by the City Council and County Boazd on March 16, 2000 and results in the joint provision of workforce programs wherei� SPJTP and RCJTP(CCU are each designated the agent for the other body with respect to the delivery of specified workforce programs, commencing on or after July 1, 2000. Employees who hold positions in SPTTP or RCJTP or CCU on June 30, 2000 shall be the sole beneficiaries of the provisions of this MOU, except that the parties to the MOU may amend its terms by the written mutual consent of the affected employer(s) and the affected union(s) for employees whose positions remain in represented bargaining units. The parties hereto agree that their respecrive Collective Bargaining Agreements (hereinafter °CBA" or CBAs") aze hereby amended and/or superceded by the addirion of the following terms. � � I. DEFINITION SECTION � — �°�� A. Department or "RCCWDP" or "combined department" - the combined City-County workforce prograuis department known as the Ramsey County Consolidated Workforce Development Program ('RCCWDP") as of July 1, 2000, and fitrther described in the JPA. B. Department Employees - Employees of the combined City-County workforce programs department as of July 1, 2000, and fiu�dier described in the JPA. This group will include RCJTP employees, CCU employees, SPJTP employees and SPJTP employees who become county employees in RCCWDP. C. Same or Equivalent CiasseslPositions - Classes that aze determined by Ramsey County Personnel Department to be same or equivalent within the Department, based on the duties of the class/position. D. RCJTP/CCU Employees - County employees worlting in the Department on or after July 1, 20Q0. E. SPJTP Employees - City employees working in the Department on or after July 1, 2000. II THE PARTIES TO THIS AGREEMENT AGREE AS FOLLOWS: A. LAYOFF AND REINSTATEMENT No cunent City or County employee who is perfornung workfarce(job training services on June 30, 2000, shall be discharged or laid off as a direct resuit of this consolidation. Personnel acfions affecting RCCWDP may be taken through the annual budgeting process, or at such time as revenue circuxnstances dictate. Seniority - For the purpose of determnung the order of layoff from the combined department, SPJTP employees in the combined department and SPJTP employees who become County employees in RCCWDP shall be credited for their combined City and County time in job classes/positions which are equivalent in both SPJTP and RCCWDP to determine their classificarion seniority within the combined department. Determinations of equivalent classes/positions for purposes of seniority on layoff will be reflected in the County's Memorandum of Understanding and related appendix. SPJTP employees will begin 00 �6� accruing County seniority outside the combined department on July 1, 2000 which shall apply if they later become County employees. SPJTP employees will also continue to accnxe City seniority which shall apply if they later become City employees outside the combined department. 2. Layoff - In the event that a SPJTP Employee to be laid off is the least senior employee in the Depattment, and has e�chausted all bumping options in the Department, the employee may have City-wide bumping rights depending on the specific provisions of their individual CBA. The employee may also elect to take a vacancy in other City departments in the same class or previously served classes in accordance with the St. Paul City Civil Service Rules or CBA. Reinstatement Rights - Reinstatement rights of Departrnent employees who are laid off from the combined department shall follow the applicable City Civil Service Rules, City CBA's or County CBA's with respect to durafion, except that recall in the combined department shall be by combined classification seniority as described in A1 above. B. FILLING POSITIONS Non-Supervisory Promotions -City- Vacant non-supervisory positions in SPJTP sha11 first be filled by promotion of qualified SPJTP employees who are employees of the SPJTP as of July 1, 2000. The employment process specified in City Civil Service Rules and any applicable City CBA will be followed. If the position is not filled by this means, it will then become a RCCWDP position and be filled in accordance with County procedures. 