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277854 WHITE - CITY CLERK ��}�[�r� PINK - FINANCE /� )��� CANARY - DEPARTMENT � COUtIC1I S �,��� BLUE - MAYOR GITY OF SAINT PAUL File NO. C cil 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 attached Collective Bargaining Contract between the City and Council 91, Local 2508, AFSCME. Approved: �-. � hairm Civil Service Commission COUIVCILMEN Yeas Nays Requestgd by Department of: Hunt � PERSO NEL OFFICE Levine In Favor Maddox M�a�Oa' B Showalter - __ Against Y Tedesco Wilson Adopted by Council: Date �� 2 2 198� Form A oved y Cit to Cy Certified a-s d by Counc' , cr y BY �� App e by 14avor: Date _C Z 2 �95� Approved by Mayor for Submission to Council BY - – — BY _ � � Pl1BLISHED DEC 2 61981' WNITE - CiTY CLERK � � ---���jjj [ r PINK - FINANCE o ��x�� CANARY - DEPARTMENT G I T Y O F S A I N T ��U L COURCII V BLUE - MAVOR File N 0. CITY CLERK �'ouncil Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul hereby approve s and ratifie s the attached Colle ctive Bargaining Contract between the City and Council 91, Local 2508, AFSCME. Approve d: Chairman Civil Service Commission I COU[VCILI4EN Requestgd by Department of: Yeas Nays Hunt PERSONNEL OFFICE Levine In Favor Maddox McMahon B Showalter _ Against Y Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date _ Certifit:d Yassed by Council Secretary BY , By _ Approved by :Vlavor: Date _ Approved by Mayor for Submission to Council r .. «.� .�1"��5� 1982 - 1983 � AGREEMENT BETWEEN THE CITY OF SAINT PAUL, AND LOCAL UNION 2508 DISTRICT COUNCIL 91 OF THE AMERICAN FEDERATION OF STATE, COUNTY AND rNNICIPAL ENIPLOYEES, AFL-CIO I I i i . I' I i -- i � i i I I i , `.N INDEX ARTICLE TITLE PAGE Preamble iii I Recognition 1 II Check Off 4 III Hours of Work 5 IV Work Brea.ks 6 V Holidays 7 VI Employee Rights - Grievance Procedure 8 VII City Mileage 12 VIII Residence 13 IX Vacation 14 X Insurance 15 XI Working Out of Classification lg XII Employee Records 19 XIII Bulletin Boards 20 XIV Wages 21 XV Maintenance of Standards 22 XVI Leaves of Absence 23 XVII Military Leave of Absence 2g XVIII Management Rights 27 XIX Seniority 28 XX Discipline 31 XXI Vacancies 32 XXII No Strike-No Lockout 33 XXIII Terms of Agreement 34 - Appendix A � - ii - �.' �'�'��5� P R E A M B L E This AGREEMENT entered into by the City of Saint Paul, hereinaf ter referred to as the EMPLOYER, and Local Union 2508 affili.ated wit�i Council 91 . and the American Federation of State, County and Municipal Employees, AFL-CIO, hereinafter referred to as the UNION, has as its purpose the promotion of harmonious relations between the EriPLOYER and the UNION, the establishment of an equitable and peaceful procedure for the resolution of differences, and the establishment of rates of pay, hours of work, and other conditions of employment. I I I � - iii - . , .. i ARTICLE I - RECOGNITION 1.1 The EMPLOYER recognizes the UNION as the sole and exclusive bargaining agent for the purpose of establishing salaries, wages, hours and other conditions of employment for all of its employees as outlined in the certification by the State of Minnesota, Bureau of Mediation Services, dated July 12, 1973, in Case No. 74-PR-61-A and as amended and as set farth in Section 1.2 below. 1.2 The bargaining unit covered by this AGREEMENT shall consist of the following: All regular and probationary office, clerical, and admin- istrative personnel who are employed by the City of St. Paul or who have their "terms and conditions of employment" established by the goveraing body of the City of St. Paul in the classifications of: Accounting Clerk I Clerk II Accounting Clerk II Clerk III « Accounting Clerk II--Renewal Clerk IV Accounting Machine Operator I Clerk-Stenographer I Accounting Machine Operator II Clerk-Stenographer II Animal Control Supervisor Clerk-Stenographer II---Renewal Assistant Mgr. of Park Refectories Clerk-Stenographer III Assistant Market Director Clerk-Stenographer III--Renewal � Asst. Recorder of Council Proceedings Clerk-Typist I Assistant Supervisor of Elections Clerk-Typist I--Renewal Assistant Supervisor of Water Billing Clerk-Typist II Auditing Clerk I Clerk-Typist II--Renewal Bank Clerk Clerk-Typist III Bond Registrar Clerk-Typist III--Renewal Building Permit Clerk Clinic Aide Buyer I Camplaint Office Supervisor Buyer I (Medical Supplies) Computer Operator Buyer II Cost Clerk Cashier--Civic Center Counselor Aide Trainee Cashier I Data Entry Operator I Cashier II Data Entry Operator II Cashier--Civic Center Data Entry Operator III Chief Meter Reader Data Processing Aide Clerical Supervisor Disbursement Auditing Clerk--Schools Clerk I Disbursement Auditing Supervisor - 1 - �-� �`�`��5� - ARTICLE I - RECOGNITION (continued) Dog Warden Permit and License Clerk IZ Duplicating Equipment Opr. Trainee Planning Aide Trainee Duplicating Equipment Operator Police Communications Clerk Duplicating Equipment Opr. Supv. Police Community Officer Duplicating Equipment Operator Police Dispatcher (Health Bureau) Emergency Preparedness Supply Insp. Police Records Clerk Energy Clerk Police Stenographer Field Clerk I Primate House Attendant Field Clerk II Procurement Clerk Field Clerk III Procurement Clerk--Health Services � Film Clerk Trainee Property Clerk I Film Clerk Refectory Attendant Fire Property Clerk Ref ectory Manager Fire Service Aide Registration Clerk Health Service Aide I Relocation Clerk Health Service Aide