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00-78Council File # �p -1 B` ORIGINAL Presented Referred To Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 Febrnary 1, 1998 through 3anuary 31, 2001 Collective Bargaining Agreement between the City of Saint Paul and the International Alliance of Theatrical Stage Employees, Local No. 13, A�'L-CIO. Requested by Depazhnent of: Office of Labor Relations BY: � � J�' Form Ap oved b Ci Attorney B r�� Adoption Certified by Council Secretary C�� Green Sheet # 08912 RESOLUTION CfTY OF SA1NT PAUL, MINNESOTA �a App Mayor ub �ission to Council By:� Approvedby ate_ By: �� Adopted by Council: Date � ,� . � ��C7 � DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET 1vo.: os912 �o -�8' LABOR RELATIONS 7anuazy 18, 2000 CONTACT YERS0T3 & PHONE: � AlIT1aLDnTE INiTIn7.IDATe TERRY HAI,TINER 266-8897 �iG� 1 DEPARTMEI3T DIIt 'f �-� 4 CSTY COUI3CIL NUMBER 2 CITY ATfORNEY ��.C. CITY CLERK MUST BE ON COUNCII, AGENDA BY (DATEJ FOR BiIDGGEI' DIR. FIl3. & MGT. SERVICE DIR ROUTING 3 MAYOR (OR ASSI.) � ORDER TOTPL # OF S1GNA'I'IJRE PAGES 1 (CLIP ALL LOC,ATIONS FOR SIGNATURE) ncrioN�QVESren: Tius resolurion approves the attached Februacy 1, i998 through 7anuazy 31, 2�01 Coliective $argaining Agreement between the City of Saint Paul and the International Alliance of Theatrical Stage Employees, Locai No. 13, AFLCIO. RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS M1JST ANSWER TAE FOLLOWING QUESTIONS: _PLANNING COMT�IISSION _CIVIL SFS2VIC£ COMMISSION 1. Has Niis person/fum ever worked under a contract for ihis department? _CIB COMMIITEE Yes No STAFF 2. Hac this persoNfirm ever been a clty employee? D157'RICT COURT Yes No SUPPORTS WtIICH COIJNCII, OBJECTIVE? 3. Does this personlfittn possess a skiil not normally possessed by any current city employee? Yes No Explain sll yes aoswers on separate s6eet and atfac6 to green sheet INITIATIlVGPROBLEM,I3SUE The Collective Bargaining Agxeement with the International Alliance of Theatrical Stage Employees had expired. The City is required to negotiate with the Bargaining Unit. ADVANTAGESIFAPPROVED: ��4�X�17�l�T. An Agreement reached through good faith bargaining will be in place through January 31, 2�01. DISADVANTAGES IF AYPROVED: NOriO. -� DiSnDVnNTaGES[F1voTnPexovED: The City would be required to reopen negotiations with the Bargaining Unit. This would strain relations with the Bargaining Unit and possiblg lead to a strike. TOTAL AMOUNT OF TAANSACTIOSI: COSTJREVENUS BUDGETED: FONDING SOURCE: - ACt'NITY NUMBER: FSNANCiALINFORMATION: (EXPLAIAI) �3JiAia�w� �J«@.fi�Yt'M1`F9. 4?��i''�§G� . �.. ._. ��'k ✓ 0 0 -�6' ATTACHIvIENT TO THE GREEN SHEET The Intemafional Alliance of Theatrical Stage Employees and Motion Picture Machine Operators of the United States and Canada, Local Union No.13, AFL-CIO Below is a suminary of the changes in the Collective Bazgaining Agreement between the City and the International Alliance of Theatrical Stage Employees and Morion Pichue Machine Operators of the United States and Canada, Local Union No. 13, AFL-CIO. The new contract is for the period of Febniary 1, 1998 through 7anuary 31, 2001. Wages: 1998: 2.75% (Splits*: 02/98 2.0%; 09/98 0.75%) 1999: 2.5% (Splits: 02f99 2.0%; 04l99 0.5%) 2000: 3.0% * Wage implementation dates Health Insurance: 1998: Single $178.95 per month Family $349.41 per month 1999: Single $193.25 per month Family $364.15 per month 2000: Single $211.62 per month Family $382.52 per month The Union, International Alliance of Theatrical Stage Employees, Loca1 No. 20, AFL-CIO, merged with International A1liance of Theatrical Stage Employees, Local No. 13, AFL-CIO. The merged entity has taken the Local No. 13 title. Please see page two for the economic details. �o -'1B' Attachment to the Green Sheet The Intemational Alliance of Theatrical Stage Bmployees and Motion Picture Machine Operators of the United States and Canada, Local Union No. 13, AFL-CIO. Page 2 Costs: Wages Aealth Tnsurance Total: $ 1998 $2582.62 $156.00 $2738.62 1999 $2446.70 $520.08 $2966.78 2000 $3262.26 $66132 $3923.58 Language Changes (summary) The contract includes other changes to contract language wluch aze housekeeping in nature. 00-7� m E W m N C � � S 3 V W � � � O U T 0 E V a a' O LL � G � N � � � o � � m � e e � � o . . . . e � g e �, � S Q a . � m `°„ `> 2 Z 't 'n ry ti 19K N p N N N y N N tl1 Q m a r io m m m � ° m m m m m � ° n n V U Q m t� m T C y� � U J C � � � m L 0 0` —O '� m � � = z � � � � m � 33 �,_ m� � o � v, w o� s� "' ° > � �' � c m ` ; m D m m` � a w �° » V � � w m w m �w m �» 'u w u w E Z m � _ E Y m m m m o m m H m w' 3 y m� 3= 3 0 � � E � m O Z Z Z U � K 2 � Z � Z� Z O Z U 2(J Z O F��- LL e � N W b � � � V N A � • • w � Q Q Q � � � W 2 2 2 p N N M Y1 W M N N y ,� a m � N N h N � N L�f N h N y O � 9 C �� Q 0 C � C 4 p R p � C a � b I- 0 � � O � O d V 9 U .�r U � S � W w�. 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Recognition ...................... Union Rights .................... Payroll Deductions........... Management Rights ......... Safety............................... PAGE ............ ii .......................1 .......................3 .......................4 .......................5 .......................6 Discipline Procedures .................................................................. : ...............7 Hours ............................................................................................................8 Insurance....................................................................................................10 Grievance Procedure ..................................................................................12 Sick Leave ..................................................................................................15 Vacations ....................................................... Holidays ........................................................ Severance Pay ............................................... Wages ............................................................ Savings Clause .............................................. Jurisdiction .................................................... Strikes and Lockouu ..................................... 5ubcontracting and Privatization .................. Terms of Agreement ..................................... .................................16 .................................17 .................................19 .................................21 ....................................22 ....................................23 ....................................24 ....................................25 ....................................26 Appendix A(Job Classificafions and Rates of Pay) i ................Al o�-?� , : � � fi�7�T�.7ui: ��1 This AGREEMENT is entered into by and between the City of Saint Paul, Minnesota (the Employer) and the International Alliance of Theatrical Stage Employees, Local Union No. 13, AFL-CIO (the ITnion) for the purpose of establishing the terms and conditions of employment for certain employees of the Employer who are represented for purposes of collective bargaining by the Union and to establish procedures for the resolution of disputes between the parties. The EMPLOYER and the LJNION encourage the highest possibie degree of practical, friendly, cooperative relationships between their respective representatives at all levels. The ofFicials of the EMPLOYER and the LTNTON realize that this goal depends primarily on cooperative attitudes beriveen people in their respective organizations and at a11 levels of � responsibility, and that such attitudes aze developed through an understanding of and regard for the respective rights and responsibilities of the EMPLOYER, its Employees, and the Union. There shall be no discriminarion against any Employee by reason of race, color, creed, . sex, gender, marital status, sexual orientation, national origin, disability or LTNION membership in the application of the terms and provisions of this Agreement. o � � � ii � Lr oe- g J � ARTICLE 1- RECOGrTITION 1.1 The EMPLOYER recognizes the iJrtION as the exclusive representative for atl theatricat stage Employees who aze employees or public employees within the meazung of Minnesota Statutes § 179A.03, Subd. 14 as certified by the Bureau af Mediation Services, State of Minnesota, in BMS Case No. 82-PR-597-A, as the same may have been or may be amended or clarified from time ta time, excluding supervisors and confidential employees within the meaning of Minnesota Statutes § 179.03 Subds, 17 and 4 respectively. All full time and regulazly scheduled part-time employees of the Employer who aze Pubiic Empioyees under PELRA and whose job ciassifications are shown in Appendix � "A" of this Agreement, wherever they may be assigned to work, shail be covered by the provisions of this Agreement. Disputes which may arise between the Employer and the Union over the inclusion or exclusion of any job classifications may be refened by either Party to the Commissioner, Bureau of Mediation Services, State of Minnesota, for determination in accordance with the applicable statutory provisions. Determinauons by the Commissioner sha11 be sub}ect to such review and determination as is provided by statute and such rules and regulations as are promuigated thereunder. , -i- �� a 1.2 The EMPLOYER shall not eater into agreements with Employees that conflict in any � way with the terms of ttris AGREEMEN'T, and it shall meet and negotiate over the terms and conditions of employment for bargaining unit employees, adjust grievances and conduct azbitration proceedings only with the authorized busiaess regresentatives of ihe i� .� 1.3 The Union shall not eaier into any agreements conceming the terms aad conditions of employment for bargaining unit emplayees, adjust grievances or conduct arbitration proceedings except with the authorized labor reiations representatives of the Employer. -2- � - A tx n 4 � ARTICLE 2 - ITNION RIGHTS 2.1 The [Jr1ION may designate employees from within the bargaining unit to act as Stewards and shall inform the EMPLdYER in writing of such designations. Such Empioyees shall have the rights and responsibilities as desigiated in ARTTCLE 9(GRIEVANCE PROCEDURE). There shall be no more than one Steward involved in any one specific grievance. The Union shall notify the Empioyer in writing of the names of the Stewards and of their successors when so named. 2.1.1 Stewards shall have ihe right to meet with EMPLOYER-designated representatives concerning issues of safety and/or alleged violations of this Agreement. Except where a matter involving ihe imminent safety of employees is � concerned, the activities of stewards and bargaining unit employees conceming the presentation and/or processing of grievances shall not unreasonably interfere with the Employer's operation, stewazds and bargaining unit employees sha11 continue to perform their assigned duties fully and properly notwithstanding any unresoived or pending grievance. 2.2 Designated UI�tION Representatives shali be peraritted to visit Employees on job sites and buildings dur'sng working time provided thsy do not unreasonably interfere with the work which has been assigned to employees or with the Employer's operation.. . -3- ARTICLE 3 - PAYROLL DEDUCTIONS 3.1 The EMPLOYER sbatl, upon the written request of any regulaz Employee in the unit, deduct such sum as the LJrTION may specify for initiation fees, assessments and/or -_iii embership dues provided such deductions are uniformly established. The EMPLOYER shall remit such deductions to the appropriate designated representative of the IJNION on a moathly basis. 3.2 The iJNION will indemnify, defend and hold hazmless tfie EMPLOYER against any claims made and against any suits instiiuted against the EMPLOYER, its officers or empioyees, by reason of negligence of tke L'NION in requesting or receiving deducuons under this ARTICLE. The EMPLOYER wili indemnify, defend and hoid harmless the iJNION against any claims made and against any suiu instituted against the LTNION, iu offcers or employees by reason of negligence on the pazt of the EMPLOYER in making or forwazding deductions under this ARTTCLE. � � • � � � YI ARTICLE 4 - MANAGEMENT RIGHTS � _� 4.1 The ITNION recognizes the right of the EMPLOYER to operate and manage iu affairs in al] respects in accozdance with applicable laws and regulations of apptopriate authorities. All rights and authority which the EMPLOYER has not officially abridged, delegated, or modified by this AGREEMENT are retained by the EMPLOYER. 4.2 The EMPLOYER is not required to meet and negotiate on matters of inherent managerial policy, which include but aze not lunited to, such azeas of discretion or policy as the functions and programs of the EMPLOYER, its overall budget, utilizauon of technology, and organizational structure and selection and direction and number of personnel. � DD-7$' . -5- Y ARTICLE 5 - SAFETY 5.1 Accident and injury free operatioas shall be the goal of the EMPLOYER and iu Employees. Therefore, the Employer and its employees shall, to the best of their ability, comply with the requirements of all applicable State and Federal Safety Codes and Regulations. 5.2 The EMPLOYER shatt from time to time issue niles or notices to Employees regarding on-the job safety requirements. Any Employee vioIating such rules or notices shaii be subject to discipIinary action. � �.� � � `` `` dd-7� � ARTICLE 6 - DISCIPLINE PROCEDURES 6.1 T'he EMPLOYER will discipiine Employees for just cause only. Disciplinary acuons may include any of the following and, depending upon the seriousness of the offense and the employee's relevant record of employment with the Employer, shall normally be administered progressively in the foliowing order: a) Reprimands, either oral or written; b) Suspension; c) Reduction; d) Dischazge � 6.2 63 Suspensions, reductions and dischazges will be in written form. It shall be the Employer's policy not to discipline the employee in the presence of the public. A notice in writing of suspensions, reductions and dischazges shall be sent to the Employee and the IJNION within seventy-two (72) hours after such action is taken. 6.4 Dischazges will be preceded by a five (5) day preliminary suspension without pay. During said period the Employee and/or UNION may request, and shall be entifled to, a meeting with the EMPLOYER representaxive who initiated the suspension with intent to discharge. During said five (5) day period, the EMPLOYER may affirm ihe suspension and dischazge in accordance with Civil Service Rules, or may modify or withdraw the recommendation for discharge. 