2. CompeHtive Process-County - Vacant non-supervisory positions in RCCWDP and vacant City supervisory positions in RCCWDP that become vacant after Iuly 1, 2000, shall transfer to the County and be filled in accordance with the provisions of the County's Personnel Act and/or its related policies. C. BENEFITS 1. Vacation Accrual - SPJTP Employees who remain City employees after July 1, 200Q shall receive vacation benefits provided in the applicable City CBA or Civil Service Rules up until the time they choose to transfer or promote into the County system in the Department. 00�6�5 2. Vacation Carryover - SPJTP Employees who become County Employees in RCCWDP after July 1, 2000 will be allowed to carryover accumulated vacation credits of up to 120 hours and shall be paid the balance of any accrued vacation in excess of 120 hours by the City. 3. Sick Leave Accrual - SPJTP Employees who remain City Employees after July 1, 2000, shall receive sick leaue benefits provided in the applicable City CBA or Civil Service Rules, up until the time they choose to transfer or promote into the County system within the Department. 4. Sick Leave Carryover - SPJTP Bmployees who become County Employees in RCCWDP may cazryover all accrued sick leave to the County at the time they become County employees, unless they have opted far a lesser amount of carry over under the Severance Payout provision below. 5. Severance Payout - SPJTP Employees, who aze eligible under their City CBA for a severance payout and become County Employees in RCCWDP on or after Julq 1, 2000 may elect, at the time they become County employees to cash in a11 ar part of their accrued sick leave up to a maximum allowable under the severance pay terms of the CBA, with the balance to be carried over as accrued sick leave to the County. 6. City Retirement and Insurance - SPJTP Employees who elect to remain City employees after July 1, 2000, shall continue to receive health, retirement, and other insurance benefits provided for in their applicable City CBA and City insurance plan, up until the time they choose to transfer or promote into the County system in the Department. Compensatory time - SPJTP employees who remain City employees after 3uly 1, 2000 shall accrue and use compensatory tnne as provided in the applicable City CBA or Civil 5ervice Rule up until the tnne they choose to transfer or promote into the County system within the Department. SPJTP Employees who become County Employees in RCCWDP sha11 be paid foz their accrued compensatory time by the City at the fvme they become County Employees. F. CHANGES TO THE JOINT POWERS AGREEMENT , o _ 6 p S In the event the parties to the JPA begin action to change the JPA, the Ciry agrees to meet and confer with the County and the affected bargauzing units over personnel and labor issues affecting employees in the Department. The City agrees that 90 days notice of action to change will be given. If the City Council and County Boazd adopt changes in the JPA affecting terms and conditions of employment of employees in the Department, the affected unions may exercise their statutory right to collectively bazgain over the impact of the decision prior to 'vnplementation. G. DATA PRACTICES Personnel data shall be shared between City and County employees only in accordance with the Minnesota Government Data Practices Act. H. NON-PRECEDENT SETTING It is agreed by all parties to this MOU that the terms and conditions specified herein aze unique, apply only to the creation of the combined City-County Workforce Development Program Department , and shall not be construed to establish a precedent far any future consolidations, combining or merging of services ar units of government between the City or the County or any other employer, public or private. I. DURATION The parties agree that this MOU shail be in full force and effect from July 1, 200Q through June 30, 2003 , and shall be automatically renewed for a period to run until March 16, 2005. Thereafter, this MOU will automatically renew for an addifional three yeaz and two yeaz term, unless written no6ce of intent not to renew is provided by any of the parties to the others, at least ninety days prior to March 16, 2005. ON BEHALF OF THE BARGAINING UPTITS: + ` /4.,�� , �wi Robert Steiner AFSCME Council 14, Loca12508, President � Steven Roy St. Paul Professional Employees, President .