II Secretary Information Systems Specialist Secretary--Renewal Inventory Control Supervisor Service Worker Keypunch Operator Service Worker II Laboratory Helper Statistical Clerk Landfill Caretaker Storehouse Helper Library Clerk Storekeeper I License Clerk Storekeeper I--Police Lighting Complaint Clerk Storekeeper II Maintenance Trainee Storekeeper (Food Service) Managea►ent Trainee Storekeeper (Voting Machines) Market Director Storekeeper--Watex� Department Meter Reader Stores Clerk Office Supply Room Operator Stores Clerk--Renewal Park Concession Manager Stores Clerk (School Cafeterias} Park Guide Supervisor of Water Billing . Parking Lot Attendant II Tabulating Machine Operator I Parking Mete� Collector I Tabulating Machine Operator II Parking Meter Collector II Technical Trainee Parking Meter Monitor Telephone Operator Parking Meter Monitor Supervisor Trainee Parking Ramp Attendant (Clerical) Parking Ramp Ma.nager (Child Development) Parts Storekeeper (Storehouse) Payroll Audit Clerk Transportation Assistant Payroll Supervisor I - Transportation Coordinator I Payroll Supervisor II Transportation Coordinator I� Payroll Supervisor III Workers' Compensation Admin. Clerk Payroll Supervisor (Schools) Workers' Compensation Clerk Permit and License Clerk I Zoo Keeper I Zoo Keeper II - 2 - ..� ARTICLE I - RECOGNITION (continued) 1.3 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, and upon �otification by the UNION, the EMPLOYER shall check off said fee from the earnings of the emplayee and transmit the same to the UNION. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relatiionship to negotiations and administration of grievance procedures. This provision shall rema.in operative only so long as specifically provided by Minnesota law, and as otherwise legal. 1.4 The UNION agrees� to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or 3udgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the II4IPLOYER uader the provisions of this Article I, Section I.3. - 3 - . • ARTICLE II - CHECK OFF 2.1 The EMPLOYER agrees to deduct the UNION membership initiation fee assessments and once each month dues from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certif ied to the F,MPLOYER by a � representative of the UNION and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 2.2 The UNION agrees to indemnify and hold the F.MPLOYER harmless against any and all claims, suits, orders or �udgments brought or issued against the IIKPLOYER as a result of any action taken or not taken by the F�IPLOYER under the provisions of this Article. - 4 - ARTICLE III - HOURS OF WORK 3.1 The norcnal work day shall be seven and three/fourths (7 3/4) consecutive hours per day, excluding a forty-five (45) minute lunch period, IS (fifteen) minutes of which shall be paid. ; 3.2 The normal work week shall be five (5) consecutive normal work days in any seven (7) day period. 3.3 For employees on a shift basis, this shall be construed to mean an average of thirty-eight and three-fourths (38 3/4) hours per week. 3.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 3.5 Time on the payroll in excess of the normal hours set forth above in this Article shall be "overtime work" and shall be done only by order of the head of the department. 3.6 A].1 employees in this bargaining unit shall be recompensed for work done in excess of the normal hours established above in this Article by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such overtime work. The overtime rate of one and one-half shall be computed on the basis of 1/80th of the bi-�aeekly rate. 3.7 Normal wozk schedules showing the employee's shifts, work days and hours shall be posted on all department bulletin boards at all times. It is also understood that deviation from posted work schedules shall be per- missible due to emergencies, acts of God, and overtime may be required. - 5 - ARTICLE IV - WORK BREAKS 4.1 Rest Periods. All employees work schedules shall provide for a fifteen minute rest period during each one-half shift. The rest period shall be scheduled by management at approximately the middle of each one half shift whenever this is feasible. 4.2 If an employee is scheduled to work a full half shift beyond his regular quitting time, he shall be entitled to the rest period that occurs during said half shif t. - 6 - ARTICLE V - HOLIDAYS ' 5.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Yearfs Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day Labor Day Ztao floating holidays Eligible employees shall receive pay for ea.ch 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 rionday shall be observed as the holiday. 5.2 The floating holidays set forth in Section 5.1 above may be taken at � any time during the contract year, subject to the approval of the Department Head of any employee. 5.3 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 puxposes of this section. It is further understood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. - 7 - � ARTICLE VI - E1�IPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6.1 The II�IPLOYER shall recognize stewards selected in accordance with UNION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the II�IPLOYER in writing of the names of the stewards and of their successors when so named. ; 6.2 It is recognized and accepted by the EMPLOYER and the UNION Lhat the pro- cessing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimenta.l to the work programs of the EMPLOYER. 