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00-734Gouncil File # O— 7 y RESOLUTION CiTY OF SAINT PAUL, MINNESOTA OR1GINl�L Green Sheet # 10356 � Ptesented by Refened To Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 May i, 2000 through December 31, 2002 Collective Bazgaining Agreement the City of Saint Paul and the Tri-Council, Laborers Local 120, Loca149 and Local 132. Requested by Department of. Office of J_aboz Relarions By: Form Appra d by C' omey ' B a������ � f � j�C Approved b� ayor for Submission to Council By: e `-�'. By: App� � AdoptedbyCouncil: Date �,„„ �3 �c�op —� � Adoption Certified by Council Secretary � _DEPAR7'MENT/OFFICE/COUNCIL: DATE INiTTATED GREEN SHEET N0 .:10356 O� ���` LABOR RELATIONS July 27, 2000 CONTACT PERSON & PHONE: � INiTUI,mAi'E liviTIAINAI'E - JLTLIE KRAUS 266-6513 a�slcN ��r,�Tn�N �� _ a csrr couricn. � Nphiggg 2 Cl'CY ATTORNEY CTTY CLERK MUSI BE ON COUNCIL AGENDA BY (DATE) FOR BTIMiE7 DIR. FIN. & MGT. SERVICE DIR. ROUTIIVG 3 MAYOR (OR ASST.) �'� � ORDER l� TOTAL tt OF SIGNAtURE PAGES_1 (CLIP AT.L LOCAT[ONS FOR SIGNAT[IRE) ACTION REQIJESiED: This resolution approves the attached May 1, 2000 through December 31, 2002 Collective Bargaining Agreement betcveen ttie City of Saint Paui and the Tri-Council Local 120, Loca149 and Local 132. RECOMIvfENDA7'IONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACI'S MI7ST AIVSWER THE FOLLOWING QUESTIONS: _PLANNING COMMISSION _CIVIL SERVICE COMIvIISSION 1. Has this person/fum ever worked under a contrac[ for this depaztrnent? _CIB WD�IIvtITT'EE Yes No _STAFF 2. Has this persoNfirtn ever been a city employce? DISTRICT COUAT Yu No SUPPORTS WFIICH COIINCIL OBlEC1'f VE? 3. Does this petson/firm possess a skill not nortnalty possessed by any cmrent ciry employee? Yes No Explain aIl yes answers on separate shcet and ahac6 to green sheet . INITIATI!SG PROBLEM, ISSUE, OPPORTUNITY (Who, What� When, Where, Why): The agreement with Tri-Council had e�cpired. The City is required to negotiate with the Bargaining Unit. ADVANTAGESIFAPPROVED: ' An Agreement reach through good faith collecfive bazgaining will be in place through Deeember 31, 2002. � DISADVpNTAGES IF APPROVED. ��` ��� None ��� Q � ��� DISADVANTAGES IF NOT APPROVED The City would be required to reopen negotiations with the Bazgaining Unit. This would strain the relationship with the Bazgaining Unit. TOTALAMOUNI'OFT'RANSACTION: COSTfREVENUEBUDGETED: FUNDING SOURCE: ACTIVITYNUMBER: FAVANCIAL IlVFORMATION: (EXPLAIl� a 0 0 -�t3�i ATTACFIMENT TO THE GREEN SHEET COLLECTIVE BARGAINING AGREEMENT WITH THE TRI-COUNCII. Below is a suminary of the changes in the Collective Bazgaiuiug Agreement between the City of Saint Paul and the Tri-Council (Loca149, Loca1120, Local 132). Duration: May l, 2000 through December 31, 2002. This is a two year, eight month agreement which moves the Tri-Council onto a calendar year cycle like most other bargaining units. This change was negotiated to allow easier admuustration of the agreement in future years. This is the first collective bargaining agreement that covers the year 2002. Wa�es: July 1, 2000: 2.5°lo increase July 1, 2001: 2.75°lo increase 7an, 1,2002: 3%increase In addition to the above, the titles of WS WII, Water-Control Desk, and Crew Leader received an additional $0.251hour increase. Insurance• Contributions for 200� remain in place: $211.62 for single, $391.67 far family. 2001 Single_ $211.62 plus an increase up to $40.00. If the single increase is mare than $40.00, the City will pay 50% of the excess over $40.00. Family: $391.67 plus the increase in single inst�rance up to $40.00. If the increase is more than $40.00, the City will pay 50% of the excess over $40.00. 2002 Single: The 2001 single contribution pius an increase up to $40.00. If the single increase is more than $40.00, the City will pay 50% of the excess over $40.00. Family: The 2001 family conh plus 60% of the family premium increase for 2002 up to $60.00. If the increase exceeds $100 the City will pay 40% of the excess increase. The 2001 and 2002 contributions will be effective on January 1�` of each year since the Tri- Council is now on a calendar year. The 2001 contribution increase follows the same pattern as previously negofiated agreements with other bazgaining units. dQ ��3�r Deferred Comnensation: Contributions for employees with ten yeazs of service were increased from $200(year to $4001yeaz. Contributions for employees with twenty yeazs of service were increased from $400lyeaz to $6001year. Significant language changes were agreed to which will allow easier aduiinistration but not change eligibility requirements. Uniforms- Uniform allowances for emplayees in the Water Department who are required to weaz a specified uniform were increased from $125/yeaz to $175/year in exchange for the revision of Overtime/Staffmg language which will allow more operational flexibility. Safety Shoes: Reimbursement of safety shoe expenses was increased from $SO.00lyear to $75.00 with a maximum cartyover of $150.00. Employees who wear Kevlaz safety boots will receive an addirional $25.00lyeaz and will be allowed to cany over a m�imum of $200.00. Premium Pav: Premium Pay for three duties was changed from a fixed dollaz amount to a percentage. Raker: 3% Tac Man: 6% Oiler: b°!o Leave of Absence: Employees who take a LOA to work as a full-fime union official will be allowed to accrue up to three years of time toward meeting Retiree Insurance and Deferred Compensation guidelines. An employee who serves more than three yeazs working far the union will have an option to purchase Retiree Insurance coverage for $300.00lmonth and have it applied toward the Retiree Insurance guidelines. Flexible Spending Account: Employees wili no longer be charged for participating in this program. LanguaEe Changes: Eligibility for retroactivity was clarified as only being available for those employees employed by the City at the time of signing the contract (Temporary employees excepted). Other changes to the language aze basically of a housekeeping nature for clarification and ciean up. -� . oo _�3y ,� `. MAY 1, 2000 - DECEMBER 31, 2002 COLLECTIVE BARGAINING AGREEMENT � � . _ � " � � BETWEEN � � � . � � - • - THE CITY OF SAINT PAUL _: � r . �_ � _ - - _A1VD � � � - � _ . � T�E. �'I�I-COUNCIL - - ' LOCAL 120 LfOCAL 49 = AND LQCAL:132 _ _, INDEX c�-73Y .ARTICLE TITLE PAGE Principies..............................................................1 1 Recognition ............................................................2 2 Maintenance of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Union Rights ...........................................................3 4 Payroll Deduction .......................................................3 5 Management Rights ......................................................3 6 Safety ..•••••••-•• .....................................................4 7 Discipline Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Hours, Overtime, Snowpiowing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Insurance ..............................................................? 10 Employee Rights-Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 I1Seniority ..............................................................14 12 Vacation ..............................................................16 13 Holidays ..............................................................1'I 14 Jury Duty .............................................................18 15 Severance Pay .........................................................IS • 16 Wages ................................................................21 17 Savings Clause .........................................................21 18 Jurisdiction ............................................................21 14 Sick Leave ............................................................21 20 PazentaiLeave .........................................................22 21 LegalServices .........................................................23 22 Stdkes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 23 Deferred Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 24 Termsof Agreement ....................................................24 Appendix A Wage Schedules, Premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Al Appendix B Temporary Employees Wage Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BI Appendix C Driver Operator Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cl Appendix D General Policies Regarding Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D1 Appendix E General Policies Regazding Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . El IJ i ou-73y PRINCIPLES Tkus Agreement is entered into to facilitate the adjustment of grievances and disputes between the � Empioyer and Employees to provide, insofar as possible, for the continuous employmeni of labor and to establish necessary procedures for the anucable adjusiment of all disputes wluch may arise between the Employer and the Union. The Employer and the Union encourage the highest possible degree of practical, friendly, cooperarive relationships between the'�r respective representatives at all levels. The officials of the Employer and the Union realize that this goal depends primarily on cooperative attitudes between people in their respective organizations and at all levels of responsibility, and that proper attitudes must be based on full understanding of and regard for the respective rights and responsibilities of both the Empioyer and the Employees. Theze shall be no discrimination against any employee by reason of creed, sex, disabiliry, or Union membership. The Employer and the Union af£rm their joint opposition ta any discruninatory practices in connaction � with employment, promotion, or training, remembering that the public interest remains in fuli urilizatian of employees skill and ability without regazd to consideration of national origin, age, sex or disability. , -1- � a� 73y ARTICLE 1 - RECOGNITION i.l The Employer recognizes the Union as the sole and exclusive collective bargaining agency for all � empioyees that have been certified by the State of Minnesota, Case No. 73-PR-427-A, as follows: All employees of the City of Saint Paul in the classifications of AsQhalt Plant Operator, Bridge Crew Leader, Bridge Maintenance Worker, "Dtiver-Operator, Driver-Operator--Water Utility, Forestry Crew Leader, Cmrden Laborer, Gardener, Golf Ranger, Cnounds Crew Leader, *Groundsworker, *Cstoundsworker—Water Utility, Heavy Equipment Qperator, Heavy Equipment Operator—Asphalt Plant, Heavy Equipment Operator--Water Utility, Jet Sewer Cleaner Operator, Labor Crew Leader, Lead Gardener, Modified Duty Worker—Laborer, Park Aide, Parks Worker, Revolving Power Equipment Operator, Sewer Crew I,eader, •Sewer Maintenance Laborer, Sewer Services Workez, Stores Laborer, Street Services Worker, *Trnctor Operator I, Tree Worker, •ITnskilled Laborer, Water Service Worker--Control Desk, Water System VJorker I, Water System Worker II, Water Ulility Worker I, and Water Utility Worker II who work more than 14 hours per week and more than 100 work days per year, excluding Supervisory, Confidential, temporary, emergency, and empioyees exclusively represented by other labor or employee organizations. The parties agree that any new classifications which are an expansion of the above bazgaining unit or which derive from the ciassifications set forth in this Agreement shall be recognized as a part of this bazgaining unit, and the parties shall take all steps required under the Public Employment Relations Act to accompiish said objective. •I .2 The Employer agrees not to enter into any conuactually binding agreements with any employee or representative not authorized to act on behalf of the Union. There shall be no individual agreements with any empioyees that conflict with the terms of this Agreement, and any such agreement or conuact shall be null and void. 1.3 The Employer agrees ta give the Union the right to supply fifly percent (50%) of ail new qualified refenals for work as temporary employees. ARTICLE 2- MAINTENANCE Ok' STANDARDS 2.1 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations and all other general working conditions shall be maiatained at not Iess than the ivghest minimum standazd as set forth in ihe Civil Service Rules of the City of Saint Paul and the Saint Paul Salary Pian and Rates of Compensation at the time of the signing of ttus Agreement, and the conditions of employment shalI be improved wherever specific provisions for improvement aze made elsewhere in this Agreement. I� -2- ARTICLE 3 - UNION RIGHTS 3.1 The Union may designate employees from within the bazgaining uait to act as Stewards and shall inform the Employer in writing of such designations. Such employees shali have the rights and responsibilities � as designated in Article 1 �(GRIEVANCE PROCEDUREj. There shall be no more thaa one Stewazd from each local involved in any one speci&c grievance. 3.2 There shatl be no deduction of pay from 3tewazds when directly involved in meetings with management during working hours for grievance procedures. 3.3 Designated Union Representatives shall be permitted to visit empIoyees on job sites and at department buildings during working time. ARTICLE 4 - PAYROLL DEDUCTION 4.1 The Employer shatl, upon requesc of any empioyee in fhe unit, deduct sucfi sum as the Union may specify for the purpose of initiation fees and dues to the Union, providing the Union uses its best efforts to assess such deductions in as nearly uniform and standard amounts as is possble. The Employer shall remit monthiy such deduction to the appropriate designated Union. 4.2 Tn accordance with M.S.A. 179.65, Subd. 2, the Employer agrees that upon notificatioa by the Uniott, the Employer shalt deduct a fair share fee from all certified employees who aze not members af the exctusive representative. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations andi adminisiration of grievance procedures. 4.3 The Union authorizes deduction of forty dollazs ($40.00) bi-weekIy, from employees who are members of Laborer's Loca] #132 who already have pension credits in the Union's Pension Fund and choose to participate in the iJnion's Pension Fund. 'I'he Employer wiII forward this to the Union's Pension Fund. The Union is to provide the Employer a list of eligible members. 4.4 The Union will indemnify, defend and hold the Employer haanless against any claims made and against any suits instituted against the Employer, its officers or employees, by reasoa of negtigence of the Union in requesting or receiving deductians under ttus Article. 'Fhe Empioyer will indemnify, defend and hold the Union hannless against any clauns made and against any suits instituted against the Union, iu officers or empIoyees by reason of negligence on the part of the Employer in making or forwazding deductions under this ArticIe. ARTICLE 5 • MANAGEMENT RIGHTS 5.1 The Union recognizes the right of the Employer to operate and manage its affairs ia all respects in accordance with applicable laws and regulations of appmpriate authorities. The rights and authority wIuch the F.mployer has not officially abridged, delegated, or modified by this Agreement are retained by the Employer. - -3- v ' ARTICLE 5- MANAGEMENT RIGHTS (Continued} ��� - 5.2 A pubiic Employer is not required to meet and negotiate on tnatters of inherent manageriai policy, which include but aze not limited to, such azeas of discretion of policy as the functions and programs of the � Employer, its overall budget, utilization of technology, and organizational structure and selecfion and d'uection and number of personnel. ARTICLE 6 - SAFETY 6.1 Accident and injury &ee operations shatl be the goai of all Employers and employees. To this end the Employer and employee will, to the best of their ability, abide by and live up to the requirements of the several State and Federal Construction 5afety Codes aad Regutations. 6.2 To this end the Employer shall from time to rime issue rules or notices to his employees regazding on the job safety requ'uements. Any empioyee violating such rules or notices shall be subject to discipIinary action. No employee may be discharged for refusing to work under unsafe conditions. 63 Such safety equipment as required by govemmental regulation, shall be provided without cost to the employee. At the Employer s option, the employees may be required to sign for safety equipment and shall be obligated to retum same upon discharge, layoff, quit or other temunation in compatable condition as when issued, providing reasonabfe weat and teaz. The Employer shall have the right to withhold the cost of such safety equipment if not returned. 6.4 The Employer ag�ees to pay $?5.00 per calendar year towazd the purchase of one pair of safety shoes by • an employee who is a member of this unit. The Employer shall contribute toward the purchase of one pair of shoes per calendar year and shall not be responsible far any additional cost for that year. Employees may cazry over, up to a totai of $150.00 for the purchase of shoes. Reimbursement shall be made oniy afrer investigation and approval by the immediate supervisor of the employee. This oontribution shall appiy only to employees who aze required by the Employer to wear protecrive shoes or boots. In addition to the regulaz safety shce reimbursement, employees who weat Kevlaz boots as part of their regulaz job duties will receive an additional $25.00 per calendar year for the purchase of Keviar safety boots. Such employees will be allowed to cany over, up to a total of $200.00 for the purchase of Kevlar safety boots. `I'be Employer will determine who is eligible for this additional reimbursement. 6.5 The City shall furtush unifotms at no cost to the employees who work ia the Sewer Division of the Public Works Department. b.b T'he Water Utility will provide at it's expense an initial uniform to employees required to weaz a uniform. Effective January 1, 2000 the Water Utility will reimburse these employees ug to $175.OQ annually per calendar yeaz beginning the year after the employee's initial issue. Employees must present receipts to be reimbursed. -4- ARTICLE 7 - DISCIPLINE PROCEDURES 7.1 The Employer will discipline employees for just cause only. Discipline will be in the form of: A. Oral reprimand; � 7.2 7.3 B. Written reprimand; C. Suspension; D. Reduction; E. Discharge. Suspensions, reductions and discharges wilI be in written form. A notice in writing of suspensions, reductioas and dischazges shalI be sent to the empioyee and the Union within seventy-two (72) hours after suck action is taken. 7,4 Discharges wili be preceded by a five (5) working day preliminary suspension without pay. During said period, the employee and/or Union may requesi, and shatl be entitled to a meeting with the Employer representative who initiated the suspension widx intent to discharge. During said five (5) working day period, the Employer may affirm the suspension and discharge in accordance with Civil Service Rules or may modify, or withdraw same. 7.5 Grievance zelating to this Article shall be grocessed in accordance with the grievance procedure imder Article 10. ARTICLE 8- HOURS, OVERTIME, SNOWPLOWING 8.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute Iunch period, except for employees assigned to the 4/40 shift where the normai work day shall be ten (10} consecutive hours per day, excluding a thi.rty (30) minute lunch period. The normal work week shall be five (5) consecutive normal work days in any seven {7) day period except for employees assigned to the 4/�10 shift where tiie normal work week shall be four consecutive Yen (I O) hour work days in any seven (") day period. (For employees oa a shifi basis this shall be consuued to mean an average of forty hours a week.) 8.2 Except in cases of emergencies, the Employer shall notify the affecYed employees of an intention to change a shift at least 24 hours prior to the beginning of the new shift. 83 Employees shalt report to work location as assigned by a designated Employer supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the Employer. Management shall provide transportatian or allow travel time withiu normai working hours to the new work location. . 8.4 Cail-in-Pay. When an employee is called to work he/she sha1T receive two hours pay if not put to work. If he/she is catled to work and commences work, he(she shali be guaranteed four straight time hours pay. ` � -5- v " ARTICLE 8- HOURS, OVERTIME, SNOWPLOWING (Continued) ar 7 �� &.5 Overtitne. Time on the payroll in excess of the normal hours set forth above shall be "overtune work" and shall be done only by ozder of the head of the department. An empioyee shall be recompensed for i work done in excess of the normal hours by being granted compensatory time on a rime and one-half basis or by being paid on a time and one-hatf basis for such overtime work. Empioyee may express a written preference for the method of overtime payment, however, the basis on which such overtime shall be paid shall be determined solely by the fimployer. The time and one-half oaertime rate shall be based on the total rate, including any premium pay, being eamed during the overtime hours worked. 8.6 The two (2) work breaks shall not exceed fifteen (15) minutes from the time the employee stops working until he/she resumes work, and shall be taken in close pmacimity of the employee's work station. 8.7 Employees who are unable to report for their normal work day have the responsibility to notify theiz supervisor of such absence as soon as possibie, but in no event later than one-half hour before the beginning of such work day. Failure to make such notification may be grounds for discipline. 8.8 The following will be the procedure for filling snowplowing or sanding needs. A. All listed categories of City employees will be offered one shift before any receive a second shift. B. For purposes of a declazed snow emergency, both the night and day phases shall be considered shifts falling on the date of the day phase. Personnel shall be assigned to one of the two phases in the priority order shown below provided that no overtime shift results. C. In the event that overtime shifts are neetied to fill any assignment, overtime shifts shall be i offered in the same priority order. D. Order to be calied. 1. Regular full-time Driver Operators, Heavy Fquipment Operators, "Bid Driver" assignees and Street Service Workers on normally scheduled shifts. 2. Driver Operators, Heauy Equipment Operators and "Bid Driver" assignees on layoff. 3. Street Services Workers on layoff. 4. Sewer Services Workers. 5. Jet Sewer Cleaner Operators. 6. Bridge Mauttenance Workers. 7. Crew Leaders. 8. Qther permanent Tri-Council members. 9. All other qualified Public Works volunteers on normally scheduted shifts. 10. Qualified temporazy Tri-Council members. -6- ARTICLE 9 - INSURANCE Active Employee Insuranee 9.1 1'he insurance plans, premiums for coverages and benefits contained in the insurance plans offerec3 by � the Employer shali be soiely controlled by the contracts negotiated by the Employer and the benefrt providers. The Employer will attempt to prevent any changes in tfie benefits offered by the benefit providers. However, the employees selecting the offered pians agree to accept any changes in bene$ts which a specific provider implemenis. iRS mles and regulations shall govem the Employer provided health and welfaze benefit progrdm. 9.2 Ef�'ective for the January, 2000 insurance premiums, for each eligible employee covered by tiris agreement who is employed full-time aad who selects employee health in�,�Tance coyerage pzovided by the Empioyer, the Employer agrees to contribute the actual mon#hly cost of the 2000 single heatth insurance premium ($211.62). For each eligible fiill-time employee who selects family health iasuraace coverage, the Employer wiIl contribute the 1999 Employer contribution amount plus 50% of the 2000 family health +nM��*+ce gremium increase (total of $391.67), each month toward the cost of the famiIy health insurance premium. 9.3 Effective for the January, 2001 insurance premiums, for each eligible emptoyee cavered by this agreemenz who is employed full-time and who selecu single employee health insurance coverage provided by the Fsnployer, the Employer agrees to contdbute $211.62 per manth plus any increase ia the 2Q01 single health insurance premium up io $40.00 per month. If the 2041 single health insurance premium increase is over forty ($40A0) dollazs, the Employer wilt contribute 50% of the amount over • forty ($40.00) dollars. For each eligible full-time employee who selects family health insurance coverage, ihe Employer will conh $39I.67 plus an amount equal to the 2001 singte heatth insurance premium increase up to forty ($40.00) dollazs. If the 20Q1 single health insurance premium increase is over forty ($40.00) doIlazs, the Employer wili contribute 50% of the aatount over forty ($40.00) dollazs. 9.4 Effective for the January, 2d02 insurance premiums, for each eligible employee covered by this agreement who is employed futl-time and who selects sutgle esnployee health insurance coverage provided by the Employer, the F,mployer agrees to contribute the 2001 contribution plus an increase up to forty ($40.OQ) dollars per month. If the single health in�,�,�nce premium iacrease for 2001 exceeds forty ($40.00} per month, the Employer will contribute 50% of the amount over forty {$40.00) dollazs. For each eIigible full-time employee who selects fanuly heatth insurance coverage, the Employer will contribute the 2001 contribuuon plus 60% of the family premium increase in 20Q2 up to $60.04. If the 2002 family premium increase exceeds $ I00, ihe City will pay 40% of the excess increase. 4.5 If in either year the number of plans increases, the increase will be based on the average premium. -�- �,-73y ARTICLE 9 - INSURANCE (Continued) 9.6 For the purpose of this Article, full-time employment is defined as appearing on the payroll at least 32 • hours per week or at least 64 hours per pay period excluding overtime hours. 9.7 For each eligible employee covered by this Agreement who is empioyed hatf=time who selects employee insurance coverage, the Employer agrees to contribute fifty percent (50%) of the amount contributed for fuli-time employees selecting employee coverage in the same insurance plan. For each half-time empioyee who selects family inc���ce coverage, the Employer will contribute $fty percent (50%) of the amount contributed for full-time employees selecting family coverage in the same i.,��*a�ce plan. For the purpose of this Article, half-time employment is defined as appearing on the payroll at least 20 hours but less than 32 hours per week or at least 40 hours but less than 64 hours per pay period excluding overtime hours. An employee will be considered haif-time only if such employee is assigned to a position which is regularly assigned half-time hours. 9.8 For each eligih]e employee the Employer agrees to conhibute the cost of $15,000 of life insurance coverage. Refiree Insurance 9.9 Empioyees who retire must meet the following conditions at the time of retirement in order to be eligible for the Employer contributions, listed in Sections 9.10 and 9.11 below, toward a health insurance plan offered by the Employer: . A. Be receiving benefits from a public employee retirement act at the time of retirement, and B. Have severed hislher relationship with the City of Saint Paul for reasons other than misconduct, and C. Have completed at least 20 years with the City of Saint Paul, and a. If an employee takes a leave of absence to serve as a full-time union official, time served in such capacity, up to three yeazs wi11 be applied towazd meering this 20 year requirement. b. If an employee serves in that capacity for more than three yeazs, the additional time may be purchased upon return to City service for $300.00 per month and applied to this 20 yeaz requirement. D. Were hired prior to January i, 1996. Early Retirees 9.10 This Section shall apply to full time employees who: A. B. C. D. E. / Reeire on or after January 1,1996, and Were appointed on or befare DecemUer 31,1995, and Have not attained age 65 at retirement, and Meet the terms set forth in Section 9.9 above, and SeIect a health insuraace plan offered by the Employer -8- ARTICLE 9 - INSURANCE (Contiaued) Unril such employees reach sia�ty-five (65) yeazs of age, the Employer agrees that for retirees selecting single coverage, the Employer will provide the sazne contribution as is provided for active emgloyees . selecting single coverage under this agreement. Tius amaunt, however, shatl not exceed $350 per month. For employees selecting family heatth insurance coverage, the Employer will con�ibute $350 per month towazd the premium for family health insurance coverage. Any unused portion of the Emp2oyer's contribution shali not be paid to the retiree. VJhen such eazly retiree attains age 65, the provisions of Section 9.11 will apply. Regular Retirees (Age 65 and over} 9.11 This Section shall apply to fvll time employees who: A. Retire on or after 7anuary 1, 1996, and B. Were appointed on or before December 31, 1995, and C. Have attained age 65 at retirement, and D. Meet the terms set forth in Section 9.9 above, and E. Select a health insurance plan offered by the Employer The Employer agrees to contribute a maximum of $550.00 per month towazd the premium for single or family health insurance coverage offered by the Employer to regular retirees and their dependents. Any unused portion of the Empioyer s contribution shatl not be paid to the retiree. This Section shalI also apply to early retirees who retired under the provisions of Section 9.10 when such retirees attain age 65. 9.I2 A retiree's participation in the Ciry's heatth insurance ptan mvst be continuous. If a retiree chooses not to participate at the tnne of hisJber retirement or if a retiree discontinues his/her participation, such retiree will not be eligible for any future participation or for any Employer contribution. 9.13 In the event of the death of a retiree who was hired on or after May 1,1992 and who is pazticipatiag in the City's health insurance program, the surviving spouse or dependent of the deceased may continue to participate in ttte City's health insurance plan at their/her own cost. Eligibility to continue to participate shall terminate when such spouse or dependent remarries or becomes eligible for group heaIth i„co*ance through any employer. Survivor Insurance 9.14 The surviving spouse of an employee carrying family coverage at the time of hislher death due to a job connected injury or illness which was determined to have arisen out of and ut the course of his/her employment under worker's compensation law shail continue ta be eligib2e for ciry contribution in the same proportions as is provided for retired employees. - -9- oo� y ARTICLE 9 - INSURANCE (Continued) In the event of the death of an eazly retiree or a regular retiree, the dependents of the refuee shall have � the option, within thirty (3Q) days, to continue the current hospitalizafion and medical benefrts which said dependents previously had, at the premium and Employer contribution accorded to the eligibie deceased retiree. It is further understood that coverage shall cease in the event of: A. Svbsequern remazriage of the surviving spouse of the deceased employee or retiree. B. The employment of the surviving spouse or dependent where heaith insurance is obtained through a group program provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. 9.15 A retiree may not cazry hisfher spouse as a dependent if such spouse is also a City retiree or City Bmployee and eligible for and is enrolled in the City health insurance prograzn. 5easonal Layoff 9.16 Effective for the May, 1997, insurance premiums, for each eligible employee covered by this Agreement who is employed full-time and who selects health insurance coverage provided by the Employer, and who is placed on seasonal layoff, the Employer shall, for up to five months of layoff, • conuibute $191.40 per month towazd the cost of the single heaith insurance premium or $349.85 per month toward the cost of the family health insurance premium, regardless of whether or not such employee has worked the appropriate hours within the qualifying pay period. Effective for the January 1998 insurance premiums, the contribution for the single health insurance premium shall be changed to $178.95 per month toward the cost of the single health insurance premium, and the contribution toward family coverage shail be increased by 50% of the 199% family heaith insurance premium increase. Effective for the January 1999 insurance premiums, the contribution for single coverage shall be changed io reflect the dollar amount of the single health insurance premium, and the coniribution toward the family health insurance premium shall be increased by SQ% of the 1999 family health insurance premium increase. Effective for the 3anuary 2040 insurance premiums, the contribution for single coverage shall be changed to zeflect the dollaz amount of the single heaith insurance premium, and the contribution towazd the family health insurance premium shall be increased by 50% of the 2000 family heaith insurance premium increase. ' -10- ARTICLE 9 - INSURANCE (Continued) MisceBaneous 9.17 Pagers may be issued to Street Services Workers who are placed on seasonat layoff and are receiving the � seasonal health insurance benefit as provided in Article 9.I6. Laid off employees who are issued pagers will be expected to respond to pages from the employer. 9.18 The contributions utdicated in this P,rticle 9 shall be paid to the Employer's Group Heaith and Welfaze Plan. 9.19 Any cost of any premium for any City-offered Employee or family insurance coverage in excess of the dollar amaunts stated in ttris Article 9 shall be paid by the Employee. 9.20 Any EmpIoyee having ten or more years of service with the Employer who becomes ill or iajured so as to be unable to eontinue working and has e�chausted ali his/her sick leave and vacation shal� be eligible for City paid health and welfaze benefits for a maximum of three years. 9.21 The Employer will provide a system whereby the employee's contribution towazd the premiums for the employee selected health insarance coverages will be paid on a pre-tax basis. Employ°ees covered by tlus Agzeement will be eligibie to participate in 2he Flexible Spending Account and the Dependent Care Reimbursement Account as offered by the Employer. The service fee charged to participating emptoyees in either of these Accounts shalt be paid by the Employer. 9.22 Any employee who is receiving benefiis under the terms of this contract and instead of layoff takes a, voluntary reduction to Pazk Aide, to continue working during ttie winter, shall continue to receive the benefits available to his/her permanent title. 4.23 All Season Full Time Pazk Aide: A. The Pazks Departcuent will identify ihe number of All Season Full Tnne Park Aide positions needed for full time employment by September of each year. The Degarnnent wiIl choose first: I. Laid off Pazks Workers who take a reductioa to Park Aide; then if necessary 2. Park Aides designated A21 Season Full Time Park Aide; then if necessary 3. Qualified Pazk Aides by Seniority. B. Any Park Aide who accepts fulI time winter employment {AIi Season Fu11 Time Pazk Aide) by the parks Deparhaent, will be eligible for single health insurance coverage as provided in Articles 9.1 through 9.5 of lhis contrad beginniag in January following the offer of winter employment and continuing for all consecutive months worked as an AlI Season Futl Time Pazk Aide. 9.24 The provisions of this Articie 9 shatl not apply to employees ia the tides of Golf Ftanger and Park Aide. - -1i- `• ARTICLE 10 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE �"��y 10.1 T'he Employer shall recognize stewards selected in accordance with Union ruIes and regulations as the grievance representafive of the bargaining unit. The Union shall notify the Emplayer in writing of the • names of the stewazds and of theit successors when so named. 10.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibiiities of the emgloyees and shall therefore be accomplished dvring working hours only when consistent with such employee duties aad responsibilities. The steward involved and a grieving employee shalt suffer no loss in pay when a grievance is processerl during working hours, provided the steward and the employee have noti&ed and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 103 The procedure established by this Article shall be the sole and exclusive procrd�re for the processing of grievances, which are defined as aa alleged violation of the terms and conditions of this Agreement. 10.4 Grievances shall be resolved in conformanc� with the following procedure: Step I. Lipon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the marier is not resoived to the employee's sarisfaction by the informal discussion it may be reduced to writing and refened to Step 2 by the Union. Tfse written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement • not reduced to writing by the Union within seven (?) calendar days of the first occurrence of the event giving rise to the grievance or with the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a designated Employer supervisor shali meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall repiy in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in wziting to Step 3 within seven {7) calendar days following receipt of the Employer's written answer. Any grievance not referred in cvriting by the Union within seven (7) calendar days foUowing receipt of the Employer's answer shall be considered waived. Step 3. Within seven (7) calendaz days following receipt of a grievance referred from Step 2 a designated Emptoyer supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the Employer shall reply in writing to the Union stating the Employer's answer concerniug the grievance. If, as a resu]t of the written response the grievance remains unresolved, the Llnion may refer the grievance to Step 4. Any grievance not refeaed to in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. -12- ARTICLE 10 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE {Continaed) Optional Mediation 1) If the grievance has not been satisfactority resolved at Step 3, the Union may, within ten • (10) calendaz days, request mediation. If Management agrees that the grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediarion Services for the assignment of a mediator. Grievance mediation shall be completed within tturty (30) calendar days of the assignment. 2) Grievance mediafion is an optionaI and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is iavoked, the contractuai time Iimit for moving the grievance to arbitration shali be delayed for the period of inediation. 3) The grievance mediation process shail be informai. Rules of evidence shall not apply, and no record sha11 be made of the proceeding. $oth sides shall be provided ample opportunity to present the evidence and azgument to support their case. The mediator may meet with the parties in joint session or in separate caucuses. 4} At the request of both patties, the mediator may issue an oral recommendation for settlemeni. Either party may request that the mediator assess how an azbi�atar xttight rule in this case. 5) The grievant shall be present at the grievance proceeding. If the grievance is resolved, • the grievant shall sign a statement agreeing to accept Ltie outcome. Unless the parties agree otherwise, the outcome shail not be precedential. 6) If the grievance is not resolved and is subsequent�y moved to azbitration, such proceeding shall be de novo. Nothing said or done by the par�ies or the mediator during grievance mediation with respect to their positions conceming resolution or offers of seitlement may be used or referred to during arbitrauon. Step 4. The arbivation proceedings shail be conducted by an arbitrator to be selected from a permanent panel of five (Sj arbitrators. Arbitrators shall be seIected by lot within twenty (20) work days after notice has been given. The permanent panel of arbitrators shatl be mutuaIly agreed to by the Employer and the Union no later thaa sixty (60) days af4er the signing of this Agreement. In tlze event the EmpIoyer aad the Union have not agreed to five (5) azbitrators for the pertnanent panel, the parties will petition the Director of the Bureau of Mediation 5ervices for a list of sevea (7) arbitrators. The parties shail altemately stritce names from such list(s), the Emptoyer shiking first, until one (i) name remains. � -13- 00-73' f �' ARTICLE 10 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Continned) - 10.5 • The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Ageement. The azbitrator shall consider and decide only the specific issue submitted in writing by the Empioyer and the LInion and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or vatying in any way the applications of laws, rules, or regulations having the force and effect of law. The arbittator's decision shall be submitted in writing within ihirty (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 shatl be based solely on the azbivator's interQretation or application of the express terms of this Agteement and to the facts of the grievance presented. The decision of the azbitcator shatl be final and binding on the Employer, the Union, and the employees. 