6.5 Grievances relating to this ARTICLE shall be processed in accordance with the grievance procedure under ARTICLE 9 of this Agreement. 6.6 Employees who aze unabie to report for their normai work day have ihe responsibility to notify their supervisor of such absence as soon as possible, but in no event later than one-half hour before the beginning of such work day. 6.7 Failure to make such notification may be grounds for discipline. , _7_ ARTICLE 7 - HOURS 7.1 When employees report for work as scheduied, they shalI be guaranteed four (4) hours of work or pay in lieu thereof, These provisions, however, shatl noi be effective when work is unable to proceed because of adverse weather conditions. 72 Hours worked in excess of eight (8) in any work day and/or forty (40) hours in a work week shall be compensated in the form of compensatory time off with pay at the rate of one and one-hatf ( 2'h) hours of compensatory time for each fiour so worked or, at the Employer's option, in pay at the rate of one and one-half (1 �/s) times the employee's hourIy rate. 73 To any employee who works on a regularTy assigned shift, beginning earlier than 6:00 a.m. or ending later than 6:00 p.m., provided that at least five hours of the shiftare worked between the hours of 6:00 pm. and 6:00 a.m., there shall be paid a night differentiat of five percent (5%) of the base rate, for the entire shift. �. - To any employee who works on a mgulazly assigned shift, beginning eazlier than 6:00 a.m. or ending Iater than 6:00 p.m., but iess than five hours of the shift aze worked between the hours of 6:00 p.m. and 6:00 a.m., there shall be paid a night differential of five percent (5%) of the base rate, for the hours worked. � The night differential shall be paid only for those night shifts actually worked. 7.4 All employees shal] receive a Yhirty (30) minute meal period after not less than three (3) or no later than five (5) hours af work. Employees shall not be required to work during the meal period except where emergency demands for service are compelting and cannot reasonably wait unril the meal period is over. In such cucumstances and unti] a meal period is granted, empioyees shaII be compensated in the form of compensatory time off at the rate of one-half (1/2) increment of the base rate per hour over the prevailing hourly rate. 7.4.1 One (1) paid rest period of fifteen (IS) minutes' duration shall be granted during each four (4) hours of work except during performances or reheazsals. Reasonabie efforts shall be made to schedule such breaks between the second and third, and sixth and seventh hours of work. 7.5 Except when a meal penalty pursuant to the provisions of this Agreement at Section 7.4 is in effect, the multiple pay provisions of ttus Agreement shall not be dupiicated or applied to the same hours of work. The highest multiple or greatest premium applicable shall be paid. �:� . � 7.6 The use of accumulated compensatory time shall be subject to advance scheduling and supervisory approval. Employees and their supervisors shall ditigently work together to maintain compensatory time balances at the lowest practical level while taking compensatory time off with pay at Umes which do not unreasonably interfere with the Employer's operation. Accumulated compensatory time shall be paid in full to employees at the time their employment terminates for any reason. � � I i� • -9- ARTICLE 8 - INSURANCE 8.1 The insuraace plans, premiams for coverages and benefits contained in the insurance �, plans offered by the EMPLOYER shall 6e solely controlied by the contracts negotiated by the EMPLOYER and the benefit providers. The EMPLOYER will attempt to preveat any changes in the benefits offered by the benefit providers. However, the employees selecting the offered plans agree Yo accept any changes in benefits which a specific provider implemenis. 8.2 For each eligible regutar full-time emp2oyee covered by ttris AGREEMENT who selects single insurance coverage, the EMPLOYER will contribute the full cost of the single health insurance premium. 8.2.1 Effective ]auuary 1, 1998, the EMPLOYER will conhibute for each fuil-time eligible employee who selects family coverage, three hundred forty-nine and 41/I00 dollazs ($349.41} per moath towazd the cost of family heatth insurance. Effective January 1,1998, the Employer wiIl contribute for each eligible full-time regular employee covered by this agreement who selects single insurance coverage, the fuil cost of the single health insurance premium. $.2.2 Effective January i, 1999, the EMPLOYER will contribute for each fuit-time eligible employee who selects family coverage, three hundred si�cty-four and I S/100 dollars ($364.15) per month towazd the cost of family health insurance. Effective Januar,v 1,1999, the Employer will conh�ibute for each eligible full-time � regular empioyee covered by this agreement who setects singte insurance coverage, the full cost of ihe single health insurance premium. 8.2.3 Effective January 1, 2000, the EMPLOYER wilI contribute for each fuii-time eligible employee who setects family coverage, three hizndred sixty-foeu and 15/100 dotlazs ($364.I5) plus tEie yeaz 2000 increase in single health caze premiums, per month toward the cost of family health insurance. Effective January 1, 2Q00, the EmpIoyer will contribute for each eligible fuIl-time regulaz employee covered by flus agreement who selects single insurance coverage, the full cost of the singIe heaith insurance premium. 8.3 For the purpose of tIus ART'IGLE 8, full-time employment is defuxed as appearing on the payroll at least 32 hours per week or ai least 64 hours per pay period excluding overtime hours. 8.4 For each eligible regulaz fuil-time employee, the EMPLOYER witl contribuLe the cost of a five thousand dollaz ($5,000) group term Iife insurance policy. As soon as possible and practical after this Agreement has been approved by both parties, the Emptoyer will contribute the cost of a ten thousand dollaz ($10,000) group term life insutance policy for each regular full-time employee. � �GZ �6-�� ARTICLE 8 — INSURANCE (cont.) � 8.5 For full-time eligible employees who meet all the conditions in ARTICLE 8.6 below and who rerire, the EMPLOYER will provide, for the life of the retiree, the full cost of the least expensive single health insurance coverage provided by the EMPLOYER at the time the employee retires. The Employer's contribution shall remain constant, except that such contribution amount shall be changed to at the full cost of the least expensive premium offered by the Employer at the time the retiree reaches age 65, if such occurs after the date of retirement. For employees who retire and have not completed at least twenty (20) years of service with the Employer at the time of their retirement, the EMPLOYER will discontinue providing health insurance contributions upon theu retirement. 8.6 Eligible employees who retire must meet the following conditions at the time of retirement to be eligible for Employer contributions towazd the cost of heakh irisurance in retirement as set forth in ARTICLE 8.�. 8.6.1 Be receiving benefits from a public employee retiree act at the time of retirement. AND 8.6.2 Have severed hislher relationship with the Employer under any eazly retiree pians. AND � 8.b.3 Must have completed at least twenty (20) years of employment with the Employer. Time worked with Independent School District 625 will not be counted towazd the ttventy (20) year requirement. AND 8.6.4 Were hired prior to January I, 1444. 8.1 The contributions indicated in this ARTICLE shall be paid to the EMPLOYER's T'hird Party Administrator. 8.8 Any required premiums for singie or family insurance coverage which aze in excess of the Employer contributions set forth in this ARTICLE shall be paid by the Employee through authorized payroll deductions. 8.9 This ARTTCLE shall apply only to regulaz full-time employees. � -11- ARTICLE 9 - GRIEVANCE PROCEDURE 9. I Tfie processing of grievances as hereinafter provided is limited by the job duties and � responsibilities of the Employees and shall therefore be accomplished during working hours only when consistent with such Employee duties and responsibilities. The stewazd involved and a grieving Employee shall suffer no loss in pay when a grievance is processed during working hours, provided the stewazd and the Employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not unreasonably interfere with the Employer's operation. 9.2 The procedure established by this ARTICLE shall be the sole and exclusive procedure for the processing of grievances, wiucfi aze defined as an alleged violation of the terms and conditions of this AGREEMENT. 93 Grievances shall be resolved'sn conformance with the following procedure: Step 1.Upon the occurrence of an alleged violation of this AGREEMENT, the Ernployee involved shaIl attempt to resolve the mazter on an informal basis with the Employee's supervisor. If the matter is not resoIved to the Empioyee's satisfaction by ihe informal discussion it may be reduced to writing and referred to Step 2 by the iJNION. The written grievance shall set forth the nature of the �ievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and ttie reiief requested. Any aileged violauon of the AGREEMENT not redaced to writing by the LJNION within seven (7) calendar days of the first occurrence of � the event giving rise to the grievance or with the use of reasonabte diligence should have had knowiedge 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 shall meet with the IJNION Stewazd and attempt to resolve the grievance. If, as a result of tivs meeting, the grievance remains unresoived, the EMPLOYER shall reply in writing to the LTNION within three (3) calendar days following this meeting. The LJNION may refer the grievance in writing to Step 3 within seven (7) catendar days following receipt of the EMPLOYER's written answer. Any grievance not refened in writing by the LJNION within seven (7) calendar days following receipt of the EMPLOYER's answer shall be considered waived. Step 3. Within seven (7) calendar days folIowing receipt of a grievance referred from Step 2 a designated EMPLOYER supervisor shall meet with the LJNION's designated representative in an effort to resolve the grievance. Within seven (7) calendar days following the meeting the EMPLOYER shall reply in writing to the LTNION stating the EMPLOYER's answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the tJNION may refer the grievance to Step 4. Any grievance not refeaed to in writing by the IINION to � -12- i� ; A.RTICLE 9 - GRIEVANCE PROCEDURE (cont.) � Step 4 within seven (7) calendar days following receipt of the EMPLOYER's answer sha11 be considered waived. Oprional Mediation Step 1. If the grievance has not been satisfactorily resolved at Step 3, either the Cinion or ffie Employer may, within ten (10) calendar days, request mediation. If the parties agree that the grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediation Services, Staze of Minnesota for the assignment of a mediator. Grievauce mediation shall be completed within thirty (30) days of the assignment unless the parties mutuaily agree to lengthen the time limit. 2. Grievance mediation is an optianal and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance azbitration. VJhen grievance mediation is invoked, the contractual time limit for moving the grievance to azbitration shall be delayed for the period of inediation. 3. The grievance mediation process shall be informal. Rules of evidence shall not apply and no record shall be made of the pzoceeding. Both par[ies 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 parties, the mediator may issue an oral recommendation for settlement. Either party may requesY t6at the mediator assess how an azbittator might rule in this case. 5. The grievant shali be present at the grievance mediation proceeding. If the grievance is resoived, the grievant shall sign a statemeni agreeing to accept the outcome. Unless the parties agree otherwise, the outcome shall not be precedentiai. 6. If the grievance is not resolved and is subsequentIy moved to azbitration, such proceeding shail be de novo. Nothing said or done by the parties or the mediator during grievance mediation, with respect to their positions conceming resolution or offers of settlement, may be used or referred to during azbitration. SteQ 4.If the grievance remains unresolved, the tJI3ION may within seven (7) calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an azbitrator to be selected by mutuai agreement of the EMPLOYER and the LJNION within seven (7) day period, either party may request the Commissioner of the Bureau of Mediatian Services, 5tate of Minnesota to submit a panel of seven (7) arbivators. Both the EMPLOYER and -13- ARTICLE 4 - GRIEVANCE PROCEDURE (cont.j the LJNION shall sfrilce three (3) names from the panel. Uniess the parties agree to � the contrary, the party striking the first name from the list shait be determined by the flip of a coin. 9.4 The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREENIENT. The azbitrator shati consider and decide only the sgecific issue subatitted in writing by the EMPLOYER and the LTriION and shall have no authority to make a decision on any other issue not so submitted. The azbitrator shatl be without gower to make decisions contrary to or inconsisteat with or modifying or varying in any way the applications of taws, rules, or regulations having the force aad effect of law. The arbitrator's decisian shati be submitted in writing withiu thirty {30) days fottowing close of the hearing or the submission of briefs by the parties, whickever be laier, unless the parties agree to an extension. The decision shall be based saleIy on ihe arbivator's interpretation or application of the express tem2s of this AGREEMENT and io the facts of the grievance presented. The decision of the azbitrator shall be finai and binding on the EMPLOYER, the LTNION, and the Employees. 9.5 The fees and expenses for the arbitrator's services and proceedings shail be bome equatly by the EMPLOYER and the tJNION, provided that each party shall be responsible for compensating its own representatives and witaesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be msde, providing it pays for the record. � 9.6 The time limits in each siep of this procedure may be extended by mutual agreement of the EMPLOYER and the LTNION. � � -14- Db-Z� ARTICLE 10 - SICK LEAVE � 10.1 Sick leave credits shali be earned, accrued and used in accordance with the apgiicable ruies of the Saint Paul Civil Service Commission. 