6.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article XX for the processing of grievances, which are defined as an alleged violation of the terms and cond�tions of this AGREEMENT. 6.4 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 with or without the steward j 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 referred to Step 2 by the UNION. The written grievance shall set forth the nature of the grienance, the facts on which it is based, the all.eged section(s) of the - 8 - ARTICLE VI - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) AGREEMENT violated, and relief requested. Any alleged violation of the AGREEMENT not reduced ta writing by the UNION within (7) seven work days of the first occurrence of the event � r giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) work days after receiving the written grievance a designated II�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 II�IPLOYER shall reply in writing to the UNION within three (3} work days following this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) work days follow- ing receipt of the E�IPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) work days following receipt of the EMPLOYER'S answer shall be considered waived. Steg 3. Within seven (7) work days following receipt of a � grievance ref erred from Step 2 a designated IIKPLOYER supervisor shall meet with the UNION Business Manager or his designated representative, the Employee and the Steward and attempt to resolve the grievance. Within seven (7) work days following this meeting the EMPLOYER shall reply in writing to the UNION stating the FMPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the UNION may ref er the grievance to Step 4. Any grievance not referred in writing by the UNION to Step 4 within seven (7) work days following receipt of the II�IPLOYER'S answer shall be considered waived. - 9 - ARTICLE VI - EriPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) Step 4. If the grievance remains unresolved, the UNION may within seven (7) work days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) work days af ter 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 Faiployment Relations Board to submit a panel of £ive (5) arbitrators. Both the F1�iPL0YER and the UNION shall have the right to strike two (2) names from the panel. The UNION shalI. strike the first (lst) name; the IIKPLOYER shall then strike one (1) name. The process coill be repeated and the remaining person shall be the arbitrator. 6.5 The arbitrator shall have no right to amend, modify, nullify, ignore, � add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without pawer to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREII�IENT and - 10 - ARTICLE VI - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the ENIPLOYER, the UNION, and the employees. 6.6 The fees and expenses for the arbitrator's services and proceedings sha11 be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representatives and . witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 6.7 The time limits in each step of this procedure may be extended by mutual agreement of the IIKPLOYER and the UNION. 6.8 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 deter�ined by this grievance procedure it shall not again ' be submitted for arbitration under the Civil Service Rules. If an issue is determined by the provisions of the Civil Service Rules it shall not again be subm:itted for arbitration under this grievance procedure. - 11 - ARTICLE VII - CITY MILEAGE 7.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City of£icers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 7.2 Method of Computation: To be eligible for such reimbursement, aIl , officers and employees must receive written authorization from the Department Head. Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $3.�0 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 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. �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. 7.3 The City will provide parking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement glans who are required to have their personal car available for City business. Such parking will be provided only for the days the employee is required to have his or her own personal car available. 7.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating 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 persona.l in�ury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single li.mit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the city clerk. - 12 - ARTICLE VIII - RESIDENCE 8.1 The resolution pertaining to residency approved July 26, 1979, under Council File Na. 273378 shall apply to all employees covered by this AGREEMENT. : - 13 - . ��� ��� � ARTICLE IX - VACATION 9.1 In each calendar year, each full-time employee shall be granted vacation according to the following schedule: Years of Service Vacation Granted 0 thru 4 years 10 days after 4 years 15 days after 9 years 17 days after 15 years 21 days after 23 years and thereafter 26 days Employees who work less than full-time shall be granted vacation on a pro rata basis. 9.2 The head of the department may permit an employee to carry over into the following year up to ten days' vacation. 