10.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Uniott, provided that each pariy shali be responsible for compensating its own zepresentatives 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 tecord. 14.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. 10.8 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 deternuned by this grievance procedure it shall not again be submitted for arbitration . under the Civi] Service Rules. lf an issue is determined by the provisions of the Civil Service Rules it shal] not again be submitted for arbitration under this grievance procedute. ARTICLE 11- SENIORITY 1 l.l Seniority, for the putpose of this Agreement, shall be defined as follows: A. "City Seniority" - T'he length of continuovs, regulaz and probafionary service with the Employer from the date of employment in any and all class titles. B. "Class Seniority" - The length of continuous, regulaz 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 class seniority is confined to the cutrent class assignment held by an emgloyee. For Employees with dual tifles, class seniority will be defined as the class tifle assignment for the day assigned and wili continue to be that ciass tifle until the next regulaz assigned shift. I7uring a declared emergency when the assigned shift is finished, those who hold dual titles, such as Heavy Equipment Operator and Driver Operator, will revert to the lower title in order of the'u seniority in that tiUe. II -14- ARTICLE I1- SENIORITY (Continued) C. If an employee reqnests reverse seniority for the winter season he/she will be placed at the bottom of the seniority list. An employee's reqnest must be submitted by October 15 of each � year. All employees who have opted for reverse seniority will be returned to their originat seniority on the caII back Iist when tl�e weather aIIows the empIoyer to begin normal spring/summer operations, or on April 1 of the following year, wlrichever comes first. Pazks Workers or Grounds Workers opting for reverse seniority wi11 be pIaced at the bottom of the combined Parks Worker/Grounds Worker seniority list duriag the lay off- period. 2. Driver-Operators, Bid Drivers or Public Works Labarers opting for reverse seniority will be placed at the bottom of the Stneet Services Worker winter call in seniority list after any Street Services Worker has opted for reverse seniority. 11.2 Seniority shall terminate when an employee retires, resigns, or is discharged. 11.3 A. In the event it is detemuned by the Employer that it is necessary to reduce the work force, employees will be laid off by class title within each division based on inverse length of "Class Seniority." Recail from layoff shati be inverse order of layoff, except that recatl rights shall expire afrer two years of layoff. B. In cases where there are promotional series, such as Unskilted Laborer, Crew I,eader, etc., when the number of employees in these higher titles is to be reduced, employees who have heid Iower tiiles which are in this bazgaining unii will be offered reductions to Yhe highest of these titles to • whzch ctass seniority would keep them from being taid off, before layoffs are made by aay class fit3e in any deparfinent C. It is further understood that a laid off employee shail have the rig�t to placement in any Iower-paid class title in tius hazgaining unit, provided said employee has been previously certified and appointed in said lower-paid class tifle. In such cases, Yhe employee shall first be ptaced on a reinstatement register and shall have "Ctass Seniority" based on the date originally certified and appointed to said cIass. Empioyees may also apply for positions in a lower class but may, nevertheless, return to original class as provided in paragraph (A} above. D. The provisions of Appendiac C shali apply to the ciassification of Driver Operator. 11.4 To the extent passible, vacation periods sha11 be assigned on the basis of "Class Seniority", within each class, by division. It is, however, understood that vacation assignments shall be snbject to the ability of the Employer to maintain operations. 11.5 Fromotions shall be handled in accordance with cuaent Civil Service Ru1es and practices. However, ihe Water Utility may promote and assign a member of a rofating emergency or night crew hoiding the secondary title of Water Service VJorker-Control Desk 2o a temporary Water Service Worker-ConuoI Desk vacancy on his assigned crew without reference to his seniority in that title. Regutaz permanent promotions will continue to be made in order of seniority in tide. _ -15- ' ARTICLE 11 - SENIORITY (Conrinued) - 11.6 When a seniority list is being used to call in employees for overtime, once the list is e�chausted, the emgloyer shall order employees, in reverse order of seniority, to report to work. � ARTICLE 12 - VACATION �-�3�f 12.1 Vacation credits shall accumulate at the rates shown below for each full hour on Yhe payroll, excluding overtime. Years of Service 1 st year thru 4th yeaz Sth year ttuu 9th year IOth yearthru 15th year 16th year tfiru 23rd year 24th year and thereafter Hours of Vacation .0385 (10 days} .0616 (16 days) .0731 {19 days) .0885 (23 days) .1400 (26 days) 12.2 The head of ihe departmeni may permit an emgloyee to catry over one hundred and twenty (120) hours of vacation into the following "vacation year". For the purpose of this article the "vacation year" shall be the fiscal year (IRS payroll reporting yeaz). 123 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Campensation, Section I(one), Subsection H. .12.4 If an employee has an accumulation of sick leave credits in excess of one hundted and eighty (18�) days, heJshe may convert any part of such excess at the rate of two (2} days of sick leave for one (1) day of vacation up to a maximum of five (5) days of vacation. 12.5 The maximum number of days` vacation allowed by the conversion of sick leave credits shali be no more than five days on any one year so that with the maximuzn vacation time which may be taken in any one year (including carry over allowed from previous vacation year) shall be forty-six days including the regular vacation period. 12.6 The provisions of this Article 12 shall not apply to employees working in the titles of Golf Ranger or Park Aide. / -16- ARTICLE 13 - HOLIDAYS 13.1 The following twelve (12) days shall be designated as ho&days: New Year's Day, January 1 Martin Luther King Day, third Monday in 7anuary Presidents' Day, third Monday in February Memorial Day, last Monday ia May Independence Day,July 4 Labor Day, first Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, faurth Friday in November Christmas Day, December 25 Two floating holidays � Eligible employees shall receive pay for each of the holidays Iisted above, on wlvch they perform no work. When New Yeaz's Day, Independence Day, Veterans' Day or Christmas Day falls on a Sunday, the foliowing Monday shall be considered the designated holiday. When any of these four (4) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. For those employees assigned to a work week other than Monday through Friday, the haliday shall be observed on the calendaz date of the holiday. 13.2 The floating hoIidays set forth in Section 13.I above may be taken at any time during the fiscal yeaz, subject to the approval of the Department Aead of any employee. � 133 Eligibility Requirements. In order to be eligible for a holiday with pay, an employee's name must appear on the pa}7o11 on any six working days of the nine working days preceding the holiday; or an employee's name must appeaz on the payroll ihe last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is fiuther understood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. 13.4 The ten (10) holidays sha11 be considered non-work days. I3_5 If, in the judgment of the EmpIoyer, personnel aze necessary for operating or emergency reasons, emptoyees may be scheduled or "called back" in accordance with ArticIe &.4 (Catl-in-Pay). 13.6 If an employee entitled to a holiday is required to work on Martia Luther King Day, President's Day, Day After Thanksgiving or Veterans' Day, he/she sha21 be grauted another day off with pay in lieu thereof as soon thereafter as the convenience of the department petmits, or the empioyee shall be paid on a sh�aight time basis for such hours worked, in addition to his/her regttlar holiday pay. If an employee entifled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Labor 1?ay, Tkanksgiving Day or Ghristmas Day, he/she shall be recompensed for work done on this day by being granted compensatory time on a time and one-hatf basis or by beiag paid on a time and one-half basis for such hours worked, in addition to his/her regulaz holiday pay. _ -17- ARTICLE 13 - HOLIDAYS (Continued) oa?3 y - Effective May 1, 1998 if an employee entitled to a holiday is required to work on Martin Luther King � Day or Veterans' Day helshe shall be recompensed for work done on this day by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such hours worked, in additian to hislher regulaz holiday pay. Effective April 1, 2000 if an employee entitled to a holiday is required to work on Presidents' Day or the Day After Thanksgiving he/she shall be recompensed for work done on ttus day by being granted compensatory time on a time and one-half basis or by being paid oa a time and one-half basis for such hours worked, in addition to hislf�er tegulaz holiday pay. Eligibility for Holiday pay shall be determined in accordance with Section I, Subsection I of the Saint Paul Salary Pian and Rate of Compensation. 13.7 The provisions of this Article 13 shall not apply to employees working in the titles of Golf Ranger and Pazk Aide. ARTICLE 14 - JURY DUTY 14.1 Any employee who is required during hisfher regulaz working hours to appeat in court as a juror or witness, except as a wimess in the employee's own behalf against the Employer, shall be paid hislher regulaz pay while so engaged. Any fees that the employee may receive from the court for such service • shall be paid to the City and be deposited with the City Finance Director. Any employee who is scheduled to work a shift, other than the normal daytime shift, shali be rescheduled to work the normal daytime shift during such time as helshe is required to appear in court as a juror or witness. ARTICLE 15 - SEVERANCE PAY 15.1 The Empioyer shall provide a severance pay program as set forth in tlus Article. 15.2 To be eligible for the severance pay pragram, an employee must meet the following requirements: A. `The employee must be 58 years of age or older or must be eligible for pension under the "rule of 40" or ffie "rule of 85" provisions of the Public Employees Retirement Association (PERA). The "rule of 90" criteria shall also apply to employees covered by a puhlic pension plan other than PERA. B. The employee must be voluntarily separated from City employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligibie for the City severance pay program. t -18- ARTICLE 15 - SEVERANCE PAY (Continued) C. The emptoyee must have at least ten (10} yeazs of consecutive service under the classified or uncIassified Civil Service at the time of separation. � D. The employee mvst file a waiver of reempioyment with the Direcior of Human Resources, wlrich will cleazly indicate that by requesting severance pay, the employee waives all claims to reinstatement or teemployment (of any type), with the City. E. The employee must have accumulated a minimum of sixcy (60) days of sick leave credits at the time of his/her sepazation &om service. I53 If an employee requests severance pay and if the employee meets ihe eligibility requirements set fortfi above, he or she will be granted severance pay in an amount equal to one-hatf of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maatimum of $6,SOQ. 15.4 For the purpose of this severance progam, a death of an employee shall be considered as sepazatioa of employment, and if the employee would have met alI of the requirements set forth above, at the time of his or her death, payment of the severance pay will be made to the employee's estate or spouse. 15.5 The manner of payment of such severance pay shall be made in accordance with the pmvisions af City Ordinance No. 11490. 15.6 This severance pay program shall be subject to and governed by the pmvisions of City Ordinance No. 11490 except in those cases where the specific provisions ofthis article conflict with said ordiaance and• in snch cases, the pmvisions of this article shall control. 15.7 The provisions of this article shaIl be effective as of May 31,1984. 7 5.8 Any employee hired prior to May 31, 1984 may, in any event, and upon meeting the qualifications of this article or Ciry Ordinance No. i I490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this articie or the ordinance shall constitute a bar to receiviag severance pay from the other. 15.9 For employees appointed to a tiYle covered by t6is Agraement on or after May 1,1489, the Employer shall provide only the severance pay program as set forth in I5.10 through 15.14. 15.10 To be eligible for the severance pay program, an empioyee musc meet the foltowing requirements: A. T'he empioyee must be voluntarily separated from City employment or have been subject to separation by layoff oz compulsory retirement. Those employees who are discharged for cause, misconduct, inefficieacy, incompetency, or any other disciplinary reasan are not eligible for the City severance pay program. - -19- ARTICLE 1S - SEVERANCE PAY (Continued) m � 73 � ' B. The employee must file a waiver of reemployment with the Director of Human Resources, which • will cleazly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. b25. C. The employee must have an accumulated balance of at least eighty (86) days of sick leave oredits at the time of hislher separation from service. 15.11 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance gay in an aznount equal to one-half of the daily rate of pay for the position held by the empioyee on the date of separation for each day of accrued sick leave subject to a maximum as shown below based on the number of yeazs of service in the City. Years of Service with the City At Least 20 21 22 23 24 25 Maximum 5everance Pay $ S,Q00 6,000 7,000 8,000 9,000 10,000 15.12 For the purpose of this severance program, a death of an employee sha1S be considered as separation of • empioyment, and if the employee would have met all of the requirement set forth above, at the time of his or her deaih, payment of the severance pay shail be made to the employee's estate or spouse. 15.13 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11440. 15.14 This severance pay program shall be sub}ect to and governed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this article shall control. 15.15 Notwithstanding Article 15.9, employees appointed prior to May i, 1989 to a title covered by this agreement who meet the qualifications as defined in articies 15.10 and 15.11 may elect to draw severance pay under the provisions of I5.11. However, an elec6on by an employee to draw severance pay under articie I 5.11 shall constitute a bar to drawing severance pay under any other provision set forth in this Agreement. 15.16 Employees appointed on or after May 1,1989 to a title covered by tlus agreement shall not be eligible for any severance pay provisions othzr than the provisions as set forth in articie 159 t�uv 15.14. 15.17 Tune with School District 625 sball not be used to qualify for the benefits in this Article for employees hired after 7anuary 1, 1997. , -20- ARTICLE 16 - WAGES 16.1 The basic hourly wage rates as established by Appendix A shall be pai@ for all hours worked by provisional, regulaz and probationary employees. f[.�? Effective 07/O1f00 Effective 07(02/Oi (or closest pay period} Effective Ol/OI/02 (or closest pay period) ARTICLE 17 - SAVINGS CLAUSE 1 �.1 This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Saint Paal. In the event any provision of this Agreement shall hold to be contracy to taw by a court of competent jurisdicrion from whose finat judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall cantinue in futi force and effect. ARTICLE 18 - NRISDICTION I8.1 Disputes concerning work jurisdiction between and among Unions is recognized as an appropriate subject for determination by the various Unions representing employees of the Empioyer. • 18_2 In the event of a dispute conceming the performance or assignment of work, the Unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing • shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of t12e dispute or to restrict the Employer's basic right to assign work. 2 83 Any employee refusing to perform work assigned by the Employer shall be subject to disciplinary action as provided in Article 7(Disciplinary Procedures). 18.4 There shalt be no work stoppage, stow down, or any disruption of work resniting from a work assignment. 18.5 The subcontracting of work done by the empioyees covered by this Agreement shatl in all cases be made onIy to Empioyers who qualify in accordance with Ordinance No. 14023. ARTICLE 19 - SICK LEAVE 14.1 Sick leave shall be eamed and granted in accordance with Yhe Civil Service Rules. The accrual rate for etigibie emptoyees sha11 be .0576 of a working hour for each full hoar on the payroll, excluding overtime. 5ick leave without pay may be granted in accordance with the provisioas of Se�tion 20H of the Civil Service Rules for a period up to but not to exceed three years. - The basic hourly wage rates in Appendix A reftect the fallowing increases: 2.5% inct�ase 2.75% increase 3% increase -21- ARTICLE 19 - SICK LEAVE (Continued) �0�73�{ 19.2 In the case of a serious illness or disability of an employee's child, parent or household member, the head � of the department shall gant leave with pay in order for the employee to care for or make arrangements for the caze of such sick or disabled persons. Such paid leave shall be drawn from the employee's accumulated sick leave credits. Use of such sick leave shall be limited to 40 hours per incident. 193 Any employee who has accumutated sick leave credits, as provided in the Civil Service Rules, may be granted one day of sick leave to attend the fimeral of the empioyee's grandparent or gandchild. 19.4 Pregnant employees of the City of Saint Paul shall be eligible for the use of paid sick leave and unpaid leave of absence in the same manner as any other disabled or ill City employee. Such paid sick leave eligibility shall begin upon certificatioa by the employee's attending physician that the empioyee is disabled in terms of her ability to perform the duties of her posi6on. 19.5 The head of the Department or the Human Resowces Director may require a physician's oertificate or additional certificates at any time during an employee's use of sick leave for the purposes stated in 19.2 above. All such certificates shall be forwazded by the appointing officer to the Human Resources Office. If an empioyee is absent because of the provisions of Article 19.2 above for three or fewer calendaz days helshe shail submit to the head of the Department a certificate signed by the employee stating the natute of the child, parent or household member's sickness. If the sickness continues for more than three calendaz days, no further sick leave shall be granted unless or until a physician is consulted. The sick � leave may be continued from and include the day of consultation, but only if a certificate signed by the physician certifying to the nature and period of the person's sickness is submitted and approved hy the head of the deparcment and forwazded to the Human Resources Office. 19.6 No sick leave shall be granted for the above reasons unless the employee reports to hislher department head the necessity for the absence not later than one-half hout before hisfher regularly scheduled time to report for work, unless he(she can show to the satisfacuon of the department head that the failwe to report was excusable. 19.1 An employee shall be paid under the provisions of this pazagraph onty for the number of days or hours for which he/she would normaliy have been paid if hetshe had not been on sick leave. 19.8 The provisions of this Article 19 shall not apply to employees working in the titles of Goif Ranger or Pazk Aide. ARTICLE 20 - PARENTAL LEAVE 2Q.1 Maternity Leave. Maternity is defined as the physicat state of pregnancy of aa employee, commencing eight (8) months before the estimated date of ciuldbirkh, as determined by a physician, and ending six (� months after 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 iu option, and such Ieave may be no longer than one (1) year. -22- ARTICLE 20 - PARENTAL LEAVE (Continued) . 2R2 School Conference Leave. An employee skall be granted up to a total of sixteen (16) hours during a schooi year to attend schoa2 conferences or classroom activities related to the employee's cluld, provided the conferences or classroom activities cannot be scheduted during non-work hours. When the Ieave cannot be schedvled duriag non-work hours and the need for the leave is foreseeable, the employee mvst� provide reasoaable prior notice of the leave aad make a reasonable effort to schedule the leave so as not to disn:p�-tiuduly ttie operations of the Employer. An employee shalt be atlowed to use vacatian or compensafory time for this leave; otherwise, this leave sfiall be without pay. y .. A.RTICLE 21- LEGAL SERVICES 21.1 Except in'cases of maifeasance in office or wiIlful or wanton neglect of duty, the Empioyer shall defend, save haimIess and indemnify an employee, and/or his/her estate, against any cIaim or demand, whether groundless or otherwise, arising out of an alleged act or omission in the performance and scope of the employee's duties. ARTICLE 22 - STRIKES, LOCKOUTS, WORK INTERFERENCE 22.1 The Unions and ttie Employers agree that there shati be no sbrikes, work stoppages, slaw-downs, sit down, st�y-in, or other concerted interferen�e with the Empioyer's business or affairs by any of said Unions aridlor the members thereof, and there sha11 be no bannering during t6e eacistence oftIus Agreeirient without first using all possible means of peacefu! settlement of any controversy which may arise. - ARTICLE 23 - DEFEBRED COMPENSATION 23.1 Employees who have completed ten (10) through nineteen (19) years of service with the City of Saint Paul and meet the eligibility requirements listed below shall be eligible for $40D per year for Deferred Compensation paid by the Employer on a dollaz for dollaz match. 23.2 Employees who have completed twenty (20) yeazs of service with the City of Saint PauI and who meet the eligibit�ry reguirements listed below sha11 be eligible for $600.00 per year for Deferred Coiripe�sation paid by the Emp2oyer on a dollaz for dollar match. � 23.3 The employer will match contributions on the first paycheck following September 1 of the pIan year for those on the payroll at the date of paymeat. 23.4 Eligibility Requirements: i�: Eligibility wi11 be determined in July of the plan year. B. Employees cannot have been oa lay off in the previous 12 months. �._ Eligible empioyees who experience a lay off must re-c}ualify through A and B above. D. Employees must have been in Tri-Council effective III of the plan yeaz. �. t2aalifying years of service (Qetermined by date of hire) must have been attained by 1/] of the plan yeaz. � F. Park Aides and Goif Rangers aze ineligible. �� G. If an employee Lakes a leave of absence to serve as a full-time union official, time served- in such capacity, up to three yeazs, will be counted towards the yeazs of service requirement. � -23- � ARTICLE 24 - TERMS OF AGREEMENT Cb-73 �t ' 241 The Emploper and the Union acknowledge that during the meeting and negotiating which resulted in this � Agreement, each had the zight and opporiunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and understaudings reached by the parties after the exercise of this right aze fuliy and completely set forth in this Agreement. Any and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment to the ea�tent they aze inconsistent with this A�eement aze hereby superseded. In those areas where Civil Service Rules are not inconsistent with this Agreement, tlte Civil Service Ru1es sha11 continue to be in effect. 24.2 Except as herein provided this Agreement sha11 be effective as of the date it is executed by the parties and shall continue in full force and effect thru December 31, 2002, and thereafter until modified or amended by mutual agreement of the parties. Either pariy desiring to amend or modify this Agreement shall notify the other in writing so as to comply with the provis3ons of the Public Employment Labor Relations Act of 1971. 24.3 This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator but is subject to the approval of the Adm'uustration of the City, the City Council and is also subject to ratification by the Unions. WITNESSES: CITY OF SAINT PAUL �BY:� T Ha tiner Labor Relations Manager DATE: , TRI-COUNCIL BY: ��� u,� �=�/-C�13 Business Aep., Local 120 DATE: � � � �� ' ��� ���6 ��r� BY: Busines anager, Local 132 DATE: BY: ��:�� .����/r3� Business Rep., Local 1� DATE: BY: �/c�r2 C1?,c.en+xs�- �`���oC> Business Rep., Local 49 DATE ���(.!—c� �-4��.�'�� BY: Business Manager, Loca149 I�� -24- APPENDIX A �-7�y The hourly wage rates for provisional, regutaz and probationazy employees working in the classes listed below aze as shown: �Effecri • •This GROUP A ✓e on the following dates: 7!1/2000 7!il2001(or 1/1/2002 (or (2.5%) closest pay closest pay period) (2.75%) period){3.0%) Bridge Crew Leader 20.07 20.62 21.24 Bridge Maintenance Worker 18.40 18.91 19.48 Grounds Crew Leader 18.87 19.39 19.9? Labor Crew Leader 18.87 19.39 I9.97 Parks Worker 17.89 18.38 18.93 Sewer Crew Leader 19.98 2Q.53 21.15 ''SewerMaintenanceLaborer 78.22 18.72 19.28 Sewer Services Worker 18.22 18.72 19.28 Stores Laborer 17.89 1838 18.93 Street Services Worker 17.89 1838 18.43 *Unskilled Laborer 17.84 18.38 1$.93 Water Utility Worker I 17.89 18.38 18.93 Water Uulity Worker II 18.45 18.96 19.53 Water System Worker I 18.22 18.72 19.28 Water System Warker II 1934 19.8T 20.47 Water Service Worker -Control Desk 1434 19.92 20.52 Golf Ranger First 500 Hours 632 6.49 6.68 Second 500 Hours 5.94 7.13 7.34 Third 500 Hours 7.52 7.73 ?.96 Fourth 500+ Hours 8.16 8.38 8.63 title is abolished except as to present incumbents. -Al- Appendix A (Continued) 7/1/2000 7/1/2001(or I/1/2002{or (2.5%) closest pay closest pay period} (2.75%) period) (3.0%} Pazk Aic3e First 500 Hours 724 7.44 7,66 Second 500 Hours 7.86 8.08 8.32 Tfiird 500 Hours 8.45 8.68 8.94 Fourth 500+ $ours 9.06 931 9.59 Gazden Laborer Start 16.50 16.95 1�.46 After Six Months 16.97 17.44 17.96 Gazdener 3tart 17.48 17.96 I8.50 After Six Months 17,85 18.34 18.89 Lead Gardener 19.41 19.94 20.54 *Grounds worker Start 16.86 17.32 17:84 Aftes Six Months 17.32 17.80 1833 *Groundsworker - Water Utility Start I6.86 1732 27.84 After Six Months 1732 17.80 18.33 {I'his title is abo2ished except as to present incumbents. � � -AZ- nppena►x A (Continued) GROUP B C�0�73Y 7!1l2000 (2.5%) 7/112001(or closest pay period)(2.75%} 1i1/2002 (or closestpay period)(3.0%) *Tractor Operator I i 18.13 This title is abolished except as to present incu 18.b3 GRQUP C 19.19 7l112001 711l2001(or 1!1l2002 (or (2.5%) ciosestpay closestpay �ioa>�z.�s�io� �ioa� �s.o�ra� Asphalt Plant Operator 21.17 2I.75 22.40 Heavy Equip. Operator 21.17 21.75 22.40 Heavy Equip OperlAsphalt Plant 21.17 21.75 22.40 Heavy Equip. QperlWater Utility 21.17 21.75 22.40 Jet Sewer Cleaner Oper 21.17 21.75 22.40 Revolving Power Equip Operator 23.82 24.48 25.21 � ; • 1' � 71112000 �2-5°�Q) *Driver Operator 18.14 *This title abolished except as to present incuuit 7J112Q01 (or closest pay periotn(2.75%) 1(1i2002 (ot closest pay period)(3.0°!0) � GROUP E 19.20 7li20Q0 7/1/2001(or 1/112Q02 (or (2.5%) closest pay closest pay period)(2.75%} period)(3.0%) Forestry Crew Leader 21.22 21.80 22.45 Tree Worker 19.07 19.59 20.18 Note: Effective 7/I IOQ the tifles of Bridge Crew Leader, Grounds Crew Leader, Labor Crew I,eader, Sewer Crew Leader, Forestry Crew Leader, Water SWII and Water-Contro2 Desk re�eived an zdditional $.25 per hour increase above the general percentage inerease. -A3- Appeudix A (Continued) The City agrees that if a classification study of the Bridge Maintenance Worker or Bridge Crew Leader title results in a proposed increase, the City will implement such increase retroactive to the date of tke crompleted job� profile. PREMIUMS A. Employees required to work eight (8) feet or Iower beneath grotmd shaIl receive three and one-haif percent (3.5%) per hour above the regular base hourly rate for each hour or any part thereof worked in such an assignment. This provision shail not apply to employees working under the tides of Water System Worker I or Water System Worker II. B. A premium pay of $fty-cents ($.50) per hour shall be paid for atI swiag stage wozk, such as work performed from a boatswain's chair or a swing scaffold or hazardous work that requires the use of a safety beit fifry (50) feeY or more above the ground. Ali standard safety laws sha12 be complied with. C. Tree Workers assigned to the crew perfornung tree trimming duties in assisting Northern States Power Company shall receive four percent (4%) per hour above the regulaz base rate or any part thereof worked in such an assigrunent. D. EmpIoyees assigned the dufies of diler Operator shall receive s'vc percent {6%) per hour above the regular base rate for each hour or any part thereof warked in such an assignment. E. Street Services Workers, Pazks Warker or Water Utility Workers I assigned to perform duties of an � *Asphatt Raker shall receive three percent (3%) per hour above the reguIar base rate for each hour or any part thereof worked in snch assignment. F. Street Services Workers or Water Utility Workers I assigned to perform duties of an *TacmanlTamper shall receive six percent (6%) per hour above the regular base rate for each hour or any part thereof worked in such assignment. This is in lieu of any clothing aIlowaace and shall be paid oniy for hours worked performing such duties. G. Any Parks Worker(*Grrounds Worker assigned to operate a 580-D or a rotary grass cutting machine having a cutting width of over I 5 feet sha11 receive $.45 per hour above the regular base rate for each hour or any part over one fourth hour actuatly worked in such an assigament. The regulaz operators of ihe 580-D equipment from previous seasons will be considered firsY for these assignments. For new openings, the Division will post the opening and take the senior quaiified candidate. Hawever the Division does not waive its rights to assign premium pay positions to less senior empioyees if it deems it necessary. This premium does not inciude reei mowers or 7-gang mowers. H. Pazks Workers or Cnounds Workers assigned to an abatement ctew on a summary abatement deemed to be hazazdous by the Health DeparCment Inspector and PED summary abatement supervisor and requiring the use of special protective cloThing shall receive $.60 per hotu above the regular base rate for each hour or any part thereof worked in tlus assignment. Effective Januazy 1,1999 upon completion of training. -A4- Appendix A (Conrinued) pp-7� y I. Effective May 1, 1998 Street Services Workers and Parks VJorkers assigned to drive tandem trucks, or required to drive Iowboy, h�uck trailer, or show mobile, shall receive $.25 per hour above the base rate � for each hour or any part thereof worked in such an assignment.'Driver Operators and Street Services Workers paid as "Bid Drivers" as defined under the provisions of Appendix D, A3 aze not eligible for this premium. n LI -AS- ' APPENDIX B � r ��� = Temporary employees shall be paid ninety percent (90%) of the appropriate wage rates established by the Highway and Heavy Agreement then in effect between the Unions and the Associated General Contractors of �.4innesota (AGC). Appropriate AGC fringe bsnsfii contributions shall also be paid to the jointly trusted funds. Effective upon ratification of the conv�act. 1. The hourly rates for temporary Employees working in the classes listed below are as shown: Effective Effective 11t2000 2001 (or closest pay period) � � Bridge Maintenance VTorker Water System Worker I Water Utility VJorker I Pazks Worker Sewer Services Worker Sueet Services Worker 18.67 18.67 18.67 18.67 18.b7 18.67 s Effective 2002 s s * � • r s : s * s The hourly wage rates for temporazy employees working in classes listed below shail be the same as the wage rates appiicable to provisional, regular and pmbationary emp3oyees working in said classes as shown in Appendix A: Garden Laborer Gardener For temporary Employees working in the classes listed above the following fringe benefit contributions shali be made to the Minnesota Laborers' Fringe Benefit Fund: Health and Welfaze Pension Vacation Training LECET Effecrive 5/1/2 0 (or ciosest pay period) 2.8� z.so 136•# .21 .OS Effective 2001 f * s s s Effective 2002 s r � • s 'At the time of the signing of ttus ageement rates were not available. *•This contribution is taxable. - Bl - Appendig B (Continued) 2. The hourly rates for temporary Employees working in the classes listed below aze as shown: Effective SI1/2000 (or closest pay period) Heavy Equipmeni Operator 21.17 Revolving Power Equipment Operator 21.44 Effective Effective �qq� Zoaz i The hourly wage rates for temporary Employees in Yhe classes listed below shall be the same as the wage rates appiicable to provisional, regulaz and probationary Employees working in said classes as shown in Appendix A. Tree Worker For temporary Employees working in the classes listed above the folIowing fringe benefits shali be made to Funds designated by IUOE, Loca149: Effective JIS /20d0 (or closesi pay period) Health and Weifare Pension Training 3.20 3.80 .15 Effective Effective 2001 20Q2 s *At ihe tune of the signing of Yhis agreement rates were not available. • The hourly wage rates for temporary Employees in the classes listed below shall be the same as the wage rates applicahle to provisionai, regulaz and probarionary EmpIoyees working in said classes as shown in Appendix A. #Driver Operator 4. Regulaz Employees who aze laid off and then calIed back in to work on a temporary basis shalt receive the regulaz rate of pay as shown in Appendix A for such tifles workec3 and shail coatinue to earn and accrue City benefiu for such hours worked. 5. For temporary Employees working in tides tisted in tlus Appeadix "B" whose length of service and eaznings require that they be subject to PubIic Employees Retirement Association contributions, the rate of pay shalI be the rate shown in this Appeadix "B" for such tiile divide@ by 1.0518. 6. If the union elects to have the fringe beaefit contributions listed in tlus Appendix "B" increased or decreased, the Employer may adjust the applicabie rates accardingly. 7. The Union wilI notify the Employer as soon as possible whea these rates aad the"u effective dates have been negotiated with the AGC. For their appIication in tivs agreement, adjushnents will be made on th� closest effective payroll dates. -82- laD-73 �f APPENDIX C • The foilowing aze special provisions for �Driver-Operator seniority: All *Driver-Operators hired subsequent to July I, 1970, except tfie six who were hued with the promotion rights from the Aprii 7,1975 eligible list by departments other than Public Works, will be laid off at the end of December i, 1978. Subsequent to December 1, 1978, the Public VJorks Departmem shall hire from the layoff list all *Driver-Operators who will be needed throughout the City for the remainder of the yeaz. Subsequent to December 1, 1978, all reinstatements and new appoinhnents will be made to the Public Works Department. Department or division promotion rules shall not apply to the classification of *Driver-Operator. Any *Driver-Operator taking an examination on a promotional basis for any other tide shail be considered a promotional candidate in the department in which he/she is working on the date of the examination regardless of the fact that such employee apgears as'�Driver-Operator on the Public Works Deparhnent payroil. In the event that such employee is transfened to another department after the date of the examination, such employee shall be considered a promotional candidate in the department to which helshe is • transferred. No change in assignment shall be made prior to the date of the examination for the purpose of changing the departznent in which the employee qualifies as a promotional candidate under this article. Employees appointed from the promouon list of the Mazch 3, 1978, Truck Driver examination shall have *Driver-Operatot seniority in the same order as the order in which their naznes appeaz on the promotional eligible list from which they were appointed. This does not apply to employees appointed from this list to the Board of Education. -Cl- APPENDIX D a�-�3y - The following aze general policies regazding seniority for personnel permanentiy assigned to fhe Departinent of Public Works Sueet Maintenance and Sewer Maintenance Divisions and the Division of Pazks and Recreation • in the classifications of *Briver-Operator, Laborer, Str�eet Services Worker, Heavy Equipment Operator, Sewer Services Worker, Crroundsworker, Pazks Worker, Tree Trimmer II, Power Clazn Operator and Tree Worker. These general policses will be followed when mak'sng job assignments to qualified employees. The productivity needs of the utili2ing division may be considered when making,}ob assignments. A. Department of Public Works 1. Class seniority in the *Driver-Operator and Laborer tifles shall take precedence over the Street Services Worker and Sewer Services Worker titles for all work assignments. T4ris includes Heavy Equipment Operators who also hold the tifle of •Driver-Operator and who aze reduced to the title of "Driver-Operator. 2. Class seniority in the titles of *Driver-Opemtor and Street Services Worker shall be used to make temporary job assignments for Heavy Equipment Operator positions in the Street Maintenance Division. 3. The Division shail identify the number of primary Driving Jobs needed each yeaz by May 1, or after the full spring call back, whichever comes fust. The primary Driving Jobs not assigned to *Driver Operators shall be bid using Class Seniority with employees holding the title Street Services Workers. The Straet Service Workers selected shall be refened to as "Bid Drivers" and shall be assigned by seniority. • a. *Driver Operators and "Bid Drivers" shall have their base pay increased by $.25 per hour. b. "Bid Drivers" will hold that designation and pay for one (1) yeaz until the next annual bid is implemented. c. "Bid Drivers" wil] not be on Street Service Workers Overtime lists d. If laid off during the Winter lay off, "Bid Drivers" wili be called in prior to Street Services Workers when there is a need for driving jobs. 4. Assignment to a shift eligible for shifr differential premium pay shall be made based en ctass seniority. Senior employees in the affected class shall not be required to accepi such assignment if there are employees in such class with less class seniority. 