�rxe/u Helga Kessl St. Paul Supervisors' Organiza#ion, President ON S F OF THE CITY OF SAINT PAUL: �G� n..,����/ Norm Coleman Mayor ro-- �-^--�� Joe 'd Direct r of Financial Services r erine Megarry D°arector of Labor Relat� s �� ��,�j\� 0 a -c� 0 5 Kurt Errickson AFSCME Co �4, Lo� 8, Business Agent %��L`�f�" " ' Mike Wilde St. Paul Professional Employees, Bus. Rep. -...�'.. • . fr [/,✓� " E / . � . Assistant City Attomey Council File # Q o_ G, o S RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented Referred To Committee Date Green Sheet #08921 0 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the aitached 2000 Memorandum of Understanding between the City of Saint Paul, AFSCME Council 14, Loca12508 (Clerical), Professional Employees Association, and the Saint Paui Supervisors Organization leading to a resolution of personnel and labor issues affected by the Joint Powers Agreement between the City of Saint Paul and the County of Ramsey for workforce programs. Yeas Na s Absent Benanav � Blakey � Bostrom � Coleman � Hazris � Lantry ✓ Reiter � 6 Adopted by Council: Date c�or� Adopfion Certified by Council Secre BY= � � � � Approved by Mayor: Date _ �J � � ZCj�,�J By: ���� Requested by Deparhnent o£ Office of Labor Relations By: Form Appr d by City A�tOrney By: 4 ��k�`� �> Approv ayor for Sub is 'on to ouncil By: � Op_�p< DEPARTMENT/OFI7CFJCOUNCIL: DATE INTfIATED GREEN SHEET No.: 08921 LABOR RELATIONS June 21, 2000 CONTACf PERSON & PHONE: � IlvlTTnidDAi'E 11vIilA11DATE KATHERINE MEGARRY ASSIGN 1 DPPARTMENT DIIL 4 Ct7'Y COUNCIL 266-6496 NUn��e z crrY nrroxxe�r��C��� cirY cLE� FOR BUDGETDIlL U-4� FAI.&MGT.SERVICEDIIL MUSf BE ON COIJlQCII, AGENDA BY (DATE) ROi3TING 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIGNAT[JRE PAGES 1 (GZIP ALL LOCATIONS FOR SIGNATURE) acnox �ues�n: T1ris resolution approves the a�ached 2000 Memorandum of Understanding between the City of Saint Paui, AFSCME Loca12508 (Clerical), Professional Employees Association, and the Saint Paul Supervisors Organization leading to a resolution of personnel and labor issues affected by the Joint Powers Agreement between the City of Saint Paul and the County of Ramsey for workforce programs. RECOM[vvfENNDA170NS: Approve (A) or Reject (R) PERSONAI. SERVICE CONTRACI'S MI7ST ANSWEP,'i'Il;�.' FOb1AWING QUEST[ONS: _PLANNING COMtvIISSION _CIVIL SEAV[CE CAMIvIlSSION 1. Has this person/fvm ever worked under a contract for this deparhnent? _CIB COMIvllTTEE Yes No _STAFF 2. Has this persodfian ever been a city employee? _DISTR[CT COUAT Yes No SUPPORTS WHICH COiJNCIL OBJECTIVE? 3. Does this persoNfum pos5ess a skiil not normaily possesud by any curzent city employee? Yes No Ezplsiu all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNITY (W6q What, wneo, wner�, wny�: Joint Powers Agreement requires negotiation of impacts on unionized employees. nnv,uvrncES �F nrrxovEn: Resolu6on of transiflon issues and clarity for employees. DISADVANTAGES IF APPROVED: NOriO �- nuanvnrrracES � xor nrrxovEn: Delay of transition. Confusion for employees. � TOTAL AMODNT OF TRANSACfION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACI1ViTY NUMBER: FINANCIAL INFORMATION: (EXPLAIN) J� Oo �(,05 JUriO 2.1, 2��� 2000 MEMORANDUM OF UNDERSTANDING City of Saint Paul Job Training Program Ramsey County Job Training Program Career Counseling Unit of Ramsey County Community Human Services Department Agreements Related to Personnel and Labor Relations Issues This Memorandum of Understanding (hereinafter "MOU") is made and entered into by and between City of Saint Paul (hereinafter "City"), AFSCME Council No. 14, its City Loca125Q8 (hereinafter "AFSCME Ciry"), Professional Employees Association (hereinafter "PEA - City") and the Saint Paul Supervisors Organization (hereinafter "SPSO - City"). As a result of discussions leading to resolution of personnel and labor issues concerning employees of the Saint Paul Job Training Program (hereinafter "SPJTP") and the Ramsey County Job Training Program (hereinafter "RCJTP") and the Gazeer Counseling Unit of the Ratnsey County Community Huznan Services Department (hereinafter "CCU"), affected by the Joint Powers Agreement (hereinafter "JPA") between the City of Saint Pau1 and the County of Ramsey for workforce programs. The JPA was adopted by the City Council and County Boazd on March 16, 2000 and results in the joint provision of workforce programs wherei� SPJTP and RCJTP(CCU are each designated the agent for the other body with respect to the delivery of specified workforce programs, commencing on or after