9.3 The above provisions of vacation shall be sub3ect to the Saint Paul Salary Plan and Rates of Compensation, Section I, Sub. H. , . � - 14 - ARTICLE X - INSURANCE � - 10.1 The II�IPLOYER will continue for the period of this AGREEMENT to provide for employees such health and lif e insurance benefits as are provided by EMPLOYER at the time of execution of this AGREII�IENT. 10.2 The IIKPLOYER will for the period of this AGREEMENT provide for employees who retire after the time of execution of this AGREII�IENT and until such employees reach sixty-five (65) years of age such health insurance benefits and life . insurance benefits as are provided by the EMPLOYER for such employees. 10.3 In order to be eligible for the benefits under the early retiree provision, the employee must: 10.31 Be receiving benefits from a public employee retiree act at the time of retirement. 10.32 Have severed his relationship with the City of Saint Paul , under one of the early retiree plans. 10.4 For each eligible employee covered by this AGREEMENT who selects Group Health insurance coverage, the EMPLOYER agrees to contribute tha cost of such covezage or $42.58 per month, whichever is less. In addition, for each employee who selects Group Health dependent's coverage, the F.MPLOYER will contribute the cost of such dependent's coverage or $81.59 per month, whichever is less. 10.5 Far each eligible employee covered by this AGREEMENT who selects Coordinated Health Care, the EMPLOYER agrees to contribute the cost of such coverage or $56.90 per month, whichever is less. In addition, for each employee who selects Coordinated Health Care dependent's coverage, the II�IPLOYER will contri- bute the cost of such dependent's coverage or $103.00 per month, whichever is less. - 15 - ARTICLE X - INSURANCE (continued) 10.6 For each eligible employee covered by this AGREEMENT who selects the SHARE insurance coverage, the E�IPLOYER agrees to contribute the cost of such cover- age or $43.15 per month, whichever is less. In addition, for each employee who selects the SHARE dependent's coverage, the EMPLOYER will contribute : the cost of such dependent's coverage or $85.21 per month,. whichever is less. 10.7 For each eligible employee covered by this AGREEMENT 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 Shield dependent's coverage, the EMPLOYER will contribute the cost of such dependent's coverage or $16I.45 per month, whichever is less. 10.8 For each eligible employee covered by this AGREEMENT who selects HI�10 Minnesota insurance coverage, the EMPLOYER a.grees to rantribute the cost of such coverage or $68.96 per month, whichever is Iess. In addition, for each employee who selects the HMO-Minnesota dependent's coverage, the IIKPLOYER will contribute the cost of such dependent's coverage or $155.91 per month, whichever is less. 10.9 Z'he EMPLOYER agrees to contribute the cost for $S,OOO of Life Insurance Coverage for each employee who is eligible for such coverage or $2.07 ger month, which- ever amount is less. � 10.10 The contributions indicated in 10.4 thrn 10.9 shall be paid to the FMPLOYER's Group Health and Welfare Plan. 10.11 Effective October 1, 1982, the figures in Articles I0.4, 10.5, and 10.6 above will be ad�usted in dollars to reflect the cost of the October, 1982 premiur� rates for the respective coverages. - I6 - ARTICLE X - INSURANCE (continued) 10.12 Effective October 1, 1982, the amount of the II�IPLOYER'S contribution toward employee coverage ir. Articles 10.7 and 10.5 above shall be adjusted in dollars to reflect the cost of the October 1, 1982 premium rates for the respective employee coverages. ; 10.13 Effective October 1, 1982, the amount of the ErIPLOYER'S contribution toward dependent coverage in Articles 10.7 and 10.8 above shall be adjusted to reflect the October, 1981 premium plus seventy-five percent (75%) of the Octaber 1, 1982 increase ir. the premium rates for the respective dependent coverages. Any increase in premiums after October, 1982 for these respective dependent coverages shall be paid by the employee. 10.14 E£fective October 1, 1983, the amount of the EMPLOYER'S contribution toward employees coverages in Articles 10.4 thru 10.8 will be adjusted in dollars to reflect the cost of the October 1, 1983 premium rates for the respective employee coverages. 10.15 Effective October 1, 1983, the amount of the II�iPLOYER'S contribution toward . the dependent coverages in Articles 10.4, 10.5 and 10.6 will be adjusted in dollars to reflect the cost of the Octqber 1, 1983 premium rates for the respective dependent coverages. However, these adjusted figures shall not exceed the higher of the October 1, 1982 adjusted EMPLOYER'S contribution toward dependent coverages in Articles 10.7 and 10.8. 