5. Regular assignments to the night shift or weekend shift shall be bid seasonaily by seniority. Winter season bids shall be made betw�n October I Sth and November I Stlt each year. Summer season bids shall be made after the full spring call back.The hours of each shift shall be defined on the bid sheet. Employees assigned a shift by seniority shall remain on that shift for the duration of the season, unless the shift is discontinued or mutually agreed to by the employee and the Departrnent. Tfie complaint assignments shatl be exempt from these provisions and shall be at the discretion of the employer. - Dl - Appendix D (Continued} A. Department of Public Works (Conrinued) 6. Temporary vacancies on a shift shall be made by upgrading the senior eligible employee on the � shift, who holds the dtle for the assignment Should additional assignments become necessary, they shall be made by classifrcation seniority &om a temporary vacancy list. Aa employee may add or remove kus/her name &om tlus vacancy list at aay time. If a temporary vacancy cannot be fitled from the vacancy list, the position will be fxlled from the master seniority list. B. Division of Parks and Recreation i. Class seniority in the Grouadsworker and *Driver-Operator titles shall take precedence over ihe Parks Worker title in filling Cnovndsworker and •Driver-Operator positions respectively. In the event of a tayoff in tke tifle of Gmundsworker or in the title of Pazks Worker, for empioyees who aze certified to the tiUe of Grovndsworker and who are then certified to the new title of Pazks Worker, their seniority in the tide of Cxroundsworker shalI grevaiI. • 2. Class seniarity in the Tree Trimmer II and Power Clam Operator titles shall take precedence over Tree Worker tide for assignment to Tree Trimmer II or Power CIam Operator dufies respectively. In the event of a layoff in the title of Tree Trimmer II or ia the title of Tree Worker, empioyees who are certified to the tide of Tree Trimmer II and who aze then certified Yo the new titie of Tree Worker, their seniority in the title of Tree Trimmer II shall prevail. 3. Assignment to a shift eligible for shifr differential prettrium pay shalI be made based on cIass seniority. Senior employees in the affected class shall aot be requ"ued to accept such assignment � if there aze emp2oyees in such ciass with less senionty. 4. a. The Pazks Division agrees to request a#Driver-Qperator from the City-wide *Driver- Operator seniority lisk to fili behind a"Driver-Operator absent from Iris/her position in the Pazks Division in cases where the City has reason to beIieve that the absence wili be for five (5) working days or longer. b. Both parties agree that the Employer is not required to follow the procedure in Item A above when the vacant position requires ihe handliag of the "Snowmobile" or other pieces of equipment that requires special training and/or experience. c. The Union and Employer agree that in the event of a sepazation of employ�nent of tfie cunent •Driver-Operators in the Parks Division, the decisioa to refiIl those affected positions and the decision of the appropriate class with which to refill the affected posirion subsequent to the separation of employment shalI be made solely by the Empioyer. - D2- Appendix D (Conrinued) � B. Division of Parks and Recreation (Continued) � 5) Assignment to the N.S.P. CREW wili be based on following: o�- a. Vacancies in the Forestry NSP Crew will be filled by certified line ciearance tree trimmers who have satisfactory or higher performance ratings for at least the preceding year aad have no medical restrictions that limit tiie employee's ability to perform the essential fvnctions of the work required of the NSP crew. A positive druglalcohol test will disqualify a crew member for a period of one year from date of test. b. A list of Tree Workers interested in working on the NSP crew, who meet the m;n;mum qualifications, will be solicited annually. The senior tree worker(s) on the sign-up list will be assigned to the NSP crew. If the selected Tree Worker turns down an opening, histher name will be moved to the bottom of the list for future openings for the annual sign up period. c. NSP crew members wiil remain on the crew until they notify the supervisor they want a change, no longer meet the minimum qualifications; or aze replaced by a more senior tree worker under the annual sign up procedure. C. Water Utility The following procedures will be used to determine the selection of personnel for overtime work , assigntnents. The selection of personnel wili vary somewhat due to varying circumstances. This policy shali apply to al] bazgauung unit tifles. JOB ASSIGNMENTS: i. Job assigrunents for members of the Tri-Council at the Distriburion Division of the Water Utility will be made using the following criteria: a. Short term (less than the full winter or summer cycle) assignments will be made at managements' discrerion. b. Futl term (the emire normai winter or summer cycle} assignments will be made on the basis in a given title when openings occur on a particulat crew. If there wi21 be an opening for a full cycle on a crew, management will ask those emgloyees working the same title as that opening if they aze interested in the gosition. This will be recorded, and the most senior employee working in that title interested in the job will be given the position, provided the employee is qualified. Should management have valid reasons not to agpoint this candidate to the position, those reasons shall be given to the candidate in writing. If no one is interested in a position, the assignment will be made to the least senior Employee regvlarly working that title. - D3- Appendix D (Condnued) JQB ASSIGNMENTS (Continued) c. Definitions for this section: i. Seniority used shail be Ciass Seniority per i I.1B. 2. "Normal" working cycles for the Utility are Iate November to late March (winter ) and late March to late November (summer). 3. An "Opening" is defined as a vacancy on a crew expected to last at least one entire cycle. d. If a short term assignment is made and the time arrives to make assignments for the next cycIe, management will review the assignmeat to determine whether it will be considered an"opening" or not. If it is considered an opening, Section B shall be foilowed. C� � � APPENDIX E The following are general policies regazding the assignment of overtime. • A. Departsnent of Public Works i. Sewer Maintenance Division Gb-73� It is the policy of the Sewer Maintenance Division to assiga overtime in a way wbich is both fair to all employees and efficient for the administration of this division. In order to implement this policy the foliowing guidelines will be used by the supervisor in charge of setting up crews to work overtime. a An OVERTIl!'iE AND CALL OLIT SCHEDLTLE will be maintained. Names wili be listed in order of seniority. This list will be updated periodically. When peopie aze called from this list, they wiil be called by tifle in order of seniority with the following exceptions: 1. A person who is on sick leave will not be called unless no one eise is available. 2. A person who is on vacaHon will not be called unless all people on the list who worked that day are unavailable for overtime. In the case of overtime during the weekend, those peopie who worked on Friday will be called fust. � 3. Peogle paid under a certain title during the workday will be called out for overtime under that title. If enough laborers or service workers cannot be found or if a jet operator is needed, then people who worked a diffetent title that day may be called. 4. If a supervisor gets a call during the workday on a job that may go into overtime, he/she wiil assign the crew that is most available at that time to do the job. 5. If a crew is on the job and that job has to go ittto overtime, that crew wiIl work the overtime. If this happens on a Friday and it will be necessary to work during the weekend, that same crew wili be called first. 'Ihe only exception will be for steaniing during the weekend, in which case crews will be set up by seniority. � c. 6. All persons on light duty will be moved to the bottom of the Overtime and Call Out Schedule. it will be up to the supervisor who checks out the complaint to determine what equipment is needed and to call out a crew to complete the job. Nothing in this policy wi11 prevent a supervisor from deviating from this policy when, in hislher judgment, an emergency exists or it is in the best interest of the division to do so. - El - Appendia E (Continued) 2. Street Maintenance Division a. Week-end and Holiday overtime will be assigned by seniority, from a posted sign-up list. This � grocedure wil2 be used oniy when all H.E.O., *Driver/Operators, "Bid Drivers" assignees and Street Service Workers have been assigned to work 40 hours. The assigned crew that statts a job shal! continue on the job, when overtime is aequired to finish the job. If the job requires the week-end to finish, the origina! assigned crew wi2I be assigned to finish the job. b. *Driver Operators, Heavy Equigment Operators, Street Service Workers or "Bid Driver" assignees temporariIy assigned for more than one week to other divisions (including for this purpose, the asphatt pIant) or to other deparnnents, shall be moved to the bottom of the Sueet Maintenance Division seniority list for purposes of overtime for the durafion of the assignment. c. The Dispatcher will take up to two (2} phone numbers for each empioyee to be put on the seniority list. When work is available the Dispatcher wilI start cailing from the top of the senioriry list. The catls will be made with ao waiting between calis and first to answer will get the work. When a message is left, avaiiable work will go to the fust to respond. d. If an employee is off a day for vacation, floating holiday, or comp time, he(she wili be eligible to be called for overtime work that starts after the conclnsion of the regulaz work day. If an empioyee is off a day for sick leave, he/she will not be calIed for overtime work unril the following day. If an employee is off sick on the last day of the regular work week, he/she may be catied for overtime work, on his/her two regulaz days off, if he(she fias called in to return to work. If that employee, is then off sick on the first day of his/her work week he/she wiil need a� doctor's certificate w be paid for that day. B. Division of Parks and Recreation I. Parks Maintenance Section Overtime assignment within the Parks Department will be made within crews by classification seniorify to employees qualified to do tiie work. Disputes arising from these assignments may be appea2ed up to and including Step (3) of the grievance procedure of this Agreement. a. When overtime is required and a crew does not Itave enough employees to cover the event, the supervisor wilt fill the crew first using crew seniority invoIving employees under lus/her budget authoriry and then will have the option to cboose the crew he/she deems most appropriate. b. For the purpose of ttus section aa employee assigaed to a building or faciliTy aione will be deemed a crew of one. - E2 - Appendix E (Continued) 2. Forestry Section o�-� �y , A sign up ]ist wiil be circuIated prior to each weekend during the storm season. employees that will be available for emergency cali out work during tfiat weekend will so indicate on the sign up sheet. Attempts wiil be made to call out employees in the order of theu seniority, however, conditions may prevail that prevent this in order to provide for a response to an emergency situation. If a crew is on storm damage clean up during normal working hours, that crew may continue after ihe eight hour work day has ceased until the Supervisor dismisses the crew. C. Water Utitity The following procedures will be used to determine the selection of personnel for overtime work assignments. The selecGon of personnel wiil vary somewhat due to varying circumstances. 11us policy shali apply to all bazgaining unit titles. DEFINITIONS: Standazd Overtime List: Weekly on-call overtime list Stand-by Overtime List: List used if the Employer can not get anyone from the standazd list to report. . OVERTIME LIST ELIGIBILITY: There shall be a standazd overtime list and a stand-by overtime list with the night shift and day shifts having sepatate standard overtime lists. 2. A person holding more than one title shall use his/her normal working titie for the standard overtime list and any other tities on the stand-by overtime lists. 3. A person not volunteezing for the standard overtime list with his/her normal working tifle, may be on the stand-by list. If a person is off a day for vacation, floating holiday or compensatory time, helshe wi11, be eligible to be called for overtime work that stazts after the conclusion of their regulaz work day. If an employee is off a day for sick leave, he/she will not be called for overtime work until the following day. If an employee is off sick on the last day of the regulaz work week, helshe may be called for overtime work on hishier two regulaz days off if he(she has called in to return to work. If that employee, is then off sick on the first day of hisJher work week, he/she will need a doctor's certificate to be paid for that day. 5. Personnel assigned to the night shift wili not be on the standard overtime list for days but may be on the stand-by overtime list. -E3- Appendia E (Cantinued) OVERTTME LIST ELIGIBILITI' (Continued) b. An overtime assignment catl-out sheet shall be used for both day and shift avertime call ouu to � verify proper use of the procedures. Anyone intentionatly misusing the overtime palicy shall be subjecYto discigline. OVERTIME LIST SELECTION PROCEDURES — DAY CREWS A person does not have to be on the voluntary standard overtime list, however, if a person is on the list they wiil be required to work when called. Catiing out for overtime shall be done in a cautious and courteous manner. When calling on the phone, the caller should identify themselves and state the reason why the cali is being made. Overtime is important to all and should be treated as such. The foreman should be cailed first as he has to obtain utilities. If there is any question as to the need to work on, overtiaie the circumstactces should be discussed with the foreman before the decision is made to call a crew. An adclitiona130 minutes to catI the resE of the crew should be no problem. Only the Foreman, or Control Desk Worker may actualIy do the calling — it should not be deIegated any further. The form shalt be completely and accurately fiIled in and signed by the caller. Two attempts to a maximum of two (2) numbers, shaI2 be made to calI eacfi person to assure that wrong numbers, busy signals and no answers are double-checked. It is suggested that others be cailed while giving 10 minutes between first and second attempts. A quick response is expected to the overtime offer, so that a crew can be constructed and work will not be � delayed. During the normat work day, it is understood that in some cases, up to an hour may be necessary to contact, family, etc., before the decision to work can be made. However, after 2:00 PM, it is necessary to get an answer within 15 minutes so as not to delay the job as people aze Teavutg for the day . The foreman will, to the eactent feasible, allow employees the opportunity to make a quick pkone call if necessary. The standard overtime list wiy be used for calling out people for overYime. If the person who is up that week cannot work, the other people shaI! be called by rotating through the sfandazd overtime list and if no one is available then the stand-by overtime Iist wiii be used, except if calling for a WC7WII or VJUWI —then the night overtime list will be used, then the day stand-by Iist. Temps will be used as a last resork 2. Ru1es for Standby Overtime: Water System Worker II. After exhavsting the WSW II overtime list, proceed in the followiug sequence: a. Go to the WSW I Standard Overtixne List. b. Go to the Rotating WSW II/A'SW I Standby Overtime List. Water System Worker I. After exhausting the WSW I overtime Iist, proceed in the foilowing sequence: a Go to the WSW II Standazd Overtime List. b. Go to the RoYating WSW II/WSW I Standby Overtime. -TA- Appendix E {Continued) OVERTIME LIST SELECTION PRQCEDURES -- DAY CREWS (Cantinued) c�s-�3 `f ! 3. Personnel will be selected from the overtime lisk for emergency jobs that come in after normai working hoius (main breaks, etc.) or for planned overtime }obs where no crew has previously worked on the project during normal working hours. 4. If a crew cannot comglete a job in normal working hours and the decision is made to continue the }ob into overtime, all crew members are exgected to work the overtime. If grior commitments prolubit crew members from working the overtime, they may be replaced; according to #1 above however, they are to stay on the job until their replacement azrives so as not to delay jab completion. If the,yob will go beyond 2 hours of overtime, any HEO's not on the standazd overtime list shall be replaced at 4:00 p.m. If the job, including the street repair crew, will go beyond 4:00 p.m., ihe Truck Driver (if it is not his week) shall be replaced. Those not holding the proper superc�isor title shall be replaced if possible, the Dispatcher shall switch drivers on jobs between 2:00 p.m. and 4:00 p.m. to allow the driver who is up to be on the overtime job. If this is not possib3e, the replacement driver shali begin at 4:00 p.m. with a different truck. The daytime driver shall be released when the truck is empty (i.e. if the truck is being filled the driver shali be released after emptying at the landfill and if hauling fill to the job the driver shall be released when the fill has been dumped.) If more than one ttuck is naeded for overtime, the overtime list shall be followed as per the above procedures. Other replacement workers will be permitted only in emergencies. If there aze multiple overtime jobs on a normal working day, the truck driver who is on his/her � scheduled overtune week shall be switched to the job anticipated to last the longest. This shal] be done when the job helshe is presently working has been completed, or at some gractical paint. 5. If a crew is working on a project and the decision is made that work will have to be scheduled during overtime hours (due to shutoff compiications, etc.) the crew that is on the job at that time will also work the overtime, except for the Truck Drivers, HEO's and any employee working out-of-title. They will be called off the standard overtime list. If any other members of the crew cannot work the overtime, the vacancy will be filled &om the overtime list. 6. If a job comes in after 2:00 and will result in overtime, it shall be at the discretion of the Superintendent or Assistant Superintendent if #�3 or #4 wili apply. Anyone working overtime through the aight will not be al(owed to work overtime the following night. 8. Temporary workers may not work more than one hour af unscheduled overtime unless no one else is available after following the overtime selection procedures defined in section 1 and 2. If a temposary worker is on a job and needs to be replaced because the job is going to last more than an hour, replacement workers will be called out according to sections 1&2. -ES- Apgendix E (Continued} OVERTIME LIST SELECTION PROCEDURES - NIGHT CREWS Night crews sha11 schedule vacarion so only one employee is off at a fime. If a person is missing on tbe evening � shift and a lazge amount of work is cazried forward from the day siuft into the evenin$, a day shift LTWII may be kept to help cleaz up the backlog or a repiacement called in at management's option (generaily, this witl depend on wfiether or not there aze more tban 2 hours of work}. The single swing shift UWII may or may not be replaced dependiag on worktoad. Again, when and how this replacement is made will be at the option of management as above. If two crew members aze missing from a shift, one repiacement shati be called as following from the night shift overtime Iist: 1} If the CDW and the UWII/CDW are off the CDW is called. 2} If the CDW and UWII are off, the iTWIUCDW works the desk aad a IJWII is cailed. 3) If the UWIUCDW and the IJVJII aze off, a UWII is called. During the period from November 15th to Mazch I Sth, it may be necessary to repiace both emptoyees (all three if all are of� depending on workload on the late and weekend shifts. It is management's intention io maintain a three person crew during this period. This ttuee person crew includes the evening shift Mondaq through Friday IJVJI, and Iate shift UWI if so used. If no one can be found to come ia from the standazd night overtime list, a rep2acement shall be sought from the day standard overtime list, before going to the night sfandby list. � The night crew overtime iist shall rotate as used. DISTRIBUTION DIVISION OVEI2TIME POLICY: The following procedures wiil be used to determine the selection of personnel for overtime work assignments. The selection of personnel wiIl vary somewhat due to circumstances. This policy shall apply to aIl tiUes. New Iists wiIl be established in, March, July, and November of each year in order by seniority and rotated by four months. OVEIiTIME POLICY FQTt THE THAWING RIGS: En the event it is necessary to work overtime to ttiaw frozen sen+ices, the following policy will apply: 1} Generaily, the crew will include one FIeavy Equipment Operator (FiEO), and one Utility Worker II(UWII) and may include one Utility Worker I(UWI). 2} If it is necessary to continae working the rig aftet working a regulaz work day, the crew will be catIed offthe thawing overtime list. 3) For the case of starting a crew during overtime hours, the entire crew will be called off the list. 4? For either case, the usaal rules about maximuai number of hours worked consecutively will apply. - E6 - Appendia E (Continued) OVERTIME POLICY FOR THE THAWING RIGS (Continued) rx� y � 5) The "list" will consist of all those day empioyees holding the above titles who aze interested in working. This list will be developed each November and will be listed in order of seniority in that titie. The list will "rotate", i.e., an employee's name will be moved to the bottom of the list after working or being given an oppommity to work. If no IJWII from days is able to work, a UWII will be called offthe night list. - OVERTIME POLICY FOR WATER DEPARTMENT S130W PLOWING: A list of those HEO's interested in plowing snow on overtime will be developed in order of seniority by November of each year. The list will rotate; each HEO will be moved to the bottom of the list after working or being given an opportunity to work. VADNAIS STATIONBIGHLAND OVERTIME PQLICY: Water Utility Worker I1Cnounds worker The following procedures shall be used to determine the selection of personnel for overtime work assignments. (1) All overtune will be approved by the Watershed Supervisor II. (2) The Watershed Supervisor II will catl personnel for overtime. � (3) Personne] will be called in for overtime based on sQniority defined as combined continuous experience as a Water Utility Worker I or Crrounds worker at VadnaistHighland. T'here are exceptionslclarifications to this rule as outlined below: a. Many of the duties of the Water Utility Worker I's and Csroundsworkers aze similaz. The Grounds worker wili not be calied in when the overtime task involves duties exclusive to the Water Utiliry Worker I title such as reservoir cleaning, conduit work and sludge field gipe work. b. Monday through 1'hursday: If an empfoyee takes time off on a Friday or the day before a holiday and they make it known to the Watershed Supervisor II that they are available for avertime, they wili be eligible for overtime. c. Friday or the day before a holiday: If an employee takes time off on a Friday or the day before a holiday and they make ii laiown to the Watershed Supervisor II that they aze available for overtime, they wili be eligibSe for overtime. d. When a crew is on a job that goes into overtime, that ctew will continue the job until it is suspended forthe day. NOTE: Management reserves the right to operate differentiy from the above Water Utility policies when it is deemed necessary. Every effort will be made to follow the above policies. -E7- MEMORANDUM OF UNDERSTAI�TDING BETWEEN THE CITY OF SAIh'T PAUL AriD Tf� TRI-COTfiCIL LOCAL 120 - LOCAL 49 - LOCAL 132 Selection for Training in the Streets Division C� � The Cit�� of Saint Paul and The Tri-Councii Local 120, Local 49 and Local 132 agree to the following: . r.x� �3Y The Ciry and Tri-Council recogni2e that each parry has specific concems reguding the selection os denial of an employee for a t�aining opportunity. Therefore, the City and Tri-Council agree that upon the receipt of a written request from an employee ��ho feels he!she was denied a uaining opportunity, the Street Division wili provide a wririen explanation of the reasons that went into the selection for the training. This Memorandum of Understanding shall not be used in any way as a binding precedent on either of the patties. �'I�ESSES: FOR THE CIT2' Man Ceame�� pitector of Labor Relations DATE: � d �a THE TRI-COUI�CIL LOCAL 120 - LOCAL 4- LOCAL 132 � .I.�„ Bnd Slawson Business Re ocal 12o DA'TE: p - f- l p �'\ \��•� � � ,� Gereld Dievich Business Manager, Local 132 DATE: �—S'—�8 Business Representative, Locai 132 DATE: � ^ GwC L� Dave Erickson Business Rcpresentative, Loca149 nAr�: b/�/98 ..��� Business Managez, Local 49 DnTE:��3/`l8' __ c�a- � MEMORANDUM OF UNDERSTANAING BETWEEN THE CTTY OF SAINT PAUL A1�TU THE TRI-COUNCIL LOCAL 49, LOCAL 120, LOCAL 132 Sick Leave Policy • The City of Saint Paul (City) and the Tri-Council Local 49, Local 120, Loca1132 (Union) agree to the following: The City and Union recognize the City's right to promulgate Sick Leave policies based on Civii Service Rule Section #20. However, in the interest of Labor-Management cooperation, the parties agree that prior to implementing any new sick leave policies which affect members of the Union, a meet and confer meeting with the Union will be held in order to discuss any new sick leave policy. The Union will be allowed a representative from each affected department to attend any meet and confer meeting as well as business agents for the Locals. This Memorandum of Understanding shall not be used in any way as a binding precedent on either of the parties. This Memorandum of Understanding shall e�cpire on December 31, 2002. FOR THE CITY: 1�� � ! �- Terry tiner Labor Relations Manager FOR THE UNION: `�./�e �� Dave Erickson Loca149 DATE: � ,� o G.VSfiars�LACOMMOMCONfRAC11TItICNCL�20 WNCkimvemw wpd DATE: 7 �Z7�D0 Li�Cl�an/ Tom Ohlson Locai 120 DaTE: 8 - �/-�o /� ���-.., Tom Besaw Local 132 DATE: "� ��6 i mr-7 �Y � ASSIGNMENT GUIDELINES FOR RAKER PREMIUM PAY JIJLY 11. 2000 Senior empioyees shall be awazded preference for Raker duty assignments. 2. Duty assignment shall be limited to those personnel assigned to an office. Assignments will not require transfer between offices or crews. 3. Should duty assignments change during the work day, once crews are assigned, assignments may be made to staff on a crew (i.e. sick leave or other absences from crew, or change in work performed by crew). 4. Management maintains the right to make assignments which vary from these Assignment Guidelines. Examples of such variances may include: a) most senior employee can't do the job, b) manager training a junior employee, c) most senior employee not nnmediately auailable. 5. Disputes regarding the application of these guidelines may be addressed in writing to the Office of Labor Relarions. Labor Relations will investigate and respond in writing to the Union. � Gouncil File # O— 7 y RESOLUTION CiTY OF SAINT PAUL, MINNESOTA OR1GINl�L Green Sheet # 10356 � Ptesented by Refened To Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 May i, 2000 through December 31, 2002 Collective Bazgaining Agreement the City of Saint Paul and the Tri-Council, Laborers Local 120, Loca149 and Local 132. Requested by Department of. Office of J_aboz Relarions By: Form Appra d by C' omey ' B a������ � f � j�C Approved b� ayor for Submission to Council By: e `-�'. By: App� � AdoptedbyCouncil: Date �,„„ �3 �c�op —� � Adoption Certified by Council Secretary � _DEPAR7'MENT/OFFICE/COUNCIL: DATE INiTTATED GREEN SHEET N0 .:10356 O� ���` LABOR RELATIONS July 27, 2000 CONTACT PERSON & PHONE: � INiTUI,mAi'E liviTIAINAI'E - JLTLIE KRAUS 266-6513 a�slcN ��r,�Tn�N �� _ a csrr couricn. � Nphiggg 2 Cl'CY ATTORNEY CTTY CLERK MUSI BE ON COUNCIL AGENDA BY (DATE) FOR BTIMiE7 DIR. FIN. & MGT. SERVICE DIR. ROUTIIVG 3 MAYOR (OR ASST.) �'� � ORDER l� TOTAL tt OF SIGNAtURE PAGES_1 (CLIP AT.L LOCAT[ONS FOR SIGNAT[IRE) ACTION REQIJESiED: This resolution approves the attached May 1, 2000 through December 31, 2002 Collective Bargaining Agreement betcveen ttie City of Saint Paui and the Tri-Council Local 120, Loca149 and Local 132. RECOMIvfENDA7'IONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACI'S MI7ST AIVSWER THE FOLLOWING QUESTIONS: _PLANNING COMMISSION _CIVIL SERVICE COMIvIISSION 1. Has this person/fum ever worked under a contrac[ for this depaztrnent? _CIB WD�IIvtITT'EE Yes No _STAFF 2. Has this persoNfirtn ever been a city employce? DISTRICT COUAT Yu No SUPPORTS WFIICH COIINCIL OBlEC1'f VE? 3. Does this petson/firm possess a skill not nortnalty possessed by any cmrent ciry employee? Yes No Explain aIl yes answers on separate shcet and ahac6 to green sheet . INITIATI!SG PROBLEM, ISSUE, OPPORTUNITY (Who, What� When, Where, Why): The agreement with Tri-Council had e�cpired. The City is required to negotiate with the Bargaining Unit. ADVANTAGESIFAPPROVED: ' An Agreement reach through good faith collecfive bazgaining will be in place through Deeember 31, 2002. � DISADVpNTAGES IF APPROVED. ��` ��� None ��� Q � ��� DISADVANTAGES IF NOT APPROVED The City would be required to reopen negotiations with the Bazgaining Unit. This would strain the relationship with the Bazgaining Unit. TOTALAMOUNI'OFT'RANSACTION: COSTfREVENUEBUDGETED: FUNDING SOURCE: ACTIVITYNUMBER: FAVANCIAL IlVFORMATION: (EXPLAIl� a 0 0 -�t3�i ATTACFIMENT TO THE GREEN SHEET COLLECTIVE BARGAINING AGREEMENT WITH THE TRI-COUNCII. Below is a suminary of the changes in the Collective Bazgaiuiug Agreement between the City of Saint Paul and the Tri-Council (Loca149, Loca1120, Local 132). Duration: May l, 2000 through December 31, 2002. This is a two year, eight month agreement which moves the Tri-Council onto a calendar year cycle like most other bargaining units. This change was negotiated to allow easier admuustration of the agreement in future years. This is the first collective bargaining agreement that covers the year 2002. Wa�es: July 1, 2000: 2.5°lo increase July 1, 2001: 2.75°lo increase 7an, 1,2002: 3%increase In addition to the above, the titles of WS WII, Water-Control Desk, and Crew Leader received an additional $0.251hour increase. Insurance• Contributions for 200� remain in place: $211.62 for single, $391.67 far family. 2001 Single_ $211.62 plus an increase up to $40.00. If the single increase is mare than $40.00, the City will pay 50% of the excess over $40.00. Family: $391.67 plus the increase in single inst�rance up to $40.00. If the increase is more than $40.00, the City will pay 50% of the excess over $40.00. 2002 Single: The 2001 single contribution pius an increase up to $40.00. If the single increase is more than $40.00, the City will pay 50% of the excess over $40.00. Family: The 2001 family conh plus 60% of the family premium increase for 2002 up to $60.00. If the increase exceeds $100 the City will pay 40% of the excess increase. The 2001 and 2002 contributions will be effective on January 1�` of each year since the Tri- Council is now on a calendar year. The 2001 contribution increase follows the same pattern as previously negofiated agreements with other bazgaining units. dQ ��3�r Deferred Comnensation: Contributions for employees with ten yeazs of service were increased from $200(year to $4001yeaz. Contributions for employees with twenty yeazs of service were increased from $400lyeaz to $6001year. Significant language changes were agreed to which will allow easier aduiinistration but not change eligibility requirements. Uniforms- Uniform allowances for emplayees in the Water Department who are required to weaz a specified uniform were increased from $125/yeaz to $175/year in exchange for the revision of Overtime/Staffmg language which will allow more operational flexibility. Safety Shoes: Reimbursement of safety shoe expenses was increased from $SO.00lyear to $75.00 with a maximum cartyover of $150.00. Employees who wear Kevlaz safety boots will receive an addirional $25.00lyeaz and will be allowed to cany over a m�imum of $200.00. Premium Pav: Premium Pay for three duties was changed from a fixed dollaz amount to a percentage. Raker: 3% Tac Man: 6% Oiler: b°!o Leave of Absence: Employees who take a LOA to work as a full-fime union official will be allowed to accrue up to three years of time toward meeting Retiree Insurance and Deferred Compensation guidelines. An employee who serves more than three yeazs working far the union will have an option to purchase Retiree Insurance coverage for $300.00lmonth and have it applied toward the Retiree Insurance guidelines. Flexible Spending Account: Employees wili no longer be charged for participating in this program. LanguaEe Changes: Eligibility for retroactivity was clarified as only being available for those employees employed by the City at the time of signing the contract (Temporary employees excepted). Other changes to the language aze basically of a housekeeping nature for clarification and ciean up. -� . oo _�3y ,� `. MAY 1, 2000 - DECEMBER 31, 2002 COLLECTIVE BARGAINING AGREEMENT � � . _ � " � � BETWEEN � � � . � � - • - THE CITY OF SAINT PAUL _: � r . �_ � _ - - _A1VD � � � - � _ . � T�E. �'I�I-COUNCIL - - ' LOCAL 120 LfOCAL 49 = AND LQCAL:132 _ _, INDEX c�-73Y .ARTICLE TITLE PAGE Principies..............................................................1 1 Recognition ............................................................2 2 Maintenance of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Union Rights ...........................................................3 4 Payroll Deduction .......................................................3 5 Management Rights ......................................................3 6 Safety ..•••••••-•• .....................................................4 7 Discipline Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Hours, Overtime, Snowpiowing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Insurance ..............................................................? 10 Employee Rights-Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 I1Seniority ..............................................................14 12 Vacation ..............................................................16 13 Holidays ..............................................................1'I 14 Jury Duty .............................................................18 15 Severance Pay .........................................................IS • 16 Wages ................................................................21 17 Savings Clause .........................................................21 18 Jurisdiction ............................................................21 14 Sick Leave ............................................................21 20 PazentaiLeave .........................................................22 21 LegalServices .........................................................23 22 Stdkes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 23 Deferred Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 24 Termsof Agreement ....................................................24 Appendix A Wage Schedules, Premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Al Appendix B Temporary Employees Wage Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BI Appendix C Driver Operator Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cl Appendix D General Policies Regarding Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D1 Appendix E General Policies Regazding Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . El IJ i ou-73y PRINCIPLES Tkus Agreement is entered into to facilitate the adjustment of grievances and disputes between the � Empioyer and Employees to provide, insofar as possible, for the continuous employmeni of labor and to establish necessary procedures for the anucable adjusiment of all disputes wluch may arise between the Employer and the Union. The Employer and the Union encourage the highest possible degree of practical, friendly, cooperarive relationships between the'�r respective representatives at all levels. The officials of the Employer and the Union realize that this goal depends primarily on cooperative attitudes between people in their respective organizations and at all levels of responsibility, and that proper attitudes must be based on full understanding of and regard for the respective rights and responsibilities of both the Empioyer and the Employees. Theze shall be no discrimination against any employee by reason of creed, sex, disabiliry, or Union membership. The Employer and the Union af£rm their joint opposition ta any discruninatory practices in connaction � with employment, promotion, or training, remembering that the public interest remains in fuli urilizatian of employees skill and ability without regazd to consideration of national origin, age, sex or disability. , -1- � a� 73y ARTICLE 1 - RECOGNITION i.l The Employer recognizes the Union as the sole and exclusive collective bargaining agency for all � empioyees that have been certified by the State of Minnesota, Case No. 73-PR-427-A, as follows: All employees of the City of Saint Paul in the classifications of AsQhalt Plant Operator, Bridge Crew Leader, Bridge Maintenance Worker, "Dtiver-Operator, Driver-Operator--Water Utility, Forestry Crew Leader, Cmrden Laborer, Gardener, Golf Ranger, Cnounds Crew Leader, *Groundsworker, *Cstoundsworker—Water Utility, Heavy Equipment Qperator, Heavy Equipment Operator—Asphalt Plant, Heavy Equipment Operator--Water Utility, Jet Sewer Cleaner Operator, Labor Crew Leader, Lead Gardener, Modified Duty Worker—Laborer, Park Aide, Parks Worker, Revolving Power Equipment Operator, Sewer Crew I,eader, •Sewer Maintenance Laborer, Sewer Services Workez, Stores Laborer, Street Services Worker, *Trnctor Operator I, Tree Worker, •ITnskilled Laborer, Water Service Worker--Control Desk, Water System VJorker I, Water System Worker II, Water Ulility Worker I, and Water Utility Worker II who work more than 14 hours per week and more than 100 work days per year, excluding Supervisory, Confidential, temporary, emergency, and empioyees exclusively represented by other labor or employee organizations. The parties agree that any new classifications which are an expansion of the above bazgaining unit or which derive from the ciassifications set forth in this Agreement shall be recognized as a part of this bazgaining unit, and the parties shall take all steps required under the Public Employment Relations Act to accompiish said objective. •I .2 The Employer agrees not to enter into any conuactually binding agreements with any employee or representative not authorized to act on behalf of the Union. There shall be no individual agreements with any empioyees that conflict with the terms of this Agreement, and any such agreement or conuact shall be null and void. 1.3 The Employer agrees ta give the Union the right to supply fifly percent (50%) of ail new qualified refenals for work as temporary employees. ARTICLE 2- MAINTENANCE Ok' STANDARDS 2.1 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations and all other general working conditions shall be maiatained at not Iess than the ivghest minimum standazd as set forth in ihe Civil Service Rules of the City of Saint Paul and the Saint Paul Salary Pian and Rates of Compensation at the time of the signing of ttus Agreement, and the conditions of employment shalI be improved wherever specific provisions for improvement aze made elsewhere in this Agreement. I� -2- ARTICLE 3 - UNION RIGHTS 3.1 The Union may designate employees from within the bazgaining uait to act as Stewards and shall inform the Employer in writing of such designations. Such employees shali have the rights and responsibilities � as designated in Article 1 �(GRIEVANCE PROCEDUREj. There shall be no more thaa one Stewazd from each local involved in any one speci&c grievance. 3.2 There shatl be no deduction of pay from 3tewazds when directly involved in meetings with management during working hours for grievance procedures. 3.3 Designated Union Representatives shall be permitted to visit empIoyees on job sites and at department buildings during working time. ARTICLE 4 - PAYROLL DEDUCTION 4.1 The Employer shatl, upon requesc of any empioyee in fhe unit, deduct sucfi sum as the Union may specify for the purpose of initiation fees and dues to the Union, providing the Union uses its best efforts to assess such deductions in as nearly uniform and standard amounts as is possble. The Employer shall remit monthiy such deduction to the appropriate designated Union. 