July 1, 2000. Employees who hold positions in SPTTP or RCJTP or CCU on June 30, 2000 shall be the sole beneficiaries of the provisions of this MOU, except that the parties to the MOU may amend its terms by the written mutual consent of the affected employer(s) and the affected union(s) for employees whose positions remain in represented bargaining units. The parties hereto agree that their respecrive Collective Bargaining Agreements (hereinafter °CBA" or CBAs") aze hereby amended and/or superceded by the addirion of the following terms. � � I. DEFINITION SECTION � — �°�� A. Department or "RCCWDP" or "combined department" - the combined City-County workforce prograuis department known as the Ramsey County Consolidated Workforce Development Program ('RCCWDP") as of July 1, 2000, and fitrther described in the JPA. B. Department Employees - Employees of the combined City-County workforce programs department as of July 1, 2000, and fiu�dier described in the JPA. This group will include RCJTP employees, CCU employees, SPJTP employees and SPJTP employees who become county employees in RCCWDP. C. Same or Equivalent CiasseslPositions - Classes that aze determined by Ramsey County Personnel Department to be same or equivalent within the Department, based on the duties of the class/position. D. RCJTP/CCU Employees - County employees worlting in the Department on or after July 1, 20Q0. E. SPJTP Employees - City employees working in the Department on or after July 1, 2000. II THE PARTIES TO THIS AGREEMENT AGREE AS FOLLOWS: A. LAYOFF AND REINSTATEMENT No cunent City or County employee who is perfornung workfarce(job training services on June 30, 2000, shall be discharged or laid off as a direct resuit of this consolidation. Personnel acfions affecting RCCWDP may be taken through the annual budgeting process, or at such time as revenue circuxnstances dictate. Seniority - For the purpose of determnung the order of layoff from the combined department, SPJTP employees in the combined department and SPJTP employees who become County employees in RCCWDP shall be credited for their combined City and County time in job classes/positions which are equivalent in both SPJTP and RCCWDP to determine their classificarion seniority within the combined department. Determinations of equivalent classes/positions for purposes of seniority on layoff will be reflected in the County's Memorandum of Understanding and related appendix. SPJTP employees will begin 00 �6� accruing County seniority outside the combined department on July 1, 2000 which shall apply if they later become County employees. SPJTP employees will also continue to accnxe City seniority which shall apply if they later become City employees outside the combined department. 2. Layoff - In the event that a SPJTP Employee to be laid off is the least senior employee in the Depattment, and has e�chausted all bumping options in the Department, the employee may have City-wide bumping rights depending on the specific provisions of their individual CBA. The employee may also elect to take a vacancy in other City departments in the same class or previously served classes in accordance with the St. Paul City Civil Service Rules or CBA. Reinstatement Rights - Reinstatement rights of Departrnent employees who are laid off from the combined department shall follow the applicable City Civil Service Rules, City CBA's or County CBA's with respect to durafion, except that recall in the combined department shall be by combined classification seniority as described in A1 above. B. FILLING POSITIONS Non-Supervisory Promotions -City- Vacant non-supervisory positions in SPJTP sha11 first be filled by promotion of qualified SPJTP employees who are employees of the SPJTP as of July 1, 2000. The employment process specified in City Civil Service Rules and any applicable City CBA will be followed. If the position is not filled by this means, it will then become a RCCWDP position and be filled in accordance with County procedures. 2. CompeHtive Process-County - Vacant non-supervisory positions in RCCWDP and vacant City supervisory positions in RCCWDP that become vacant after Iuly 1, 2000, shall transfer to the County and be filled in accordance with the provisions of the County's Personnel Act and/or its related policies. C. BENEFITS 1. Vacation Accrual - SPJTP Employees who remain City employees after July 1, 200Q shall receive vacation benefits provided in the applicable City CBA or Civil Service Rules up until the time they choose to transfer or promote into the County system in the Department. 