14.2 This ARTICLE applies oniy to regular futl-time employees. L� � •15- ARTiCLE 11- VACATION 11.1 Vacation credits shaII accumulate at the rates shown below for each full hour on the payroll, exctuding overtime. Years of Service 1 st yeaz thru 4th year Sth yeaz thru 14th yeaz 15th yeaz thru 24th year 25th yeaz and thereafter Hours of Vacatioa .0385 (10 daysj .0654 (i7 days) .0923 (24 days) .1000 (26 days) 11.2 The Employer may permit an Employee to cazry over one hundred twenty { 120} hours of vacatioa into the following "vacation year." For the purpose of this ARTICLE the "vacation yeaz" shall be the fiscat yeaz (IRS payrolt reportiag year). 113 The provisions of tlus Article shall be subject to the Saint Paul Salary PIan and Rates of Compensation, Secrion I, Subsection A. 11.4 If an Empioyee has an accumvlation of sick Ieave credits in excess of one hundred and eighty days, he/she may convert any part of such excess at the rate of nuo {2) days of sick leave for one (1) day of vacation up to a maximum of five (5) days of vacation. No employee may convert more than ten (IO} days of sick leave in each fiscal yeaz under this provision. Such conversion must be approved by the Employer. 1].5 This ARTICLE shall apply only to regulaz fuil-tune employees. -i6- C� �� _ r� � ARTICLE 12 - HOLIDAYS . 12.1 The following twelve (12) days shall be designated as holidays: New Yeaz's Day, January 1 Martin Luther King Day, third Monday in 3anuary Presidenu' Day, third Manday in February Memorial Day, last Monday in May Independence Day, 3uiy 4 Labor Day, first Monday in September Veterans' Day, November ll Thanksgiving Day, fourth Thursday in November Day after Thanksgiving, fourth Friday in November Christmas Day, December 25 Two floating holidays Eligible Empioyees shali receive pay for each of the holidays listed above on which they perform no work. When New Year's Day, Independence Day or Christrnas Day fall on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays fall on a Saturday, the preceding Friday shall be considered the designated holiday. 12.2 The floating holidays set forth in Section 12.1 above may be taken at any time during the � fiscal year, subject to the approvai of the Empioyer. 12.3 In order to be eligible for a holiday with pay, an Employee's name must appeaz on the payroll on any six (6) working days of the nine (9} working days preceding the holiday; or an employee's name must appear on the payroll the last working day before the holiday and on three other working days of the nine (9} working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. 12.4 If, in the judgment of the EMPLOYER, personnel aze necessary for operafing or emergency reasons, Employees may be scheduled or "called back" in accordance with ARTICLE 7.1 (Call-in-Pay) of this Agreement. 12.5 Employees entitled to a holiday and who are required to work on Martin Luther King Day, Presidents' Day, Veterans' Day, or the Day after Thanksgiving shail be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department permiu, or they shall be paid on a straight time basis for such hours worked, in addition to their regulaz holiday pay. If an Employee who is eligibie for the benefits described by this Article is required to work on I3ew Year's Day, Memorial Day, Independence Da}�, Thanksgiving Day or Christmas Day, he/she shall be compensated in the form of compensatory time off at the rate of one and one-half (1 �/z) hours of compensatory time for each hours so worked or, at the Employer's option, in pay at one and one-half (i '/x) times . the employee's hourly rate, in addition to hislher regular holiday pay. -17- ARTICLE 12 - HOLIDAYS (continued) Eligibility for Holiday pay shall be determined in accordance with Section I, Subsection I • of tfie Saint Paul Salazy Plan and Rates of Compensation. 12.6 This ARTICLE shall apply only to regulaz full-time employees. -18- � � ARTICLE 13 - SEVERANCE PAY � 13.1 The EMPLOYER shall provide a severance pay program as set forth in this ARTICLE. 13.2 To be eligible for the severance pay prograzn, an Employee must meet the following requirements: 13.2.1 The Employee must be voluntarily separated from employment or have been subject to sepazation by layoff or compuisory retirement. Emgloyees who aze discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the benefits described herein. 13.2.2 Employees applying for severance pay benefits must file with Employer a waiver of reemploytnent which clearly indicates that by zequesting severance pay, they waive all claims to reinstatement or reemployment (of any type), with the Employer, the City of Saint Paul or wiih Independent School District No. 62� as a regulaz employee. 13.2.3 The Employee must have an accumulated balance of at least eighry (80} days of sick leave credits at the time of his/her separation from service. � 13.3 If an Employee requests severance pay and if the Employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily raxe of pay for the position held by the Empioyee on ihe date of separation for each day of accrued sick leave subject to a maximum as shown betow based on the number of yeazs of service to the Employer. Years of Service with City At Least 20 21 22 23 24 25 Maaimum Severance Pay $4,000.00 $4,600.00 $5,200.00 $5,800.00 $6,400.00 $7,000.00 13.4 Upon the death of an Employee who met all of the requirements set forth above at the time of hislher death, payment of the severance pay allowed under these provisons shail be made to the Employee's estate or spouse. . -19- ��-�� ARTICLE 23 - SEVERANCE PAY (contenued) t3.5 For the purpose of ttris severance program, a transfer from the Employer to the City of Saint � Paul or to Independent School District No. 625 is not considered a separation of employment, and such transferee shall not be eligible for ttte Employer's severance program. 13.6 Fayment of severance pay shal2 be made in accordance witii ihe provisions of City Ordinance No. 11490 which shali govern the administration of the severaace pay program except where the provisions of this Article conflict therewith. • _2Q_ � , ARTICLE 14 - WAGES � 14.1 The basic houriy wage rates as set forth in Appendix A which is attached hereto and which is made a part of tIus Agreement, shall be paid for all hours worked by regvlaz bazgaining unit employees. 14.2 The basic houriy wage rates, pay minimums and conditions for all temporary employees is contained in a separate Letter of Agreement. � , -21- �� :� ARTICLE 1S - SAVINGS CLAUSE 15.1 This AGIZEEMENT is subject to the laws of the Unite3 States, the State of Minnesota, and � the City of Saint Paul. In t2ze event any provision of this AGREEMENT is held contrary to law by a court of wmpetent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shali be voided. Aii other provisions shall continue in full force and effect. � -22- - � s � x ARTICLE 16 - JURISDICTION • 16.1 Disputes concerning work jurisdiction between and among tJNIONS aze recognized as appropriate sub}ects for detezmination by the various iJNIONS representing Employees of the EMPLOYER. 16.2 In the evenz of a disgute concetning the performance or assignment of work, the IJNIONs involved and the EMPLOYER shall meet as soon as mutualiy 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 the dispute or to restrict the EMPLOYER's basic right to assign work. 26.3 Any Employee refusing to perform work assigned by the EMPLOYER shali be subject to disciplinary action as provided in AR1'ICLE 6(DISCIPLINARY PROCEDURES). 16.4 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. � 1 b.5 The subcontracting of work done by the Employees covered by this Agreement shall in all cases be made only to Employers who qualify in accordance with Ordinance I�io. 14013. � i� � , -23- 1 ) ARTICLE 17 - STRIKES AND LOCKOUTS 17.1 The IRJION and the employees it represenu shall not engage in any unlawful strike or other � activity prohibited by the provisions of Minnesota Statues §1'79A.19 during the term of tttis Agreement or any extension thereof under Minnesota Statutes §179A.20, Subd. b. 17.2 The Employer sl�all not lock out employees as a result, either direcfly or indirectty, of any disagreement or dispute with the Union during t6e term of this Agreement or any extension thereof under Minnesota Statutes §179A.20, Subd. 6. -24- � r L ARTICLE 18 — SUBCONTRACTING AND PRIVATIZATION � 18.1 The Employer shatl provide the Union with sixty (6Q) days cvritten notice prior to the effective date of any subcontract or privatization agreement wirich may result in the termination or change of employment of employees covered uader the terms and provisions of this agreemem. At the request of the Union, the parties shall meet and negotiate in an effort to m;n;m;�e the adverse effects of the Employer's decision upon the ternis and conditions of this Agreement with the affected bazgaining unit employees. � �e�� • -25- , .,� � C� ARTICLE 19 - TERMS OF AGREEMENT 19.1 This AGREEMENT shall be effecrive on the date it is executed by the parties and shall continue in fuil force and effect thru January 31, 2001, and thereafter until modified or amended by mutual agreement of the parties. Either pariy desiring to amend or modify this AGREEMENT shall norify the other in writing so as to comply with the provisions of the Pubiic Employment Labor Relations Act of 1971 as amended. Agreed and attested to as the full and complete understanding of the parties. � , . . CITY OF SAINT PAUL �� _ 1� 111 y �� Te altiner Date � Labor Relations Manager 1NTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES, LOCAL NO. 13, AFL-CIO r �a David Colby Date Business Representative � � > �N�a Matthew Rice D te Business Representative " -/ �--�d Cli rd Schieman Date Pr sident i1 i -26- t r '1 1� APPENDIX A JOB CLASSIFICATIONS AND RATES OF PAY � Effective Effective Effective Effective Effective 03/0UI998 10/Ol/1998 02/01/1999 08/0111999 02'Ol/2000 Pmductian Tufurician per hour: �, 17.04 $ 17.21 $ 17.56 3 17.6i $ 18.18 Assistant Stage Technician per hour: $ 17.09 $ 1721 $ 1Z56 5 17.65 $ 18.18 Siage Technician pet hour Ist 6 mos: $ 18.56 S 18J0 S 19.08 $ 19.17 $ 19J5 per hotiu after 6 mos: $ 19.08 $ 19.23 S 19.61 $ I9.71 $ 2030 These rates will be retroactive for hours worked since March 1, 1998. � . -Ai - oD-7�' Council File # �p -1 B` ORIGINAL Presented Referred To Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 Febrnary 1, 1998 through 3anuary 31, 2001 Collective Bargaining Agreement between the City of Saint Paul and the International Alliance of Theatrical Stage Employees, Local No. 13, A�'L-CIO. Requested by Depazhnent of: Office of Labor Relations BY: � � J�' Form Ap oved b Ci Attorney B r�� Adoption Certified by Council Secretary C�� Green Sheet # 08912 RESOLUTION CfTY OF SA1NT PAUL, MINNESOTA �a App Mayor ub �ission to Council By:� Approvedby ate_ By: �� Adopted by Council: Date � ,� . � ��C7 � DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET 1vo.: os912 �o -�8' LABOR RELATIONS 7anuazy 18, 2000 CONTACT YERS0T3 & PHONE: � AlIT1aLDnTE INiTIn7.IDATe TERRY HAI,TINER 266-8897 �iG� 1 DEPARTMEI3T DIIt 'f �-� 4 CSTY COUI3CIL NUMBER 2 CITY ATfORNEY ��.C. CITY CLERK MUST BE ON COUNCII, AGENDA BY (DATEJ FOR BiIDGGEI' DIR. FIl3. & MGT. SERVICE DIR ROUTING 3 MAYOR (OR ASSI.) � ORDER TOTPL # OF S1GNA'I'IJRE PAGES 1 (CLIP ALL LOC,ATIONS FOR SIGNATURE) ncrioN�QVESren: Tius resolurion approves the attached Februacy 1, i998 through 7anuazy 31, 2�01 Coliective $argaining Agreement between the City of Saint Paul and the International Alliance of Theatrical Stage Employees, Locai No. 13, AFLCIO. RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS M1JST ANSWER TAE FOLLOWING QUESTIONS: _PLANNING COMT�IISSION _CIVIL SFS2VIC£ COMMISSION 1. Has Niis person/fum ever worked under a contract for ihis department? _CIB COMMIITEE Yes No STAFF 2. Hac this persoNfirm ever been a clty employee? D157'RICT COURT Yes No SUPPORTS WtIICH COIJNCII, OBJECTIVE? 3. Does this personlfittn possess a skiil not normally possessed by any current city employee? Yes No Explain sll yes aoswers on separate s6eet and atfac6 to green sheet INITIATIlVGPROBLEM,I3SUE The Collective Bargaining Agxeement with the International Alliance of Theatrical Stage Employees had expired. The City is required to negotiate with the Bargaining Unit. ADVANTAGESIFAPPROVED: ��4�X�17�l�T. An Agreement reached through good faith bargaining will be in place through January 31, 2�01. DISADVANTAGES IF AYPROVED: NOriO. -� DiSnDVnNTaGES[F1voTnPexovED: The City would be required to reopen negotiations with the Bargaining Unit. This would strain relations with the Bargaining Unit and possiblg lead to a strike. TOTAL AMOUNT OF TAANSACTIOSI: COSTJREVENUS BUDGETED: FONDING SOURCE: - ACt'NITY NUMBER: FSNANCiALINFORMATION: (EXPLAIAI) �3JiAia�w� �J«@.fi�Yt'M1`F9. 4?��i''�§G� . �.. ._. ��'k ✓ 0 0 -�6' ATTACHIvIENT TO THE GREEN SHEET The Intemafional Alliance of Theatrical Stage Employees and Motion Picture Machine Operators of the United States and Canada, Local Union No.13, AFL-CIO Below is a suminary of the changes in the Collective Bazgaining Agreement between the City and the International Alliance of Theatrical Stage Employees and Morion Pichue Machine Operators of the United States and Canada, Local Union No. 13, AFL-CIO. The new contract is for the period of Febniary 1, 1998 through 7anuary 31, 2001. Wages: 1998: 2.75% (Splits*: 02/98 2.0%; 09/98 0.75%) 1999: 2.5% (Splits: 02f99 2.0%; 04l99 0.5%) 2000: 3.0% * Wage implementation dates Health Insurance: 1998: Single $178.95 per month Family $349.41 per month 1999: Single $193.25 per month Family $364.15 per month 2000: Single $211.62 per month Family $382.52 per month The Union, International Alliance of Theatrical Stage Employees, Loca1 No. 20, AFL-CIO, merged with International A1liance of Theatrical Stage Employees, Local No. 13, AFL-CIO. The merged entity has taken the Local No. 13 title. Please see page two for the economic details. �o -'1B' Attachment to the Green Sheet The Intemational Alliance of Theatrical Stage Bmployees and Motion Picture Machine Operators of the United States and Canada, Local Union No. 13, AFL-CIO. Page 2 Costs: Wages Aealth Tnsurance Total: $ 1998 $2582.62 $156.00 $2738.62 1999 $2446.70 $520.08 $2966.78 2000 $3262.26 $66132 $3923.58 Language Changes (summary) The contract includes other changes to contract language wluch aze housekeeping in nature. 00-7� m E W m N C � � S 3 V W � � � O U T 0 E V a a' O LL � G � N � � � o � � m � e e � � o . . . . e � g e �, � S Q a . � m `°„ `> 2 Z 't 'n ry ti 19K N p N N N y N N tl1 Q m a r io m m m � ° m m m m m � ° n n V U Q m t� m T C y� � U J C � � � m L 0 0` —O '� m � � = z � � � � m � 33 �,_ m� � o � v, w o� s� "' ° > � �' � c m ` ; m D m m` � a w �° » V � � w m w m �w m �» 'u w u w E Z m � _ E Y m m m m o m m H m w' 3 y m� 3= 3 0 � � E � m O Z Z Z U � K 2 � Z � Z� Z O Z U 2(J Z O F��- LL e � N W b � � � V N A � • • w � Q Q Q � � � W 2 2 2 p N N M Y1 W M N N y ,� a m � N N h N � N L�f N h N y O � 9 C �� Q 0 C � C 4 p R p � C a � b I- 0 � � O � O d V 9 U .