4.2 Tn accordance with M.S.A. 179.65, Subd. 2, the Employer agrees that upon notificatioa by the Uniott, the Employer shalt deduct a fair share fee from all certified employees who aze not members af the exctusive representative. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations andi adminisiration of grievance procedures. 4.3 The Union authorizes deduction of forty dollazs ($40.00) bi-weekIy, from employees who are members of Laborer's Loca] #132 who already have pension credits in the Union's Pension Fund and choose to participate in the iJnion's Pension Fund. 'I'he Employer wiII forward this to the Union's Pension Fund. The Union is to provide the Employer a list of eligible members. 4.4 The Union will indemnify, defend and hold the Employer haanless against any claims made and against any suits instituted against the Employer, its officers or employees, by reasoa of negtigence of the Union in requesting or receiving deductians under ttus Article. 'Fhe Empioyer will indemnify, defend and hold the Union hannless against any clauns made and against any suits instituted against the Union, iu officers or empIoyees by reason of negligence on the part of the Employer in making or forwazding deductions under this ArticIe. ARTICLE 5 • MANAGEMENT RIGHTS 5.1 The Union recognizes the right of the Employer to operate and manage its affairs ia all respects in accordance with applicable laws and regulations of appmpriate authorities. The rights and authority wIuch the F.mployer has not officially abridged, delegated, or modified by this Agreement are retained by the Employer. - -3- v ' ARTICLE 5- MANAGEMENT RIGHTS (Continued} ��� - 5.2 A pubiic Employer is not required to meet and negotiate on tnatters of inherent manageriai policy, which include but aze not limited to, such azeas of discretion of policy as the functions and programs of the � Employer, its overall budget, utilization of technology, and organizational structure and selecfion and d'uection and number of personnel. ARTICLE 6 - SAFETY 6.1 Accident and injury &ee operations shatl be the goai of all Employers and employees. To this end the Employer and employee will, to the best of their ability, abide by and live up to the requirements of the several State and Federal Construction 5afety Codes aad Regutations. 6.2 To this end the Employer shall from time to rime issue rules or notices to his employees regazding on the job safety requ'uements. Any empioyee violating such rules or notices shall be subject to discipIinary action. No employee may be discharged for refusing to work under unsafe conditions. 63 Such safety equipment as required by govemmental regulation, shall be provided without cost to the employee. At the Employer s option, the employees may be required to sign for safety equipment and shall be obligated to retum same upon discharge, layoff, quit or other temunation in compatable condition as when issued, providing reasonabfe weat and teaz. The Employer shall have the right to withhold the cost of such safety equipment if not returned. 6.4 The Employer ag�ees to pay $?5.00 per calendar year towazd the purchase of one pair of safety shoes by • an employee who is a member of this unit. The Employer shall contribute toward the purchase of one pair of shoes per calendar year and shall not be responsible far any additional cost for that year. Employees may cazry over, up to a totai of $150.00 for the purchase of shoes. Reimbursement shall be made oniy afrer investigation and approval by the immediate supervisor of the employee. This oontribution shall appiy only to employees who aze required by the Employer to wear protecrive shoes or boots. In addition to the regulaz safety shce reimbursement, employees who weat Kevlaz boots as part of their regulaz job duties will receive an additional $25.00 per calendar year for the purchase of Keviar safety boots. Such employees will be allowed to cany over, up to a total of $200.00 for the purchase of Kevlar safety boots. `I'be Employer will determine who is eligible for this additional reimbursement. 6.5 The City shall furtush unifotms at no cost to the employees who work ia the Sewer Division of the Public Works Department. b.b T'he Water Utility will provide at it's expense an initial uniform to employees required to weaz a uniform. Effective January 1, 2000 the Water Utility will reimburse these employees ug to $175.OQ annually per calendar yeaz beginning the year after the employee's initial issue. Employees must present receipts to be reimbursed. -4- ARTICLE 7 - DISCIPLINE PROCEDURES 7.1 The Employer will discipline employees for just cause only. Discipline will be in the form of: A. Oral reprimand; � 7.2 7.3 B. Written reprimand; C. Suspension; D. Reduction; E. Discharge. Suspensions, reductions and discharges wilI be in written form. A notice in writing of suspensions, reductioas and dischazges shalI be sent to the empioyee and the Union within seventy-two (72) hours after suck action is taken. 7,4 Discharges wili be preceded by a five (5) working day preliminary suspension without pay. During said period, the employee and/or Union may requesi, and shatl be entitled to a meeting with the Employer representative who initiated the suspension widx intent to discharge. During said five (5) working day period, the Employer may affirm the suspension and discharge in accordance with Civil Service Rules or may modify, or withdraw same. 7.5 Grievance zelating to this Article shall be grocessed in accordance with the grievance procedure imder Article 10. ARTICLE 8- HOURS, OVERTIME, SNOWPLOWING 8.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute Iunch period, except for employees assigned to the 4/40 shift where the normai work day shall be ten (10} consecutive hours per day, excluding a thi.rty (30) minute lunch period. The normal work week shall be five (5) consecutive normal work days in any seven {7) day period except for employees assigned to the 4/�10 shift where tiie normal work week shall be four consecutive Yen (I O) hour work days in any seven (") day period. (For employees oa a shifi basis this shall be consuued to mean an average of forty hours a week.) 8.2 Except in cases of emergencies, the Employer shall notify the affecYed employees of an intention to change a shift at least 24 hours prior to the beginning of the new shift. 83 Employees shalt report to work location as assigned by a designated Employer supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the Employer. Management shall provide transportatian or allow travel time withiu normai working hours to the new work location. . 8.4 Cail-in-Pay. When an employee is called to work he/she sha1T receive two hours pay if not put to work. If he/she is catled to work and commences work, he(she shali be guaranteed four straight time hours pay. ` � -5- v " ARTICLE 8- HOURS, OVERTIME, SNOWPLOWING (Continued) ar 7 �� &.5 Overtitne. Time on the payroll in excess of the normal hours set forth above shall be "overtune work" and shall be done only by ozder of the head of the department. An empioyee shall be recompensed for i work done in excess of the normal hours by being granted compensatory time on a rime and one-half basis or by being paid on a time and one-hatf basis for such overtime work. Empioyee may express a written preference for the method of overtime payment, however, the basis on which such overtime shall be paid shall be determined solely by the fimployer. The time and one-half oaertime rate shall be based on the total rate, including any premium pay, being eamed during the overtime hours worked. 8.6 The two (2) work breaks shall not exceed fifteen (15) minutes from the time the employee stops working until he/she resumes work, and shall be taken in close pmacimity of the employee's work station. 8.7 Employees who are unable to report for their normal work day have the responsibility to notify theiz supervisor of such absence as soon as possibie, but in no event later than one-half hour before the beginning of such work day. Failure to make such notification may be grounds for discipline. 8.8 The following will be the procedure for filling snowplowing or sanding needs. A. All listed categories of City employees will be offered one shift before any receive a second shift. B. For purposes of a declazed snow emergency, both the night and day phases shall be considered shifts falling on the date of the day phase. Personnel shall be assigned to one of the two phases in the priority order shown below provided that no overtime shift results. C. In the event that overtime shifts are neetied to fill any assignment, overtime shifts shall be i offered in the same priority order. D. Order to be calied. 1. Regular full-time Driver Operators, Heavy Fquipment Operators, "Bid Driver" assignees and Street Service Workers on normally scheduled shifts. 2. Driver Operators, Heauy Equipment Operators and "Bid Driver" assignees on layoff. 3. Street Services Workers on layoff. 4. Sewer Services Workers. 5. Jet Sewer Cleaner Operators. 6. Bridge Mauttenance Workers. 7. Crew Leaders. 8. Qther permanent Tri-Council members. 9. All other qualified Public Works volunteers on normally scheduted shifts. 10. Qualified temporazy Tri-Council members. -6- ARTICLE 9 - INSURANCE Active Employee Insuranee 9.1 1'he insurance plans, premiums for coverages and benefits contained in the insurance plans offerec3 by � the Employer shali be soiely controlled by the contracts negotiated by the Employer and the benefrt providers. The Employer will attempt to prevent any changes in tfie benefits offered by the benefit providers. However, the employees selecting the offered pians agree to accept any changes in bene$ts which a specific provider implemenis. iRS mles and regulations shall govem the Employer provided health and welfaze benefit progrdm. 9.2 Ef�'ective for the January, 2000 insurance premiums, for each eligible employee covered by tiris agreement who is employed full-time aad who selects employee health in�,�Tance coyerage pzovided by the Empioyer, the Employer agrees to contribute the actual mon#hly cost of the 2000 single heatth insurance premium ($211.62). For each eligible fiill-time employee who selects family health iasuraace coverage, the Employer wiIl contribute the 1999 Employer contribution amount plus 50% of the 2000 family health +nM��*+ce gremium increase (total of $391.67), each month toward the cost of the famiIy health insurance premium. 9.3 Effective for the January, 2001 insurance premiums, for each eligible emptoyee cavered by this agreemenz who is employed full-time and who selecu single employee health insurance coverage provided by the Fsnployer, the Employer agrees to contdbute $211.62 per manth plus any increase ia the 2Q01 single health insurance premium up io $40.00 per month. If the 2041 single health insurance premium increase is over forty ($40A0) dollazs, the Employer wilt contribute 50% of the amount over • forty ($40.00) dollars. For each eligible full-time employee who selects family health insurance coverage, ihe Employer will conh $39I.67 plus an amount equal to the 2001 singte heatth insurance premium increase up to forty ($40.00) dollazs. If the 20Q1 single health insurance premium increase is over forty ($40.00) doIlazs, the Employer wili contribute 50% of the aatount over forty ($40.00) dollazs. 9.4 Effective for the January, 2d02 insurance premiums, for each eligible employee covered by this agreement who is employed futl-time and who selects sutgle esnployee health insurance coverage provided by the Employer, the F,mployer agrees to contribute the 2001 contribution plus an increase up to forty ($40.OQ) dollars per month. If the single health in�,�,�nce premium iacrease for 2001 exceeds forty ($40.00} per month, the Employer will contribute 50% of the amount over forty {$40.00) dollazs. For each eIigible full-time employee who selects fanuly heatth insurance coverage, the Employer will contribute the 2001 contribuuon plus 60% of the family premium increase in 20Q2 up to $60.04. If the 2002 family premium increase exceeds $ I00, ihe City will pay 40% of the excess increase. 4.5 If in either year the number of plans increases, the increase will be based on the average premium. -�- �,-73y ARTICLE 9 - INSURANCE (Continued) 9.6 For the purpose of this Article, full-time employment is defined as appearing on the payroll at least 32 • hours per week or at least 64 hours per pay period excluding overtime hours. 9.7 For each eligible employee covered by this Agreement who is empioyed hatf=time who selects employee insurance coverage, the Employer agrees to contribute fifty percent (50%) of the amount contributed for fuli-time employees selecting employee coverage in the same insurance plan. For each half-time empioyee who selects family inc���ce coverage, the Employer will contribute $fty percent (50%) of the amount contributed for full-time employees selecting family coverage in the same i.,��*a�ce plan. For the purpose of this Article, half-time employment is defined as appearing on the payroll at least 20 hours but less than 32 hours per week or at least 40 hours but less than 64 hours per pay period excluding overtime hours. An employee will be considered haif-time only if such employee is assigned to a position which is regularly assigned half-time hours. 9.8 For each eligih]e employee the Employer agrees to conhibute the cost of $15,000 of life insurance coverage. Refiree Insurance 9.9 Empioyees who retire must meet the following conditions at the time of retirement in order to be eligible for the Employer contributions, listed in Sections 9.10 and 9.11 below, toward a health insurance plan offered by the Employer: . A. Be receiving benefits from a public employee retirement act at the time of retirement, and B. Have severed hislher relationship with the City of Saint Paul for reasons other than misconduct, and C. Have completed at least 20 years with the City of Saint Paul, and a. If an employee takes a leave of absence to serve as a full-time union official, time served in such capacity, up to three yeazs wi11 be applied towazd meering this 20 year requirement. b. If an employee serves in that capacity for more than three yeazs, the additional time may be purchased upon return to City service for $300.00 per month and applied to this 20 yeaz requirement. D. Were hired prior to January i, 1996. Early Retirees 9.10 This Section shall apply to full time employees who: A. B. C. D. E. / Reeire on or after January 1,1996, and Were appointed on or befare DecemUer 31,1995, and Have not attained age 65 at retirement, and Meet the terms set forth in Section 9.9 above, and SeIect a health insuraace plan offered by the Employer -8- ARTICLE 9 - INSURANCE (Contiaued) Unril such employees reach sia�ty-five (65) yeazs of age, the Employer agrees that for retirees selecting single coverage, the Employer will provide the sazne contribution as is provided for active emgloyees . selecting single coverage under this agreement. Tius amaunt, however, shatl not exceed $350 per month. For employees selecting family heatth insurance coverage, the Employer will con�ibute $350 per month towazd the premium for family health insurance coverage. Any unused portion of the Emp2oyer's contribution shali not be paid to the retiree. VJhen such eazly retiree attains age 65, the provisions of Section 9.11 will apply. Regular Retirees (Age 65 and over} 9.11 This Section shall apply to fvll time employees who: A. Retire on or after 7anuary 1, 1996, and B. Were appointed on or before December 31, 1995, and C. Have attained age 65 at retirement, and D. Meet the terms set forth in Section 9.9 above, and E. Select a health insurance plan offered by the Employer The Employer agrees to contribute a maximum of $550.00 per month towazd the premium for single or family health insurance coverage offered by the Employer to regular retirees and their dependents. Any unused portion of the Empioyer s contribution shatl not be paid to the retiree. This Section shalI also apply to early retirees who retired under the provisions of Section 9.10 when such retirees attain age 65. 9.I2 A retiree's participation in the Ciry's heatth insurance ptan mvst be continuous. If a retiree chooses not to participate at the tnne of hisJber retirement or if a retiree discontinues his/her participation, such retiree will not be eligible for any future participation or for any Employer contribution. 9.13 In the event of the death of a retiree who was hired on or after May 1,1992 and who is pazticipatiag in the City's health insurance program, the surviving spouse or dependent of the deceased may continue to participate in ttte City's health insurance plan at their/her own cost. Eligibility to continue to participate shall terminate when such spouse or dependent remarries or becomes eligible for group heaIth i„co*ance through any employer. Survivor Insurance 9.14 The surviving spouse of an employee carrying family coverage at the time of hislher death due to a job connected injury or illness which was determined to have arisen out of and ut the course of his/her employment under worker's compensation law shail continue ta be eligib2e for ciry contribution in the same proportions as is provided for retired employees. - -9- oo� y ARTICLE 9 - INSURANCE (Continued) In the event of the death of an eazly retiree or a regular retiree, the dependents of the refuee shall have � the option, within thirty (3Q) days, to continue the current hospitalizafion and medical benefrts which said dependents previously had, at the premium and Employer contribution accorded to the eligibie deceased retiree. It is further understood that coverage shall cease in the event of: A. Svbsequern remazriage of the surviving spouse of the deceased employee or retiree. B. The employment of the surviving spouse or dependent where heaith insurance is obtained through a group program provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. 9.15 A retiree may not cazry hisfher spouse as a dependent if such spouse is also a City retiree or City Bmployee and eligible for and is enrolled in the City health insurance prograzn. 5easonal Layoff 9.16 Effective for the May, 1997, insurance premiums, for each eligible employee covered by this Agreement who is employed full-time and who selects health insurance coverage provided by the Employer, and who is placed on seasonal layoff, the Employer shall, for up to five months of layoff, • conuibute $191.40 per month towazd the cost of the single heaith insurance premium or $349.85 per month toward the cost of the family health insurance premium, regardless of whether or not such employee has worked the appropriate hours within the qualifying pay period. Effective for the January 1998 insurance premiums, the contribution for the single health insurance premium shall be changed to $178.95 per month toward the cost of the single health insurance premium, and the contribution toward family coverage shail be increased by 50% of the 199% family heaith insurance premium increase. Effective for the January 1999 insurance premiums, the contribution for single coverage shall be changed io reflect the dollar amount of the single health insurance premium, and the coniribution toward the family health insurance premium shall be increased by SQ% of the 1999 family health insurance premium increase. Effective for the 3anuary 2040 insurance premiums, the contribution for single coverage shall be changed to zeflect the dollaz amount of the single heaith insurance premium, and the contribution towazd the family health insurance premium shall be increased by 50% of the 2000 family heaith insurance premium increase. ' -10- ARTICLE 9 - INSURANCE (Continued) MisceBaneous 9.17 Pagers may be issued to Street Services Workers who are placed on seasonat layoff and are receiving the � seasonal health insurance benefit as provided in Article 9.I6. Laid off employees who are issued pagers will be expected to respond to pages from the employer. 9.18 The contributions utdicated in this P,rticle 9 shall be paid to the Employer's Group Heaith and Welfaze Plan. 9.19 Any cost of any premium for any City-offered Employee or family insurance coverage in excess of the dollar amaunts stated in ttris Article 9 shall be paid by the Employee. 9.20 Any EmpIoyee having ten or more years of service with the Employer who becomes ill or iajured so as to be unable to eontinue working and has e�chausted ali his/her sick leave and vacation shal� be eligible for City paid health and welfaze benefits for a maximum of three years. 9.21 The Employer will provide a system whereby the employee's contribution towazd the premiums for the employee selected health insarance coverages will be paid on a pre-tax basis. Employ°ees covered by tlus Agzeement will be eligibie to participate in 2he Flexible Spending Account and the Dependent Care Reimbursement Account as offered by the Employer. The service fee charged to participating emptoyees in either of these Accounts shalt be paid by the Employer. 9.22 Any employee who is receiving benefiis under the terms of this contract and instead of layoff takes a, voluntary reduction to Pazk Aide, to continue working during ttie winter, shall continue to receive the benefits available to his/her permanent title. 4.23 All Season Full Time Pazk Aide: A. The Pazks Departcuent will identify ihe number of All Season Full Tnne Park Aide positions needed for full time employment by September of each year. The Degarnnent wiIl choose first: I. Laid off Pazks Workers who take a reductioa to Park Aide; then if necessary 2. Park Aides designated A21 Season Full Time Park Aide; then if necessary 3. Qualified Pazk Aides by Seniority. B. Any Park Aide who accepts fulI time winter employment {AIi Season Fu11 Time Pazk Aide) by the parks Deparhaent, will be eligible for single health insurance coverage as provided in Articles 9.1 through 9.5 of lhis contrad beginniag in January following the offer of winter employment and continuing for all consecutive months worked as an AlI Season Futl Time Pazk Aide. 9.24 The provisions of this Articie 9 shatl not apply to employees ia the tides of Golf Ftanger and Park Aide. - -1i- `• ARTICLE 10 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE �"��y 10.1 T'he Employer shall recognize stewards selected in accordance with Union ruIes and regulations as the grievance representafive of the bargaining unit. The Union shall notify the Emplayer in writing of the • names of the stewazds and of theit successors when so named. 10.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibiiities of the emgloyees and shall therefore be accomplished dvring working hours only when consistent with such employee duties aad responsibilities. The steward involved and a grieving employee shalt suffer no loss in pay when a grievance is processerl during working hours, provided the steward and the employee have noti&ed and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 103 The procedure established by this Article shall be the sole and exclusive procrd�re for the processing of grievances, which are defined as aa alleged violation of the terms and conditions of this Agreement. 10.4 Grievances shall be resolved in conformanc� with the following procedure: Step I. Lipon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the marier is not resoived to the employee's sarisfaction by the informal discussion it may be reduced to writing and refened to Step 2 by the Union. Tfse written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement • not reduced to writing by the Union within seven (?) calendar days of the first occurrence of the event giving rise to the grievance or with the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a designated Employer supervisor shali meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall repiy in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in wziting to Step 3 within seven {7) calendar days following receipt of the Employer's written answer. Any grievance not referred in cvriting by the Union within seven (7) calendar days foUowing receipt of the Employer's answer shall be considered waived. Step 3. Within seven (7) calendaz days following receipt of a grievance referred from Step 2 a designated Emptoyer supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the Employer shall reply in writing to the Union stating the Employer's answer concerniug the grievance. If, as a resu]t of the written response the grievance remains unresolved, the Llnion may refer the grievance to Step 4. Any grievance not refeaed to in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. -12- ARTICLE 10 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE {Continaed) Optional Mediation 1) If the grievance has not been satisfactority resolved at Step 3, the Union may, within ten • (10) calendaz days, request mediation. If Management agrees that the grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediarion Services for the assignment of a mediator. Grievance mediation shall be completed within tturty (30) calendar days of the assignment. 2) Grievance mediafion is an optionaI and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is iavoked, the contractuai time Iimit for moving the grievance to arbitration shali be delayed for the period of inediation. 3) The grievance mediation process shail be informai. Rules of evidence shall not apply, and no record sha11 be made of the proceeding. $oth sides shall be provided ample opportunity to present the evidence and azgument to support their case. The mediator may meet with the parties in joint session or in separate caucuses. 4} At the request of both patties, the mediator may issue an oral recommendation for settlemeni. Either party may request that the mediator assess how an azbi�atar xttight rule in this case. 5) The grievant shall be present at the grievance proceeding. If the grievance is resolved, • the grievant shall sign a statement agreeing to accept Ltie outcome. Unless the parties agree otherwise, the outcome shail not be precedential. 6) If the grievance is not resolved and is subsequent�y moved to azbitration, such proceeding shall be de novo. Nothing said or done by the par�ies or the mediator during grievance mediation with respect to their positions conceming resolution or offers of seitlement may be used or referred to during arbitrauon. Step 4. The arbivation proceedings shail be conducted by an arbitrator to be selected from a permanent panel of five (Sj arbitrators. Arbitrators shall be seIected by lot within twenty (20) work days after notice has been given. The permanent panel of arbitrators shatl be mutuaIly agreed to by the Employer and the Union no later thaa sixty (60) days af4er the signing of this Agreement. In tlze event the EmpIoyer aad the Union have not agreed to five (5) azbitrators for the pertnanent panel, the parties will petition the Director of the Bureau of Mediation 5ervices for a list of sevea (7) arbitrators. The parties shail altemately stritce names from such list(s), the Emptoyer shiking first, until one (i) name remains. � -13- 00-73' f �' ARTICLE 10 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Continned) - 10.5 • The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Ageement. The azbitrator shall consider and decide only the specific issue submitted in writing by the Empioyer and the LInion and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or vatying in any way the applications of laws, rules, or regulations having the force and effect of law. The arbittator's decision shall be submitted in writing within ihirty (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 shatl be based solely on the azbivator's interQretation or application of the express terms of this Agteement and to the facts of the grievance presented. The decision of the azbitcator shatl be final and binding on the Employer, the Union, and the employees. 10.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Uniott, provided that each pariy shali be responsible for compensating its own zepresentatives 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 tecord. 14.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. 10.8 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 deternuned by this grievance procedure it shall not again be submitted for arbitration . under the Civi] Service Rules. lf an issue is determined by the provisions of the Civil Service Rules it shal] not again be submitted for arbitration under this grievance procedute. ARTICLE 11- SENIORITY 1 l.l Seniority, for the putpose of this Agreement, shall be defined as follows: A. "City Seniority" - T'he length of continuovs, regulaz and probafionary service with the Employer from the date of employment in any and all class titles. B. "Class Seniority" - The length of continuous, regulaz 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 class seniority is confined to the cutrent class assignment held by an emgloyee. For Employees with dual tifles, class seniority will be defined as the class tifle assignment for the day assigned and wili continue to be that ciass tifle until the next regulaz assigned shift. I7uring a declared emergency when the assigned shift is finished, those who hold dual titles, such as Heavy Equipment Operator and Driver Operator, will revert to the lower title in order of the'u seniority in that tiUe. II -14- ARTICLE I1- SENIORITY (Continued) C. If an employee reqnests reverse seniority for the winter season he/she will be placed at the bottom of the seniority list. An employee's reqnest must be submitted by October 15 of each � year. All employees who have opted for reverse seniority will be returned to their originat seniority on the caII back Iist when tl�e weather aIIows the empIoyer to begin normal spring/summer operations, or on April 1 of the following year, wlrichever comes first. Pazks Workers or Grounds Workers opting for reverse seniority wi11 be pIaced at the bottom of the combined Parks Worker/Grounds Worker seniority list duriag the lay off- period. 2. Driver-Operators, Bid Drivers or Public Works Labarers opting for reverse seniority will be placed at the bottom of the Stneet Services Worker winter call in seniority list after any Street Services Worker has opted for reverse seniority. 11.2 Seniority shall terminate when an employee retires, resigns, or is discharged. 11.3 A. In the event it is detemuned by the Employer that it is necessary to reduce the work force, employees will be laid off by class title within each division based on inverse length of "Class Seniority." Recail from layoff shati be inverse order of layoff, except that recatl rights shall expire afrer two years of layoff. B. In cases where there are promotional series, such as Unskilted Laborer, Crew I,eader, etc., when the number of employees in these higher titles is to be reduced, employees who have heid Iower tiiles which are in this bazgaining unii will be offered reductions to Yhe highest of these titles to • whzch ctass seniority would keep them from being taid off, before layoffs are made by aay class fit3e in any deparfinent C. It is further understood that a laid off employee shail have the rig�t to placement in any Iower-paid class title in tius hazgaining unit, provided said employee has been previously certified and appointed in said lower-paid class tifle. In such cases, Yhe employee shall first be ptaced on a reinstatement register and shall have "Ctass Seniority" based on the date originally certified and appointed to said cIass. Empioyees may also apply for positions in a lower class but may, nevertheless, return to original class as provided in paragraph (A} above. D. The provisions of Appendiac C shali apply to the ciassification of Driver Operator. 11.4 To the extent passible, vacation periods sha11 be assigned on the basis of "Class Seniority", within each class, by division. It is, however, understood that vacation assignments shall be snbject to the ability of the Employer to maintain operations. 11.5 Fromotions shall be handled in accordance with cuaent Civil Service Ru1es and practices. However, ihe Water Utility may promote and assign a member of a rofating emergency or night crew hoiding the secondary title of Water Service VJorker-Control Desk 2o a temporary Water Service Worker-ConuoI Desk vacancy on his assigned crew without reference to his seniority in that title. Regutaz permanent promotions will continue to be made in order of seniority in tide. _ -15- ' ARTICLE 11 - SENIORITY (Conrinued) - 11.6 When a seniority list is being used to call in employees for overtime, once the list is e�chausted, the emgloyer shall order employees, in reverse order of seniority, to report to work. � ARTICLE 12 - VACATION �-�3�f 12.1 Vacation credits shall accumulate at the rates shown below for each full hour on Yhe payroll, excluding overtime. Years of Service 1 st year thru 4th yeaz Sth year ttuu 9th year IOth yearthru 15th year 16th year tfiru 23rd year 24th year and thereafter Hours of Vacation .0385 (10 days} .0616 (16 days) .0731 {19 days) .0885 (23 days) .1400 (26 days) 12.2 The head of ihe departmeni may permit an emgloyee to catry over one hundred and twenty (120) hours of vacation into the following "vacation year". For the purpose of this article the "vacation year" shall be the fiscal year (IRS payroll reporting yeaz). 123 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Campensation, Section I(one), Subsection H. .12.4 If an employee has an accumulation of sick leave credits in excess of one hundted and eighty (18�) days, heJshe may convert any part of such excess at the rate of two (2} days of sick leave for one (1) day of vacation up to a maximum of five (5) days of vacation. 12.5 The maximum number of days` vacation allowed by the conversion of sick leave credits shali be no more than five days on any one year so that with the maximuzn vacation time which may be taken in any one year (including carry over allowed from previous vacation year) shall be forty-six days including the regular vacation period. 12.6 The provisions of this Article 12 shall not apply to employees working in the titles of Golf Ranger or Park Aide. / -16- ARTICLE 13 - HOLIDAYS 13.1 The following twelve (12) days shall be designated as ho&days: New Year's Day, January 1 Martin Luther King Day, third Monday in 7anuary Presidents' Day, third Monday in February Memorial Day, last Monday ia May Independence Day,July 4 Labor Day, first Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, faurth Friday in November Christmas Day, December 25 Two floating holidays � Eligible employees shall receive pay for each of the holidays Iisted above, on wlvch they perform no work. When New Yeaz's Day, Independence Day, Veterans' Day or Christmas Day falls on a Sunday, the foliowing Monday shall be considered the designated holiday. When any of these four (4) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. For those employees assigned to a work week other than Monday through Friday, the haliday shall be observed on the calendaz date of the holiday. 13.2 The floating hoIidays set forth in Section 13.I above may be taken at any time during the fiscal yeaz, subject to the approval of the Department Aead of any employee. � 133 Eligibility Requirements. In order to be eligible for a holiday with pay, an employee's name must appear on the pa}7o11 on any six working days of the nine working days preceding the holiday; or an employee's name must appeaz on the payroll ihe last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is fiuther understood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. 13.4 The ten (10) holidays sha11 be considered non-work days. I3_5 If, in the judgment of the EmpIoyer, personnel aze necessary for operating or emergency reasons, emptoyees may be scheduled or "called back" in accordance with ArticIe &.4 (Catl-in-Pay). 13.6 If an employee entitled to a holiday is required to work on Martia Luther King Day, President's Day, Day After Thanksgiving or Veterans' Day, he/she sha21 be grauted another day off with pay in lieu thereof as soon thereafter as the convenience of the department petmits, or the empioyee shall be paid on a sh�aight time basis for such hours worked, in addition to his/her regttlar holiday pay. If an employee entifled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Labor 1?ay, Tkanksgiving Day or Ghristmas Day, he/she shall be recompensed for work done on this day by being granted compensatory time on a time and one-hatf basis or by beiag paid on a time and one-half basis for such hours worked, in addition to his/her regulaz holiday pay. _ -17- ARTICLE 13 - HOLIDAYS (Continued) oa?3 y - Effective May 1, 1998 if an employee entitled to a holiday is required to work on Martin Luther King � Day or Veterans' Day helshe shall be recompensed for work done on this day by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such hours worked, in additian to hislher regulaz holiday pay. Effective April 1, 2000 if an employee entitled to a holiday is required to work on Presidents' Day or the Day After Thanksgiving he/she shall be recompensed for work done on ttus day by being granted compensatory time on a time and one-half basis or by being paid oa a time and one-half basis for such hours worked, in addition to hislf�er tegulaz holiday pay. Eligibility for Holiday pay shall be determined in accordance with Section I, Subsection I of the Saint Paul Salary Pian and Rate of Compensation. 13.7 The provisions of this Article 13 shall not apply to employees working in the titles of Golf Ranger and Pazk Aide. ARTICLE 14 - JURY DUTY 14.1 Any employee who is required during hisfher regulaz working hours to appeat in court as a juror or witness, except as a wimess in the employee's own behalf against the Employer, shall be paid hislher regulaz pay while so engaged. Any fees that the employee may receive from the court for such service • shall be paid to the City and be deposited with the City Finance Director. Any employee who is scheduled to work a shift, other than the normal daytime shift, shali be rescheduled to work the normal daytime shift during such time as helshe is required to appear in court as a juror or witness. ARTICLE 15 - SEVERANCE PAY 15.1 The Empioyer shall provide a severance pay program as set forth in tlus Article. 15.2 To be eligible for the severance pay pragram, an employee must meet the following requirements: A. `The employee must be 58 years of age or older or must be eligible for pension under the "rule of 40" or ffie "rule of 85" provisions of the Public Employees Retirement Association (PERA). The "rule of 90" criteria shall also apply to employees covered by a puhlic pension plan other than PERA. B. The employee must be voluntarily separated from City employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligibie for the City severance pay program. t -18- ARTICLE 15 - SEVERANCE PAY (Continued) C. The emptoyee must have at least ten (10} yeazs of consecutive service under the classified or uncIassified Civil Service at the time of separation. � D. The employee mvst file a waiver of reempioyment with the Direcior of Human Resources, wlrich will cleazly indicate that by requesting severance pay, the employee waives all claims to reinstatement or teemployment (of any type), with the City. E. The employee must have accumulated a minimum of sixcy (60) days of sick leave credits at the time of his/her sepazation &om service. I53 If an employee requests severance pay and if the employee meets ihe eligibility requirements set fortfi above, he or she will be granted severance pay in an amount equal to one-hatf of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maatimum of $6,SOQ. 15.4 For the purpose of this severance progam, a death of an employee shall be considered as sepazatioa of employment, and if the employee would have met alI of the requirements set forth above, at the time of his or her death, payment of the severance pay will be made to the employee's estate or spouse. 15.5 The manner of payment of such severance pay shall be made in accordance with the pmvisions af City Ordinance No. 11490. 15.6 This severance pay program shall be subject to and governed by the pmvisions of City Ordinance No. 11490 except in those cases where the specific provisions ofthis article conflict with said ordiaance and• in snch cases, the pmvisions of this article shall control. 15.7 The provisions of this article shaIl be effective as of May 31,1984. 