10.15 Effective December 31, 1983 the II�iPLOYER'S contribution toward employee and dependent coverages shall be ad�usted back to the respective amounts which were in effect on September 30, 1983. The amount of the F,MPLOYER's contri- bution toward employee and dependent insurance coverages in 1984 will be negotiated. - 17 - ARTICLE XI - WORKING OUT OF CLASSIFICATION 11.1 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) working days during a year shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16th) � i . day of such assignment. For purposes of this article, and out-of-class i I assi:gxunent is defined as an assignment of an employee to perform, on a full time basis, all of the significant duties and xesponsibilities of a � position different from the employee's regular position, and which is in , a classification higher than the classification held by such employee. i I The rate of pay for an approved out-of-class assigrmaent shall be the same j rate the employee would receive if such employee received a regular appointment to the higher classification. ; i i 11.2 For the following classifications, the provisions of 11.I shall not apply to performance of the duties of the next higher classification � � in the �ob series: j Health Service Aide I i Clerk I � Clerk Stenographer I � Accounting Maching Operator I ; Data Entry Operator I � Cashiex I I Duplicating Equipment Operator Trainee Tabulating Machine Operator I Parking Meter Collector I Zookeeper I Clerk-Typist I � � � __ � � i i I - 18 - ARTICLE XII - EMPLOYEE RECORDS 12.1 Any caritten reprimand made concerning any member of this Bargaining Unit which is filed with the Personnel Office or within any City department, shall be shown to the member before it is placed on file. Before the reprimand is placed on f ile, the City shall request from the employee an acknowledgment, in writing, that the reprimand has been read by said employee. 12.2 Any member of the bargaining unit may, during usual working hours, with the approval of the supervisar, review any material placed in the employee's personnel f ile, after first giving proper notice to the supervisor in custody of such file. 12.3 Any member of the bargaining unit may file a grievance or discrimination complaint and there shall be no retaliation by the City of St. Paul for such action. - 19 - Y 2"�`��5� � ARTICLE XIII - BULLETIN BOARDS 13.1 The II�PLOYER shall provide reasonable bulletin space for use by the UNION in posting notices of UNION business and activities, said bulletin board space shall not be used by the UNION for political purposes other than UNION elections. Use of this , bulletin board is subject to apgroval of the department head. - 20 - � ; ARTICLE XIV - WAGES 14.1 The wage schedule, for purposes of this contract, shall be Appendix A, attached hereto. Both parties agree that the inclusion of the classifications and salary ranges in Appendix "A" does not preclude the employer from t�e ; following: 1. Reorganizing 2. Abolishing classif ications 3. Establishing new classifications 4. Regrading classifications 5. Reclassifying positions Both parties also agree that titles and grades in Appendi.x A refer to employees in the positions at the date of signing of the agreement. ho employee in this bargaining unit shall suffer any reduction in salary because of a regrading or reclassification during the contract period in which such regrading or reclassification takes place. 14.2 Notwithstanding section 14.1, salary rates in Appendix A shall be reduced in the amounts necessary to equalize payment to individual HRA employees and City employees who receive different pension benefits. - 21 - � �� J V�� ARTICLE XV - MAINTENANCE OF STANDARDS 15.1 The parties agree that all conditions of employment relating tu wages, hours of work, overtime differentials, vacations and alI other general working conditions shall be maintained at nat less than the highest minimum standard set forth in the Civil Service Rules of the City of St. Paul (Resolution No. 3250) and the Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this AGREEMENT, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this AGREEMENT. - 22 - ARTICLE XVI - LEAVES OF ABSENCE ' 16.1 Leave of Absence. After three month's employment, an employee may make appZication 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) . 16.2 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 unli.mited. To be eligible for sick leave the employee must report to his supervisor no Iater than one-half hour past his regular scheduled starting time. The granting of sick leave shall be sub�ect to the terms and provisions of Resolution No. 3250 of the City of Saint Paul. 16.3 Any employee who has accumulated sick leave credits as provided above shall be granted leav�e 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 household, making arrangements for the care of such sick or disabled persons up to a maximum of eight hours sick leave. 16.4 Leave Without Pay. Any employee who engages in active service in titae 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 - 23 - ARTICLE XVI - LEAVE OF ABSENCE (continued) absence from employment without pay during such service with right of rein- statement and sub�ect to such conditions as are imposed by law. Such leaves of absence as are granted under Article 17 shall confozm to Minnesota Statut�s,r__ Section 192, as amended from time to time, and shall confer no addi�ional benef its other than those granted by said statute. � 16.5 Severance Pay. Employees shall be eligible for severance pay in accordance with the Severance Pay Ordinance No. 11490. The amount of Severance Pay allowed shall be that amount permifited by State Statutes subject to the provisions that the maximum amount allowed shall be $4,OOU. 16.6 Jury Duty. Any employee who is required during his regular working hours to appear in court as a 3uror or witness except as a witness in his own behalf against the CITY, shall be paid his regular pay while he is so engaged, pro- vided however, that any fees that the employee may receive from the court for such service shall be paid to the CITY and be degosited with the CITY Finance Director. Any employee who is scheduled to work a shif t, other than � the normal daytime shif t, 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. 