�r U � S � W w�. 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Vi � t3 � w p_ l9 Z m N h y E m°' 3 3 3 c 3 3 q 3 3 m 3'� 3 E V m E � m Y 0 zz zci z K z 5 z5 z= z o zo zci z5 t o o � 0 f � n N O n h O A {V 1� 1� n N V Z Z Z � � p � N q Yl N W N Y! p Q N� N N l� N N M (7 � C�j M p�j �j � o V � � � C O � N O ,O R � W O N O F N � N N � > � vl a � n � � p� �� y m w� p a S� j c m m t m« v� u m� m d u�c m E u o m m m N o` m o` m�+ m� m m� m 9 w o m ti m m m m o m o m 5 m 5 m= m � m U m o m o m m h O n O p A q �' O � � a • • 4 � � N e ' W � N Z Z � 0 n � N (9 W N Yl N N IA q N N N 0 0 N � � � � � � � A N N N N N N W � O f (p � � G � N O Y � q � O O N N � � L � � 3 rq o °' � � a � t�n _ w �° o'' u' .�, m Y 'c Q a a o 3 � o a°� „`o, u o u .Q c .°. `-° °"' ,�,° n �i m w '..' v (9 E9 f9 � IR (J f9 � f9 R f9 R tfl N (9 � (A 6 M E Z m B LL� m 3' 3 3 3' 3� 3� 3� 3� ��' 3�} 3 E 3 �,°> �^ � � �_ �❑ Z Z Z U Z 2 Z � Z= Z= Z❑ Z U Z U Z O f� li e F�- (� � � n V N , , _ Q v m Q � 0 Z y Z w N q q N w w Q _ Q O N Ip N N b � 1� W N � r U � � U � C � � N p 0 p � R F � W O 0 V � V �� `� � � Q y� b L m � N a in u E� p � �� in m w� d a o E Y� 5 d w v v m g E m� m� m�� v m o v w � U � m N� V mCJ m= m� m= ro O 0CJ ro V ro`o m0 h F d N a y E J s O c c m e 0 a v r a N E J N N T a N E J n m` O c C N e m N > O v C C 0 e m �,, y� �s r �.� ��0 . :� � FEBRUARY 1,1998 THI2QUGH JANUARY 31, 2�01 � COLLECTI�E BARGAINIl�G AGREEIV�ENT � � . , , � � �ETWE�N�_ � � � � � � � � � THE CIT� OF SA�TT PAUL �-. _ - � � � �� - � �_ INTERNATIQNAL ALI,IANCE OF T'HEA'TRICAL ' � � � � � � � � � � � � � � �� _ �STAGE , - __ EMPLO.YEES;-L'OCAL N4.13, AFL-CIO - � . . �� - _. � �. � . � � � � � � �� ., � � � � LJ ARTICLE 1 2 3 4 5 6 7 8 4 t0 11 12 13 14 15 16 17 18 19 INDEX TITLE Preamble ...... Recognition ...................... Union Rights .................... Payroll Deductions........... Management Rights ......... Safety............................... PAGE ............ ii .......................1 .......................3 .......................4 .......................5 .......................6 Discipline Procedures .................................................................. : ...............7 Hours ............................................................................................................8 Insurance....................................................................................................10 Grievance Procedure ..................................................................................12 Sick Leave ..................................................................................................15 Vacations ....................................................... Holidays ........................................................ Severance Pay ............................................... Wages ............................................................ Savings Clause .............................................. Jurisdiction .................................................... Strikes and Lockouu ..................................... 5ubcontracting and Privatization .................. Terms of Agreement ..................................... .................................16 .................................17 .................................19 .................................21 ....................................22 ....................................23 ....................................24 ....................................25 ....................................26 Appendix A(Job Classificafions and Rates of Pay) i ................Al o�-?� , : � � fi�7�T�.7ui: ��1 This AGREEMENT is entered into by and between the City of Saint Paul, Minnesota (the Employer) and the International Alliance of Theatrical Stage Employees, Local Union No. 13, AFL-CIO (the ITnion) for the purpose of establishing the terms and conditions of employment for certain employees of the Employer who are represented for purposes of collective bargaining by the Union and to establish procedures for the resolution of disputes between the parties. The EMPLOYER and the LJNION encourage the highest possibie degree of practical, friendly, cooperative relationships between their respective representatives at all levels. The ofFicials of the EMPLOYER and the LTNTON realize that this goal depends primarily on cooperative attitudes beriveen people in their respective organizations and at a11 levels of � responsibility, and that such attitudes aze developed through an understanding of and regard for the respective rights and responsibilities of the EMPLOYER, its Employees, and the Union. There shall be no discriminarion against any Employee by reason of race, color, creed, . sex, gender, marital status, sexual orientation, national origin, disability or LTNION membership in the application of the terms and provisions of this Agreement. o � � � ii � Lr oe- g J � ARTICLE 1- RECOGrTITION 1.1 The EMPLOYER recognizes the iJrtION as the exclusive representative for atl theatricat stage Employees who aze employees or public employees within the meazung of Minnesota Statutes § 179A.03, Subd. 14 as certified by the Bureau af Mediation Services, State of Minnesota, in BMS Case No. 82-PR-597-A, as the same may have been or may be amended or clarified from time ta time, excluding supervisors and confidential employees within the meaning of Minnesota Statutes § 179.03 Subds, 17 and 4 respectively. All full time and regulazly scheduled part-time employees of the Employer who aze Pubiic Empioyees under PELRA and whose job ciassifications are shown in Appendix � "A" of this Agreement, wherever they may be assigned to work, shail be covered by the provisions of this Agreement. Disputes which may arise between the Employer and the Union over the inclusion or exclusion of any job classifications may be refened by either Party to the Commissioner, Bureau of Mediation Services, State of Minnesota, for determination in accordance with the applicable statutory provisions. Determinauons by the Commissioner sha11 be sub}ect to such review and determination as is provided by statute and such rules and regulations as are promuigated thereunder. , -i- �� a 1.2 The EMPLOYER shall not eater into agreements with Employees that conflict in any � way with the terms of ttris AGREEMEN'T, and it shall meet and negotiate over the terms and conditions of employment for bargaining unit employees, adjust grievances and conduct azbitration proceedings only with the authorized busiaess regresentatives of ihe i� .� 1.3 The Union shall not eaier into any agreements conceming the terms aad conditions of employment for bargaining unit emplayees, adjust grievances or conduct arbitration proceedings except with the authorized labor reiations representatives of the Employer. -2- � - A tx n 4 � ARTICLE 2 - ITNION RIGHTS 2.1 The [Jr1ION may designate employees from within the bargaining unit to act as Stewards and shall inform the EMPLdYER in writing of such designations. Such Empioyees shall have the rights and responsibilities as desigiated in ARTTCLE 9(GRIEVANCE PROCEDURE). There shall be no more than one Steward involved in any one specific grievance. The Union shall notify the Empioyer in writing of the names of the Stewards and of their successors when so named. 2.1.1 Stewards shall have ihe right to meet with EMPLOYER-designated representatives concerning issues of safety and/or alleged violations of this Agreement. Except where a matter involving ihe imminent safety of employees is � concerned, the activities of stewards and bargaining unit employees conceming the presentation and/or processing of grievances shall not unreasonably interfere with the Employer's operation, stewazds and bargaining unit employees sha11 continue to perform their assigned duties fully and properly notwithstanding any unresoived or pending grievance. 2.2 Designated UI�tION Representatives shali be peraritted to visit Employees on job sites and buildings dur'sng working time provided thsy do not unreasonably interfere with the work which has been assigned to employees or with the Employer's operation.. . -3- ARTICLE 3 - PAYROLL DEDUCTIONS 3.1 The EMPLOYER sbatl, upon the written request of any regulaz Employee in the unit, deduct such sum as the LJrTION may specify for initiation fees, assessments and/or -_iii embership dues provided such deductions are uniformly established. The EMPLOYER shall remit such deductions to the appropriate designated representative of the IJNION on a moathly basis. 3.2 The iJNION will indemnify, defend and hold hazmless tfie EMPLOYER against any claims made and against any suits instiiuted against the EMPLOYER, its officers or empioyees, by reason of negligence of tke L'NION in requesting or receiving deducuons under this ARTICLE. The EMPLOYER wili indemnify, defend and hoid harmless the iJNION against any claims made and against any suiu instituted against the LTNION, iu offcers or employees by reason of negligence on the pazt of the EMPLOYER in making or forwazding deductions under this ARTTCLE. � � • � � � YI ARTICLE 4 - MANAGEMENT RIGHTS � _� 4.1 The ITNION recognizes the right of the EMPLOYER to operate and manage iu affairs in al] respects in accozdance with applicable laws and regulations of apptopriate authorities. All rights and authority which the EMPLOYER has not officially abridged, delegated, or modified by this AGREEMENT are retained by the EMPLOYER. 4.2 The EMPLOYER is not required to meet and negotiate on matters of inherent managerial policy, which include but aze not lunited to, such azeas of discretion or policy as the functions and programs of the EMPLOYER, its overall budget, utilizauon of technology, and organizational structure and selection and direction and number of personnel. � DD-7$' . -5- Y ARTICLE 5 - SAFETY 5.1 Accident and injury free operatioas shall be the goal of the EMPLOYER and iu Employees. Therefore, the Employer and its employees shall, to the best of their ability, comply with the requirements of all applicable State and Federal Safety Codes and Regulations. 5.2 The EMPLOYER shatt from time to time issue niles or notices to Employees regarding on-the job safety requirements. Any Employee vioIating such rules or notices shaii be subject to discipIinary action. � �.� � � `` `` dd-7� � ARTICLE 6 - DISCIPLINE PROCEDURES 6.1 T'he EMPLOYER will discipiine Employees for just cause only. Disciplinary acuons may include any of the following and, depending upon the seriousness of the offense and the employee's relevant record of employment with the Employer, shall normally be administered progressively in the foliowing order: a) Reprimands, either oral or written; b) Suspension; c) Reduction; d) Dischazge � 6.2 63 Suspensions, reductions and dischazges will be in written form. It shall be the Employer's policy not to discipline the employee in the presence of the public. A notice in writing of suspensions, reductions and dischazges shall be sent to the Employee and the IJNION within seventy-two (72) hours after such action is taken. 6.4 Dischazges will be preceded by a five (5) day preliminary suspension without pay. During said period the Employee and/or UNION may request, and shall be entifled to, a meeting with the EMPLOYER representaxive who initiated the suspension with intent to discharge. During said five (5) day period, the EMPLOYER may affirm ihe suspension and dischazge in accordance with Civil Service Rules, or may modify or withdraw the recommendation for discharge. 6.5 Grievances relating to this ARTICLE shall be processed in accordance with the grievance procedure under ARTICLE 9 of this Agreement. 6.6 Employees who aze unabie to report for their normai work day have ihe responsibility to notify their supervisor of such absence as soon as possible, but in no event later than one-half hour before the beginning of such work day. 6.7 Failure to make such notification may be grounds for discipline. , _7_ ARTICLE 7 - HOURS 7.1 When employees report for work as scheduied, they shalI be guaranteed four (4) hours of work or pay in lieu thereof, These provisions, however, shatl noi be effective when work is unable to proceed because of adverse weather conditions. 72 Hours worked in excess of eight (8) in any work day and/or forty (40) hours in a work week shall be compensated in the form of compensatory time off with pay at the rate of one and one-hatf ( 2'h) hours of compensatory time for each fiour so worked or, at the Employer's option, in pay at the rate of one and one-half (1 �/s) times the employee's hourIy rate. 73 To any employee who works on a regularTy assigned shift, beginning earlier than 6:00 a.m. or ending later than 6:00 p.m., provided that at least five hours of the shiftare worked between the hours of 6:00 pm. and 6:00 a.m., there shall be paid a night differentiat of five percent (5%) of the base rate, for the entire shift. �. - To any employee who works on a mgulazly assigned shift, beginning eazlier than 6:00 a.m. or ending Iater than 6:00 p.m., but iess than five hours of the shift aze worked between the hours of 6:00 p.m. and 6:00 a.m., there shall be paid a night differential of five percent (5%) of the base rate, for the hours worked. � The night differential shall be paid only for those night shifts actually worked. 7.4 All employees shal] receive a Yhirty (30) minute meal period after not less than three (3) or no later than five (5) hours af work. Employees shall not be required to work during the meal period except where emergency demands for service are compelting and cannot reasonably wait unril the meal period is over. In such cucumstances and unti] a meal period is granted, empioyees shaII be compensated in the form of compensatory time off at the rate of one-half (1/2) increment of the base rate per hour over the prevailing hourly rate. 7.4.1 One (1) paid rest period of fifteen (IS) minutes' duration shall be granted during each four (4) hours of work except during performances or reheazsals. Reasonabie efforts shall be made to schedule such breaks between the second and third, and sixth and seventh hours of work. 7.5 Except when a meal penalty pursuant to the provisions of this Agreement at Section 7.4 is in effect, the multiple pay provisions of ttus Agreement shall not be dupiicated or applied to the same hours of work. The highest multiple or greatest premium applicable shall be paid. �:� . � 7.6 The use of accumulated compensatory time shall be subject to advance scheduling and supervisory approval. Employees and their supervisors shall ditigently work together to maintain compensatory time balances at the lowest practical level while taking compensatory time off with pay at Umes which do not unreasonably interfere with the Employer's operation. Accumulated compensatory time shall be paid in full to employees at the time their employment terminates for any reason. � � I i� • -9- ARTICLE 8 - INSURANCE 8.1 The insuraace plans, premiams for coverages and benefits contained in the insurance �, plans offered by the EMPLOYER shall 6e solely controlied by the contracts negotiated by the EMPLOYER and the benefit providers. The EMPLOYER will attempt to preveat any changes in the benefits offered by the benefit providers. However, the employees selecting the offered plans agree Yo accept any changes in benefits which a specific provider implemenis. 