7 5.8 Any employee hired prior to May 31, 1984 may, in any event, and upon meeting the qualifications of this article or Ciry Ordinance No. i I490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this articie or the ordinance shall constitute a bar to receiviag severance pay from the other. 15.9 For employees appointed to a tiYle covered by t6is Agraement on or after May 1,1489, the Employer shall provide only the severance pay program as set forth in I5.10 through 15.14. 15.10 To be eligible for the severance pay program, an empioyee musc meet the foltowing requirements: A. T'he empioyee must be voluntarily separated from City employment or have been subject to separation by layoff oz compulsory retirement. Those employees who are discharged for cause, misconduct, inefficieacy, incompetency, or any other disciplinary reasan are not eligible for the City severance pay program. - -19- ARTICLE 1S - SEVERANCE PAY (Continued) m � 73 � ' B. The employee must file a waiver of reemployment with the Director of Human Resources, which • will cleazly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. b25. C. The employee must have an accumulated balance of at least eighty (86) days of sick leave oredits at the time of hislher separation from service. 15.11 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance gay in an aznount equal to one-half of the daily rate of pay for the position held by the empioyee on the date of separation for each day of accrued sick leave subject to a maximum as shown below based on the number of yeazs of service in the City. Years of Service with the City At Least 20 21 22 23 24 25 Maximum 5everance Pay $ S,Q00 6,000 7,000 8,000 9,000 10,000 15.12 For the purpose of this severance program, a death of an employee sha1S be considered as separation of • empioyment, and if the employee would have met all of the requirement set forth above, at the time of his or her deaih, payment of the severance pay shail be made to the employee's estate or spouse. 15.13 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11440. 15.14 This severance pay program shall be sub}ect to and governed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this article shall control. 15.15 Notwithstanding Article 15.9, employees appointed prior to May i, 1989 to a title covered by this agreement who meet the qualifications as defined in articies 15.10 and 15.11 may elect to draw severance pay under the provisions of I5.11. However, an elec6on by an employee to draw severance pay under articie I 5.11 shall constitute a bar to drawing severance pay under any other provision set forth in this Agreement. 15.16 Employees appointed on or after May 1,1989 to a title covered by tlus agreement shall not be eligible for any severance pay provisions othzr than the provisions as set forth in articie 159 t�uv 15.14. 15.17 Tune with School District 625 sball not be used to qualify for the benefits in this Article for employees hired after 7anuary 1, 1997. , -20- ARTICLE 16 - WAGES 16.1 The basic hourly wage rates as established by Appendix A shall be pai@ for all hours worked by provisional, regulaz and probationary employees. f[.�? Effective 07/O1f00 Effective 07(02/Oi (or closest pay period} Effective Ol/OI/02 (or closest pay period) ARTICLE 17 - SAVINGS CLAUSE 1 �.1 This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Saint Paal. In the event any provision of this Agreement shall hold to be contracy to taw by a court of competent jurisdicrion from whose finat judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall cantinue in futi force and effect. ARTICLE 18 - NRISDICTION I8.1 Disputes concerning work jurisdiction between and among Unions is recognized as an appropriate subject for determination by the various Unions representing employees of the Empioyer. • 18_2 In the event of a dispute conceming the performance or assignment of work, the Unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing • shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of t12e dispute or to restrict the Employer's basic right to assign work. 2 83 Any employee refusing to perform work assigned by the Employer shall be subject to disciplinary action as provided in Article 7(Disciplinary Procedures). 18.4 There shalt be no work stoppage, stow down, or any disruption of work resniting from a work assignment. 18.5 The subcontracting of work done by the empioyees covered by this Agreement shatl in all cases be made onIy to Empioyers who qualify in accordance with Ordinance No. 14023. ARTICLE 19 - SICK LEAVE 14.1 Sick leave shall be eamed and granted in accordance with Yhe Civil Service Rules. The accrual rate for etigibie emptoyees sha11 be .0576 of a working hour for each full hoar on the payroll, excluding overtime. 5ick leave without pay may be granted in accordance with the provisioas of Se�tion 20H of the Civil Service Rules for a period up to but not to exceed three years. - The basic hourly wage rates in Appendix A reftect the fallowing increases: 2.5% inct�ase 2.75% increase 3% increase -21- ARTICLE 19 - SICK LEAVE (Continued) �0�73�{ 19.2 In the case of a serious illness or disability of an employee's child, parent or household member, the head � of the department shall gant leave with pay in order for the employee to care for or make arrangements for the caze of such sick or disabled persons. Such paid leave shall be drawn from the employee's accumulated sick leave credits. Use of such sick leave shall be limited to 40 hours per incident. 193 Any employee who has accumutated sick leave credits, as provided in the Civil Service Rules, may be granted one day of sick leave to attend the fimeral of the empioyee's grandparent or gandchild. 19.4 Pregnant employees of the City of Saint Paul shall be eligible for the use of paid sick leave and unpaid leave of absence in the same manner as any other disabled or ill City employee. Such paid sick leave eligibility shall begin upon certificatioa by the employee's attending physician that the empioyee is disabled in terms of her ability to perform the duties of her posi6on. 19.5 The head of the Department or the Human Resowces Director may require a physician's oertificate or additional certificates at any time during an employee's use of sick leave for the purposes stated in 19.2 above. All such certificates shall be forwazded by the appointing officer to the Human Resources Office. If an empioyee is absent because of the provisions of Article 19.2 above for three or fewer calendaz days helshe shail submit to the head of the Department a certificate signed by the employee stating the natute of the child, parent or household member's sickness. If the sickness continues for more than three calendaz days, no further sick leave shall be granted unless or until a physician is consulted. The sick � leave may be continued from and include the day of consultation, but only if a certificate signed by the physician certifying to the nature and period of the person's sickness is submitted and approved hy the head of the deparcment and forwazded to the Human Resources Office. 19.6 No sick leave shall be granted for the above reasons unless the employee reports to hislher department head the necessity for the absence not later than one-half hout before hisfher regularly scheduled time to report for work, unless he(she can show to the satisfacuon of the department head that the failwe to report was excusable. 19.1 An employee shall be paid under the provisions of this pazagraph onty for the number of days or hours for which he/she would normaliy have been paid if hetshe had not been on sick leave. 19.8 The provisions of this Article 19 shall not apply to employees working in the titles of Goif Ranger or Pazk Aide. ARTICLE 20 - PARENTAL LEAVE 2Q.1 Maternity Leave. Maternity is defined as the physicat state of pregnancy of aa employee, commencing eight (8) months before the estimated date of ciuldbirkh, as determined by a physician, and ending six (� months after 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 iu option, and such Ieave may be no longer than one (1) year. -22- ARTICLE 20 - PARENTAL LEAVE (Continued) . 2R2 School Conference Leave. An employee skall be granted up to a total of sixteen (16) hours during a schooi year to attend schoa2 conferences or classroom activities related to the employee's cluld, provided the conferences or classroom activities cannot be scheduted during non-work hours. When the Ieave cannot be schedvled duriag non-work hours and the need for the leave is foreseeable, the employee mvst� provide reasoaable prior notice of the leave aad make a reasonable effort to schedule the leave so as not to disn:p�-tiuduly ttie operations of the Employer. An employee shalt be atlowed to use vacatian or compensafory time for this leave; otherwise, this leave sfiall be without pay. y .. A.RTICLE 21- LEGAL SERVICES 21.1 Except in'cases of maifeasance in office or wiIlful or wanton neglect of duty, the Empioyer shall defend, save haimIess and indemnify an employee, and/or his/her estate, against any cIaim or demand, whether groundless or otherwise, arising out of an alleged act or omission in the performance and scope of the employee's duties. ARTICLE 22 - STRIKES, LOCKOUTS, WORK INTERFERENCE 22.1 The Unions and ttie Employers agree that there shati be no sbrikes, work stoppages, slaw-downs, sit down, st�y-in, or other concerted interferen�e with the Empioyer's business or affairs by any of said Unions aridlor the members thereof, and there sha11 be no bannering during t6e eacistence oftIus Agreeirient without first using all possible means of peacefu! settlement of any controversy which may arise. - ARTICLE 23 - DEFEBRED COMPENSATION 23.1 Employees who have completed ten (10) through nineteen (19) years of service with the City of Saint Paul and meet the eligibility requirements listed below shall be eligible for $40D per year for Deferred Compensation paid by the Employer on a dollaz for dollaz match. 23.2 Employees who have completed twenty (20) yeazs of service with the City of Saint PauI and who meet the eligibit�ry reguirements listed below sha11 be eligible for $600.00 per year for Deferred Coiripe�sation paid by the Emp2oyer on a dollaz for dollar match. � 23.3 The employer will match contributions on the first paycheck following September 1 of the pIan year for those on the payroll at the date of paymeat. 23.4 Eligibility Requirements: i�: Eligibility wi11 be determined in July of the plan year. B. Employees cannot have been oa lay off in the previous 12 months. �._ Eligible empioyees who experience a lay off must re-c}ualify through A and B above. D. Employees must have been in Tri-Council effective III of the plan yeaz. �. t2aalifying years of service (Qetermined by date of hire) must have been attained by 1/] of the plan yeaz. � F. Park Aides and Goif Rangers aze ineligible. �� G. If an employee Lakes a leave of absence to serve as a full-time union official, time served- in such capacity, up to three yeazs, will be counted towards the yeazs of service requirement. � -23- � ARTICLE 24 - TERMS OF AGREEMENT Cb-73 �t ' 241 The Emploper and the Union acknowledge that during the meeting and negotiating which resulted in this � Agreement, each had the zight and opporiunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and understaudings reached by the parties after the exercise of this right aze fuliy and completely set forth in this Agreement. Any and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment to the ea�tent they aze inconsistent with this A�eement aze hereby superseded. In those areas where Civil Service Rules are not inconsistent with this Agreement, tlte Civil Service Ru1es sha11 continue to be in effect. 24.2 Except as herein provided this Agreement sha11 be effective as of the date it is executed by the parties and shall continue in full force and effect thru December 31, 2002, and thereafter until modified or amended by mutual agreement of the parties. Either pariy desiring to amend or modify this Agreement shall notify the other in writing so as to comply with the provis3ons of the Public Employment Labor Relations Act of 1971. 24.3 This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator but is subject to the approval of the Adm'uustration of the City, the City Council and is also subject to ratification by the Unions. WITNESSES: CITY OF SAINT PAUL �BY:� T Ha tiner Labor Relations Manager DATE: , TRI-COUNCIL BY: ��� u,� �=�/-C�13 Business Aep., Local 120 DATE: � � � �� ' ��� ���6 ��r� BY: Busines anager, Local 132 DATE: BY: ��:�� .����/r3� Business Rep., Local 1� DATE: BY: �/c�r2 C1?,c.en+xs�- �`���oC> Business Rep., Local 49 DATE ���(.!—c� �-4��.�'�� BY: Business Manager, Loca149 I�� -24- APPENDIX A �-7�y The hourly wage rates for provisional, regutaz and probationazy employees working in the classes listed below aze as shown: �Effecri • •This GROUP A ✓e on the following dates: 7!1/2000 7!il2001(or 1/1/2002 (or (2.5%) closest pay closest pay period) (2.75%) period){3.0%) Bridge Crew Leader 20.07 20.62 21.24 Bridge Maintenance Worker 18.40 18.91 19.48 Grounds Crew Leader 18.87 19.39 19.9? Labor Crew Leader 18.87 19.39 I9.97 Parks Worker 17.89 18.38 18.93 Sewer Crew Leader 19.98 2Q.53 21.15 ''SewerMaintenanceLaborer 78.22 18.72 19.28 Sewer Services Worker 18.22 18.72 19.28 Stores Laborer 17.89 1838 18.93 Street Services Worker 17.89 1838 18.43 *Unskilled Laborer 17.84 18.38 1$.93 Water Utility Worker I 17.89 18.38 18.93 Water Uulity Worker II 18.45 18.96 19.53 Water System Worker I 18.22 18.72 19.28 Water System Warker II 1934 19.8T 20.47 Water Service Worker -Control Desk 1434 19.92 20.52 Golf Ranger First 500 Hours 632 6.49 6.68 Second 500 Hours 5.94 7.13 7.34 Third 500 Hours 7.52 7.73 ?.96 Fourth 500+ Hours 8.16 8.38 8.63 title is abolished except as to present incumbents. -Al- Appendix A (Continued) 7/1/2000 7/1/2001(or I/1/2002{or (2.5%) closest pay closest pay period} (2.75%) period) (3.0%} Pazk Aic3e First 500 Hours 724 7.44 7,66 Second 500 Hours 7.86 8.08 8.32 Tfiird 500 Hours 8.45 8.68 8.94 Fourth 500+ $ours 9.06 931 9.59 Gazden Laborer Start 16.50 16.95 1�.46 After Six Months 16.97 17.44 17.96 Gazdener 3tart 17.48 17.96 I8.50 After Six Months 17,85 18.34 18.89 Lead Gardener 19.41 19.94 20.54 *Grounds worker Start 16.86 17.32 17:84 Aftes Six Months 17.32 17.80 1833 *Groundsworker - Water Utility Start I6.86 1732 27.84 After Six Months 1732 17.80 18.33 {I'his title is abo2ished except as to present incumbents. � � -AZ- nppena►x A (Continued) GROUP B C�0�73Y 7!1l2000 (2.5%) 7/112001(or closest pay period)(2.75%} 1i1/2002 (or closestpay period)(3.0%) *Tractor Operator I i 18.13 This title is abolished except as to present incu 18.b3 GRQUP C 19.19 7l112001 711l2001(or 1!1l2002 (or (2.5%) ciosestpay closestpay �ioa>�z.�s�io� �ioa� �s.o�ra� Asphalt Plant Operator 21.17 2I.75 22.40 Heavy Equip. Operator 21.17 21.75 22.40 Heavy Equip OperlAsphalt Plant 21.17 21.75 22.40 Heavy Equip. QperlWater Utility 21.17 21.75 22.40 Jet Sewer Cleaner Oper 21.17 21.75 22.40 Revolving Power Equip Operator 23.82 24.48 25.21 � ; • 1' � 71112000 �2-5°�Q) *Driver Operator 18.14 *This title abolished except as to present incuuit 7J112Q01 (or closest pay periotn(2.75%) 1(1i2002 (ot closest pay period)(3.0°!0) � GROUP E 19.20 7li20Q0 7/1/2001(or 1/112Q02 (or (2.5%) closest pay closest pay period)(2.75%} period)(3.0%) Forestry Crew Leader 21.22 21.80 22.45 Tree Worker 19.07 19.59 20.18 Note: Effective 7/I IOQ the tifles of Bridge Crew Leader, Grounds Crew Leader, Labor Crew I,eader, Sewer Crew Leader, Forestry Crew Leader, Water SWII and Water-Contro2 Desk re�eived an zdditional $.25 per hour increase above the general percentage inerease. -A3- Appeudix A (Continued) The City agrees that if a classification study of the Bridge Maintenance Worker or Bridge Crew Leader title results in a proposed increase, the City will implement such increase retroactive to the date of tke crompleted job� profile. PREMIUMS A. Employees required to work eight (8) feet or Iower beneath grotmd shaIl receive three and one-haif percent (3.5%) per hour above the regular base hourly rate for each hour or any part thereof worked in such an assignment. This provision shail not apply to employees working under the tides of Water System Worker I or Water System Worker II. B. A premium pay of $fty-cents ($.50) per hour shall be paid for atI swiag stage wozk, such as work performed from a boatswain's chair or a swing scaffold or hazardous work that requires the use of a safety beit fifry (50) feeY or more above the ground. Ali standard safety laws sha12 be complied with. C. Tree Workers assigned to the crew perfornung tree trimming duties in assisting Northern States Power Company shall receive four percent (4%) per hour above the regulaz base rate or any part thereof worked in such an assigrunent. D. EmpIoyees assigned the dufies of diler Operator shall receive s'vc percent {6%) per hour above the regular base rate for each hour or any part thereof warked in such an assignment. E. Street Services Workers, Pazks Warker or Water Utility Workers I assigned to perform duties of an � *Asphatt Raker shall receive three percent (3%) per hour above the reguIar base rate for each hour or any part thereof worked in snch assignment. F. Street Services Workers or Water Utility Workers I assigned to perform duties of an *TacmanlTamper shall receive six percent (6%) per hour above the regular base rate for each hour or any part thereof worked in such assignment. This is in lieu of any clothing aIlowaace and shall be paid oniy for hours worked performing such duties. G. Any Parks Worker(*Grrounds Worker assigned to operate a 580-D or a rotary grass cutting machine having a cutting width of over I 5 feet sha11 receive $.45 per hour above the regular base rate for each hour or any part over one fourth hour actuatly worked in such an assigament. The regulaz operators of ihe 580-D equipment from previous seasons will be considered firsY for these assignments. For new openings, the Division will post the opening and take the senior quaiified candidate. Hawever the Division does not waive its rights to assign premium pay positions to less senior empioyees if it deems it necessary. This premium does not inciude reei mowers or 7-gang mowers. H. Pazks Workers or Cnounds Workers assigned to an abatement ctew on a summary abatement deemed to be hazazdous by the Health DeparCment Inspector and PED summary abatement supervisor and requiring the use of special protective cloThing shall receive $.60 per hotu above the regular base rate for each hour or any part thereof worked in tlus assignment. Effective Januazy 1,1999 upon completion of training. -A4- Appendix A (Conrinued) pp-7� y I. Effective May 1, 1998 Street Services Workers and Parks VJorkers assigned to drive tandem trucks, or required to drive Iowboy, h�uck trailer, or show mobile, shall receive $.25 per hour above the base rate � for each hour or any part thereof worked in such an assignment.'Driver Operators and Street Services Workers paid as "Bid Drivers" as defined under the provisions of Appendix D, A3 aze not eligible for this premium. n LI -AS- ' APPENDIX B � r ��� = Temporary employees shall be paid ninety percent (90%) of the appropriate wage rates established by the Highway and Heavy Agreement then in effect between the Unions and the Associated General Contractors of �.4innesota (AGC). Appropriate AGC fringe bsnsfii contributions shall also be paid to the jointly trusted funds. Effective upon ratification of the conv�act. 1. The hourly rates for temporary Employees working in the classes listed below are as shown: Effective Effective 11t2000 2001 (or closest pay period) � � Bridge Maintenance VTorker Water System Worker I Water Utility VJorker I Pazks Worker Sewer Services Worker Sueet Services Worker 18.67 18.67 18.67 18.67 18.b7 18.67 s Effective 2002 s s * � • r s : s * s The hourly wage rates for temporazy employees working in classes listed below shail be the same as the wage rates appiicable to provisional, regular and pmbationary emp3oyees working in said classes as shown in Appendix A: Garden Laborer Gardener For temporary Employees working in the classes listed above the following fringe benefit contributions shali be made to the Minnesota Laborers' Fringe Benefit Fund: Health and Welfaze Pension Vacation Training LECET Effecrive 5/1/2 0 (or ciosest pay period) 2.8� z.so 136•# .21 .OS Effective 2001 f * s s s Effective 2002 s r � • s 'At the time of the signing of ttus ageement rates were not available. *•This contribution is taxable. - Bl - Appendig B (Continued) 2. The hourly rates for temporary Employees working in the classes listed below aze as shown: Effective SI1/2000 (or closest pay period) Heavy Equipmeni Operator 21.17 Revolving Power Equipment Operator 21.44 Effective Effective �qq� Zoaz i The hourly wage rates for temporary Employees in Yhe classes listed below shall be the same as the wage rates appiicable to provisional, regulaz and probationary Employees working in said classes as shown in Appendix A. Tree Worker For temporary Employees working in the classes listed above the folIowing fringe benefits shali be made to Funds designated by IUOE, Loca149: Effective JIS /20d0 (or closesi pay period) Health and Weifare Pension Training 3.20 3.80 .15 Effective Effective 2001 20Q2 s *At ihe tune of the signing of Yhis agreement rates were not available. • The hourly wage rates for temporary Employees in the classes listed below shall be the same as the wage rates applicahle to provisionai, regulaz and probarionary EmpIoyees working in said classes as shown in Appendix A. #Driver Operator 4. Regulaz Employees who aze laid off and then calIed back in to work on a temporary basis shalt receive the regulaz rate of pay as shown in Appendix A for such tifles workec3 and shail coatinue to earn and accrue City benefiu for such hours worked. 5. For temporary Employees working in tides tisted in tlus Appeadix "B" whose length of service and eaznings require that they be subject to PubIic Employees Retirement Association contributions, the rate of pay shalI be the rate shown in this Appeadix "B" for such tiile divide@ by 1.0518. 6. If the union elects to have the fringe beaefit contributions listed in tlus Appendix "B" increased or decreased, the Employer may adjust the applicabie rates accardingly. 7. The Union wilI notify the Employer as soon as possible whea these rates aad the"u effective dates have been negotiated with the AGC. For their appIication in tivs agreement, adjushnents will be made on th� closest effective payroll dates. -82- laD-73 �f APPENDIX C • The foilowing aze special provisions for �Driver-Operator seniority: All *Driver-Operators hired subsequent to July I, 1970, except tfie six who were hued with the promotion rights from the Aprii 7,1975 eligible list by departments other than Public Works, will be laid off at the end of December i, 1978. Subsequent to December 1, 1978, the Public VJorks Departmem shall hire from the layoff list all *Driver-Operators who will be needed throughout the City for the remainder of the yeaz. Subsequent to December 1, 1978, all reinstatements and new appoinhnents will be made to the Public Works Department. Department or division promotion rules shall not apply to the classification of *Driver-Operator. Any *Driver-Operator taking an examination on a promotional basis for any other tide shail be considered a promotional candidate in the department in which he/she is working on the date of the examination regardless of the fact that such employee apgears as'�Driver-Operator on the Public Works Deparhnent payroil. In the event that such employee is transfened to another department after the date of the examination, such employee shall be considered a promotional candidate in the department to which helshe is • transferred. No change in assignment shall be made prior to the date of the examination for the purpose of changing the departznent in which the employee qualifies as a promotional candidate under this article. Employees appointed from the promouon list of the Mazch 3, 1978, Truck Driver examination shall have *Driver-Operatot seniority in the same order as the order in which their naznes appeaz on the promotional eligible list from which they were appointed. This does not apply to employees appointed from this list to the Board of Education. -Cl- APPENDIX D a�-�3y - The following aze general policies regazding seniority for personnel permanentiy assigned to fhe Departinent of Public Works Sueet Maintenance and Sewer Maintenance Divisions and the Division of Pazks and Recreation • in the classifications of *Briver-Operator, Laborer, Str�eet Services Worker, Heavy Equipment Operator, Sewer Services Worker, Crroundsworker, Pazks Worker, Tree Trimmer II, Power Clazn Operator and Tree Worker. These general policses will be followed when mak'sng job assignments to qualified employees. The productivity needs of the utili2ing division may be considered when making,}ob assignments. A. Department of Public Works 1. Class seniority in the *Driver-Operator and Laborer tifles shall take precedence over the Street Services Worker and Sewer Services Worker titles for all work assignments. T4ris includes Heavy Equipment Operators who also hold the tifle of •Driver-Operator and who aze reduced to the title of "Driver-Operator. 2. Class seniority in the titles of *Driver-Opemtor and Street Services Worker shall be used to make temporary job assignments for Heavy Equipment Operator positions in the Street Maintenance Division. 3. The Division shail identify the number of primary Driving Jobs needed each yeaz by May 1, or after the full spring call back, whichever comes fust. The primary Driving Jobs not assigned to *Driver Operators shall be bid using Class Seniority with employees holding the title Street Services Workers. The Straet Service Workers selected shall be refened to as "Bid Drivers" and shall be assigned by seniority. • a. *Driver Operators and "Bid Drivers" shall have their base pay increased by $.25 per hour. b. "Bid Drivers" will hold that designation and pay for one (1) yeaz until the next annual bid is implemented. c. "Bid Drivers" wil] not be on Street Service Workers Overtime lists d. If laid off during the Winter lay off, "Bid Drivers" wili be called in prior to Street Services Workers when there is a need for driving jobs. 4. Assignment to a shift eligible for shifr differential premium pay shall be made based en ctass seniority. Senior employees in the affected class shall not be required to accepi such assignment if there are employees in such class with less class seniority. 5. Regular assignments to the night shift or weekend shift shall be bid seasonaily by seniority. Winter season bids shall be made betw�n October I Sth and November I Stlt each year. Summer season bids shall be made after the full spring call back.The hours of each shift shall be defined on the bid sheet. Employees assigned a shift by seniority shall remain on that shift for the duration of the season, unless the shift is discontinued or mutually agreed to by the employee and the Departrnent. Tfie complaint assignments shatl be exempt from these provisions and shall be at the discretion of the employer. - Dl - Appendix D (Continued} A. Department of Public Works (Conrinued) 6. Temporary vacancies on a shift shall be made by upgrading the senior eligible employee on the � shift, who holds the dtle for the assignment Should additional assignments become necessary, they shall be made by classifrcation seniority &om a temporary vacancy list. Aa employee may add or remove kus/her name &om tlus vacancy list at aay time. If a temporary vacancy cannot be fitled from the vacancy list, the position will be fxlled from the master seniority list. B. Division of Parks and Recreation i. Class seniority in the Grouadsworker and *Driver-Operator titles shall take precedence over ihe Parks Worker title in filling Cnovndsworker and •Driver-Operator positions respectively. In the event of a tayoff in tke tifle of Gmundsworker or in the title of Pazks Worker, for empioyees who aze certified to the tiUe of Grovndsworker and who are then certified to the new title of Pazks Worker, their seniority in the tide of Cxroundsworker shalI grevaiI. • 2. Class seniarity in the Tree Trimmer II and Power Clam Operator titles shall take precedence over Tree Worker tide for assignment to Tree Trimmer II or Power CIam Operator dufies respectively. In the event of a layoff in the title of Tree Trimmer II or ia the title of Tree Worker, empioyees who are certified to the tide of Tree Trimmer II and who aze then certified Yo the new titie of Tree Worker, their seniority in the title of Tree Trimmer II shall prevail. 3. Assignment to a shift eligible for shifr differential prettrium pay shalI be made based on cIass seniority. Senior employees in the affected class shall aot be requ"ued to accept such assignment � if there aze emp2oyees in such ciass with less senionty. 4. a. The Pazks Division agrees to request a#Driver-Qperator from the City-wide *Driver- Operator seniority lisk to fili behind a"Driver-Operator absent from Iris/her position in the Pazks Division in cases where the City has reason to beIieve that the absence wili be for five (5) working days or longer. b. Both parties agree that the Employer is not required to follow the procedure in Item A above when the vacant position requires ihe handliag of the "Snowmobile" or other pieces of equipment that requires special training and/or experience. c. The Union and Employer agree that in the event of a sepazation of employ�nent of tfie cunent •Driver-Operators in the Parks Division, the decisioa to refiIl those affected positions and the decision of the appropriate class with which to refill the affected posirion subsequent to the separation of employment shalI be made solely by the Empioyer. - D2- Appendix D (Conrinued) � B. Division of Parks and Recreation (Continued) � 5) Assignment to the N.S.P. CREW wili be based on following: o�- a. Vacancies in the Forestry NSP Crew will be filled by certified line ciearance tree trimmers who have satisfactory or higher performance ratings for at least the preceding year aad have no medical restrictions that limit tiie employee's ability to perform the essential fvnctions of the work required of the NSP crew. A positive druglalcohol test will disqualify a crew member for a period of one year from date of test. b. A list of Tree Workers interested in working on the NSP crew, who meet the m;n;mum qualifications, will be solicited annually. The senior tree worker(s) on the sign-up list will be assigned to the NSP crew. If the selected Tree Worker turns down an opening, histher name will be moved to the bottom of the list for future openings for the annual sign up period. c. NSP crew members wiil remain on the crew until they notify the supervisor they want a change, no longer meet the minimum qualifications; or aze replaced by a more senior tree worker under the annual sign up procedure. C. Water Utility The following procedures will be used to determine the selection of personnel for overtime work , assigntnents. The selection of personnel wili vary somewhat due to varying circumstances. This policy shali apply to al] bazgauung unit tifles. JOB ASSIGNMENTS: i. Job assigrunents for members of the Tri-Council at the Distriburion Division of the Water Utility will be made using the following criteria: a. Short term (less than the full winter or summer cycle) assignments will be made at managements' discrerion. b. Futl term (the emire normai winter or summer cycle} assignments will be made on the basis in a given title when openings occur on a particulat crew. If there wi21 be an opening for a full cycle on a crew, management will ask those emgloyees working the same title as that opening if they aze interested in the gosition. This will be recorded, and the most senior employee working in that title interested in the job will be given the position, provided the employee is qualified. Should management have valid reasons not to agpoint this candidate to the position, those reasons shall be given to the candidate in writing. If no one is interested in a position, the assignment will be made to the least senior Employee regvlarly working that title. - D3- Appendix D (Condnued) JQB ASSIGNMENTS (Continued) c. Definitions for this section: i. Seniority used shail be Ciass Seniority per i I.1B. 2. "Normal" working cycles for the Utility are Iate November to late March (winter ) and late March to late November (summer). 3. An "Opening" is defined as a vacancy on a crew expected to last at least one entire cycle. d. If a short term assignment is made and the time arrives to make assignments for the next cycIe, management will review the assignmeat to determine whether it will be considered an"opening" or not. If it is considered an opening, Section B shall be foilowed. C� � � APPENDIX E The following are general policies regazding the assignment of overtime. • A. Departsnent of Public Works i. Sewer Maintenance Division Gb-73� It is the policy of the Sewer Maintenance Division to assiga overtime in a way wbich is both fair to all employees and efficient for the administration of this division. In order to implement this policy the foliowing guidelines will be used by the supervisor in charge of setting up crews to work overtime. a An OVERTIl!'iE AND CALL OLIT SCHEDLTLE will be maintained. Names wili be listed in order of seniority. This list will be updated periodically. When peopie aze called from this list, they wiil be called by tifle in order of seniority with the following exceptions: 1. A person who is on sick leave will not be called unless no one eise is available. 2. A person who is on vacaHon will not be called unless all people on the list who worked that day are unavailable for overtime. In the case of overtime during the weekend, those peopie who worked on Friday will be called fust. � 3. Peogle paid under a certain title during the workday will be called out for overtime under that title. If enough laborers or service workers cannot be found or if a jet operator is needed, then people who worked a diffetent title that day may be called. 4. If a supervisor gets a call during the workday on a job that may go into overtime, he/she wiil assign the crew that is most available at that time to do the job. 5. If a crew is on the job and that job has to go ittto overtime, that crew wiIl work the overtime. If this happens on a Friday and it will be necessary to work during the weekend, that same crew wili be called first. 'Ihe only exception will be for steaniing during the weekend, in which case crews will be set up by seniority. � c. 6. All persons on light duty will be moved to the bottom of the Overtime and Call Out Schedule. it will be up to the supervisor who checks out the complaint to determine what equipment is needed and to call out a crew to complete the job. Nothing in this policy wi11 prevent a supervisor from deviating from this policy when, in hislher judgment, an emergency exists or it is in the best interest of the division to do so. - El - Appendia E (Continued) 2. Street Maintenance Division a. Week-end and Holiday overtime will be assigned by seniority, from a posted sign-up list. This � grocedure wil2 be used oniy when all H.E.O., *Driver/Operators, "Bid Drivers" assignees and Street Service Workers have been assigned to work 40 hours. The assigned crew that statts a job shal! continue on the job, when overtime is aequired to finish the job. If the job requires the week-end to finish, the origina! assigned crew wi2I be assigned to finish the job. b. *Driver Operators, Heavy Equigment Operators, Street Service Workers or "Bid Driver" assignees temporariIy assigned for more than one week to other divisions (including for this purpose, the asphatt pIant) or to other deparnnents, shall be moved to the bottom of the Sueet Maintenance Division seniority list for purposes of overtime for the durafion of the assignment. c. The Dispatcher will take up to two (2} phone numbers for each empioyee to be put on the seniority list. When work is available the Dispatcher wilI start cailing from the top of the senioriry list. The catls will be made with ao waiting between calis and first to answer will get the work. When a message is left, avaiiable work will go to the fust to respond. d. If an employee is off a day for vacation, floating holiday, or comp time, he(she wili be eligible to be called for overtime work that starts after the conclnsion of the regulaz work day. If an empioyee is off a day for sick leave, he/she will not be calIed for overtime work unril the following day. If an employee is off sick on the last day of the regular work week, he/she may be catied for overtime work, on his/her two regulaz days off, if he(she fias called in to return to work. If that employee, is then off sick on the first day of his/her work week he/she wiil need a� doctor's certificate w be paid for that day. B. Division of Parks and Recreation I. Parks Maintenance Section Overtime assignment within the Parks Department will be made within crews by classification seniorify to employees qualified to do tiie work. Disputes arising from these assignments may be appea2ed up to and including Step (3) of the grievance procedure of this Agreement. a. When overtime is required and a crew does not Itave enough employees to cover the event, the supervisor wilt fill the crew first using crew seniority invoIving employees under lus/her budget authoriry and then will have the option to cboose the crew he/she deems most appropriate. b. For the purpose of ttus section aa employee assigaed to a building or faciliTy aione will be deemed a crew of one. - E2 - Appendix E (Continued) 2. Forestry Section o�-� �y , A sign up ]ist wiil be circuIated prior to each weekend during the storm season. employees that will be available for emergency cali out work during tfiat weekend will so indicate on the sign up sheet. Attempts wiil be made to call out employees in the order of theu seniority, however, conditions may prevail that prevent this in order to provide for a response to an emergency situation. If a crew is on storm damage clean up during normal working hours, that crew may continue after ihe eight hour work day has ceased until the Supervisor dismisses the crew. C. Water Utitity The following procedures will be used to determine the selection of personnel for overtime work assignments. The selecGon of personnel wiil vary somewhat due to varying circumstances. 11us policy shali apply to all bazgaining unit titles. DEFINITIONS: Standazd Overtime List: Weekly on-call overtime list Stand-by Overtime List: List used if the Employer can not get anyone from the standazd list to report. . OVERTIME LIST ELIGIBILITY: There shall be a standazd overtime list and a stand-by overtime list with the night shift and day shifts having sepatate standard overtime lists. 2. A person holding more than one title shall use his/her normal working titie for the standard overtime list and any other tities on the stand-by overtime lists. 