16.7 k`uneral Leave. Any employee who has accumulated sick leave credits, as pro- vided in the Civil Service Rules, shall be granted one day of such leave to attend the funeral of the employee's grandparent or grandchild. 16.8 An employee elected or appointed to a full time paid position by the exclusive representative may be granted a leave of absence without pay for not more than one year for the purpose of conducting the duties of the exclusive representati e - 24 - ARTICLE XVI - LEAVES OF ABSENCE (continued) 16.9 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 r the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the employer may approve such leave at its option, and such leave may be no longer than one (1) year. - 25 - � ;���7�54 � ARTICLE XVII - MILITARY LEAVE OF ABSENCE 17.1 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 Off icer's Reserve Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Rese:-ve or any other reserve component of the military or naval force of the United States, nor or hereafter organized or constituted under Federal law, shall be entitled to leave of absence from employment without loss of pay, seniority status, efficiency rating, vacation, sick Ieave or other benefits 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 shall 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 na.val service is satisfactorily performed, which sha11 be presumed unl.ess the contrary is established. Such leave shall not be allowed unless the employee (1) returns to his position immediately upon being relieved fram such military or naval service and not later than the expiratian of time herein limited for such leave, of (2) is prevented from so returning by physical or mental disability 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 Iimited for such leave. - 26 - ARTICLE XVIII - MANAGEMENT RIGHTS 18.1 The UNION recognizes the right of the CITY to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. Al1 rights and authority which the CITY has not officially abridged, delegated or modified by this AGREEMENT are retained by the CITY. 18.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the EMPLOYER, its overall budget, utilization of technology, and organizational structure and selection and direction and nutnber of personnel. - 27 - \ ARTICLE XIX - SENIORITY 19.1 Seniority, for the purpose of this AGREEMENT, shall be defined as follows: The length of continuous, regular and probationary service with the EMPLOYER 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 emplayee. In cases where two or more employees are appointed to the same class title on the same date, the seniority shall be determined by employee's rank on the eligible list from which certification was made. 19.2 Seniority shall terminate �ahen an employee retires, resigns, or is discharged. 19.3 In the event it is determined by the II�LOYER that it is necessary to reduce the work force, employees will be laid off by class title within each department based on inverse length of seniority as defined above. However, when layoff occurs in any of the titles listed below, . _ - the Personnel Department will identify the least senior employee in that title in the department reducing positions, and sha11 notify said employee of his/her reduction from the department. If there are any vacancies in that title in any other City department, the Personnel Department shall place the affected employee in such vacancy. If two or more vacant positions I are available �he Personnel Department shall decide which vacant positions I the affected employee shall fill. If no vacancy exists.in the saaie title I as the affected employee holds, then the least senior City employee in that title shall be identified, and if the employee affected by the original � j - 28 - ARTICLE XIX - SENIORITX (continued) � departmental reduction is more senior, he/she shall have the right to claim that position and the least senior City employee in that title shall be the employee laid off. For the purpose of this article, the Board of Education is not included as a City department nor is a Board , of Education employee included as a City employee. Clerk I Clerk II Clerk-Typist I Clerk-Typist II Clerk-Stenographer I Clerk-Stenographer II Cashier I Cashier II Accouting Machine Operator I Accounting Machine Operator II Data Entry Operator I Data F.ntry Operator II Duplicating Equiprzent Duplicating Equipment Operator Operator Trainee 19.4 In cases where there are promotional series, such as Clerk I, II, III, etc. , when the number of employees in these higher titles is to be � reduced, employees who have held lower titles which are in this bargain- ing unit will be offered reductions to the highest of these titles to which class seniority would keep them from being laid off, before layoffs are made by any class title within any department. 