00�6�5 2. Vacation Carryover - SPJTP Employees who become County Employees in RCCWDP after July 1, 2000 will be allowed to carryover accumulated vacation credits of up to 120 hours and shall be paid the balance of any accrued vacation in excess of 120 hours by the City. 3. Sick Leave Accrual - SPJTP Employees who remain City Employees after July 1, 2000, shall receive sick leaue benefits provided in the applicable City CBA or Civil Service Rules, up until the time they choose to transfer or promote into the County system within the Department. 4. Sick Leave Carryover - SPJTP Bmployees who become County Employees in RCCWDP may cazryover all accrued sick leave to the County at the time they become County employees, unless they have opted far a lesser amount of carry over under the Severance Payout provision below. 5. Severance Payout - SPJTP Employees, who aze eligible under their City CBA for a severance payout and become County Employees in RCCWDP on or after Julq 1, 2000 may elect, at the time they become County employees to cash in a11 ar part of their accrued sick leave up to a maximum allowable under the severance pay terms of the CBA, with the balance to be carried over as accrued sick leave to the County. 6. City Retirement and Insurance - SPJTP Employees who elect to remain City employees after July 1, 2000, shall continue to receive health, retirement, and other insurance benefits provided for in their applicable City CBA and City insurance plan, up until the time they choose to transfer or promote into the County system in the Department. Compensatory time - SPJTP employees who remain City employees after 3uly 1, 2000 shall accrue and use compensatory tnne as provided in the applicable City CBA or Civil 5ervice Rule up until the tnne they choose to transfer or promote into the County system within the Department. SPJTP Employees who become County Employees in RCCWDP sha11 be paid foz their accrued compensatory time by the City at the fvme they become County Employees. F. CHANGES TO THE JOINT POWERS AGREEMENT , o _ 6 p S In the event the parties to the JPA begin action to change the JPA, the Ciry agrees to meet and confer with the County and the affected bargauzing units over personnel and labor issues affecting employees in the Department. The City agrees that 90 days notice of action to change will be given. If the City Council and County Boazd adopt changes in the JPA affecting terms and conditions of employment of employees in the Department, the affected unions may exercise their statutory right to collectively bazgain over the impact of the decision prior to 'vnplementation. G. DATA PRACTICES Personnel data shall be shared between City and County employees only in accordance with the Minnesota Government Data Practices Act. H. NON-PRECEDENT SETTING It is agreed by all parties to this MOU that the terms and conditions specified herein aze unique, apply only to the creation of the combined City-County Workforce Development Program Department , and shall not be construed to establish a precedent far any future consolidations, combining or merging of services ar units of government between the City or the County or any other employer, public or private. I. DURATION The parties agree that this MOU shail be in full force and effect from July 1, 200Q through June 30, 2003 , and shall be automatically renewed for a period to run until March 16, 2005. Thereafter, this MOU will automatically renew for an addifional three yeaz and two yeaz term, unless written no6ce of intent not to renew is provided by any of the parties to the others, at least ninety days prior to March 16, 2005. ON BEHALF OF THE BARGAINING UPTITS: + ` /4.,�� , �wi Robert Steiner AFSCME Council 14, Loca12508, President � Steven Roy St. Paul Professional Employees, President .�rxe/u Helga Kessl St. Paul Supervisors' Organiza#ion, President ON S F OF THE CITY OF SAINT PAUL: �G� n..,����/ Norm Coleman Mayor ro-- �-^--�� Joe 'd Direct r of Financial Services r erine Megarry D°arector of Labor Relat� s �� ��,�j\� 0 a -c� 0 5 Kurt Errickson AFSCME Co �4, Lo� 8, Business Agent %��L`�f�" " ' Mike Wilde St. Paul Professional Employees, Bus. Rep. -...�'.. • . fr [/,✓� " E / . � . Assistant City Attomey