3. A person not volunteezing for the standard overtime list with his/her normal working tifle, may be on the stand-by list. If a person is off a day for vacation, floating holiday or compensatory time, helshe wi11, be eligible to be called for overtime work that stazts after the conclusion of their regulaz work day. If an employee is off a day for sick leave, he/she will not be called for overtime work until the following day. If an employee is off sick on the last day of the regulaz work week, helshe may be called for overtime work on hishier two regulaz days off if he(she has called in to return to work. If that employee, is then off sick on the first day of hisJher work week, he/she will need a doctor's certificate to be paid for that day. 5. Personnel assigned to the night shift wili not be on the standard overtime list for days but may be on the stand-by overtime list. -E3- Appendia E (Cantinued) OVERTTME LIST ELIGIBILITI' (Continued) b. An overtime assignment catl-out sheet shall be used for both day and shift avertime call ouu to � verify proper use of the procedures. Anyone intentionatly misusing the overtime palicy shall be subjecYto discigline. OVERTIME LIST SELECTION PROCEDURES — DAY CREWS A person does not have to be on the voluntary standard overtime list, however, if a person is on the list they wiil be required to work when called. Catiing out for overtime shall be done in a cautious and courteous manner. When calling on the phone, the caller should identify themselves and state the reason why the cali is being made. Overtime is important to all and should be treated as such. The foreman should be cailed first as he has to obtain utilities. If there is any question as to the need to work on, overtiaie the circumstactces should be discussed with the foreman before the decision is made to call a crew. An adclitiona130 minutes to catI the resE of the crew should be no problem. Only the Foreman, or Control Desk Worker may actualIy do the calling — it should not be deIegated any further. The form shalt be completely and accurately fiIled in and signed by the caller. Two attempts to a maximum of two (2) numbers, shaI2 be made to calI eacfi person to assure that wrong numbers, busy signals and no answers are double-checked. It is suggested that others be cailed while giving 10 minutes between first and second attempts. A quick response is expected to the overtime offer, so that a crew can be constructed and work will not be � delayed. During the normat work day, it is understood that in some cases, up to an hour may be necessary to contact, family, etc., before the decision to work can be made. However, after 2:00 PM, it is necessary to get an answer within 15 minutes so as not to delay the job as people aze Teavutg for the day . The foreman will, to the eactent feasible, allow employees the opportunity to make a quick pkone call if necessary. The standard overtime list wiy be used for calling out people for overYime. If the person who is up that week cannot work, the other people shaI! be called by rotating through the sfandazd overtime list and if no one is available then the stand-by overtime Iist wiii be used, except if calling for a WC7WII or VJUWI —then the night overtime list will be used, then the day stand-by Iist. Temps will be used as a last resork 2. Ru1es for Standby Overtime: Water System Worker II. After exhavsting the WSW II overtime list, proceed in the followiug sequence: a. Go to the WSW I Standard Overtixne List. b. Go to the Rotating WSW II/A'SW I Standby Overtime List. Water System Worker I. After exhausting the WSW I overtime Iist, proceed in the foilowing sequence: a Go to the WSW II Standazd Overtime List. b. Go to the RoYating WSW II/WSW I Standby Overtime. -TA- Appendix E {Continued) OVERTIME LIST SELECTION PRQCEDURES -- DAY CREWS (Cantinued) c�s-�3 `f ! 3. Personnel will be selected from the overtime lisk for emergency jobs that come in after normai working hoius (main breaks, etc.) or for planned overtime }obs where no crew has previously worked on the project during normal working hours. 4. If a crew cannot comglete a job in normal working hours and the decision is made to continue the }ob into overtime, all crew members are exgected to work the overtime. If grior commitments prolubit crew members from working the overtime, they may be replaced; according to #1 above however, they are to stay on the job until their replacement azrives so as not to delay jab completion. If the,yob will go beyond 2 hours of overtime, any HEO's not on the standazd overtime list shall be replaced at 4:00 p.m. If the job, including the street repair crew, will go beyond 4:00 p.m., ihe Truck Driver (if it is not his week) shall be replaced. Those not holding the proper superc�isor title shall be replaced if possible, the Dispatcher shall switch drivers on jobs between 2:00 p.m. and 4:00 p.m. to allow the driver who is up to be on the overtime job. If this is not possib3e, the replacement driver shali begin at 4:00 p.m. with a different truck. The daytime driver shall be released when the truck is empty (i.e. if the truck is being filled the driver shali be released after emptying at the landfill and if hauling fill to the job the driver shall be released when the fill has been dumped.) If more than one ttuck is naeded for overtime, the overtime list shall be followed as per the above procedures. Other replacement workers will be permitted only in emergencies. If there aze multiple overtime jobs on a normal working day, the truck driver who is on his/her � scheduled overtune week shall be switched to the job anticipated to last the longest. This shal] be done when the job helshe is presently working has been completed, or at some gractical paint. 5. If a crew is working on a project and the decision is made that work will have to be scheduled during overtime hours (due to shutoff compiications, etc.) the crew that is on the job at that time will also work the overtime, except for the Truck Drivers, HEO's and any employee working out-of-title. They will be called off the standard overtime list. If any other members of the crew cannot work the overtime, the vacancy will be filled &om the overtime list. 6. If a job comes in after 2:00 and will result in overtime, it shall be at the discretion of the Superintendent or Assistant Superintendent if #�3 or #4 wili apply. Anyone working overtime through the aight will not be al(owed to work overtime the following night. 8. Temporary workers may not work more than one hour af unscheduled overtime unless no one else is available after following the overtime selection procedures defined in section 1 and 2. If a temposary worker is on a job and needs to be replaced because the job is going to last more than an hour, replacement workers will be called out according to sections 1&2. -ES- Apgendix E (Continued} OVERTIME LIST SELECTION PROCEDURES - NIGHT CREWS Night crews sha11 schedule vacarion so only one employee is off at a fime. If a person is missing on tbe evening � shift and a lazge amount of work is cazried forward from the day siuft into the evenin$, a day shift LTWII may be kept to help cleaz up the backlog or a repiacement called in at management's option (generaily, this witl depend on wfiether or not there aze more tban 2 hours of work}. The single swing shift UWII may or may not be replaced dependiag on worktoad. Again, when and how this replacement is made will be at the option of management as above. If two crew members aze missing from a shift, one repiacement shati be called as following from the night shift overtime Iist: 1} If the CDW and the UWII/CDW are off the CDW is called. 2} If the CDW and UWII are off, the iTWIUCDW works the desk aad a IJWII is cailed. 3) If the UWIUCDW and the IJVJII aze off, a UWII is called. During the period from November 15th to Mazch I Sth, it may be necessary to repiace both emptoyees (all three if all are of� depending on workload on the late and weekend shifts. It is management's intention io maintain a three person crew during this period. This ttuee person crew includes the evening shift Mondaq through Friday IJVJI, and Iate shift UWI if so used. If no one can be found to come ia from the standazd night overtime list, a rep2acement shall be sought from the day standard overtime list, before going to the night sfandby list. � The night crew overtime iist shall rotate as used. DISTRIBUTION DIVISION OVEI2TIME POLICY: The following procedures wiil be used to determine the selection of personnel for overtime work assignments. The selection of personnel wiIl vary somewhat due to circumstances. This policy shall apply to aIl tiUes. New Iists wiIl be established in, March, July, and November of each year in order by seniority and rotated by four months. OVEIiTIME POLICY FQTt THE THAWING RIGS: En the event it is necessary to work overtime to ttiaw frozen sen+ices, the following policy will apply: 1} Generaily, the crew will include one FIeavy Equipment Operator (FiEO), and one Utility Worker II(UWII) and may include one Utility Worker I(UWI). 2} If it is necessary to continae working the rig aftet working a regulaz work day, the crew will be catIed offthe thawing overtime list. 3) For the case of starting a crew during overtime hours, the entire crew will be called off the list. 4? For either case, the usaal rules about maximuai number of hours worked consecutively will apply. - E6 - Appendia E (Continued) OVERTIME POLICY FOR THE THAWING RIGS (Continued) rx� y � 5) The "list" will consist of all those day empioyees holding the above titles who aze interested in working. This list will be developed each November and will be listed in order of seniority in that titie. The list will "rotate", i.e., an employee's name will be moved to the bottom of the list after working or being given an oppommity to work. If no IJWII from days is able to work, a UWII will be called offthe night list. - OVERTIME POLICY FOR WATER DEPARTMENT S130W PLOWING: A list of those HEO's interested in plowing snow on overtime will be developed in order of seniority by November of each year. The list will rotate; each HEO will be moved to the bottom of the list after working or being given an opportunity to work. VADNAIS STATIONBIGHLAND OVERTIME PQLICY: Water Utility Worker I1Cnounds worker The following procedures shall be used to determine the selection of personnel for overtime work assignments. (1) All overtune will be approved by the Watershed Supervisor II. (2) The Watershed Supervisor II will catl personnel for overtime. � (3) Personne] will be called in for overtime based on sQniority defined as combined continuous experience as a Water Utility Worker I or Crrounds worker at VadnaistHighland. T'here are exceptionslclarifications to this rule as outlined below: a. Many of the duties of the Water Utility Worker I's and Csroundsworkers aze similaz. The Grounds worker wili not be calied in when the overtime task involves duties exclusive to the Water Utiliry Worker I title such as reservoir cleaning, conduit work and sludge field gipe work. b. Monday through 1'hursday: If an empfoyee takes time off on a Friday or the day before a holiday and they make it known to the Watershed Supervisor II that they are available for avertime, they wili be eligible for overtime. c. Friday or the day before a holiday: If an employee takes time off on a Friday or the day before a holiday and they make ii laiown to the Watershed Supervisor II that they aze available for overtime, they wili be eligibSe for overtime. d. When a crew is on a job that goes into overtime, that ctew will continue the job until it is suspended forthe day. NOTE: Management reserves the right to operate differentiy from the above Water Utility policies when it is deemed necessary. Every effort will be made to follow the above policies. -E7- MEMORANDUM OF UNDERSTAI�TDING BETWEEN THE CITY OF SAIh'T PAUL AriD Tf� TRI-COTfiCIL LOCAL 120 - LOCAL 49 - LOCAL 132 Selection for Training in the Streets Division C� � The Cit�� of Saint Paul and The Tri-Councii Local 120, Local 49 and Local 132 agree to the following: . r.x� �3Y The Ciry and Tri-Council recogni2e that each parry has specific concems reguding the selection os denial of an employee for a t�aining opportunity. Therefore, the City and Tri-Council agree that upon the receipt of a written request from an employee ��ho feels he!she was denied a uaining opportunity, the Street Division wili provide a wririen explanation of the reasons that went into the selection for the training. This Memorandum of Understanding shall not be used in any way as a binding precedent on either of the patties. �'I�ESSES: FOR THE CIT2' Man Ceame�� pitector of Labor Relations DATE: � d �a THE TRI-COUI�CIL LOCAL 120 - LOCAL 4- LOCAL 132 � .I.�„ Bnd Slawson Business Re ocal 12o DA'TE: p - f- l p �'\ \��•� � � ,� Gereld Dievich Business Manager, Local 132 DATE: �—S'—�8 Business Representative, Locai 132 DATE: � ^ GwC L� Dave Erickson Business Rcpresentative, Loca149 nAr�: b/�/98 ..��� Business Managez, Local 49 DnTE:��3/`l8' __ c�a- � MEMORANDUM OF UNDERSTANAING BETWEEN THE CTTY OF SAINT PAUL A1�TU THE TRI-COUNCIL LOCAL 49, LOCAL 120, LOCAL 132 Sick Leave Policy • The City of Saint Paul (City) and the Tri-Council Local 49, Local 120, Loca1132 (Union) agree to the following: The City and Union recognize the City's right to promulgate Sick Leave policies based on Civii Service Rule Section #20. However, in the interest of Labor-Management cooperation, the parties agree that prior to implementing any new sick leave policies which affect members of the Union, a meet and confer meeting with the Union will be held in order to discuss any new sick leave policy. The Union will be allowed a representative from each affected department to attend any meet and confer meeting as well as business agents for the Locals. This Memorandum of Understanding shall not be used in any way as a binding precedent on either of the parties. This Memorandum of Understanding shall e�cpire on December 31, 2002. FOR THE CITY: 1�� � ! �- Terry tiner Labor Relations Manager FOR THE UNION: `�./�e �� Dave Erickson Loca149 DATE: � ,� o G.VSfiars�LACOMMOMCONfRAC11TItICNCL�20 WNCkimvemw wpd DATE: 7 �Z7�D0 Li�Cl�an/ Tom Ohlson Locai 120 DaTE: 8 - �/-�o /� ���-.., Tom Besaw Local 132 DATE: "� ��6 i mr-7 �Y � ASSIGNMENT GUIDELINES FOR RAKER PREMIUM PAY JIJLY 11. 2000 Senior empioyees shall be awazded preference for Raker duty assignments. 2. Duty assignment shall be limited to those personnel assigned to an office. Assignments will not require transfer between offices or crews. 3. Should duty assignments change during the work day, once crews are assigned, assignments may be made to staff on a crew (i.e. sick leave or other absences from crew, or change in work performed by crew). 4. Management maintains the right to make assignments which vary from these Assignment Guidelines. Examples of such variances may include: a) most senior employee can't do the job, b) manager training a junior employee, c) most senior employee not nnmediately auailable. 5. Disputes regarding the application of these guidelines may be addressed in writing to the Office of Labor Relarions. Labor Relations will investigate and respond in writing to the Union. � Gouncil File # O— 7 y RESOLUTION CiTY OF SAINT PAUL, MINNESOTA OR1GINl�L Green Sheet # 10356 � Ptesented by Refened To Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 May i, 2000 through December 31, 2002 Collective Bazgaining Agreement the City of Saint Paul and the Tri-Council, Laborers Local 120, Loca149 and Local 132. Requested by Department of. Office of J_aboz Relarions By: Form Appra d by C' omey ' B a������ � f � j�C Approved b� ayor for Submission to Council By: e `-�'. By: App� � AdoptedbyCouncil: Date �,„„ �3 �c�op —� � Adoption Certified by Council Secretary � _DEPAR7'MENT/OFFICE/COUNCIL: DATE INiTTATED GREEN SHEET N0 .:10356 O� ���` LABOR RELATIONS July 27, 2000 CONTACT PERSON & PHONE: � INiTUI,mAi'E liviTIAINAI'E - JLTLIE KRAUS 266-6513 a�slcN ��r,�Tn�N �� _ a csrr couricn. � Nphiggg 2 Cl'CY ATTORNEY CTTY CLERK MUSI BE ON COUNCIL AGENDA BY (DATE) FOR BTIMiE7 DIR. FIN. & MGT. SERVICE DIR. ROUTIIVG 3 MAYOR (OR ASST.) �'� � ORDER l� TOTAL tt OF SIGNAtURE PAGES_1 (CLIP AT.L LOCAT[ONS FOR SIGNAT[IRE) ACTION REQIJESiED: This resolution approves the attached May 1, 2000 through December 31, 2002 Collective Bargaining Agreement betcveen ttie City of Saint Paui and the Tri-Council Local 120, Loca149 and Local 132. RECOMIvfENDA7'IONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACI'S MI7ST AIVSWER THE FOLLOWING QUESTIONS: _PLANNING COMMISSION _CIVIL SERVICE COMIvIISSION 1. Has this person/fum ever worked under a contrac[ for this depaztrnent? _CIB WD�IIvtITT'EE Yes No _STAFF 2. Has this persoNfirtn ever been a city employce? DISTRICT COUAT Yu No SUPPORTS WFIICH COIINCIL OBlEC1'f VE? 3. Does this petson/firm possess a skill not nortnalty possessed by any cmrent ciry employee? Yes No Explain aIl yes answers on separate shcet and ahac6 to green sheet . INITIATI!SG PROBLEM, ISSUE, OPPORTUNITY (Who, What� When, Where, Why): The agreement with Tri-Council had e�cpired. The City is required to negotiate with the Bargaining Unit. ADVANTAGESIFAPPROVED: ' An Agreement reach through good faith collecfive bazgaining will be in place through Deeember 31, 2002. � DISADVpNTAGES IF APPROVED. ��` ��� None ��� Q � ��� DISADVANTAGES IF NOT APPROVED The City would be required to reopen negotiations with the Bazgaining Unit. This would strain the relationship with the Bazgaining Unit. TOTALAMOUNI'OFT'RANSACTION: COSTfREVENUEBUDGETED: FUNDING SOURCE: ACTIVITYNUMBER: FAVANCIAL IlVFORMATION: (EXPLAIl� a 0 0 -�t3�i ATTACFIMENT TO THE GREEN SHEET COLLECTIVE BARGAINING AGREEMENT WITH THE TRI-COUNCII. Below is a suminary of the changes in the Collective Bazgaiuiug Agreement between the City of Saint Paul and the Tri-Council (Loca149, Loca1120, Local 132). Duration: May l, 2000 through December 31, 2002. This is a two year, eight month agreement which moves the Tri-Council onto a calendar year cycle like most other bargaining units. This change was negotiated to allow easier admuustration of the agreement in future years. This is the first collective bargaining agreement that covers the year 2002. Wa�es: July 1, 2000: 2.5°lo increase July 1, 2001: 2.75°lo increase 7an, 1,2002: 3%increase In addition to the above, the titles of WS WII, Water-Control Desk, and Crew Leader received an additional $0.251hour increase. Insurance• Contributions for 200� remain in place: $211.62 for single, $391.67 far family. 2001 Single_ $211.62 plus an increase up to $40.00. If the single increase is mare than $40.00, the City will pay 50% of the excess over $40.00. Family: $391.67 plus the increase in single inst�rance up to $40.00. If the increase is more than $40.00, the City will pay 50% of the excess over $40.00. 2002 Single: The 2001 single contribution pius an increase up to $40.00. If the single increase is more than $40.00, the City will pay 50% of the excess over $40.00. Family: The 2001 family conh plus 60% of the family premium increase for 2002 up to $60.00. If the increase exceeds $100 the City will pay 40% of the excess increase. The 2001 and 2002 contributions will be effective on January 1�` of each year since the Tri- Council is now on a calendar year. The 2001 contribution increase follows the same pattern as previously negofiated agreements with other bazgaining units. dQ ��3�r Deferred Comnensation: Contributions for employees with ten yeazs of service were increased from $200(year to $4001yeaz. Contributions for employees with twenty yeazs of service were increased from $400lyeaz to $6001year. Significant language changes were agreed to which will allow easier aduiinistration but not change eligibility requirements. Uniforms- Uniform allowances for emplayees in the Water Department who are required to weaz a specified uniform were increased from $125/yeaz to $175/year in exchange for the revision of Overtime/Staffmg language which will allow more operational flexibility. Safety Shoes: Reimbursement of safety shoe expenses was increased from $SO.00lyear to $75.00 with a maximum cartyover of $150.00. Employees who wear Kevlaz safety boots will receive an addirional $25.00lyeaz and will be allowed to cany over a m�imum of $200.00. Premium Pav: Premium Pay for three duties was changed from a fixed dollaz amount to a percentage. Raker: 3% Tac Man: 6% Oiler: b°!o Leave of Absence: Employees who take a LOA to work as a full-fime union official will be allowed to accrue up to three years of time toward meeting Retiree Insurance and Deferred Compensation guidelines. An employee who serves more than three yeazs working far the union will have an option to purchase Retiree Insurance coverage for $300.00lmonth and have it applied toward the Retiree Insurance guidelines. Flexible Spending Account: Employees wili no longer be charged for participating in this program. LanguaEe Changes: Eligibility for retroactivity was clarified as only being available for those employees employed by the City at the time of signing the contract (Temporary employees excepted). Other changes to the language aze basically of a housekeeping nature for clarification and ciean up. -� . oo _�3y ,� `. MAY 1, 2000 - DECEMBER 31, 2002 COLLECTIVE BARGAINING AGREEMENT � � . _ � " � � BETWEEN � � � . � � - • - THE CITY OF SAINT PAUL _: � r . �_ � _ - - _A1VD � � � - � _ . � T�E. �'I�I-COUNCIL - - ' LOCAL 120 LfOCAL 49 = AND LQCAL:132 _ _, INDEX c�-73Y .ARTICLE TITLE PAGE Principies..............................................................1 1 Recognition ............................................................2 2 Maintenance of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Union Rights ...........................................................3 4 Payroll Deduction .......................................................3 5 Management Rights ......................................................3 6 Safety ..•••••••-•• .....................................................4 7 Discipline Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Hours, Overtime, Snowpiowing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Insurance ..............................................................? 10 Employee Rights-Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 I1Seniority ..............................................................14 12 Vacation ..............................................................16 13 Holidays ..............................................................1'I 14 Jury Duty .............................................................18 15 Severance Pay .........................................................IS • 16 Wages ................................................................21 17 Savings Clause .........................................................21 18 Jurisdiction ............................................................21 14 Sick Leave ............................................................21 20 PazentaiLeave .........................................................22 21 LegalServices .........................................................23 22 Stdkes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 23 Deferred Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 24 Termsof Agreement ....................................................24 Appendix A Wage Schedules, Premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Al Appendix B Temporary Employees Wage Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BI Appendix C Driver Operator Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cl Appendix D General Policies Regarding Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D1 Appendix E General Policies Regazding Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . El IJ i ou-73y PRINCIPLES Tkus Agreement is entered into to facilitate the adjustment of grievances and disputes between the � Empioyer and Employees to provide, insofar as possible, for the continuous employmeni of labor and to establish necessary procedures for the anucable adjusiment of all disputes wluch may arise between the Employer and the Union. The Employer and the Union encourage the highest possible degree of practical, friendly, cooperarive relationships between the'�r respective representatives at all levels. The officials of the Employer and the Union realize that this goal depends primarily on cooperative attitudes between people in their respective organizations and at all levels of responsibility, and that proper attitudes must be based on full understanding of and regard for the respective rights and responsibilities of both the Empioyer and the Employees. Theze shall be no discrimination against any employee by reason of creed, sex, disabiliry, or Union membership. The Employer and the Union af£rm their joint opposition ta any discruninatory practices in connaction � with employment, promotion, or training, remembering that the public interest remains in fuli urilizatian of employees skill and ability without regazd to consideration of national origin, age, sex or disability. , -1- � a� 73y ARTICLE 1 - RECOGNITION i.l The Employer recognizes the Union as the sole and exclusive collective bargaining agency for all � empioyees that have been certified by the State of Minnesota, Case No. 73-PR-427-A, as follows: All employees of the City of Saint Paul in the classifications of AsQhalt Plant Operator, Bridge Crew Leader, Bridge Maintenance Worker, "Dtiver-Operator, Driver-Operator--Water Utility, Forestry Crew Leader, Cmrden Laborer, Gardener, Golf Ranger, Cnounds Crew Leader, *Groundsworker, *Cstoundsworker—Water Utility, Heavy Equipment Qperator, Heavy Equipment Operator—Asphalt Plant, Heavy Equipment Operator--Water Utility, Jet Sewer Cleaner Operator, Labor Crew Leader, Lead Gardener, Modified Duty Worker—Laborer, Park Aide, Parks Worker, Revolving Power Equipment Operator, Sewer Crew I,eader, •Sewer Maintenance Laborer, Sewer Services Workez, Stores Laborer, Street Services Worker, *Trnctor Operator I, Tree Worker, •ITnskilled Laborer, Water Service Worker--Control Desk, Water System VJorker I, Water System Worker II, Water Ulility Worker I, and Water Utility Worker II who work more than 14 hours per week and more than 100 work days per year, excluding Supervisory, Confidential, temporary, emergency, and empioyees exclusively represented by other labor or employee organizations. The parties agree that any new classifications which are an expansion of the above bazgaining unit or which derive from the ciassifications set forth in this Agreement shall be recognized as a part of this bazgaining unit, and the parties shall take all steps required under the Public Employment Relations Act to accompiish said objective. •I .2 The Employer agrees not to enter into any conuactually binding agreements with any employee or representative not authorized to act on behalf of the Union. There shall be no individual agreements with any empioyees that conflict with the terms of this Agreement, and any such agreement or conuact shall be null and void. 1.3 The Employer agrees ta give the Union the right to supply fifly percent (50%) of ail new qualified refenals for work as temporary employees. ARTICLE 2- MAINTENANCE Ok' STANDARDS 2.1 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations and all other general working conditions shall be maiatained at not Iess than the ivghest minimum standazd as set forth in ihe Civil Service Rules of the City of Saint Paul and the Saint Paul Salary Pian and Rates of Compensation at the time of the signing of ttus Agreement, and the conditions of employment shalI be improved wherever specific provisions for improvement aze made elsewhere in this Agreement. I� -2- ARTICLE 3 - UNION RIGHTS 3.1 The Union may designate employees from within the bazgaining uait to act as Stewards and shall inform the Employer in writing of such designations. Such employees shali have the rights and responsibilities � as designated in Article 1 �(GRIEVANCE PROCEDUREj. There shall be no more thaa one Stewazd from each local involved in any one speci&c grievance. 3.2 There shatl be no deduction of pay from 3tewazds when directly involved in meetings with management during working hours for grievance procedures. 3.3 Designated Union Representatives shall be permitted to visit empIoyees on job sites and at department buildings during working time. ARTICLE 4 - PAYROLL DEDUCTION 4.1 The Employer shatl, upon requesc of any empioyee in fhe unit, deduct sucfi sum as the Union may specify for the purpose of initiation fees and dues to the Union, providing the Union uses its best efforts to assess such deductions in as nearly uniform and standard amounts as is possble. The Employer shall remit monthiy such deduction to the appropriate designated Union. 4.2 Tn accordance with M.S.A. 179.65, Subd. 2, the Employer agrees that upon notificatioa by the Uniott, the Employer shalt deduct a fair share fee from all certified employees who aze not members af the exctusive representative. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations andi adminisiration of grievance procedures. 4.3 The Union authorizes deduction of forty dollazs ($40.00) bi-weekIy, from employees who are members of Laborer's Loca] #132 who already have pension credits in the Union's Pension Fund and choose to participate in the iJnion's Pension Fund. 'I'he Employer wiII forward this to the Union's Pension Fund. The Union is to provide the Employer a list of eligible members. 4.4 The Union will indemnify, defend and hold the Employer haanless against any claims made and against any suits instituted against the Employer, its officers or employees, by reasoa of negtigence of the Union in requesting or receiving deductians under ttus Article. 'Fhe Empioyer will indemnify, defend and hold the Union hannless against any clauns made and against any suits instituted against the Union, iu officers or empIoyees by reason of negligence on the part of the Employer in making or forwazding deductions under this ArticIe. ARTICLE 5 • MANAGEMENT RIGHTS 5.1 The Union recognizes the right of the Employer to operate and manage its affairs ia all respects in accordance with applicable laws and regulations of appmpriate authorities. The rights and authority wIuch the F.mployer has not officially abridged, delegated, or modified by this Agreement are retained by the Employer. - -3- v ' ARTICLE 5- MANAGEMENT RIGHTS (Continued} ��� - 5.2 A pubiic Employer is not required to meet and negotiate on tnatters of inherent manageriai policy, which include but aze not limited to, such azeas of discretion of policy as the functions and programs of the � Employer, its overall budget, utilization of technology, and organizational structure and selecfion and d'uection and number of personnel. ARTICLE 6 - SAFETY 6.1 Accident and injury &ee operations shatl be the goai of all Employers and employees. To this end the Employer and employee will, to the best of their ability, abide by and live up to the requirements of the several State and Federal Construction 5afety Codes aad Regutations. 6.2 To this end the Employer shall from time to rime issue rules or notices to his employees regazding on the job safety requ'uements. Any empioyee violating such rules or notices shall be subject to discipIinary action. No employee may be discharged for refusing to work under unsafe conditions. 63 Such safety equipment as required by govemmental regulation, shall be provided without cost to the employee. At the Employer s option, the employees may be required to sign for safety equipment and shall be obligated to retum same upon discharge, layoff, quit or other temunation in compatable condition as when issued, providing reasonabfe weat and teaz. The Employer shall have the right to withhold the cost of such safety equipment if not returned. 6.4 The Employer ag�ees to pay $?5.00 per calendar year towazd the purchase of one pair of safety shoes by • an employee who is a member of this unit. The Employer shall contribute toward the purchase of one pair of shoes per calendar year and shall not be responsible far any additional cost for that year. Employees may cazry over, up to a totai of $150.00 for the purchase of shoes. Reimbursement shall be made oniy afrer investigation and approval by the immediate supervisor of the employee. This oontribution shall appiy only to employees who aze required by the Employer to wear protecrive shoes or boots. In addition to the regulaz safety shce reimbursement, employees who weat Kevlaz boots as part of their regulaz job duties will receive an additional $25.00 per calendar year for the purchase of Keviar safety boots. Such employees will be allowed to cany over, up to a total of $200.00 for the purchase of Kevlar safety boots. `I'be Employer will determine who is eligible for this additional reimbursement. 6.5 The City shall furtush unifotms at no cost to the employees who work ia the Sewer Division of the Public Works Department. b.b T'he Water Utility will provide at it's expense an initial uniform to employees required to weaz a uniform. Effective January 1, 2000 the Water Utility will reimburse these employees ug to $175.OQ annually per calendar yeaz beginning the year after the employee's initial issue. Employees must present receipts to be reimbursed. -4- ARTICLE 7 - DISCIPLINE PROCEDURES 7.1 The Employer will discipline employees for just cause only. Discipline will be in the form of: A. Oral reprimand; � 7.2 7.3 B. Written reprimand; C. Suspension; D. Reduction; E. Discharge. Suspensions, reductions and discharges wilI be in written form. A notice in writing of suspensions, reductioas and dischazges shalI be sent to the empioyee and the Union within seventy-two (72) hours after suck action is taken. 7,4 Discharges wili be preceded by a five (5) working day preliminary suspension without pay. During said period, the employee and/or Union may requesi, and shatl be entitled to a meeting with the Employer representative who initiated the suspension widx intent to discharge. During said five (5) working day period, the Employer may affirm the suspension and discharge in accordance with Civil Service Rules or may modify, or withdraw same. 7.5 Grievance zelating to this Article shall be grocessed in accordance with the grievance procedure imder Article 10. ARTICLE 8- HOURS, OVERTIME, SNOWPLOWING 8.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute Iunch period, except for employees assigned to the 4/40 shift where the normai work day shall be ten (10} consecutive hours per day, excluding a thi.rty (30) minute lunch period. The normal work week shall be five (5) consecutive normal work days in any seven {7) day period except for employees assigned to the 4/�10 shift where tiie normal work week shall be four consecutive Yen (I O) hour work days in any seven (") day period. (For employees oa a shifi basis this shall be consuued to mean an average of forty hours a week.) 8.2 Except in cases of emergencies, the Employer shall notify the affecYed employees of an intention to change a shift at least 24 hours prior to the beginning of the new shift. 83 Employees shalt report to work location as assigned by a designated Employer supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the Employer. Management shall provide transportatian or allow travel time withiu normai working hours to the new work location. . 8.4 Cail-in-Pay. When an employee is called to work he/she sha1T receive two hours pay if not put to work. If he/she is catled to work and commences work, he(she shali be guaranteed four straight time hours pay. ` � -5- v " ARTICLE 8- HOURS, OVERTIME, SNOWPLOWING (Continued) ar 7 �� &.5 Overtitne. Time on the payroll in excess of the normal hours set forth above shall be "overtune work" and shall be done only by ozder of the head of the department. An empioyee shall be recompensed for i work done in excess of the normal hours by being granted compensatory time on a rime and one-half basis or by being paid on a time and one-hatf basis for such overtime work. Empioyee may express a written preference for the method of overtime payment, however, the basis on which such overtime shall be paid shall be determined solely by the fimployer. The time and one-half oaertime rate shall be based on the total rate, including any premium pay, being eamed during the overtime hours worked. 8.6 The two (2) work breaks shall not exceed fifteen (15) minutes from the time the employee stops working until he/she resumes work, and shall be taken in close pmacimity of the employee's work station. 8.7 Employees who are unable to report for their normal work day have the responsibility to notify theiz supervisor of such absence as soon as possibie, but in no event later than one-half hour before the beginning of such work day. Failure to make such notification may be grounds for discipline. 8.8 The following will be the procedure for filling snowplowing or sanding needs. A. All listed categories of City employees will be offered one shift before any receive a second shift. B. For purposes of a declazed snow emergency, both the night and day phases shall be considered shifts falling on the date of the day phase. Personnel shall be assigned to one of the two phases in the priority order shown below provided that no overtime shift results. C. In the event that overtime shifts are neetied to fill any assignment, overtime shifts shall be i offered in the same priority order. D. Order to be calied. 1. Regular full-time Driver Operators, Heavy Fquipment Operators, "Bid Driver" assignees and Street Service Workers on normally scheduled shifts. 2. Driver Operators, Heauy Equipment Operators and "Bid Driver" assignees on layoff. 3. Street Services Workers on layoff. 4. Sewer Services Workers. 5. Jet Sewer Cleaner Operators. 6. Bridge Mauttenance Workers. 7. Crew Leaders. 8. Qther permanent Tri-Council members. 9. All other qualified Public Works volunteers on normally scheduted shifts. 10. Qualified temporazy Tri-Council members. -6- ARTICLE 9 - INSURANCE Active Employee Insuranee 9.1 1'he insurance plans, premiums for coverages and benefits contained in the insurance plans offerec3 by � the Employer shali be soiely controlled by the contracts negotiated by the Employer and the benefrt providers. The Employer will attempt to prevent any changes in tfie benefits offered by the benefit providers. However, the employees selecting the offered pians agree to accept any changes in bene$ts which a specific provider implemenis. iRS mles and regulations shall govem the Employer provided health and welfaze benefit progrdm. 9.2 Ef�'ective for the January, 2000 insurance premiums, for each eligible employee covered by tiris agreement who is employed full-time aad who selects employee health in�,�Tance coyerage pzovided by the Empioyer, the Employer agrees to contribute the actual mon#hly cost of the 2000 single heatth insurance premium ($211.62). For each eligible fiill-time employee who selects family health iasuraace coverage, the Employer wiIl contribute the 1999 Employer contribution amount plus 50% of the 2000 family health +nM��*+ce gremium increase (total of $391.67), each month toward the cost of the famiIy health insurance premium. 9.3 Effective for the January, 2001 insurance premiums, for each eligible emptoyee cavered by this agreemenz who is employed full-time and who selecu single employee health insurance coverage provided by the Fsnployer, the Employer agrees to contdbute $211.62 per manth plus any increase ia the 2Q01 single health insurance premium up io $40.00 per month. If the 2041 single health insurance premium increase is over forty ($40A0) dollazs, the Employer wilt contribute 50% of the amount over • forty ($40.00) dollars. For each eligible full-time employee who selects family health insurance coverage, ihe Employer will conh $39I.67 plus an amount equal to the 2001 singte heatth insurance premium increase up to forty ($40.00) dollazs. If the 20Q1 single health insurance premium increase is over forty ($40.00) doIlazs, the Employer wili contribute 50% of the aatount over forty ($40.00) dollazs. 9.4 Effective for the January, 2d02 insurance premiums, for each eligible employee covered by this agreement who is employed futl-time and who selects sutgle esnployee health insurance coverage provided by the Employer, the F,mployer agrees to contribute the 2001 contribution plus an increase up to forty ($40.OQ) dollars per month. If the single health in�,�,�nce premium iacrease for 2001 exceeds forty ($40.00} per month, the Employer will contribute 50% of the amount over forty {$40.00) dollazs. For each eIigible full-time employee who selects fanuly heatth insurance coverage, the Employer will contribute the 2001 contribuuon plus 60% of the family premium increase in 20Q2 up to $60.04. If the 2002 family premium increase exceeds $ I00, ihe City will pay 40% of the excess increase. 4.5 If in either year the number of plans increases, the increase will be based on the average premium. -�- �,-73y ARTICLE 9 - INSURANCE (Continued) 9.6 For the purpose of this Article, full-time employment is defined as appearing on the payroll at least 32 • hours per week or at least 64 hours per pay period excluding overtime hours. 9.7 For each eligible employee covered by this Agreement who is empioyed hatf=time who selects employee insurance coverage, the Employer agrees to contribute fifty percent (50%) of the amount contributed for fuli-time employees selecting employee coverage in the same insurance plan. For each half-time empioyee who selects family inc���ce coverage, the Employer will contribute $fty percent (50%) of the amount contributed for full-time employees selecting family coverage in the same i.,��*a�ce plan. For the purpose of this Article, half-time employment is defined as appearing on the payroll at least 20 hours but less than 32 hours per week or at least 40 hours but less than 64 hours per pay period excluding overtime hours. An employee will be considered haif-time only if such employee is assigned to a position which is regularly assigned half-time hours. 