8.2 For each eligible regutar full-time emp2oyee covered by ttris AGREEMENT who selects single insurance coverage, the EMPLOYER will contribute the full cost of the single health insurance premium. 8.2.1 Effective ]auuary 1, 1998, the EMPLOYER will conhibute for each fuil-time eligible employee who selects family coverage, three hundred forty-nine and 41/I00 dollazs ($349.41} per moath towazd the cost of family heatth insurance. Effective January 1,1998, the Employer wiIl contribute for each eligible full-time regular employee covered by this agreement who selects single insurance coverage, the fuil cost of the single health insurance premium. $.2.2 Effective January i, 1999, the EMPLOYER will contribute for each fuit-time eligible employee who selects family coverage, three hundred si�cty-four and I S/100 dollars ($364.15) per month towazd the cost of family health insurance. Effective Januar,v 1,1999, the Employer will conh�ibute for each eligible full-time � regular empioyee covered by this agreement who setects singte insurance coverage, the full cost of ihe single health insurance premium. 8.2.3 Effective January 1, 2000, the EMPLOYER wilI contribute for each fuii-time eligible employee who setects family coverage, three hizndred sixty-foeu and 15/100 dotlazs ($364.I5) plus tEie yeaz 2000 increase in single health caze premiums, per month toward the cost of family health insurance. Effective January 1, 2Q00, the EmpIoyer will contribute for each eligible fuIl-time regulaz employee covered by flus agreement who selects single insurance coverage, the full cost of the singIe heaith insurance premium. 8.3 For the purpose of tIus ART'IGLE 8, full-time employment is defuxed as appearing on the payroll at least 32 hours per week or ai least 64 hours per pay period excluding overtime hours. 8.4 For each eligible regulaz fuil-time employee, the EMPLOYER witl contribuLe the cost of a five thousand dollaz ($5,000) group term Iife insurance policy. As soon as possible and practical after this Agreement has been approved by both parties, the Emptoyer will contribute the cost of a ten thousand dollaz ($10,000) group term life insutance policy for each regular full-time employee. � �GZ �6-�� ARTICLE 8 — INSURANCE (cont.) � 8.5 For full-time eligible employees who meet all the conditions in ARTICLE 8.6 below and who rerire, the EMPLOYER will provide, for the life of the retiree, the full cost of the least expensive single health insurance coverage provided by the EMPLOYER at the time the employee retires. The Employer's contribution shall remain constant, except that such contribution amount shall be changed to at the full cost of the least expensive premium offered by the Employer at the time the retiree reaches age 65, if such occurs after the date of retirement. For employees who retire and have not completed at least twenty (20) years of service with the Employer at the time of their retirement, the EMPLOYER will discontinue providing health insurance contributions upon theu retirement. 8.6 Eligible employees who retire must meet the following conditions at the time of retirement to be eligible for Employer contributions towazd the cost of heakh irisurance in retirement as set forth in ARTICLE 8.�. 8.6.1 Be receiving benefits from a public employee retiree act at the time of retirement. AND 8.6.2 Have severed hislher relationship with the Employer under any eazly retiree pians. AND � 8.b.3 Must have completed at least twenty (20) years of employment with the Employer. Time worked with Independent School District 625 will not be counted towazd the ttventy (20) year requirement. AND 8.6.4 Were hired prior to January I, 1444. 8.1 The contributions indicated in this ARTICLE shall be paid to the EMPLOYER's T'hird Party Administrator. 8.8 Any required premiums for singie or family insurance coverage which aze in excess of the Employer contributions set forth in this ARTICLE shall be paid by the Employee through authorized payroll deductions. 8.9 This ARTTCLE shall apply only to regulaz full-time employees. � -11- ARTICLE 9 - GRIEVANCE PROCEDURE 9. I Tfie processing of grievances as hereinafter provided is limited by the job duties and � responsibilities of the Employees and shall therefore be accomplished during working hours only when consistent with such Employee duties and responsibilities. The stewazd involved and a grieving Employee shall suffer no loss in pay when a grievance is processed during working hours, provided the stewazd and the Employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not unreasonably interfere with the Employer's operation. 9.2 The procedure established by this ARTICLE shall be the sole and exclusive procedure for the processing of grievances, wiucfi aze defined as an alleged violation of the terms and conditions of this AGREEMENT. 93 Grievances shall be resolved'sn conformance with the following procedure: Step 1.Upon the occurrence of an alleged violation of this AGREEMENT, the Ernployee involved shaIl attempt to resolve the mazter on an informal basis with the Employee's supervisor. If the matter is not resoIved to the Empioyee's satisfaction by ihe informal discussion it may be reduced to writing and referred to Step 2 by the iJNION. The written grievance shall set forth the nature of the �ievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and ttie reiief requested. Any aileged violauon of the AGREEMENT not redaced to writing by the LJNION within seven (7) calendar days of the first occurrence of � the event giving rise to the grievance or with the use of reasonabte diligence should have had knowiedge 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 shall meet with the IJNION Stewazd and attempt to resolve the grievance. If, as a result of tivs meeting, the grievance remains unresoived, the EMPLOYER shall reply in writing to the LTNION within three (3) calendar days following this meeting. The LJNION may refer the grievance in writing to Step 3 within seven (7) catendar days following receipt of the EMPLOYER's written answer. Any grievance not refened in writing by the LJNION within seven (7) calendar days following receipt of the EMPLOYER's answer shall be considered waived. Step 3. Within seven (7) calendar days folIowing receipt of a grievance referred from Step 2 a designated EMPLOYER supervisor shall meet with the LJNION's designated representative in an effort to resolve the grievance. Within seven (7) calendar days following the meeting the EMPLOYER shall reply in writing to the LTNION stating the EMPLOYER's answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the tJNION may refer the grievance to Step 4. Any grievance not refeaed to in writing by the IINION to � -12- i� ; A.RTICLE 9 - GRIEVANCE PROCEDURE (cont.) � Step 4 within seven (7) calendar days following receipt of the EMPLOYER's answer sha11 be considered waived. Oprional Mediation Step 1. If the grievance has not been satisfactorily resolved at Step 3, either the Cinion or ffie Employer may, within ten (10) calendar days, request mediation. If the parties agree that the grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediation Services, Staze of Minnesota for the assignment of a mediator. Grievauce mediation shall be completed within thirty (30) days of the assignment unless the parties mutuaily agree to lengthen the time limit. 2. Grievance mediation is an optianal and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance azbitration. VJhen grievance mediation is invoked, the contractual time limit for moving the grievance to azbitration shall be delayed for the period of inediation. 3. The grievance mediation process shall be informal. Rules of evidence shall not apply and no record shall be made of the pzoceeding. Both par[ies 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 parties, the mediator may issue an oral recommendation for settlement. Either party may requesY t6at the mediator assess how an azbittator might rule in this case. 5. The grievant shali be present at the grievance mediation proceeding. If the grievance is resoived, the grievant shall sign a statemeni agreeing to accept the outcome. Unless the parties agree otherwise, the outcome shall not be precedentiai. 6. If the grievance is not resolved and is subsequentIy moved to azbitration, such proceeding shail be de novo. Nothing said or done by the parties or the mediator during grievance mediation, with respect to their positions conceming resolution or offers of settlement, may be used or referred to during azbitration. SteQ 4.If the grievance remains unresolved, the tJI3ION may within seven (7) calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an azbitrator to be selected by mutuai agreement of the EMPLOYER and the LJNION within seven (7) day period, either party may request the Commissioner of the Bureau of Mediatian Services, 5tate of Minnesota to submit a panel of seven (7) arbivators. Both the EMPLOYER and -13- ARTICLE 4 - GRIEVANCE PROCEDURE (cont.j the LJNION shall sfrilce three (3) names from the panel. Uniess the parties agree to � the contrary, the party striking the first name from the list shait be determined by the flip of a coin. 9.4 The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREENIENT. The azbitrator shati consider and decide only the sgecific issue subatitted in writing by the EMPLOYER and the LTriION and shall have no authority to make a decision on any other issue not so submitted. The azbitrator shatl be without gower to make decisions contrary to or inconsisteat with or modifying or varying in any way the applications of taws, rules, or regulations having the force aad effect of law. The arbitrator's decisian shati be submitted in writing withiu thirty {30) days fottowing close of the hearing or the submission of briefs by the parties, whickever be laier, unless the parties agree to an extension. The decision shall be based saleIy on ihe arbivator's interpretation or application of the express tem2s of this AGREEMENT and io the facts of the grievance presented. The decision of the azbitrator shall be finai and binding on the EMPLOYER, the LTNION, and the Employees. 9.5 The fees and expenses for the arbitrator's services and proceedings shail be bome equatly by the EMPLOYER and the tJNION, provided that each party shall be responsible for compensating its own representatives and witaesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be msde, providing it pays for the record. � 9.6 The time limits in each siep of this procedure may be extended by mutual agreement of the EMPLOYER and the LTNION. � � -14- Db-Z� ARTICLE 10 - SICK LEAVE � 10.1 Sick leave credits shali be earned, accrued and used in accordance with the apgiicable ruies of the Saint Paul Civil Service Commission. 14.2 This ARTICLE applies oniy to regular futl-time employees. L� � •15- ARTiCLE 11- VACATION 11.1 Vacation credits shaII accumulate at the rates shown below for each full hour on the payroll, exctuding overtime. Years of Service 1 st yeaz thru 4th year Sth yeaz thru 14th yeaz 15th yeaz thru 24th year 25th yeaz and thereafter Hours of Vacatioa .0385 (10 daysj .0654 (i7 days) .0923 (24 days) .1000 (26 days) 11.2 The Employer may permit an Employee to cazry over one hundred twenty { 120} hours of vacatioa into the following "vacation year." For the purpose of this ARTICLE the "vacation yeaz" shall be the fiscat yeaz (IRS payrolt reportiag year). 113 The provisions of tlus Article shall be subject to the Saint Paul Salary PIan and Rates of Compensation, Secrion I, Subsection A. 11.4 If an Empioyee has an accumvlation of sick Ieave credits in excess of one hundred and eighty days, he/she may convert any part of such excess at the rate of nuo {2) days of sick leave for one (1) day of vacation up to a maximum of five (5) days of vacation. No employee may convert more than ten (IO} days of sick leave in each fiscal yeaz under this provision. Such conversion must be approved by the Employer. 1].5 This ARTICLE shall apply only to regulaz fuil-tune employees. -i6- C� �� _ r� � ARTICLE 12 - HOLIDAYS . 12.1 The following twelve (12) days shall be designated as holidays: New Yeaz's Day, January 1 Martin Luther King Day, third Monday in 3anuary Presidenu' Day, third Manday in February Memorial Day, last Monday in May Independence Day, 3uiy 4 Labor Day, first Monday in September Veterans' Day, November ll Thanksgiving Day, fourth Thursday in November Day after Thanksgiving, fourth Friday in November Christmas Day, December 25 Two floating holidays Eligible Empioyees shali receive pay for each of the holidays listed above on which they perform no work. When New Year's Day, Independence Day or Christrnas Day fall on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays fall on a Saturday, the preceding Friday shall be considered the designated holiday. 12.2 The floating holidays set forth in Section 12.1 above may be taken at any time during the � fiscal year, subject to the approvai of the Empioyer. 12.3 In order to be eligible for a holiday with pay, an Employee's name must appeaz on the payroll on any six (6) working days of the nine (9} working days preceding the holiday; or an employee's name must appear on the payroll the last working day before the holiday and on three other working days of the nine (9} working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. 12.4 If, in the judgment of the EMPLOYER, personnel aze necessary for operafing or emergency reasons, Employees may be scheduled or "called back" in accordance with ARTICLE 7.1 (Call-in-Pay) of this Agreement. 