19.5 In cases where an employee to be laid off has held no regular appointment in a lower title in the same promotional series as his/her current title, that employee will be offered a reduction to the title within the bargaining unit to which he/she was regularly appointed immediately prior to his/her current title, so long as there is either a vacancy or if no vacancy exists a less senior employee in such title may be displaced. In cases where an employee to be laid off has held no regular appointment to any titles immediately prior to his/her current title, said employee shall be laid off. The employee reducing into a title formerly held must satisfactorily complete a six-month probationary period in such title. - 29 - � �l -� gs � a ARTICLE XIX - SENIORITY (continued) If the probationary period is not satisfactory, the employee shall, at any time during the probationary period, be reinstated to his/her former title and shall be laid off, but such employee's name will be placed on the reinstatement register in his/her former title and "bumping" rights herein shall not again apply to such employee. . This procedure will be followed by the City for City employees, and by the Board of Education for Board of Education employees; howener, City employees being reduced or laid off may not displace Board of Education employees; Board of Education employees being reduced or laid off may aot displace City employees. 19.6 It is understood that such employees will pick up their former seniority date in any class of positions that they previously held. 19.7 Recall from layoff shall be in inverse order of layoff, excegt that recall rights shall expire af ter two years of layoff. - 30 - � ARTICLE XX - DISCIPLINE � 20.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in the form of: 20.11 Oral. reprimand; 20.12 Written reprimand; 20.13 Suspension; 20.14 Reduction; 20.15 Discharge 20.2 Suspensions, reductions and discharges will be in written form. 20.3 Employees and the UNION will receive copies of written reprima.nds and notices of suspension and discharge. 20.4 Employees may examine alI information in their EMPLOYER personnel f iles that concerns work evaluations, commendations and/or disciplinary actions. Files may be examined at reasonable times under direct supervision of tihe EMPLOYER. 20.5 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or UNION may request, and shall be eatitled to a meeting with the EMPLOYER representative who initiated the suspension with intent to discharge. During said five (5) day period, the II�LOYER may affirm the suspension and discharge in accordance with Civil Service Rules or may modify, or withdraw same. 20.6 An employee to be questioned concerning an investigation of disciplinary action shall have the right to request that a UNION representative be present. 20.7 Grievances relating to this Article shall be processed in accordance with existing Civil Service procedures or at the option of the employee unay be taken up in the grievance procedure under Article VI. If an issue is determined by the grievance procedure it shall not again be submitted for arbitration under the Civil Service Rules. If an issue is determined by the provisians of the Civil Service Rules it sha1Z not again be submitted for arbitration under the grievance procedure. - 31 - t ARTICLE XXI - VACANCIES 21.1 The Personnel Office will inform all departments that the department's ti.mekeeper shall post notices of all 3ob vacancies in their department at least five days before submitting a requisition to the Personnel Office. I - 32 - ARTICLE �II - NO STRIKE - NO LOCKOUT ��� 22.1 Neither the Union, its off icers or agents, nor any of the employees covered by this Agreement will engage in, encourage, sanction or support any strike, or the withholding in whole or in part of the fu11 performance of their duties during the life of this Agreement, except as specifically allowed by the Public Employment Labor Relations Act. In the event of a violation of this article, the Employer will warn employees of the consequences of their action and shall instruct them to immediately return to their normal duties. Any employee who fails to return to his full duties within twenty- four (24) hours of such warning may be subject to the penalties provided in the Public Employment Labor Relations Act. 22.2 No lockout, or refusal to allow employees to gerform available work, shall be instituted by the Employer and/or its appointing authorities during the life of this Agreement. - �3 - ARTICLE XXIII - TERrIS OF AGREEMENT 23.T Complete Agreement and Waiver of Bargaining. This Agreement shall represent the complete AGREII�IENT between the UNION and the FMPLOYER. The parties acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make requests and proposals with respect to any subje�t 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 ENIPLOYER and the UI3ION, for the life 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. . 23.2 Savings Clause. This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of Saint Paul. In the event any pro- vision of this AGREE�IENT shall hold to be contrary to Iaw by a court of competent 3urisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. 23.3 Term of Agreement. This AGREEMENT shall be in fuZl force and effect from January I, 1982 thru 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 witness whereof, t parties have caused this AGREEMENT to be executed this � day of �j , 1981. - 34 - ARTICLE XXIII- TERMS OF AGREII�iENT (continued) 23.4 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, tl-►e City Council and is also subject to ratification by Local Union I�o. 2508. , WITNESSES: CITY OF SAINT PAUL LOCAL INION r;0. 2508, DISTRICT COUNCIL N0. 91 OF THE �.�IERICAN FEDERATION OF STATE, COLTIv21' A.