9.8 For each eligih]e employee the Employer agrees to conhibute the cost of $15,000 of life insurance coverage. Refiree Insurance 9.9 Empioyees who retire must meet the following conditions at the time of retirement in order to be eligible for the Employer contributions, listed in Sections 9.10 and 9.11 below, toward a health insurance plan offered by the Employer: . A. Be receiving benefits from a public employee retirement act at the time of retirement, and B. Have severed hislher relationship with the City of Saint Paul for reasons other than misconduct, and C. Have completed at least 20 years with the City of Saint Paul, and a. If an employee takes a leave of absence to serve as a full-time union official, time served in such capacity, up to three yeazs wi11 be applied towazd meering this 20 year requirement. b. If an employee serves in that capacity for more than three yeazs, the additional time may be purchased upon return to City service for $300.00 per month and applied to this 20 yeaz requirement. D. Were hired prior to January i, 1996. Early Retirees 9.10 This Section shall apply to full time employees who: A. B. C. D. E. / Reeire on or after January 1,1996, and Were appointed on or befare DecemUer 31,1995, and Have not attained age 65 at retirement, and Meet the terms set forth in Section 9.9 above, and SeIect a health insuraace plan offered by the Employer -8- ARTICLE 9 - INSURANCE (Contiaued) Unril such employees reach sia�ty-five (65) yeazs of age, the Employer agrees that for retirees selecting single coverage, the Employer will provide the sazne contribution as is provided for active emgloyees . selecting single coverage under this agreement. Tius amaunt, however, shatl not exceed $350 per month. For employees selecting family heatth insurance coverage, the Employer will con�ibute $350 per month towazd the premium for family health insurance coverage. Any unused portion of the Emp2oyer's contribution shali not be paid to the retiree. VJhen such eazly retiree attains age 65, the provisions of Section 9.11 will apply. Regular Retirees (Age 65 and over} 9.11 This Section shall apply to fvll time employees who: A. Retire on or after 7anuary 1, 1996, and B. Were appointed on or before December 31, 1995, and C. Have attained age 65 at retirement, and D. Meet the terms set forth in Section 9.9 above, and E. Select a health insurance plan offered by the Employer The Employer agrees to contribute a maximum of $550.00 per month towazd the premium for single or family health insurance coverage offered by the Employer to regular retirees and their dependents. Any unused portion of the Empioyer s contribution shatl not be paid to the retiree. This Section shalI also apply to early retirees who retired under the provisions of Section 9.10 when such retirees attain age 65. 9.I2 A retiree's participation in the Ciry's heatth insurance ptan mvst be continuous. If a retiree chooses not to participate at the tnne of hisJber retirement or if a retiree discontinues his/her participation, such retiree will not be eligible for any future participation or for any Employer contribution. 9.13 In the event of the death of a retiree who was hired on or after May 1,1992 and who is pazticipatiag in the City's health insurance program, the surviving spouse or dependent of the deceased may continue to participate in ttte City's health insurance plan at their/her own cost. Eligibility to continue to participate shall terminate when such spouse or dependent remarries or becomes eligible for group heaIth i„co*ance through any employer. Survivor Insurance 9.14 The surviving spouse of an employee carrying family coverage at the time of hislher death due to a job connected injury or illness which was determined to have arisen out of and ut the course of his/her employment under worker's compensation law shail continue ta be eligib2e for ciry contribution in the same proportions as is provided for retired employees. - -9- oo� y ARTICLE 9 - INSURANCE (Continued) In the event of the death of an eazly retiree or a regular retiree, the dependents of the refuee shall have � the option, within thirty (3Q) days, to continue the current hospitalizafion and medical benefrts which said dependents previously had, at the premium and Employer contribution accorded to the eligibie deceased retiree. It is further understood that coverage shall cease in the event of: A. Svbsequern remazriage of the surviving spouse of the deceased employee or retiree. B. The employment of the surviving spouse or dependent where heaith insurance is obtained through a group program provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. 9.15 A retiree may not cazry hisfher spouse as a dependent if such spouse is also a City retiree or City Bmployee and eligible for and is enrolled in the City health insurance prograzn. 5easonal Layoff 9.16 Effective for the May, 1997, insurance premiums, for each eligible employee covered by this Agreement who is employed full-time and who selects health insurance coverage provided by the Employer, and who is placed on seasonal layoff, the Employer shall, for up to five months of layoff, • conuibute $191.40 per month towazd the cost of the single heaith insurance premium or $349.85 per month toward the cost of the family health insurance premium, regardless of whether or not such employee has worked the appropriate hours within the qualifying pay period. Effective for the January 1998 insurance premiums, the contribution for the single health insurance premium shall be changed to $178.95 per month toward the cost of the single health insurance premium, and the contribution toward family coverage shail be increased by 50% of the 199% family heaith insurance premium increase. Effective for the January 1999 insurance premiums, the contribution for single coverage shall be changed io reflect the dollar amount of the single health insurance premium, and the coniribution toward the family health insurance premium shall be increased by SQ% of the 1999 family health insurance premium increase. Effective for the 3anuary 2040 insurance premiums, the contribution for single coverage shall be changed to zeflect the dollaz amount of the single heaith insurance premium, and the contribution towazd the family health insurance premium shall be increased by 50% of the 2000 family heaith insurance premium increase. ' -10- ARTICLE 9 - INSURANCE (Continued) MisceBaneous 9.17 Pagers may be issued to Street Services Workers who are placed on seasonat layoff and are receiving the � seasonal health insurance benefit as provided in Article 9.I6. Laid off employees who are issued pagers will be expected to respond to pages from the employer. 9.18 The contributions utdicated in this P,rticle 9 shall be paid to the Employer's Group Heaith and Welfaze Plan. 9.19 Any cost of any premium for any City-offered Employee or family insurance coverage in excess of the dollar amaunts stated in ttris Article 9 shall be paid by the Employee. 9.20 Any EmpIoyee having ten or more years of service with the Employer who becomes ill or iajured so as to be unable to eontinue working and has e�chausted ali his/her sick leave and vacation shal� be eligible for City paid health and welfaze benefits for a maximum of three years. 9.21 The Employer will provide a system whereby the employee's contribution towazd the premiums for the employee selected health insarance coverages will be paid on a pre-tax basis. Employ°ees covered by tlus Agzeement will be eligibie to participate in 2he Flexible Spending Account and the Dependent Care Reimbursement Account as offered by the Employer. The service fee charged to participating emptoyees in either of these Accounts shalt be paid by the Employer. 9.22 Any employee who is receiving benefiis under the terms of this contract and instead of layoff takes a, voluntary reduction to Pazk Aide, to continue working during ttie winter, shall continue to receive the benefits available to his/her permanent title. 4.23 All Season Full Time Pazk Aide: A. The Pazks Departcuent will identify ihe number of All Season Full Tnne Park Aide positions needed for full time employment by September of each year. The Degarnnent wiIl choose first: I. Laid off Pazks Workers who take a reductioa to Park Aide; then if necessary 2. Park Aides designated A21 Season Full Time Park Aide; then if necessary 3. Qualified Pazk Aides by Seniority. B. Any Park Aide who accepts fulI time winter employment {AIi Season Fu11 Time Pazk Aide) by the parks Deparhaent, will be eligible for single health insurance coverage as provided in Articles 9.1 through 9.5 of lhis contrad beginniag in January following the offer of winter employment and continuing for all consecutive months worked as an AlI Season Futl Time Pazk Aide. 9.24 The provisions of this Articie 9 shatl not apply to employees ia the tides of Golf Ftanger and Park Aide. - -1i- `• ARTICLE 10 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE �"��y 10.1 T'he Employer shall recognize stewards selected in accordance with Union ruIes and regulations as the grievance representafive of the bargaining unit. The Union shall notify the Emplayer in writing of the • names of the stewazds and of theit successors when so named. 10.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibiiities of the emgloyees and shall therefore be accomplished dvring working hours only when consistent with such employee duties aad responsibilities. The steward involved and a grieving employee shalt suffer no loss in pay when a grievance is processerl during working hours, provided the steward and the employee have noti&ed and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 103 The procedure established by this Article shall be the sole and exclusive procrd�re for the processing of grievances, which are defined as aa alleged violation of the terms and conditions of this Agreement. 10.4 Grievances shall be resolved in conformanc� with the following procedure: Step I. Lipon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the marier is not resoived to the employee's sarisfaction by the informal discussion it may be reduced to writing and refened to Step 2 by the Union. Tfse written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement • not reduced to writing by the Union within seven (?) calendar days of the first occurrence of the event giving rise to the grievance or with the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a designated Employer supervisor shali meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall repiy in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in wziting to Step 3 within seven {7) calendar days following receipt of the Employer's written answer. Any grievance not referred in cvriting by the Union within seven (7) calendar days foUowing receipt of the Employer's answer shall be considered waived. Step 3. Within seven (7) calendaz days following receipt of a grievance referred from Step 2 a designated Emptoyer supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the Employer shall reply in writing to the Union stating the Employer's answer concerniug the grievance. If, as a resu]t of the written response the grievance remains unresolved, the Llnion may refer the grievance to Step 4. Any grievance not refeaed to in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. -12- ARTICLE 10 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE {Continaed) Optional Mediation 1) If the grievance has not been satisfactority resolved at Step 3, the Union may, within ten • (10) calendaz days, request mediation. If Management agrees that the grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediarion Services for the assignment of a mediator. Grievance mediation shall be completed within tturty (30) calendar days of the assignment. 2) Grievance mediafion is an optionaI and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is iavoked, the contractuai time Iimit for moving the grievance to arbitration shali be delayed for the period of inediation. 3) The grievance mediation process shail be informai. Rules of evidence shall not apply, and no record sha11 be made of the proceeding. $oth sides shall be provided ample opportunity to present the evidence and azgument to support their case. The mediator may meet with the parties in joint session or in separate caucuses. 4} At the request of both patties, the mediator may issue an oral recommendation for settlemeni. Either party may request that the mediator assess how an azbi�atar xttight rule in this case. 5) The grievant shall be present at the grievance proceeding. If the grievance is resolved, • the grievant shall sign a statement agreeing to accept Ltie outcome. Unless the parties agree otherwise, the outcome shail not be precedential. 6) If the grievance is not resolved and is subsequent�y moved to azbitration, such proceeding shall be de novo. Nothing said or done by the par�ies or the mediator during grievance mediation with respect to their positions conceming resolution or offers of seitlement may be used or referred to during arbitrauon. Step 4. The arbivation proceedings shail be conducted by an arbitrator to be selected from a permanent panel of five (Sj arbitrators. Arbitrators shall be seIected by lot within twenty (20) work days after notice has been given. The permanent panel of arbitrators shatl be mutuaIly agreed to by the Employer and the Union no later thaa sixty (60) days af4er the signing of this Agreement. In tlze event the EmpIoyer aad the Union have not agreed to five (5) azbitrators for the pertnanent panel, the parties will petition the Director of the Bureau of Mediation 5ervices for a list of sevea (7) arbitrators. The parties shail altemately stritce names from such list(s), the Emptoyer shiking first, until one (i) name remains. � -13- 00-73' f �' ARTICLE 10 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Continned) - 10.5 • The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Ageement. The azbitrator shall consider and decide only the specific issue submitted in writing by the Empioyer and the LInion and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or vatying in any way the applications of laws, rules, or regulations having the force and effect of law. The arbittator's decision shall be submitted in writing within ihirty (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 shatl be based solely on the azbivator's interQretation or application of the express terms of this Agteement and to the facts of the grievance presented. The decision of the azbitcator shatl be final and binding on the Employer, the Union, and the employees. 10.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Uniott, provided that each pariy shali be responsible for compensating its own zepresentatives 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 tecord. 14.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. 10.8 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 deternuned by this grievance procedure it shall not again be submitted for arbitration . under the Civi] Service Rules. lf an issue is determined by the provisions of the Civil Service Rules it shal] not again be submitted for arbitration under this grievance procedute. ARTICLE 11- SENIORITY 1 l.l Seniority, for the putpose of this Agreement, shall be defined as follows: A. "City Seniority" - T'he length of continuovs, regulaz and probafionary service with the Employer from the date of employment in any and all class titles. B. "Class Seniority" - The length of continuous, regulaz 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 class seniority is confined to the cutrent class assignment held by an emgloyee. For Employees with dual tifles, class seniority will be defined as the class tifle assignment for the day assigned and wili continue to be that ciass tifle until the next regulaz assigned shift. I7uring a declared emergency when the assigned shift is finished, those who hold dual titles, such as Heavy Equipment Operator and Driver Operator, will revert to the lower title in order of the'u seniority in that tiUe. II -14- ARTICLE I1- SENIORITY (Continued) C. If an employee reqnests reverse seniority for the winter season he/she will be placed at the bottom of the seniority list. An employee's reqnest must be submitted by October 15 of each � year. All employees who have opted for reverse seniority will be returned to their originat seniority on the caII back Iist when tl�e weather aIIows the empIoyer to begin normal spring/summer operations, or on April 1 of the following year, wlrichever comes first. Pazks Workers or Grounds Workers opting for reverse seniority wi11 be pIaced at the bottom of the combined Parks Worker/Grounds Worker seniority list duriag the lay off- period. 2. Driver-Operators, Bid Drivers or Public Works Labarers opting for reverse seniority will be placed at the bottom of the Stneet Services Worker winter call in seniority list after any Street Services Worker has opted for reverse seniority. 11.2 Seniority shall terminate when an employee retires, resigns, or is discharged. 11.3 A. In the event it is detemuned by the Employer that it is necessary to reduce the work force, employees will be laid off by class title within each division based on inverse length of "Class Seniority." Recail from layoff shati be inverse order of layoff, except that recatl rights shall expire afrer two years of layoff. B. In cases where there are promotional series, such as Unskilted Laborer, Crew I,eader, etc., when the number of employees in these higher titles is to be reduced, employees who have heid Iower tiiles which are in this bazgaining unii will be offered reductions to Yhe highest of these titles to • whzch ctass seniority would keep them from being taid off, before layoffs are made by aay class fit3e in any deparfinent C. It is further understood that a laid off employee shail have the rig�t to placement in any Iower-paid class title in tius hazgaining unit, provided said employee has been previously certified and appointed in said lower-paid class tifle. In such cases, Yhe employee shall first be ptaced on a reinstatement register and shall have "Ctass Seniority" based on the date originally certified and appointed to said cIass. Empioyees may also apply for positions in a lower class but may, nevertheless, return to original class as provided in paragraph (A} above. D. The provisions of Appendiac C shali apply to the ciassification of Driver Operator. 11.4 To the extent passible, vacation periods sha11 be assigned on the basis of "Class Seniority", within each class, by division. It is, however, understood that vacation assignments shall be snbject to the ability of the Employer to maintain operations. 11.5 Fromotions shall be handled in accordance with cuaent Civil Service Ru1es and practices. However, ihe Water Utility may promote and assign a member of a rofating emergency or night crew hoiding the secondary title of Water Service VJorker-Control Desk 2o a temporary Water Service Worker-ConuoI Desk vacancy on his assigned crew without reference to his seniority in that title. Regutaz permanent promotions will continue to be made in order of seniority in tide. _ -15- ' ARTICLE 11 - SENIORITY (Conrinued) - 11.6 When a seniority list is being used to call in employees for overtime, once the list is e�chausted, the emgloyer shall order employees, in reverse order of seniority, to report to work. � ARTICLE 12 - VACATION �-�3�f 12.1 Vacation credits shall accumulate at the rates shown below for each full hour on Yhe payroll, excluding overtime. Years of Service 1 st year thru 4th yeaz Sth year ttuu 9th year IOth yearthru 15th year 16th year tfiru 23rd year 24th year and thereafter Hours of Vacation .0385 (10 days} .0616 (16 days) .0731 {19 days) .0885 (23 days) .1400 (26 days) 12.2 The head of ihe departmeni may permit an emgloyee to catry over one hundred and twenty (120) hours of vacation into the following "vacation year". For the purpose of this article the "vacation year" shall be the fiscal year (IRS payroll reporting yeaz). 123 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Campensation, Section I(one), Subsection H. .12.4 If an employee has an accumulation of sick leave credits in excess of one hundted and eighty (18�) days, heJshe may convert any part of such excess at the rate of two (2} days of sick leave for one (1) day of vacation up to a maximum of five (5) days of vacation. 12.5 The maximum number of days` vacation allowed by the conversion of sick leave credits shali be no more than five days on any one year so that with the maximuzn vacation time which may be taken in any one year (including carry over allowed from previous vacation year) shall be forty-six days including the regular vacation period. 12.6 The provisions of this Article 12 shall not apply to employees working in the titles of Golf Ranger or Park Aide. / -16- ARTICLE 13 - HOLIDAYS 13.1 The following twelve (12) days shall be designated as ho&days: New Year's Day, January 1 Martin Luther King Day, third Monday in 7anuary Presidents' Day, third Monday in February Memorial Day, last Monday ia May Independence Day,July 4 Labor Day, first Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, faurth Friday in November Christmas Day, December 25 Two floating holidays � Eligible employees shall receive pay for each of the holidays Iisted above, on wlvch they perform no work. When New Yeaz's Day, Independence Day, Veterans' Day or Christmas Day falls on a Sunday, the foliowing Monday shall be considered the designated holiday. When any of these four (4) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. For those employees assigned to a work week other than Monday through Friday, the haliday shall be observed on the calendaz date of the holiday. 13.2 The floating hoIidays set forth in Section 13.I above may be taken at any time during the fiscal yeaz, subject to the approval of the Department Aead of any employee. � 133 Eligibility Requirements. In order to be eligible for a holiday with pay, an employee's name must appear on the pa}7o11 on any six working days of the nine working days preceding the holiday; or an employee's name must appeaz on the payroll ihe last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is fiuther understood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. 13.4 The ten (10) holidays sha11 be considered non-work days. I3_5 If, in the judgment of the EmpIoyer, personnel aze necessary for operating or emergency reasons, emptoyees may be scheduled or "called back" in accordance with ArticIe &.4 (Catl-in-Pay). 13.6 If an employee entitled to a holiday is required to work on Martia Luther King Day, President's Day, Day After Thanksgiving or Veterans' Day, he/she sha21 be grauted another day off with pay in lieu thereof as soon thereafter as the convenience of the department petmits, or the empioyee shall be paid on a sh�aight time basis for such hours worked, in addition to his/her regttlar holiday pay. If an employee entifled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Labor 1?ay, Tkanksgiving Day or Ghristmas Day, he/she shall be recompensed for work done on this day by being granted compensatory time on a time and one-hatf basis or by beiag paid on a time and one-half basis for such hours worked, in addition to his/her regulaz holiday pay. _ -17- ARTICLE 13 - HOLIDAYS (Continued) oa?3 y - Effective May 1, 1998 if an employee entitled to a holiday is required to work on Martin Luther King � Day or Veterans' Day helshe shall be recompensed for work done on this day by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such hours worked, in additian to hislher regulaz holiday pay. Effective April 1, 2000 if an employee entitled to a holiday is required to work on Presidents' Day or the Day After Thanksgiving he/she shall be recompensed for work done on ttus day by being granted compensatory time on a time and one-half basis or by being paid oa a time and one-half basis for such hours worked, in addition to hislf�er tegulaz holiday pay. Eligibility for Holiday pay shall be determined in accordance with Section I, Subsection I of the Saint Paul Salary Pian and Rate of Compensation. 13.7 The provisions of this Article 13 shall not apply to employees working in the titles of Golf Ranger and Pazk Aide. ARTICLE 14 - JURY DUTY 14.1 Any employee who is required during hisfher regulaz working hours to appeat in court as a juror or witness, except as a wimess in the employee's own behalf against the Employer, shall be paid hislher regulaz pay while so engaged. Any fees that the employee may receive from the court for such service • shall be paid to the City and be deposited with the City Finance Director. Any employee who is scheduled to work a shift, other than the normal daytime shift, shali be rescheduled to work the normal daytime shift during such time as helshe is required to appear in court as a juror or witness. ARTICLE 15 - SEVERANCE PAY 15.1 The Empioyer shall provide a severance pay program as set forth in tlus Article. 15.2 To be eligible for the severance pay pragram, an employee must meet the following requirements: A. `The employee must be 58 years of age or older or must be eligible for pension under the "rule of 40" or ffie "rule of 85" provisions of the Public Employees Retirement Association (PERA). The "rule of 90" criteria shall also apply to employees covered by a puhlic pension plan other than PERA. B. The employee must be voluntarily separated from City employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligibie for the City severance pay program. t -18- ARTICLE 15 - SEVERANCE PAY (Continued) C. The emptoyee must have at least ten (10} yeazs of consecutive service under the classified or uncIassified Civil Service at the time of separation. � D. The employee mvst file a waiver of reempioyment with the Direcior of Human Resources, wlrich will cleazly indicate that by requesting severance pay, the employee waives all claims to reinstatement or teemployment (of any type), with the City. E. The employee must have accumulated a minimum of sixcy (60) days of sick leave credits at the time of his/her sepazation &om service. I53 If an employee requests severance pay and if the employee meets ihe eligibility requirements set fortfi above, he or she will be granted severance pay in an amount equal to one-hatf of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maatimum of $6,SOQ. 15.4 For the purpose of this severance progam, a death of an employee shall be considered as sepazatioa of employment, and if the employee would have met alI of the requirements set forth above, at the time of his or her death, payment of the severance pay will be made to the employee's estate or spouse. 15.5 The manner of payment of such severance pay shall be made in accordance with the pmvisions af City Ordinance No. 11490. 15.6 This severance pay program shall be subject to and governed by the pmvisions of City Ordinance No. 11490 except in those cases where the specific provisions ofthis article conflict with said ordiaance and• in snch cases, the pmvisions of this article shall control. 15.7 The provisions of this article shaIl be effective as of May 31,1984. 7 5.8 Any employee hired prior to May 31, 1984 may, in any event, and upon meeting the qualifications of this article or Ciry Ordinance No. i I490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this articie or the ordinance shall constitute a bar to receiviag severance pay from the other. 15.9 For employees appointed to a tiYle covered by t6is Agraement on or after May 1,1489, the Employer shall provide only the severance pay program as set forth in I5.10 through 15.14. 15.10 To be eligible for the severance pay program, an empioyee musc meet the foltowing requirements: A. T'he empioyee must be voluntarily separated from City employment or have been subject to separation by layoff oz compulsory retirement. Those employees who are discharged for cause, misconduct, inefficieacy, incompetency, or any other disciplinary reasan are not eligible for the City severance pay program. - -19- ARTICLE 1S - SEVERANCE PAY (Continued) m � 73 � ' B. The employee must file a waiver of reemployment with the Director of Human Resources, which • will cleazly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. b25. C. The employee must have an accumulated balance of at least eighty (86) days of sick leave oredits at the time of hislher separation from service. 15.11 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance gay in an aznount equal to one-half of the daily rate of pay for the position held by the empioyee on the date of separation for each day of accrued sick leave subject to a maximum as shown below based on the number of yeazs of service in the City. Years of Service with the City At Least 20 21 22 23 24 25 Maximum 5everance Pay $ S,Q00 6,000 7,000 8,000 9,000 10,000 15.12 For the purpose of this severance program, a death of an employee sha1S be considered as separation of • empioyment, and if the employee would have met all of the requirement set forth above, at the time of his or her deaih, payment of the severance pay shail be made to the employee's estate or spouse. 15.13 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11440. 15.14 This severance pay program shall be sub}ect to and governed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this article shall control. 15.15 Notwithstanding Article 15.9, employees appointed prior to May i, 1989 to a title covered by this agreement who meet the qualifications as defined in articies 15.10 and 15.11 may elect to draw severance pay under the provisions of I5.11. However, an elec6on by an employee to draw severance pay under articie I 5.11 shall constitute a bar to drawing severance pay under any other provision set forth in this Agreement. 15.16 Employees appointed on or after May 1,1989 to a title covered by tlus agreement shall not be eligible for any severance pay provisions othzr than the provisions as set forth in articie 159 t�uv 15.14. 15.17 Tune with School District 625 sball not be used to qualify for the benefits in this Article for employees hired after 7anuary 1, 1997. , -20- ARTICLE 16 - WAGES 16.1 The basic hourly wage rates as established by Appendix A shall be pai@ for all hours worked by provisional, regulaz and probationary employees. f[.�? Effective 07/O1f00 Effective 07(02/Oi (or closest pay period} Effective Ol/OI/02 (or closest pay period) ARTICLE 17 - SAVINGS CLAUSE 1 �.1 This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Saint Paal. In the event any provision of this Agreement shall hold to be contracy to taw by a court of competent jurisdicrion from whose finat judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall cantinue in futi force and effect. ARTICLE 18 - NRISDICTION I8.1 Disputes concerning work jurisdiction between and among Unions is recognized as an appropriate subject for determination by the various Unions representing employees of the Empioyer. • 18_2 In the event of a dispute conceming the performance or assignment of work, the Unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing • shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of t12e dispute or to restrict the Employer's basic right to assign work. 2 83 Any employee refusing to perform work assigned by the Employer shall be subject to disciplinary action as provided in Article 7(Disciplinary Procedures). 18.4 There shalt be no work stoppage, stow down, or any disruption of work resniting from a work assignment. 18.5 The subcontracting of work done by the empioyees covered by this Agreement shatl in all cases be made onIy to Empioyers who qualify in accordance with Ordinance No. 14023. ARTICLE 19 - SICK LEAVE 14.1 Sick leave shall be eamed and granted in accordance with Yhe Civil Service Rules. The accrual rate for etigibie emptoyees sha11 be .0576 of a working hour for each full hoar on the payroll, excluding overtime. 5ick leave without pay may be granted in accordance with the provisioas of Se�tion 20H of the Civil Service Rules for a period up to but not to exceed three years. - The basic hourly wage rates in Appendix A reftect the fallowing increases: 2.5% inct�ase 2.75% increase 3% increase -21- ARTICLE 19 - SICK LEAVE (Continued) �0�73�{ 19.2 In the case of a serious illness or disability of an employee's child, parent or household member, the head � of the department shall gant leave with pay in order for the employee to care for or make arrangements for the caze of such sick or disabled persons. Such paid leave shall be drawn from the employee's accumulated sick leave credits. Use of such sick leave shall be limited to 40 hours per incident. 193 Any employee who has accumutated sick leave credits, as provided in the Civil Service Rules, may be granted one day of sick leave to attend the fimeral of the empioyee's grandparent or gandchild. 19.4 Pregnant employees of the City of Saint Paul shall be eligible for the use of paid sick leave and unpaid leave of absence in the same manner as any other disabled or ill City employee. Such paid sick leave eligibility shall begin upon certificatioa by the employee's attending physician that the empioyee is disabled in terms of her ability to perform the duties of her posi6on. 19.5 The head of the Department or the Human Resowces Director may require a physician's oertificate or additional certificates at any time during an employee's use of sick leave for the purposes stated in 19.2 above. All such certificates shall be forwazded by the appointing officer to the Human Resources Office. If an empioyee is absent because of the provisions of Article 19.2 above for three or fewer calendaz days helshe shail submit to the head of the Department a certificate signed by the employee stating the natute of the child, parent or household member's sickness. If the sickness continues for more than three calendaz days, no further sick leave shall be granted unless or until a physician is consulted. The sick � leave may be continued from and include the day of consultation, but only if a certificate signed by the physician certifying to the nature and period of the person's sickness is submitted and approved hy the head of the deparcment and forwazded to the Human Resources Office. 19.6 No sick leave shall be granted for the above reasons unless the employee reports to hislher department head the necessity for the absence not later than one-half hout before hisfher regularly scheduled time to report for work, unless he(she can show to the satisfacuon of the department head that the failwe to report was excusable. 19.1 An employee shall be paid under the provisions of this pazagraph onty for the number of days or hours for which he/she would normaliy have been paid if hetshe had not been on sick leave. 19.8 The provisions of this Article 19 shall not apply to employees working in the titles of Goif Ranger or Pazk Aide. ARTICLE 20 - PARENTAL LEAVE 2Q.1 Maternity Leave. Maternity is defined as the physicat state of pregnancy of aa employee, commencing eight (8) months before the estimated date of ciuldbirkh, as determined by a physician, and ending six (� months after 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 iu option, and such Ieave may be no longer than one (1) year. -22- ARTICLE 20 - PARENTAL LEAVE (Continued) . 2R2 School Conference Leave. An employee skall be granted up to a total of sixteen (16) hours during a schooi year to attend schoa2 conferences or classroom activities related to the employee's cluld, provided the conferences or classroom activities cannot be scheduted during non-work hours. When the Ieave cannot be schedvled duriag non-work hours and the need for the leave is foreseeable, the employee mvst� provide reasoaable prior notice of the leave aad make a reasonable effort to schedule the leave so as not to disn:p�-tiuduly ttie operations of the Employer. An employee shalt be atlowed to use vacatian or compensafory time for this leave; otherwise, this leave sfiall be without pay. y .. A.RTICLE 21- LEGAL SERVICES 21.1 Except in'cases of maifeasance in office or wiIlful or wanton neglect of duty, the Empioyer shall defend, save haimIess and indemnify an employee, and/or his/her estate, against any cIaim or demand, whether groundless or otherwise, arising out of an alleged act or omission in the performance and scope of the employee's duties. ARTICLE 22 - STRIKES, LOCKOUTS, WORK INTERFERENCE 22.1 The Unions and ttie Employers agree that there shati be no sbrikes, work stoppages, slaw-downs, sit down, st�y-in, or other concerted interferen�e with the Empioyer's business or affairs by any of said Unions aridlor the members thereof, and there sha11 be no bannering during t6e eacistence oftIus Agreeirient without first using all possible means of peacefu! settlement of any controversy which may arise. - ARTICLE 23 - DEFEBRED COMPENSATION 23.1 Employees who have completed ten (10) through nineteen (19) years of service with the City of Saint Paul and meet the eligibility requirements listed below shall be eligible for $40D per year for Deferred Compensation paid by the Employer on a dollaz for dollaz match. 23.2 Employees who have completed twenty (20) yeazs of service with the City of Saint PauI and who meet the eligibit�ry reguirements listed below sha11 be eligible for $600.00 per year for Deferred Coiripe�sation paid by the Emp2oyer on a dollaz for dollar match. � 23.3 The employer will match contributions on the first paycheck following September 1 of the pIan year for those on the payroll at the date of paymeat. 23.4 Eligibility Requirements: i�: Eligibility wi11 be determined in July of the plan year. B. Employees cannot have been oa lay off in the previous 12 months. �._ Eligible empioyees who experience a lay off must re-c}ualify through A and B above. D. Employees must have been in Tri-Council effective III of the plan yeaz. �. t2aalifying years of service (Qetermined by date of hire) must have been attained by 1/] of the plan yeaz. � F. Park Aides and Goif Rangers aze ineligible. �� G. If an employee Lakes a leave of absence to serve as a full-time union official, time served- in such capacity, up to three yeazs, will be counted towards the yeazs of service requirement. � -23- � ARTICLE 24 - TERMS OF AGREEMENT Cb-73 �t ' 241 The Emploper and the Union acknowledge that during the meeting and negotiating which resulted in this � Agreement, each had the zight and opporiunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and understaudings reached by the parties after the exercise of this right aze fuliy and completely set forth in this Agreement. Any and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment to the ea�tent they aze inconsistent with this A�eement aze hereby superseded. In those areas where Civil Service Rules are not inconsistent with this Agreement, tlte Civil Service Ru1es sha11 continue to be in effect. 24.2 Except as herein provided this Agreement sha11 be effective as of the date it is executed by the parties and shall continue in full force and effect thru December 31, 2002, and thereafter until modified or amended by mutual agreement of the parties. Either pariy desiring to amend or modify this Agreement shall notify the other in writing so as to comply with the provis3ons of the Public Employment Labor Relations Act of 1971. 24.3 This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator but is subject to the approval of the Adm'uustration of the City, the City Council and is also subject to ratification by the Unions. WITNESSES: CITY OF SAINT PAUL �BY:� T Ha tiner Labor Relations Manager DATE: , TRI-COUNCIL BY: ��� u,� �=�/-C�13 Business Aep., Local 120 DATE: � � � �� ' ��� ���6 ��r� BY: Busines anager, Local 132 DATE: BY: ��:�� .����/r3� Business Rep., Local 1� DATE: BY: �/c�r2 C1?,c.en+xs�- �`���oC> Business Rep., Local 49 DATE ���(.!—c� �-4��.