12.5 Employees entitled to a holiday and who are required to work on Martin Luther King Day, Presidents' Day, Veterans' Day, or the Day after Thanksgiving shail be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department permiu, or they shall be paid on a straight time basis for such hours worked, in addition to their regulaz holiday pay. If an Employee who is eligibie for the benefits described by this Article is required to work on I3ew Year's Day, Memorial Day, Independence Da}�, Thanksgiving Day or Christmas Day, he/she shall be compensated in the form of compensatory time off at the rate of one and one-half (1 �/z) hours of compensatory time for each hours so worked or, at the Employer's option, in pay at one and one-half (i '/x) times . the employee's hourly rate, in addition to hislher regular holiday pay. -17- ARTICLE 12 - HOLIDAYS (continued) Eligibility for Holiday pay shall be determined in accordance with Section I, Subsection I • of tfie Saint Paul Salazy Plan and Rates of Compensation. 12.6 This ARTICLE shall apply only to regulaz full-time employees. -18- � � ARTICLE 13 - SEVERANCE PAY � 13.1 The EMPLOYER shall provide a severance pay program as set forth in this ARTICLE. 13.2 To be eligible for the severance pay prograzn, an Employee must meet the following requirements: 13.2.1 The Employee must be voluntarily separated from employment or have been subject to sepazation by layoff or compuisory retirement. Emgloyees who aze discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the benefits described herein. 13.2.2 Employees applying for severance pay benefits must file with Employer a waiver of reemploytnent which clearly indicates that by zequesting severance pay, they waive all claims to reinstatement or reemployment (of any type), with the Employer, the City of Saint Paul or wiih Independent School District No. 62� as a regulaz employee. 13.2.3 The Employee must have an accumulated balance of at least eighry (80} days of sick leave credits at the time of his/her separation from service. � 13.3 If an Employee requests severance pay and if the Employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily raxe of pay for the position held by the Empioyee on ihe date of separation for each day of accrued sick leave subject to a maximum as shown betow based on the number of yeazs of service to the Employer. Years of Service with City At Least 20 21 22 23 24 25 Maaimum Severance Pay $4,000.00 $4,600.00 $5,200.00 $5,800.00 $6,400.00 $7,000.00 13.4 Upon the death of an Employee who met all of the requirements set forth above at the time of hislher death, payment of the severance pay allowed under these provisons shail be made to the Employee's estate or spouse. . -19- ��-�� ARTICLE 23 - SEVERANCE PAY (contenued) t3.5 For the purpose of ttris severance program, a transfer from the Employer to the City of Saint � Paul or to Independent School District No. 625 is not considered a separation of employment, and such transferee shall not be eligible for ttte Employer's severance program. 13.6 Fayment of severance pay shal2 be made in accordance witii ihe provisions of City Ordinance No. 11490 which shali govern the administration of the severaace pay program except where the provisions of this Article conflict therewith. • _2Q_ � , ARTICLE 14 - WAGES � 14.1 The basic houriy wage rates as set forth in Appendix A which is attached hereto and which is made a part of tIus Agreement, shall be paid for all hours worked by regvlaz bazgaining unit employees. 14.2 The basic houriy wage rates, pay minimums and conditions for all temporary employees is contained in a separate Letter of Agreement. � , -21- �� :� ARTICLE 1S - SAVINGS CLAUSE 15.1 This AGIZEEMENT is subject to the laws of the Unite3 States, the State of Minnesota, and � the City of Saint Paul. In t2ze event any provision of this AGREEMENT is held contrary to law by a court of wmpetent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shali be voided. Aii other provisions shall continue in full force and effect. � -22- - � s � x ARTICLE 16 - JURISDICTION • 16.1 Disputes concerning work jurisdiction between and among tJNIONS aze recognized as appropriate sub}ects for detezmination by the various iJNIONS representing Employees of the EMPLOYER. 16.2 In the evenz of a disgute concetning the performance or assignment of work, the IJNIONs involved and the EMPLOYER shall meet as soon as mutualiy 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 the dispute or to restrict the EMPLOYER's basic right to assign work. 26.3 Any Employee refusing to perform work assigned by the EMPLOYER shali be subject to disciplinary action as provided in AR1'ICLE 6(DISCIPLINARY PROCEDURES). 16.4 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. � 1 b.5 The subcontracting of work done by the Employees covered by this Agreement shall in all cases be made only to Employers who qualify in accordance with Ordinance I�io. 14013. � i� � , -23- 1 ) ARTICLE 17 - STRIKES AND LOCKOUTS 17.1 The IRJION and the employees it represenu shall not engage in any unlawful strike or other � activity prohibited by the provisions of Minnesota Statues §1'79A.19 during the term of tttis Agreement or any extension thereof under Minnesota Statutes §179A.20, Subd. b. 17.2 The Employer sl�all not lock out employees as a result, either direcfly or indirectty, of any disagreement or dispute with the Union during t6e term of this Agreement or any extension thereof under Minnesota Statutes §179A.20, Subd. 6. -24- � r L ARTICLE 18 — SUBCONTRACTING AND PRIVATIZATION � 18.1 The Employer shatl provide the Union with sixty (6Q) days cvritten notice prior to the effective date of any subcontract or privatization agreement wirich may result in the termination or change of employment of employees covered uader the terms and provisions of this agreemem. At the request of the Union, the parties shall meet and negotiate in an effort to m;n;m;�e the adverse effects of the Employer's decision upon the ternis and conditions of this Agreement with the affected bazgaining unit employees. � �e�� • -25- , .,� � C� ARTICLE 19 - TERMS OF AGREEMENT 19.1 This AGREEMENT shall be effecrive on the date it is executed by the parties and shall continue in fuil force and effect thru January 31, 2001, and thereafter until modified or amended by mutual agreement of the parties. Either pariy desiring to amend or modify this AGREEMENT shall norify the other in writing so as to comply with the provisions of the Pubiic Employment Labor Relations Act of 1971 as amended. Agreed and attested to as the full and complete understanding of the parties. � , . . CITY OF SAINT PAUL �� _ 1� 111 y �� Te altiner Date � Labor Relations Manager 1NTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES, LOCAL NO. 13, AFL-CIO r �a David Colby Date Business Representative � � > �N�a Matthew Rice D te Business Representative " -/ �--�d Cli rd Schieman Date Pr sident i1 i -26- t r '1 1� APPENDIX A JOB CLASSIFICATIONS AND RATES OF PAY � Effective Effective Effective Effective Effective 03/0UI998 10/Ol/1998 02/01/1999 08/0111999 02'Ol/2000 Pmductian Tufurician per hour: �, 17.04 $ 17.21 $ 17.56 3 17.6i $ 18.18 Assistant Stage Technician per hour: $ 17.09 $ 1721 $ 1Z56 5 17.65 $ 18.18 Siage Technician pet hour Ist 6 mos: $ 18.56 S 18J0 S 19.08 $ 19.17 $ 19J5 per hotiu after 6 mos: $ 19.08 $ 19.23 S 19.61 $ I9.71 $ 2030 These rates will be retroactive for hours worked since March 1, 1998. � . -Ai - oD-7�' Council File # �p -1 B` ORIGINAL Presented Referred To Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 Febrnary 1, 1998 through 3anuary 31, 2001 Collective Bargaining Agreement between the City of Saint Paul and the International Alliance of Theatrical Stage Employees, Local No. 13, A�'L-CIO. Requested by Depazhnent of: Office of Labor Relations BY: � � J�' Form Ap oved b Ci Attorney B r�� Adoption Certified by Council Secretary C�� Green Sheet # 08912 RESOLUTION CfTY OF SA1NT PAUL, MINNESOTA �a App Mayor ub �ission to Council By:� Approvedby ate_ By: �� Adopted by Council: Date � ,� . � ��C7 � DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET 1vo.: os912 �o -�8' LABOR RELATIONS 7anuazy 18, 2000 CONTACT YERS0T3 & PHONE: � AlIT1aLDnTE INiTIn7.IDATe TERRY HAI,TINER 266-8897 �iG� 1 DEPARTMEI3T DIIt 'f �-� 4 CSTY COUI3CIL NUMBER 2 CITY ATfORNEY ��.C. CITY CLERK MUST BE ON COUNCII, AGENDA BY (DATEJ FOR BiIDGGEI' DIR. FIl3. & MGT. SERVICE DIR ROUTING 3 MAYOR (OR ASSI.) � ORDER TOTPL # OF S1GNA'I'IJRE PAGES 1 (CLIP ALL LOC,ATIONS FOR SIGNATURE) ncrioN�QVESren: Tius resolurion approves the attached Februacy 1, i998 through 7anuazy 31, 2�01 Coliective $argaining Agreement between the City of Saint Paul and the International Alliance of Theatrical Stage Employees, Locai No. 13, AFLCIO. RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS M1JST ANSWER TAE FOLLOWING QUESTIONS: _PLANNING COMT�IISSION _CIVIL SFS2VIC£ COMMISSION 1. Has Niis person/fum ever worked under a contract for ihis department? _CIB COMMIITEE Yes No STAFF 2. Hac this persoNfirm ever been a clty employee? D157'RICT COURT Yes No SUPPORTS WtIICH COIJNCII, OBJECTIVE? 3. Does this personlfittn possess a skiil not normally possessed by any current city employee? Yes No Explain sll yes aoswers on separate s6eet and atfac6 to green sheet INITIATIlVGPROBLEM,I3SUE The Collective Bargaining Agxeement with the International Alliance of Theatrical Stage Employees had expired. The City is required to negotiate with the Bargaining Unit. ADVANTAGESIFAPPROVED: ��4�X�17�l�T. An Agreement reached through good faith bargaining will be in place through January 31, 2�01. DISADVANTAGES IF AYPROVED: NOriO. -� DiSnDVnNTaGES[F1voTnPexovED: The City would be required to reopen negotiations with the Bargaining Unit. This would strain relations with the Bargaining Unit and possiblg lead to a strike. TOTAL AMOUNT OF TAANSACTIOSI: COSTJREVENUS BUDGETED: FONDING SOURCE: - ACt'NITY NUMBER: FSNANCiALINFORMATION: (EXPLAIAI) �3JiAia�w� �J«@.fi�Yt'M1`F9. 4?��i''�§G� . �.. ._. ��'k ✓ 0 0 -�6' ATTACHIvIENT TO THE GREEN SHEET The Intemafional Alliance of Theatrical Stage Employees and Motion Picture Machine Operators of the United States and Canada, Local Union No.13, AFL-CIO Below is a suminary of the changes in the Collective Bazgaining Agreement between the City and the International Alliance of Theatrical Stage Employees and Morion Pichue Machine Operators of the United States and Canada, Local Union No. 13, AFL-CIO. The new contract is for the period of Febniary 1, 1998 through 7anuary 31, 2001. Wages: 1998: 2.75% (Splits*: 02/98 2.0%; 09/98 0.75%) 1999: 2.5% (Splits: 02f99 2.0%; 04l99 0.5%) 2000: 3.0% * Wage implementation dates Health Insurance: 1998: Single $178.95 per month Family $349.41 per month 1999: Single $193.25 per month Family $364.15 per month 2000: Single $211.62 per month Family $382.52 per month The Union, International Alliance of Theatrical Stage Employees, Loca1 No. 20, AFL-CIO, merged with International A1liance of Theatrical Stage Employees, Local No. 13, AFL-CIO. The merged entity has taken the Local No. 13 title. Please see page two for the economic details. �o -'1B' Attachment to the Green Sheet The Intemational Alliance of Theatrical Stage Bmployees and Motion Picture Machine Operators of the United States and Canada, Local Union No. 13, AFL-CIO. Page 2 Costs: Wages Aealth Tnsurance Total: $ 1998 $2582.62 $156.00 $2738.62 1999 $2446.70 $520.08 $2966.78 2000 $3262.26 $66132 $3923.58 Language Changes (summary) The contract includes other changes to contract language wluch aze housekeeping in nature. 00-7� m E W m N C � � S 3 V W � � � O U T 0 E V a a' O LL � G � N � � � o � � m � e e � � o . . . . e � g e �, � S Q a . � m `°„ `> 2 Z 't 'n ry ti 19K N p N N N y N N tl1 Q m a r io m m m � ° m m m m m � ° n n V U Q m t� m T C y� � U J C � � � m L 0 0` —O '� m � � = z � � � � m � 33 �,_ m� � o � v, w o� s� "' ° > � �' � c m ` ; m D m m` � a w �° » V � � w m w m �w m �» 'u w u w E Z m � _ E Y m m m m o m m H m w' 3 y m� 3= 3 0 � � E � m O Z Z Z U � K 2 � Z � Z� Z O Z U 2(J Z O F��- LL e � N W b � � � V N A � • • w � Q Q Q � � � W 2 2 2 p N N M Y1 W M N N y ,� a m � N N h N � N L�f N h N y O � 9 C �� Q 0 C � C 4 p R p � C a � b I- 0 � � O � O d V 9 U .�r U � S � W w�. 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Recognition ...................... Union Rights .................... Payroll Deductions........... Management Rights ......... Safety............................... PAGE ............ ii .......................1 .......................3 .......................4 .......................5 .......................6 Discipline Procedures .................................................................. : ...............7 Hours ............................................................................................................8 Insurance....................................................................................................10 Grievance Procedure ..................................................................................12 Sick Leave ..................................................................................................15 Vacations ....................................................... Holidays ........................................................ Severance Pay ............................................... Wages ............................................................ Savings Clause .............................................. Jurisdiction .................................................... Strikes and Lockouu ..................................... 5ubcontracting and Privatization .................. Terms of Agreement ..................................... .................................16 .................................17 .................................19 .................................21 ....................................22 ....................................23 ....................................24 ....................................25 ....................................26 Appendix A(Job Classificafions and Rates of Pay) i ................Al o�-?