`� ,fUIvICIPAL F,NIPLOYEES AFL-CIO � � BY: � � a or Re i ns ector B ines Repres nta e BY: _ BY: Civil Service Commission BY: BY: BY: BY: - 35 - ARTICLE XXIII - TERMS OF AGREEMENT 23.T Complete Agreement and Waiver of Bargaining. This Agree�ent shall represent the complete AGREEMENT between the UNION and the EhiPLOYER. The parties acknowledge that during the negotiations which resulted irt t8'is AGREEMENT, each had the unli.mited right and opportunity to make requests and proposals with respect to any subje�t 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 UI3ION, for the life of this AGREEMENT, each voluntarily au.d. unqua:Iifiedly waives the right, and ea.ch agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this AGREEMENT. 23.2 Savings Clause. This AGREEMENT is subj ect to the laws of the United States, the State of Minnesota, and the City of Saint Paul. In the event any pro- vision of this AGREF�IENT shall hold to be conLrary to Iaw by a court of competent 3urisdiction from whose final �udgm.ent or decree no appeal has been taken within the time provided, such provision shall be voided. AlI. other provisioz�s shall continue in full force and effect. 23.3 Term of Agreement. This AGREEMENT sha11 be in full force and effect from January I, 1982 thru 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 witness whereof, t parties have caused this AGREEMENT to be executed this � day of �j , 1981. - 34 - _ i� _ . r r � r+ r+ r Y r � NN NN N N N N 'M M O� t' � t' O� 'n � � N � N � N � N � C ID � .L� � � A W W W ` .L� r W O N Oo �O C+ �O N t� W W OD W O ,'a 00 C� �G ln � N � �O N OD r �O �p ln O� V .� � A � 1� � l� W O� N � r W O O V � v t!� V V F�' lJt Y �! • • • • � V .� OD � W N V O O � N W V V W V W (�I !r r� 00 �O �O p r N � 00 W (� . . . ln �O IV .� W �D N V V V V .L� 1� O� W O H cn ''d �ti � t"' x ►=i A C') H H H � C'� � f/� ''d N N F-� M P3 W f0 W O F-+ K ►i rt G1 � lD rt L� � !) ri ?� rt � Cl' ty F� G tD .� .P A� fv W 1-'� v' � � "�d i�W H t0 l!t p" C p x'' P3 �-t F-� � � �'i Oo .� 1-ti W W � O O� W fD W i0 �,' � ln � F+ � W 00 A� rt V� r'�' O+ a� p � � �-t �-S �O O ►�h �OD C W W f� W '� �'i "'..� A N • • CJ tD tD (D W • 1D • • A R N W f� fD .'3 00 � �C F-' 1-' H �O v tD fD fD � f7 O W f� W A fD tD �C r fn OQ f0 a� tD O t0 Oo �.��-. 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N � ao 00 " �C ►-� � av r-- oa � v� �tf o �., v� � • �O tv ri �O fJ L3+ f� (D N v N r td ' Qo rt fD Q� ri D� �' ri � N tD N r v - �'S 1'f ft O O� V � . tD ►i fD ri a� �r n w n� rt a'� �+ om w m �e cn � � cn � � w � � o � ai o �v .� �v oo n C� �'t tD K lr O� rn �D p 1n o 0o w w - LL f!� r fl� rt cn • rr n� �c � o m cn r� cz� ro � r� tn'd �C �'d c't F-� � 1b tv ".1 I �n K cn -vs tn �vs�va tn tn va�n W �o � m �C �o 00 �C rt C �C 'd r ri Oo O rJ' fD w tn rt �' N ►i '� � � ',� rn T tn l� O �O �D Qo W Oo O� � K W C� C1 F�-� r�t f�t � fA r'f LL r'► ln O W �O N W V � � O � U1 H ►�' O Y O t�7 f7 �' a'' p'' V� �-' Ui 1�-' N CO O O N .P tD H ►-' O� Cy r'S 7 �d G o G � x c�c F ►rt'� rt-�i � r �C � ►-+ � r � fbD f�i o x tn ln �i O �n �i O �D �D Oo ri rt p ° �' i C I t-' W tn 9 v �c C O r► y F�-� ��-i K K M �C ln O ¢ v 6� CrJ � *i o _ 1-+ fD y v r f+. rr .� O F-+ � f� f�D t�A � f�D H r� �O w �1 �O �i tl� O p F� �i � F� � t�7 O�Q V�i '�U t�Y rr m � �- � �n cn � � n �o w t� n t� �c n -cn tn -cn�va rt o �o �n o � � ►i � '.� ft 'Tf 00 Pt F-+ fD OD t0 � N � O C G � fD � O � t0 � ri W W 'c3 .� O 'z! 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H' � Vt �-+ O� N �C � �O N O� V ri O� p� • YM � � � { S Do not detach this memorandum #rom the �, m �-Pe � #�/-� resoiution so that this information will be available to the City Council. ���1�� EXPLANATION OF ADMINISTRATIVE ORDERS, RESOLUTIONS, AND ORDINANCES \� �a � Date: U >> November 25, 1g81 �� � �b RECEIV�D T0: MAYOR GEORGE LATIMER �--Q-g-�� V C�� u �!-f'r�ti�i FR: Personnel Office MAYORS OFFICE RE: Resolution for submission to City Council ACTION REQUESTED We recommend your approval and submission of this Resolution to the City Council. PURPOSE AND RATIONALE FOR THIS ACTION This R.esolution approves the 1982-1983 Agreement between the City of St. Paul an.d AFSCME District Council No. 91, representing the clerical employees. Significant changes i.n iiiis contract are shown below. 1. In.surance - this new language provides for the Employer to pay the full cost of single and dependent coverage. In the second year, the Employer will pay the fu].1 cost of all single plans and the full cost of dependent�s coverage under the three lower cost pla.n.a. 2. 'I'�,e hours of sick leave that may be used in making arrangements for the care of members of the household in cases of emergencies is increased from four hours to eight hours. ��j��,X��� 3. �ew seniority language provide s City-wide seniority i.n select title s. The new seniority lan.guage also involves new language which allows i.n the cases of layoff for an exnployee to have the right to bump back to the ti.tle the employee held imrriediately prior to his/her present ti.tle. 4. Wages - The Agreement calls for a wage increase for 1982 in the amount of 8. 0% or $. 51 per hour whichever is greater, plus an additi.onal $. 07 per hour across the board (averages approximately 9. 2%). In 1983, the wage increase will be a 9% wage increase ac ro s s the board. FINANCIAL IMPACT There are 51? employees. For 1982 For 1983 Iiasurance $151, 174 Unkr�.own Wages 632, 182 $675, 335 ATTACFiMENTS: Resolution, Agreement and copy for the City Clerk.