�'�� BY: Business Manager, Loca149 I�� -24- APPENDIX A �-7�y The hourly wage rates for provisional, regutaz and probationazy employees working in the classes listed below aze as shown: �Effecri • •This GROUP A ✓e on the following dates: 7!1/2000 7!il2001(or 1/1/2002 (or (2.5%) closest pay closest pay period) (2.75%) period){3.0%) Bridge Crew Leader 20.07 20.62 21.24 Bridge Maintenance Worker 18.40 18.91 19.48 Grounds Crew Leader 18.87 19.39 19.9? Labor Crew Leader 18.87 19.39 I9.97 Parks Worker 17.89 18.38 18.93 Sewer Crew Leader 19.98 2Q.53 21.15 ''SewerMaintenanceLaborer 78.22 18.72 19.28 Sewer Services Worker 18.22 18.72 19.28 Stores Laborer 17.89 1838 18.93 Street Services Worker 17.89 1838 18.43 *Unskilled Laborer 17.84 18.38 1$.93 Water Utility Worker I 17.89 18.38 18.93 Water Uulity Worker II 18.45 18.96 19.53 Water System Worker I 18.22 18.72 19.28 Water System Warker II 1934 19.8T 20.47 Water Service Worker -Control Desk 1434 19.92 20.52 Golf Ranger First 500 Hours 632 6.49 6.68 Second 500 Hours 5.94 7.13 7.34 Third 500 Hours 7.52 7.73 ?.96 Fourth 500+ Hours 8.16 8.38 8.63 title is abolished except as to present incumbents. -Al- Appendix A (Continued) 7/1/2000 7/1/2001(or I/1/2002{or (2.5%) closest pay closest pay period} (2.75%) period) (3.0%} Pazk Aic3e First 500 Hours 724 7.44 7,66 Second 500 Hours 7.86 8.08 8.32 Tfiird 500 Hours 8.45 8.68 8.94 Fourth 500+ $ours 9.06 931 9.59 Gazden Laborer Start 16.50 16.95 1�.46 After Six Months 16.97 17.44 17.96 Gazdener 3tart 17.48 17.96 I8.50 After Six Months 17,85 18.34 18.89 Lead Gardener 19.41 19.94 20.54 *Grounds worker Start 16.86 17.32 17:84 Aftes Six Months 17.32 17.80 1833 *Groundsworker - Water Utility Start I6.86 1732 27.84 After Six Months 1732 17.80 18.33 {I'his title is abo2ished except as to present incumbents. � � -AZ- nppena►x A (Continued) GROUP B C�0�73Y 7!1l2000 (2.5%) 7/112001(or closest pay period)(2.75%} 1i1/2002 (or closestpay period)(3.0%) *Tractor Operator I i 18.13 This title is abolished except as to present incu 18.b3 GRQUP C 19.19 7l112001 711l2001(or 1!1l2002 (or (2.5%) ciosestpay closestpay �ioa>�z.�s�io� �ioa� �s.o�ra� Asphalt Plant Operator 21.17 2I.75 22.40 Heavy Equip. Operator 21.17 21.75 22.40 Heavy Equip OperlAsphalt Plant 21.17 21.75 22.40 Heavy Equip. QperlWater Utility 21.17 21.75 22.40 Jet Sewer Cleaner Oper 21.17 21.75 22.40 Revolving Power Equip Operator 23.82 24.48 25.21 � ; • 1' � 71112000 �2-5°�Q) *Driver Operator 18.14 *This title abolished except as to present incuuit 7J112Q01 (or closest pay periotn(2.75%) 1(1i2002 (ot closest pay period)(3.0°!0) � GROUP E 19.20 7li20Q0 7/1/2001(or 1/112Q02 (or (2.5%) closest pay closest pay period)(2.75%} period)(3.0%) Forestry Crew Leader 21.22 21.80 22.45 Tree Worker 19.07 19.59 20.18 Note: Effective 7/I IOQ the tifles of Bridge Crew Leader, Grounds Crew Leader, Labor Crew I,eader, Sewer Crew Leader, Forestry Crew Leader, Water SWII and Water-Contro2 Desk re�eived an zdditional $.25 per hour increase above the general percentage inerease. -A3- Appeudix A (Continued) The City agrees that if a classification study of the Bridge Maintenance Worker or Bridge Crew Leader title results in a proposed increase, the City will implement such increase retroactive to the date of tke crompleted job� profile. PREMIUMS A. Employees required to work eight (8) feet or Iower beneath grotmd shaIl receive three and one-haif percent (3.5%) per hour above the regular base hourly rate for each hour or any part thereof worked in such an assignment. This provision shail not apply to employees working under the tides of Water System Worker I or Water System Worker II. B. A premium pay of $fty-cents ($.50) per hour shall be paid for atI swiag stage wozk, such as work performed from a boatswain's chair or a swing scaffold or hazardous work that requires the use of a safety beit fifry (50) feeY or more above the ground. Ali standard safety laws sha12 be complied with. C. Tree Workers assigned to the crew perfornung tree trimming duties in assisting Northern States Power Company shall receive four percent (4%) per hour above the regulaz base rate or any part thereof worked in such an assigrunent. D. EmpIoyees assigned the dufies of diler Operator shall receive s'vc percent {6%) per hour above the regular base rate for each hour or any part thereof warked in such an assignment. E. Street Services Workers, Pazks Warker or Water Utility Workers I assigned to perform duties of an � *Asphatt Raker shall receive three percent (3%) per hour above the reguIar base rate for each hour or any part thereof worked in snch assignment. F. Street Services Workers or Water Utility Workers I assigned to perform duties of an *TacmanlTamper shall receive six percent (6%) per hour above the regular base rate for each hour or any part thereof worked in such assignment. This is in lieu of any clothing aIlowaace and shall be paid oniy for hours worked performing such duties. G. Any Parks Worker(*Grrounds Worker assigned to operate a 580-D or a rotary grass cutting machine having a cutting width of over I 5 feet sha11 receive $.45 per hour above the regular base rate for each hour or any part over one fourth hour actuatly worked in such an assigament. The regulaz operators of ihe 580-D equipment from previous seasons will be considered firsY for these assignments. For new openings, the Division will post the opening and take the senior quaiified candidate. Hawever the Division does not waive its rights to assign premium pay positions to less senior empioyees if it deems it necessary. This premium does not inciude reei mowers or 7-gang mowers. H. Pazks Workers or Cnounds Workers assigned to an abatement ctew on a summary abatement deemed to be hazazdous by the Health DeparCment Inspector and PED summary abatement supervisor and requiring the use of special protective cloThing shall receive $.60 per hotu above the regular base rate for each hour or any part thereof worked in tlus assignment. Effective Januazy 1,1999 upon completion of training. -A4- Appendix A (Conrinued) pp-7� y I. Effective May 1, 1998 Street Services Workers and Parks VJorkers assigned to drive tandem trucks, or required to drive Iowboy, h�uck trailer, or show mobile, shall receive $.25 per hour above the base rate � for each hour or any part thereof worked in such an assignment.'Driver Operators and Street Services Workers paid as "Bid Drivers" as defined under the provisions of Appendix D, A3 aze not eligible for this premium. n LI -AS- ' APPENDIX B � r ��� = Temporary employees shall be paid ninety percent (90%) of the appropriate wage rates established by the Highway and Heavy Agreement then in effect between the Unions and the Associated General Contractors of �.4innesota (AGC). Appropriate AGC fringe bsnsfii contributions shall also be paid to the jointly trusted funds. Effective upon ratification of the conv�act. 1. The hourly rates for temporary Employees working in the classes listed below are as shown: Effective Effective 11t2000 2001 (or closest pay period) � � Bridge Maintenance VTorker Water System Worker I Water Utility VJorker I Pazks Worker Sewer Services Worker Sueet Services Worker 18.67 18.67 18.67 18.67 18.b7 18.67 s Effective 2002 s s * � • r s : s * s The hourly wage rates for temporazy employees working in classes listed below shail be the same as the wage rates appiicable to provisional, regular and pmbationary emp3oyees working in said classes as shown in Appendix A: Garden Laborer Gardener For temporary Employees working in the classes listed above the following fringe benefit contributions shali be made to the Minnesota Laborers' Fringe Benefit Fund: Health and Welfaze Pension Vacation Training LECET Effecrive 5/1/2 0 (or ciosest pay period) 2.8� z.so 136•# .21 .OS Effective 2001 f * s s s Effective 2002 s r � • s 'At the time of the signing of ttus ageement rates were not available. *•This contribution is taxable. - Bl - Appendig B (Continued) 2. The hourly rates for temporary Employees working in the classes listed below aze as shown: Effective SI1/2000 (or closest pay period) Heavy Equipmeni Operator 21.17 Revolving Power Equipment Operator 21.44 Effective Effective �qq� Zoaz i The hourly wage rates for temporary Employees in Yhe classes listed below shall be the same as the wage rates appiicable to provisional, regulaz and probationary Employees working in said classes as shown in Appendix A. Tree Worker For temporary Employees working in the classes listed above the folIowing fringe benefits shali be made to Funds designated by IUOE, Loca149: Effective JIS /20d0 (or closesi pay period) Health and Weifare Pension Training 3.20 3.80 .15 Effective Effective 2001 20Q2 s *At ihe tune of the signing of Yhis agreement rates were not available. • The hourly wage rates for temporary Employees in the classes listed below shall be the same as the wage rates applicahle to provisionai, regulaz and probarionary EmpIoyees working in said classes as shown in Appendix A. #Driver Operator 4. Regulaz Employees who aze laid off and then calIed back in to work on a temporary basis shalt receive the regulaz rate of pay as shown in Appendix A for such tifles workec3 and shail coatinue to earn and accrue City benefiu for such hours worked. 5. For temporary Employees working in tides tisted in tlus Appeadix "B" whose length of service and eaznings require that they be subject to PubIic Employees Retirement Association contributions, the rate of pay shalI be the rate shown in this Appeadix "B" for such tiile divide@ by 1.0518. 6. If the union elects to have the fringe beaefit contributions listed in tlus Appendix "B" increased or decreased, the Employer may adjust the applicabie rates accardingly. 7. The Union wilI notify the Employer as soon as possible whea these rates aad the"u effective dates have been negotiated with the AGC. For their appIication in tivs agreement, adjushnents will be made on th� closest effective payroll dates. -82- laD-73 �f APPENDIX C • The foilowing aze special provisions for �Driver-Operator seniority: All *Driver-Operators hired subsequent to July I, 1970, except tfie six who were hued with the promotion rights from the Aprii 7,1975 eligible list by departments other than Public Works, will be laid off at the end of December i, 1978. Subsequent to December 1, 1978, the Public VJorks Departmem shall hire from the layoff list all *Driver-Operators who will be needed throughout the City for the remainder of the yeaz. Subsequent to December 1, 1978, all reinstatements and new appoinhnents will be made to the Public Works Department. Department or division promotion rules shall not apply to the classification of *Driver-Operator. Any *Driver-Operator taking an examination on a promotional basis for any other tide shail be considered a promotional candidate in the department in which he/she is working on the date of the examination regardless of the fact that such employee apgears as'�Driver-Operator on the Public Works Deparhnent payroil. In the event that such employee is transfened to another department after the date of the examination, such employee shall be considered a promotional candidate in the department to which helshe is • transferred. No change in assignment shall be made prior to the date of the examination for the purpose of changing the departznent in which the employee qualifies as a promotional candidate under this article. Employees appointed from the promouon list of the Mazch 3, 1978, Truck Driver examination shall have *Driver-Operatot seniority in the same order as the order in which their naznes appeaz on the promotional eligible list from which they were appointed. This does not apply to employees appointed from this list to the Board of Education. -Cl- APPENDIX D a�-�3y - The following aze general policies regazding seniority for personnel permanentiy assigned to fhe Departinent of Public Works Sueet Maintenance and Sewer Maintenance Divisions and the Division of Pazks and Recreation • in the classifications of *Briver-Operator, Laborer, Str�eet Services Worker, Heavy Equipment Operator, Sewer Services Worker, Crroundsworker, Pazks Worker, Tree Trimmer II, Power Clazn Operator and Tree Worker. These general policses will be followed when mak'sng job assignments to qualified employees. The productivity needs of the utili2ing division may be considered when making,}ob assignments. A. Department of Public Works 1. Class seniority in the *Driver-Operator and Laborer tifles shall take precedence over the Street Services Worker and Sewer Services Worker titles for all work assignments. T4ris includes Heavy Equipment Operators who also hold the tifle of •Driver-Operator and who aze reduced to the title of "Driver-Operator. 2. Class seniority in the titles of *Driver-Opemtor and Street Services Worker shall be used to make temporary job assignments for Heavy Equipment Operator positions in the Street Maintenance Division. 3. The Division shail identify the number of primary Driving Jobs needed each yeaz by May 1, or after the full spring call back, whichever comes fust. The primary Driving Jobs not assigned to *Driver Operators shall be bid using Class Seniority with employees holding the title Street Services Workers. The Straet Service Workers selected shall be refened to as "Bid Drivers" and shall be assigned by seniority. • a. *Driver Operators and "Bid Drivers" shall have their base pay increased by $.25 per hour. b. "Bid Drivers" will hold that designation and pay for one (1) yeaz until the next annual bid is implemented. c. "Bid Drivers" wil] not be on Street Service Workers Overtime lists d. If laid off during the Winter lay off, "Bid Drivers" wili be called in prior to Street Services Workers when there is a need for driving jobs. 4. Assignment to a shift eligible for shifr differential premium pay shall be made based en ctass seniority. Senior employees in the affected class shall not be required to accepi such assignment if there are employees in such class with less class seniority. 5. Regular assignments to the night shift or weekend shift shall be bid seasonaily by seniority. Winter season bids shall be made betw�n October I Sth and November I Stlt each year. Summer season bids shall be made after the full spring call back.The hours of each shift shall be defined on the bid sheet. Employees assigned a shift by seniority shall remain on that shift for the duration of the season, unless the shift is discontinued or mutually agreed to by the employee and the Departrnent. Tfie complaint assignments shatl be exempt from these provisions and shall be at the discretion of the employer. - Dl - Appendix D (Continued} A. Department of Public Works (Conrinued) 6. Temporary vacancies on a shift shall be made by upgrading the senior eligible employee on the � shift, who holds the dtle for the assignment Should additional assignments become necessary, they shall be made by classifrcation seniority &om a temporary vacancy list. Aa employee may add or remove kus/her name &om tlus vacancy list at aay time. If a temporary vacancy cannot be fitled from the vacancy list, the position will be fxlled from the master seniority list. B. Division of Parks and Recreation i. Class seniority in the Grouadsworker and *Driver-Operator titles shall take precedence over ihe Parks Worker title in filling Cnovndsworker and •Driver-Operator positions respectively. In the event of a tayoff in tke tifle of Gmundsworker or in the title of Pazks Worker, for empioyees who aze certified to the tiUe of Grovndsworker and who are then certified to the new title of Pazks Worker, their seniority in the tide of Cxroundsworker shalI grevaiI. • 2. Class seniarity in the Tree Trimmer II and Power Clam Operator titles shall take precedence over Tree Worker tide for assignment to Tree Trimmer II or Power CIam Operator dufies respectively. In the event of a layoff in the title of Tree Trimmer II or ia the title of Tree Worker, empioyees who are certified to the tide of Tree Trimmer II and who aze then certified Yo the new titie of Tree Worker, their seniority in the title of Tree Trimmer II shall prevail. 3. Assignment to a shift eligible for shifr differential prettrium pay shalI be made based on cIass seniority. Senior employees in the affected class shall aot be requ"ued to accept such assignment � if there aze emp2oyees in such ciass with less senionty. 4. a. The Pazks Division agrees to request a#Driver-Qperator from the City-wide *Driver- Operator seniority lisk to fili behind a"Driver-Operator absent from Iris/her position in the Pazks Division in cases where the City has reason to beIieve that the absence wili be for five (5) working days or longer. b. Both parties agree that the Employer is not required to follow the procedure in Item A above when the vacant position requires ihe handliag of the "Snowmobile" or other pieces of equipment that requires special training and/or experience. c. The Union and Employer agree that in the event of a sepazation of employ�nent of tfie cunent •Driver-Operators in the Parks Division, the decisioa to refiIl those affected positions and the decision of the appropriate class with which to refill the affected posirion subsequent to the separation of employment shalI be made solely by the Empioyer. - D2- Appendix D (Conrinued) � B. Division of Parks and Recreation (Continued) � 5) Assignment to the N.S.P. CREW wili be based on following: o�- a. Vacancies in the Forestry NSP Crew will be filled by certified line ciearance tree trimmers who have satisfactory or higher performance ratings for at least the preceding year aad have no medical restrictions that limit tiie employee's ability to perform the essential fvnctions of the work required of the NSP crew. A positive druglalcohol test will disqualify a crew member for a period of one year from date of test. b. A list of Tree Workers interested in working on the NSP crew, who meet the m;n;mum qualifications, will be solicited annually. The senior tree worker(s) on the sign-up list will be assigned to the NSP crew. If the selected Tree Worker turns down an opening, histher name will be moved to the bottom of the list for future openings for the annual sign up period. c. NSP crew members wiil remain on the crew until they notify the supervisor they want a change, no longer meet the minimum qualifications; or aze replaced by a more senior tree worker under the annual sign up procedure. C. Water Utility The following procedures will be used to determine the selection of personnel for overtime work , assigntnents. The selection of personnel wili vary somewhat due to varying circumstances. This policy shali apply to al] bazgauung unit tifles. JOB ASSIGNMENTS: i. Job assigrunents for members of the Tri-Council at the Distriburion Division of the Water Utility will be made using the following criteria: a. Short term (less than the full winter or summer cycle) assignments will be made at managements' discrerion. b. Futl term (the emire normai winter or summer cycle} assignments will be made on the basis in a given title when openings occur on a particulat crew. If there wi21 be an opening for a full cycle on a crew, management will ask those emgloyees working the same title as that opening if they aze interested in the gosition. This will be recorded, and the most senior employee working in that title interested in the job will be given the position, provided the employee is qualified. Should management have valid reasons not to agpoint this candidate to the position, those reasons shall be given to the candidate in writing. If no one is interested in a position, the assignment will be made to the least senior Employee regvlarly working that title. - D3- Appendix D (Condnued) JQB ASSIGNMENTS (Continued) c. Definitions for this section: i. Seniority used shail be Ciass Seniority per i I.1B. 2. "Normal" working cycles for the Utility are Iate November to late March (winter ) and late March to late November (summer). 3. An "Opening" is defined as a vacancy on a crew expected to last at least one entire cycle. d. If a short term assignment is made and the time arrives to make assignments for the next cycIe, management will review the assignmeat to determine whether it will be considered an"opening" or not. If it is considered an opening, Section B shall be foilowed. C� � � APPENDIX E The following are general policies regazding the assignment of overtime. • A. Departsnent of Public Works i. Sewer Maintenance Division Gb-73� It is the policy of the Sewer Maintenance Division to assiga overtime in a way wbich is both fair to all employees and efficient for the administration of this division. In order to implement this policy the foliowing guidelines will be used by the supervisor in charge of setting up crews to work overtime. a An OVERTIl!'iE AND CALL OLIT SCHEDLTLE will be maintained. Names wili be listed in order of seniority. This list will be updated periodically. When peopie aze called from this list, they wiil be called by tifle in order of seniority with the following exceptions: 1. A person who is on sick leave will not be called unless no one eise is available. 2. A person who is on vacaHon will not be called unless all people on the list who worked that day are unavailable for overtime. In the case of overtime during the weekend, those peopie who worked on Friday will be called fust. � 3. Peogle paid under a certain title during the workday will be called out for overtime under that title. If enough laborers or service workers cannot be found or if a jet operator is needed, then people who worked a diffetent title that day may be called. 4. If a supervisor gets a call during the workday on a job that may go into overtime, he/she wiil assign the crew that is most available at that time to do the job. 5. If a crew is on the job and that job has to go ittto overtime, that crew wiIl work the overtime. If this happens on a Friday and it will be necessary to work during the weekend, that same crew wili be called first. 'Ihe only exception will be for steaniing during the weekend, in which case crews will be set up by seniority. � c. 6. All persons on light duty will be moved to the bottom of the Overtime and Call Out Schedule. it will be up to the supervisor who checks out the complaint to determine what equipment is needed and to call out a crew to complete the job. Nothing in this policy wi11 prevent a supervisor from deviating from this policy when, in hislher judgment, an emergency exists or it is in the best interest of the division to do so. - El - Appendia E (Continued) 2. Street Maintenance Division a. Week-end and Holiday overtime will be assigned by seniority, from a posted sign-up list. This � grocedure wil2 be used oniy when all H.E.O., *Driver/Operators, "Bid Drivers" assignees and Street Service Workers have been assigned to work 40 hours. The assigned crew that statts a job shal! continue on the job, when overtime is aequired to finish the job. If the job requires the week-end to finish, the origina! assigned crew wi2I be assigned to finish the job. b. *Driver Operators, Heavy Equigment Operators, Street Service Workers or "Bid Driver" assignees temporariIy assigned for more than one week to other divisions (including for this purpose, the asphatt pIant) or to other deparnnents, shall be moved to the bottom of the Sueet Maintenance Division seniority list for purposes of overtime for the durafion of the assignment. c. The Dispatcher will take up to two (2} phone numbers for each empioyee to be put on the seniority list. When work is available the Dispatcher wilI start cailing from the top of the senioriry list. The catls will be made with ao waiting between calis and first to answer will get the work. When a message is left, avaiiable work will go to the fust to respond. d. If an employee is off a day for vacation, floating holiday, or comp time, he(she wili be eligible to be called for overtime work that starts after the conclnsion of the regulaz work day. If an empioyee is off a day for sick leave, he/she will not be calIed for overtime work unril the following day. If an employee is off sick on the last day of the regular work week, he/she may be catied for overtime work, on his/her two regulaz days off, if he(she fias called in to return to work. If that employee, is then off sick on the first day of his/her work week he/she wiil need a� doctor's certificate w be paid for that day. B. Division of Parks and Recreation I. Parks Maintenance Section Overtime assignment within the Parks Department will be made within crews by classification seniorify to employees qualified to do tiie work. Disputes arising from these assignments may be appea2ed up to and including Step (3) of the grievance procedure of this Agreement. a. When overtime is required and a crew does not Itave enough employees to cover the event, the supervisor wilt fill the crew first using crew seniority invoIving employees under lus/her budget authoriry and then will have the option to cboose the crew he/she deems most appropriate. b. For the purpose of ttus section aa employee assigaed to a building or faciliTy aione will be deemed a crew of one. - E2 - Appendix E (Continued) 2. Forestry Section o�-� �y , A sign up ]ist wiil be circuIated prior to each weekend during the storm season. employees that will be available for emergency cali out work during tfiat weekend will so indicate on the sign up sheet. Attempts wiil be made to call out employees in the order of theu seniority, however, conditions may prevail that prevent this in order to provide for a response to an emergency situation. If a crew is on storm damage clean up during normal working hours, that crew may continue after ihe eight hour work day has ceased until the Supervisor dismisses the crew. C. Water Utitity The following procedures will be used to determine the selection of personnel for overtime work assignments. The selecGon of personnel wiil vary somewhat due to varying circumstances. 11us policy shali apply to all bazgaining unit titles. DEFINITIONS: Standazd Overtime List: Weekly on-call overtime list Stand-by Overtime List: List used if the Employer can not get anyone from the standazd list to report. . OVERTIME LIST ELIGIBILITY: There shall be a standazd overtime list and a stand-by overtime list with the night shift and day shifts having sepatate standard overtime lists. 2. A person holding more than one title shall use his/her normal working titie for the standard overtime list and any other tities on the stand-by overtime lists. 3. A person not volunteezing for the standard overtime list with his/her normal working tifle, may be on the stand-by list. If a person is off a day for vacation, floating holiday or compensatory time, helshe wi11, be eligible to be called for overtime work that stazts after the conclusion of their regulaz work day. If an employee is off a day for sick leave, he/she will not be called for overtime work until the following day. If an employee is off sick on the last day of the regulaz work week, helshe may be called for overtime work on hishier two regulaz days off if he(she has called in to return to work. If that employee, is then off sick on the first day of hisJher work week, he/she will need a doctor's certificate to be paid for that day. 5. Personnel assigned to the night shift wili not be on the standard overtime list for days but may be on the stand-by overtime list. -E3- Appendia E (Cantinued) OVERTTME LIST ELIGIBILITI' (Continued) b. An overtime assignment catl-out sheet shall be used for both day and shift avertime call ouu to � verify proper use of the procedures. Anyone intentionatly misusing the overtime palicy shall be subjecYto discigline. OVERTIME LIST SELECTION PROCEDURES — DAY CREWS A person does not have to be on the voluntary standard overtime list, however, if a person is on the list they wiil be required to work when called. Catiing out for overtime shall be done in a cautious and courteous manner. When calling on the phone, the caller should identify themselves and state the reason why the cali is being made. Overtime is important to all and should be treated as such. The foreman should be cailed first as he has to obtain utilities. If there is any question as to the need to work on, overtiaie the circumstactces should be discussed with the foreman before the decision is made to call a crew. An adclitiona130 minutes to catI the resE of the crew should be no problem. Only the Foreman, or Control Desk Worker may actualIy do the calling — it should not be deIegated any further. The form shalt be completely and accurately fiIled in and signed by the caller. Two attempts to a maximum of two (2) numbers, shaI2 be made to calI eacfi person to assure that wrong numbers, busy signals and no answers are double-checked. It is suggested that others be cailed while giving 10 minutes between first and second attempts. A quick response is expected to the overtime offer, so that a crew can be constructed and work will not be � delayed. During the normat work day, it is understood that in some cases, up to an hour may be necessary to contact, family, etc., before the decision to work can be made. However, after 2:00 PM, it is necessary to get an answer within 15 minutes so as not to delay the job as people aze Teavutg for the day . The foreman will, to the eactent feasible, allow employees the opportunity to make a quick pkone call if necessary. The standard overtime list wiy be used for calling out people for overYime. If the person who is up that week cannot work, the other people shaI! be called by rotating through the sfandazd overtime list and if no one is available then the stand-by overtime Iist wiii be used, except if calling for a WC7WII or VJUWI —then the night overtime list will be used, then the day stand-by Iist. Temps will be used as a last resork 2. Ru1es for Standby Overtime: Water System Worker II. After exhavsting the WSW II overtime list, proceed in the followiug sequence: a. Go to the WSW I Standard Overtixne List. b. Go to the Rotating WSW II/A'SW I Standby Overtime List. Water System Worker I. After exhausting the WSW I overtime Iist, proceed in the foilowing sequence: a Go to the WSW II Standazd Overtime List. b. Go to the RoYating WSW II/WSW I Standby Overtime. -TA- Appendix E {Continued) OVERTIME LIST SELECTION PRQCEDURES -- DAY CREWS (Cantinued) c�s-�3 `f ! 3. Personnel will be selected from the overtime lisk for emergency jobs that come in after normai working hoius (main breaks, etc.) or for planned overtime }obs where no crew has previously worked on the project during normal working hours. 4. If a crew cannot comglete a job in normal working hours and the decision is made to continue the }ob into overtime, all crew members are exgected to work the overtime. If grior commitments prolubit crew members from working the overtime, they may be replaced; according to #1 above however, they are to stay on the job until their replacement azrives so as not to delay jab completion. If the,yob will go beyond 2 hours of overtime, any HEO's not on the standazd overtime list shall be replaced at 4:00 p.m. If the job, including the street repair crew, will go beyond 4:00 p.m., ihe Truck Driver (if it is not his week) shall be replaced. Those not holding the proper superc�isor title shall be replaced if possible, the Dispatcher shall switch drivers on jobs between 2:00 p.m. and 4:00 p.m. to allow the driver who is up to be on the overtime job. If this is not possib3e, the replacement driver shali begin at 4:00 p.m. with a different truck. The daytime driver shall be released when the truck is empty (i.e. if the truck is being filled the driver shali be released after emptying at the landfill and if hauling fill to the job the driver shall be released when the fill has been dumped.) If more than one ttuck is naeded for overtime, the overtime list shall be followed as per the above procedures. Other replacement workers will be permitted only in emergencies. If there aze multiple overtime jobs on a normal working day, the truck driver who is on his/her � scheduled overtune week shall be switched to the job anticipated to last the longest. This shal] be done when the job helshe is presently working has been completed, or at some gractical paint. 5. If a crew is working on a project and the decision is made that work will have to be scheduled during overtime hours (due to shutoff compiications, etc.) the crew that is on the job at that time will also work the overtime, except for the Truck Drivers, HEO's and any employee working out-of-title. They will be called off the standard overtime list. If any other members of the crew cannot work the overtime, the vacancy will be filled &om the overtime list. 6. If a job comes in after 2:00 and will result in overtime, it shall be at the discretion of the Superintendent or Assistant Superintendent if #�3 or #4 wili apply. Anyone working overtime through the aight will not be al(owed to work overtime the following night. 8. Temporary workers may not work more than one hour af unscheduled overtime unless no one else is available after following the overtime selection procedures defined in section 1 and 2. If a temposary worker is on a job and needs to be replaced because the job is going to last more than an hour, replacement workers will be called out according to sections 1&2. -ES- Apgendix E (Continued} OVERTIME LIST SELECTION PROCEDURES - NIGHT CREWS Night crews sha11 schedule vacarion so only one employee is off at a fime. If a person is missing on tbe evening � shift and a lazge amount of work is cazried forward from the day siuft into the evenin$, a day shift LTWII may be kept to help cleaz up the backlog or a repiacement called in at management's option (generaily, this witl depend on wfiether or not there aze more tban 2 hours of work}. The single swing shift UWII may or may not be replaced dependiag on worktoad. Again, when and how this replacement is made will be at the option of management as above. If two crew members aze missing from a shift, one repiacement shati be called as following from the night shift overtime Iist: 1} If the CDW and the UWII/CDW are off the CDW is called. 2} If the CDW and UWII are off, the iTWIUCDW works the desk aad a IJWII is cailed. 3) If the UWIUCDW and the IJVJII aze off, a UWII is called. During the period from November 15th to Mazch I Sth, it may be necessary to repiace both emptoyees (all three if all are of� depending on workload on the late and weekend shifts. It is management's intention io maintain a three person crew during this period. This ttuee person crew includes the evening shift Mondaq through Friday IJVJI, and Iate shift UWI if so used. If no one can be found to come ia from the standazd night overtime list, a rep2acement shall be sought from the day standard overtime list, before going to the night sfandby list. � The night crew overtime iist shall rotate as used. DISTRIBUTION DIVISION OVEI2TIME POLICY: The following procedures wiil be used to determine the selection of personnel for overtime work assignments. The selection of personnel wiIl vary somewhat due to circumstances. This policy shall apply to aIl tiUes. New Iists wiIl be established in, March, July, and November of each year in order by seniority and rotated by four months. OVEIiTIME POLICY FQTt THE THAWING RIGS: En the event it is necessary to work overtime to ttiaw frozen sen+ices, the following policy will apply: 1} Generaily, the crew will include one FIeavy Equipment Operator (FiEO), and one Utility Worker II(UWII) and may include one Utility Worker I(UWI). 2} If it is necessary to continae working the rig aftet working a regulaz work day, the crew will be catIed offthe thawing overtime list. 3) For the case of starting a crew during overtime hours, the entire crew will be called off the list. 4? For either case, the usaal rules about maximuai number of hours worked consecutively will apply. - E6 - Appendia E (Continued) OVERTIME POLICY FOR THE THAWING RIGS (Continued) rx� y � 5) The "list" will consist of all those day empioyees holding the above titles who aze interested in working. This list will be developed each November and will be listed in order of seniority in that titie. The list will "rotate", i.e., an employee's name will be moved to the bottom of the list after working or being given an oppommity to work. If no IJWII from days is able to work, a UWII will be called offthe night list. - OVERTIME POLICY FOR WATER DEPARTMENT S130W PLOWING: A list of those HEO's interested in plowing snow on overtime will be developed in order of seniority by November of each year. The list will rotate; each HEO will be moved to the bottom of the list after working or being given an opportunity to work. VADNAIS STATIONBIGHLAND OVERTIME PQLICY: Water Utility Worker I1Cnounds worker The following procedures shall be used to determine the selection of personnel for overtime work assignments. (1) All overtune will be approved by the Watershed Supervisor II. (2) The Watershed Supervisor II will catl personnel for overtime. � (3) Personne] will be called in for overtime based on sQniority defined as combined continuous experience as a Water Utility Worker I or Crrounds worker at VadnaistHighland. T'here are exceptionslclarifications to this rule as outlined below: a. Many of the duties of the Water Utility Worker I's and Csroundsworkers aze similaz. The Grounds worker wili not be calied in when the overtime task involves duties exclusive to the Water Utiliry Worker I title such as reservoir cleaning, conduit work and sludge field gipe work. b. Monday through 1'hursday: If an empfoyee takes time off on a Friday or the day before a holiday and they make it known to the Watershed Supervisor II that they are available for avertime, they wili be eligible for overtime. c. Friday or the day before a holiday: If an employee takes time off on a Friday or the day before a holiday and they make ii laiown to the Watershed Supervisor II that they aze available for overtime, they wili be eligibSe for overtime. d. When a crew is on a job that goes into overtime, that ctew will continue the job until it is suspended forthe day. NOTE: Management reserves the right to operate differentiy from the above Water Utility policies when it is deemed necessary. Every effort will be made to follow the above policies. -E7- MEMORANDUM OF UNDERSTAI�TDING BETWEEN THE CITY OF SAIh'T PAUL AriD Tf� TRI-COTfiCIL LOCAL 120 - LOCAL 49 - LOCAL 132 Selection for Training in the Streets Division C� � The Cit�� of Saint Paul and The Tri-Councii Local 120, Local 49 and Local 132 agree to the following: . r.x� �3Y The Ciry and Tri-Council recogni2e that each parry has specific concems reguding the selection os denial of an employee for a t�aining opportunity. Therefore, the City and Tri-Council agree that upon the receipt of a written request from an employee ��ho feels he!she was denied a uaining opportunity, the Street Division wili provide a wririen explanation of the reasons that went into the selection for the training. This Memorandum of Understanding shall not be used in any way as a binding precedent on either of the patties. �'I�ESSES: FOR THE CIT2' Man Ceame�� pitector of Labor Relations DATE: � d �a THE TRI-COUI�CIL LOCAL 120 - LOCAL 4- LOCAL 132 � .I.�„ Bnd Slawson Business Re ocal 12o DA'TE: p - f- l p �'\ \��•� � � ,� Gereld Dievich Business Manager, Local 132 DATE: �—S'—�8 Business Representative, Locai 132 DATE: � ^ GwC L� Dave Erickson Business Rcpresentative, Loca149 nAr�: b/�/98 ..��� Business Managez, Local 49 DnTE:��3/`l8' __ c�a- � MEMORANDUM OF UNDERSTANAING BETWEEN THE CTTY OF SAINT PAUL A1�TU THE TRI-COUNCIL LOCAL 49, LOCAL 120, LOCAL 132 Sick Leave Policy • The City of Saint Paul (City) and the Tri-Council Local 49, Local 120, Loca1132 (Union) agree to the following: The City and Union recognize the City's right to promulgate Sick Leave policies based on Civii Service Rule Section #20. However, in the interest of Labor-Management cooperation, the parties agree that prior to implementing any new sick leave policies which affect members of the Union, a meet and confer meeting with the Union will be held in order to discuss any new sick leave policy. The Union will be allowed a representative from each affected department to attend any meet and confer meeting as well as business agents for the Locals. This Memorandum of Understanding shall not be used in any way as a binding precedent on either of the parties. This Memorandum of Understanding shall e�cpire on December 31, 2002. FOR THE CITY: 1�� � ! �- Terry tiner Labor Relations Manager FOR THE UNION: `�./�e �� Dave Erickson Loca149 DATE: � ,� o G.VSfiars�LACOMMOMCONfRAC11TItICNCL�20 WNCkimvemw wpd DATE: 7 �Z7�D0 Li�Cl�an/ Tom Ohlson Locai 120 DaTE: 8 - �/-�o /� ���-.., Tom Besaw Local 132 DATE: "� ��6 i mr-7 �Y � ASSIGNMENT GUIDELINES FOR RAKER PREMIUM PAY JIJLY 11. 2000 Senior empioyees shall be awazded preference for Raker duty assignments. 2. Duty assignment shall be limited to those personnel assigned to an office. Assignments will not require transfer between offices or crews. 3. Should duty assignments change during the work day, once crews are assigned, assignments may be made to staff on a crew (i.e. sick leave or other absences from crew, or change in work performed by crew). 4. Management maintains the right to make assignments which vary from these Assignment Guidelines. Examples of such variances may include: a) most senior employee can't do the job, b) manager training a junior employee, c) most senior employee not nnmediately auailable. 5. Disputes regarding the application of these guidelines may be addressed in writing to the Office of Labor Relarions. Labor Relations will investigate and respond in writing to the Union. �