� , : � � fi�7�T�.7ui: ��1 This AGREEMENT is entered into by and between the City of Saint Paul, Minnesota (the Employer) and the International Alliance of Theatrical Stage Employees, Local Union No. 13, AFL-CIO (the ITnion) for the purpose of establishing the terms and conditions of employment for certain employees of the Employer who are represented for purposes of collective bargaining by the Union and to establish procedures for the resolution of disputes between the parties. The EMPLOYER and the LJNION encourage the highest possibie degree of practical, friendly, cooperative relationships between their respective representatives at all levels. The ofFicials of the EMPLOYER and the LTNTON realize that this goal depends primarily on cooperative attitudes beriveen people in their respective organizations and at a11 levels of � responsibility, and that such attitudes aze developed through an understanding of and regard for the respective rights and responsibilities of the EMPLOYER, its Employees, and the Union. There shall be no discriminarion against any Employee by reason of race, color, creed, . sex, gender, marital status, sexual orientation, national origin, disability or LTNION membership in the application of the terms and provisions of this Agreement. o � � � ii � Lr oe- g J � ARTICLE 1- RECOGrTITION 1.1 The EMPLOYER recognizes the iJrtION as the exclusive representative for atl theatricat stage Employees who aze employees or public employees within the meazung of Minnesota Statutes § 179A.03, Subd. 14 as certified by the Bureau af Mediation Services, State of Minnesota, in BMS Case No. 82-PR-597-A, as the same may have been or may be amended or clarified from time ta time, excluding supervisors and confidential employees within the meaning of Minnesota Statutes § 179.03 Subds, 17 and 4 respectively. All full time and regulazly scheduled part-time employees of the Employer who aze Pubiic Empioyees under PELRA and whose job ciassifications are shown in Appendix � "A" of this Agreement, wherever they may be assigned to work, shail be covered by the provisions of this Agreement. Disputes which may arise between the Employer and the Union over the inclusion or exclusion of any job classifications may be refened by either Party to the Commissioner, Bureau of Mediation Services, State of Minnesota, for determination in accordance with the applicable statutory provisions. Determinauons by the Commissioner sha11 be sub}ect to such review and determination as is provided by statute and such rules and regulations as are promuigated thereunder. , -i- �� a 1.2 The EMPLOYER shall not eater into agreements with Employees that conflict in any � way with the terms of ttris AGREEMEN'T, and it shall meet and negotiate over the terms and conditions of employment for bargaining unit employees, adjust grievances and conduct azbitration proceedings only with the authorized busiaess regresentatives of ihe i� .� 1.3 The Union shall not eaier into any agreements conceming the terms aad conditions of employment for bargaining unit emplayees, adjust grievances or conduct arbitration proceedings except with the authorized labor reiations representatives of the Employer. -2- � - A tx n 4 � ARTICLE 2 - ITNION RIGHTS 2.1 The [Jr1ION may designate employees from within the bargaining unit to act as Stewards and shall inform the EMPLdYER in writing of such designations. Such Empioyees shall have the rights and responsibilities as desigiated in ARTTCLE 9(GRIEVANCE PROCEDURE). There shall be no more than one Steward involved in any one specific grievance. The Union shall notify the Empioyer in writing of the names of the Stewards and of their successors when so named. 2.1.1 Stewards shall have ihe right to meet with EMPLOYER-designated representatives concerning issues of safety and/or alleged violations of this Agreement. Except where a matter involving ihe imminent safety of employees is � concerned, the activities of stewards and bargaining unit employees conceming the presentation and/or processing of grievances shall not unreasonably interfere with the Employer's operation, stewazds and bargaining unit employees sha11 continue to perform their assigned duties fully and properly notwithstanding any unresoived or pending grievance. 2.2 Designated UI�tION Representatives shali be peraritted to visit Employees on job sites and buildings dur'sng working time provided thsy do not unreasonably interfere with the work which has been assigned to employees or with the Employer's operation.. . -3- ARTICLE 3 - PAYROLL DEDUCTIONS 3.1 The EMPLOYER sbatl, upon the written request of any regulaz Employee in the unit, deduct such sum as the LJrTION may specify for initiation fees, assessments and/or -_iii embership dues provided such deductions are uniformly established. The EMPLOYER shall remit such deductions to the appropriate designated representative of the IJNION on a moathly basis. 3.2 The iJNION will indemnify, defend and hold hazmless tfie EMPLOYER against any claims made and against any suits instiiuted against the EMPLOYER, its officers or empioyees, by reason of negligence of tke L'NION in requesting or receiving deducuons under this ARTICLE. The EMPLOYER wili indemnify, defend and hoid harmless the iJNION against any claims made and against any suiu instituted against the LTNION, iu offcers or employees by reason of negligence on the pazt of the EMPLOYER in making or forwazding deductions under this ARTTCLE. � � • � � � YI ARTICLE 4 - MANAGEMENT RIGHTS � _� 4.1 The ITNION recognizes the right of the EMPLOYER to operate and manage iu affairs in al] respects in accozdance with applicable laws and regulations of apptopriate authorities. All rights and authority which the EMPLOYER has not officially abridged, delegated, or modified by this AGREEMENT are retained by the EMPLOYER. 4.2 The EMPLOYER is not required to meet and negotiate on matters of inherent managerial policy, which include but aze not lunited to, such azeas of discretion or policy as the functions and programs of the EMPLOYER, its overall budget, utilizauon of technology, and organizational structure and selection and direction and number of personnel. � DD-7$' . -5- Y ARTICLE 5 - SAFETY 5.1 Accident and injury free operatioas shall be the goal of the EMPLOYER and iu Employees. Therefore, the Employer and its employees shall, to the best of their ability, comply with the requirements of all applicable State and Federal Safety Codes and Regulations. 5.2 The EMPLOYER shatt from time to time issue niles or notices to Employees regarding on-the job safety requirements. Any Employee vioIating such rules or notices shaii be subject to discipIinary action. � �.� � � `` `` dd-7� � ARTICLE 6 - DISCIPLINE PROCEDURES 6.1 T'he EMPLOYER will discipiine Employees for just cause only. Disciplinary acuons may include any of the following and, depending upon the seriousness of the offense and the employee's relevant record of employment with the Employer, shall normally be administered progressively in the foliowing order: a) Reprimands, either oral or written; b) Suspension; c) Reduction; d) Dischazge � 6.2 63 Suspensions, reductions and dischazges will be in written form. It shall be the Employer's policy not to discipline the employee in the presence of the public. A notice in writing of suspensions, reductions and dischazges shall be sent to the Employee and the IJNION within seventy-two (72) hours after such action is taken. 6.4 Dischazges will be preceded by a five (5) day preliminary suspension without pay. During said period the Employee and/or UNION may request, and shall be entifled to, a meeting with the EMPLOYER representaxive who initiated the suspension with intent to discharge. During said five (5) day period, the EMPLOYER may affirm ihe suspension and dischazge in accordance with Civil Service Rules, or may modify or withdraw the recommendation for discharge. 6.5 Grievances relating to this ARTICLE shall be processed in accordance with the grievance procedure under ARTICLE 9 of this Agreement. 6.6 Employees who aze unabie to report for their normai work day have ihe responsibility to notify their supervisor of such absence as soon as possible, but in no event later than one-half hour before the beginning of such work day. 6.7 Failure to make such notification may be grounds for discipline. , _7_ ARTICLE 7 - HOURS 7.1 When employees report for work as scheduied, they shalI be guaranteed four (4) hours of work or pay in lieu thereof, These provisions, however, shatl noi be effective when work is unable to proceed because of adverse weather conditions. 72 Hours worked in excess of eight (8) in any work day and/or forty (40) hours in a work week shall be compensated in the form of compensatory time off with pay at the rate of one and one-hatf ( 2'h) hours of compensatory time for each fiour so worked or, at the Employer's option, in pay at the rate of one and one-half (1 �/s) times the employee's hourIy rate. 73 To any employee who works on a regularTy assigned shift, beginning earlier than 6:00 a.m. or ending later than 6:00 p.m., provided that at least five hours of the shiftare worked between the hours of 6:00 pm. and 6:00 a.m., there shall be paid a night differentiat of five percent (5%) of the base rate, for the entire shift. �. - To any employee who works on a mgulazly assigned shift, beginning eazlier than 6:00 a.m. or ending Iater than 6:00 p.m., but iess than five hours of the shift aze worked between the hours of 6:00 p.m. and 6:00 a.m., there shall be paid a night differential of five percent (5%) of the base rate, for the hours worked. � The night differential shall be paid only for those night shifts actually worked. 7.4 All employees shal] receive a Yhirty (30) minute meal period after not less than three (3) or no later than five (5) hours af work. Employees shall not be required to work during the meal period except where emergency demands for service are compelting and cannot reasonably wait unril the meal period is over. In such cucumstances and unti] a meal period is granted, empioyees shaII be compensated in the form of compensatory time off at the rate of one-half (1/2) increment of the base rate per hour over the prevailing hourly rate. 7.4.1 One (1) paid rest period of fifteen (IS) minutes' duration shall be granted during each four (4) hours of work except during performances or reheazsals. Reasonabie efforts shall be made to schedule such breaks between the second and third, and sixth and seventh hours of work. 7.5 Except when a meal penalty pursuant to the provisions of this Agreement at Section 7.4 is in effect, the multiple pay provisions of ttus Agreement shall not be dupiicated or applied to the same hours of work. The highest multiple or greatest premium applicable shall be paid. �:� . � 7.6 The use of accumulated compensatory time shall be subject to advance scheduling and supervisory approval. Employees and their supervisors shall ditigently work together to maintain compensatory time balances at the lowest practical level while taking compensatory time off with pay at Umes which do not unreasonably interfere with the Employer's operation. Accumulated compensatory time shall be paid in full to employees at the time their employment terminates for any reason. � � I i� • -9- ARTICLE 8 - INSURANCE 8.1 The insuraace plans, premiams for coverages and benefits contained in the insurance �, plans offered by the EMPLOYER shall 6e solely controlied by the contracts negotiated by the EMPLOYER and the benefit providers. The EMPLOYER will attempt to preveat any changes in the benefits offered by the benefit providers. However, the employees selecting the offered plans agree Yo accept any changes in benefits which a specific provider implemenis. 8.2 For each eligible regutar full-time emp2oyee covered by ttris AGREEMENT who selects single insurance coverage, the EMPLOYER will contribute the full cost of the single health insurance premium. 8.2.1 Effective ]auuary 1, 1998, the EMPLOYER will conhibute for each fuil-time eligible employee who selects family coverage, three hundred forty-nine and 41/I00 dollazs ($349.41} per moath towazd the cost of family heatth insurance. Effective January 1,1998, the Employer wiIl contribute for each eligible full-time regular employee covered by this agreement who selects single insurance coverage, the fuil cost of the single health insurance premium. $.2.2 Effective January i, 1999, the EMPLOYER will contribute for each fuit-time eligible employee who selects family coverage, three hundred si�cty-four and I S/100 dollars ($364.15) per month towazd the cost of family health insurance. Effective Januar,v 1,1999, the Employer will conh�ibute for each eligible full-time � regular empioyee covered by this agreement who setects singte insurance coverage, the full cost of ihe single health insurance premium. 8.2.3 Effective January 1, 2000, the EMPLOYER wilI contribute for each fuii-time eligible employee who setects family coverage, three hizndred sixty-foeu and 15/100 dotlazs ($364.I5) plus tEie yeaz 2000 increase in single health caze premiums, per month toward the cost of family health insurance. Effective January 1, 2Q00, the EmpIoyer will contribute for each eligible fuIl-time regulaz employee covered by flus agreement who selects single insurance coverage, the full cost of the singIe heaith insurance premium. 8.3 For the purpose of tIus ART'IGLE 8, full-time employment is defuxed as appearing on the payroll at least 32 hours per week or ai least 64 hours per pay period excluding overtime hours. 8.4 For each eligible regulaz fuil-time employee, the EMPLOYER witl contribuLe the cost of a five thousand dollaz ($5,000) group term Iife insurance policy. As soon as possible and practical after this Agreement has been approved by both parties, the Emptoyer will contribute the cost of a ten thousand dollaz ($10,000) group term life insutance policy for each regular full-time employee. � �GZ �6-�� ARTICLE 8 — INSURANCE (cont.) � 8.5 For full-time eligible employees who meet all the conditions in ARTICLE 8.6 below and who rerire, the EMPLOYER will provide, for the life of the retiree, the full cost of the least expensive single health insurance coverage provided by the EMPLOYER at the time the employee retires. The Employer's contribution shall remain constant, except that such contribution amount shall be changed to at the full cost of the least expensive premium offered by the Employer at the time the retiree reaches age 65, if such occurs after the date of retirement. For employees who retire and have not completed at least twenty (20) years of service with the Employer at the time of their retirement, the EMPLOYER will discontinue providing health insurance contributions upon theu retirement. 8.6 Eligible employees who retire must meet the following conditions at the time of retirement to be eligible for Employer contributions towazd the cost of heakh irisurance in retirement as set forth in ARTICLE 8.�. 8.6.1 Be receiving benefits from a public employee retiree act at the time of retirement. AND 8.6.2 Have severed hislher relationship with the Employer under any eazly retiree pians. AND � 8.b.3 Must have completed at least twenty (20) years of employment with the Employer. Time worked with Independent School District 625 will not be counted towazd the ttventy (20) year requirement. AND 8.6.4 Were hired prior to January I, 1444. 8.1 The contributions indicated in this ARTICLE shall be paid to the EMPLOYER's T'hird Party Administrator. 8.8 Any required premiums for singie or family insurance coverage which aze in excess of the Employer contributions set forth in this ARTICLE shall be paid by the Employee through authorized payroll deductions. 8.9 This ARTTCLE shall apply only to regulaz full-time employees. � -11- ARTICLE 9 - GRIEVANCE PROCEDURE 9. I Tfie processing of grievances as hereinafter provided is limited by the job duties and � responsibilities of the Employees and shall therefore be accomplished during working hours only when consistent with such Employee duties and responsibilities. The stewazd involved and a grieving Employee shall suffer no loss in pay when a grievance is processed during working hours, provided the stewazd and the Employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not unreasonably interfere with the Employer's operation. 9.2 The procedure established by this ARTICLE shall be the sole and exclusive procedure for the processing of grievances, wiucfi aze defined as an alleged violation of the terms and conditions of this AGREEMENT. 93 Grievances shall be resolved'sn conformance with the following procedure: Step 1.Upon the occurrence of an alleged violation of this AGREEMENT, the Ernployee involved shaIl attempt to resolve the mazter on an informal basis with the Employee's supervisor. If the matter is not resoIved to the Empioyee's satisfaction by ihe informal discussion it may be reduced to writing and referred to Step 2 by the iJNION. The written grievance shall set forth the nature of the �ievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and ttie reiief requested. Any aileged violauon of the AGREEMENT not redaced to writing by the LJNION within seven (7) calendar days of the first occurrence of � the event giving rise to the grievance or with the use of reasonabte diligence should have had knowiedge 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 shall meet with the IJNION Stewazd and attempt to resolve the grievance. If, as a result of tivs meeting, the grievance remains unresoived, the EMPLOYER shall reply in writing to the LTNION within three (3) calendar days following this meeting. The LJNION may refer the grievance in writing to Step 3 within seven (7) catendar days following receipt of the EMPLOYER's written answer. Any grievance not refened in writing by the LJNION within seven (7) calendar days following receipt of the EMPLOYER's answer shall be considered waived. Step 3. Within seven (7) calendar days folIowing receipt of a grievance referred from Step 2 a designated EMPLOYER supervisor shall meet with the LJNION's designated representative in an effort to resolve the grievance. Within seven (7) calendar days following the meeting the EMPLOYER shall reply in writing to the LTNION stating the EMPLOYER's answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the tJNION may refer the grievance to Step 4. Any grievance not refeaed to in writing by the IINION to � -12- i� ; A.RTICLE 9 - GRIEVANCE PROCEDURE (cont.) � Step 4 within seven (7) calendar days following receipt of the EMPLOYER's answer sha11 be considered waived. Oprional Mediation Step 1. If the grievance has not been satisfactorily resolved at Step 3, either the Cinion or ffie Employer may, within ten (10) calendar days, request mediation. If the parties agree that the grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediation Services, Staze of Minnesota for the assignment of a mediator. Grievauce mediation shall be completed within thirty (30) days of the assignment unless the parties mutuaily agree to lengthen the time limit. 2. Grievance mediation is an optianal and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance azbitration. VJhen grievance mediation is invoked, the contractual time limit for moving the grievance to azbitration shall be delayed for the period of inediation. 3. The grievance mediation process shall be informal. Rules of evidence shall not apply and no record shall be made of the pzoceeding. Both par[ies 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 parties, the mediator may issue an oral recommendation for settlement. Either party may requesY t6at the mediator assess how an azbittator might rule in this case. 5. The grievant shali be present at the grievance mediation proceeding. If the grievance is resoived, the grievant shall sign a statemeni agreeing to accept the outcome. Unless the parties agree otherwise, the outcome shall not be precedentiai. 6. If the grievance is not resolved and is subsequentIy moved to azbitration, such proceeding shail be de novo. Nothing said or done by the parties or the mediator during grievance mediation, with respect to their positions conceming resolution or offers of settlement, may be used or referred to during azbitration. SteQ 4.If the grievance remains unresolved, the tJI3ION may within seven (7) calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an azbitrator to be selected by mutuai agreement of the EMPLOYER and the LJNION within seven (7) day period, either party may request the Commissioner of the Bureau of Mediatian Services, 5tate of Minnesota to submit a panel of seven (7) arbivators. Both the EMPLOYER and -13- ARTICLE 4 - GRIEVANCE PROCEDURE (cont.j the LJNION shall sfrilce three (3) names from the panel. Uniess the parties agree to � the contrary, the party striking the first name from the list shait be determined by the flip of a coin. 9.4 The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREENIENT. The azbitrator shati consider and decide only the sgecific issue subatitted in writing by the EMPLOYER and the LTriION and shall have no authority to make a decision on any other issue not so submitted. The azbitrator shatl be without gower to make decisions contrary to or inconsisteat with or modifying or varying in any way the applications of taws, rules, or regulations having the force aad effect of law. The arbitrator's decisian shati be submitted in writing withiu thirty {30) days fottowing close of the hearing or the submission of briefs by the parties, whickever be laier, unless the parties agree to an extension. The decision shall be based saleIy on ihe arbivator's interpretation or application of the express tem2s of this AGREEMENT and io the facts of the grievance presented. The decision of the azbitrator shall be finai and binding on the EMPLOYER, the LTNION, and the Employees. 9.5 The fees and expenses for the arbitrator's services and proceedings shail be bome equatly by the EMPLOYER and the tJNION, provided that each party shall be responsible for compensating its own representatives and witaesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be msde, providing it pays for the record. � 9.6 The time limits in each siep of this procedure may be extended by mutual agreement of the EMPLOYER and the LTNION. � � -14- Db-Z� ARTICLE 10 - SICK LEAVE � 10.1 Sick leave credits shali be earned, accrued and used in accordance with the apgiicable ruies of the Saint Paul Civil Service Commission. 14.2 This ARTICLE applies oniy to regular futl-time employees. L� � •15- ARTiCLE 11- VACATION 11.1 Vacation credits shaII accumulate at the rates shown below for each full hour on the payroll, exctuding overtime. Years of Service 1 st yeaz thru 4th year Sth yeaz thru 14th yeaz 15th yeaz thru 24th year 25th yeaz and thereafter Hours of Vacatioa .0385 (10 daysj .0654 (i7 days) .0923 (24 days) .1000 (26 days) 11.2 The Employer may permit an Employee to cazry over one hundred twenty { 120} hours of vacatioa into the following "vacation year." For the purpose of this ARTICLE the "vacation yeaz" shall be the fiscat yeaz (IRS payrolt reportiag year). 113 The provisions of tlus Article shall be subject to the Saint Paul Salary PIan and Rates of Compensation, Secrion I, Subsection A. 11.4 If an Empioyee has an accumvlation of sick Ieave credits in excess of one hundred and eighty days, he/she may convert any part of such excess at the rate of nuo {2) days of sick leave for one (1) day of vacation up to a maximum of five (5) days of vacation. No employee may convert more than ten (IO} days of sick leave in each fiscal yeaz under this provision. Such conversion must be approved by the Employer. 1].5 This ARTICLE shall apply only to regulaz fuil-tune employees. -i6- C� �� _ r� � ARTICLE 12 - HOLIDAYS . 12.1 The following twelve (12) days shall be designated as holidays: New Yeaz's Day, January 1 Martin Luther King Day, third Monday in 3anuary Presidenu' Day, third Manday in February Memorial Day, last Monday in May Independence Day, 3uiy 4 Labor Day, first Monday in September Veterans' Day, November ll Thanksgiving Day, fourth Thursday in November Day after Thanksgiving, fourth Friday in November Christmas Day, December 25 Two floating holidays Eligible Empioyees shali receive pay for each of the holidays listed above on which they perform no work. When New Year's Day, Independence Day or Christrnas Day fall on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays fall on a Saturday, the preceding Friday shall be considered the designated holiday. 12.2 The floating holidays set forth in Section 12.1 above may be taken at any time during the � fiscal year, subject to the approvai of the Empioyer. 12.3 In order to be eligible for a holiday with pay, an Employee's name must appeaz on the payroll on any six (6) working days of the nine (9} working days preceding the holiday; or an employee's name must appear on the payroll the last working day before the holiday and on three other working days of the nine (9} working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. 12.4 If, in the judgment of the EMPLOYER, personnel aze necessary for operafing or emergency reasons, Employees may be scheduled or "called back" in accordance with ARTICLE 7.1 (Call-in-Pay) of this Agreement. 12.5 Employees entitled to a holiday and who are required to work on Martin Luther King Day, Presidents' Day, Veterans' Day, or the Day after Thanksgiving shail be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department permiu, or they shall be paid on a straight time basis for such hours worked, in addition to their regulaz holiday pay. If an Employee who is eligibie for the benefits described by this Article is required to work on I3ew Year's Day, Memorial Day, Independence Da}�, Thanksgiving Day or Christmas Day, he/she shall be compensated in the form of compensatory time off at the rate of one and one-half (1 �/z) hours of compensatory time for each hours so worked or, at the Employer's option, in pay at one and one-half (i '/x) times . the employee's hourly rate, in addition to hislher regular holiday pay. -17- ARTICLE 12 - HOLIDAYS (continued) Eligibility for Holiday pay shall be determined in accordance with Section I, Subsection I • of tfie Saint Paul Salazy Plan and Rates of Compensation. 12.6 This ARTICLE shall apply only to regulaz full-time employees. -18- � � ARTICLE 13 - SEVERANCE PAY � 13.1 The EMPLOYER shall provide a severance pay program as set forth in this ARTICLE. 13.2 To be eligible for the severance pay prograzn, an Employee must meet the following requirements: 13.2.1 The Employee must be voluntarily separated from employment or have been subject to sepazation by layoff or compuisory retirement. Emgloyees who aze discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the benefits described herein. 13.2.2 Employees applying for severance pay benefits must file with Employer a waiver of reemploytnent which clearly indicates that by zequesting severance pay, they waive all claims to reinstatement or reemployment (of any type), with the Employer, the City of Saint Paul or wiih Independent School District No. 62� as a regulaz employee. 13.2.3 The Employee must have an accumulated balance of at least eighry (80} days of sick leave credits at the time of his/her separation from service. � 13.3 If an Employee requests severance pay and if the Employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily raxe of pay for the position held by the Empioyee on ihe date of separation for each day of accrued sick leave subject to a maximum as shown betow based on the number of yeazs of service to the Employer. Years of Service with City At Least 20 21 22 23 24 25 Maaimum Severance Pay $4,000.00 $4,600.00 $5,200.00 $5,800.00 $6,400.00 $7,000.00 13.4 Upon the death of an Employee who met all of the requirements set forth above at the time of hislher death, payment of the severance pay allowed under these provisons shail be made to the Employee's estate or spouse. . -19- ��-�� ARTICLE 23 - SEVERANCE PAY (contenued) t3.5 For the purpose of ttris severance program, a transfer from the Employer to the City of Saint � Paul or to Independent School District No. 625 is not considered a separation of employment, and such transferee shall not be eligible for ttte Employer's severance program. 13.6 Fayment of severance pay shal2 be made in accordance witii ihe provisions of City Ordinance No. 11490 which shali govern the administration of the severaace pay program except where the provisions of this Article conflict therewith. • _2Q_ � , ARTICLE 14 - WAGES � 14.1 The basic houriy wage rates as set forth in Appendix A which is attached hereto and which is made a part of tIus Agreement, shall be paid for all hours worked by regvlaz bazgaining unit employees. 14.2 The basic houriy wage rates, pay minimums and conditions for all temporary employees is contained in a separate Letter of Agreement. � , -21- �� :� ARTICLE 1S - SAVINGS CLAUSE 15.1 This AGIZEEMENT is subject to the laws of the Unite3 States, the State of Minnesota, and � the City of Saint Paul. In t2ze event any provision of this AGREEMENT is held contrary to law by a court of wmpetent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shali be voided. Aii other provisions shall continue in full force and effect. � -22- - � s � x ARTICLE 16 - JURISDICTION • 16.1 Disputes concerning work jurisdiction between and among tJNIONS aze recognized as appropriate sub}ects for detezmination by the various iJNIONS representing Employees of the EMPLOYER. 16.2 In the evenz of a disgute concetning the performance or assignment of work, the IJNIONs involved and the EMPLOYER shall meet as soon as mutualiy 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 the dispute or to restrict the EMPLOYER's basic right to assign work. 26.3 Any Employee refusing to perform work assigned by the EMPLOYER shali be subject to disciplinary action as provided in AR1'ICLE 6(DISCIPLINARY PROCEDURES). 16.4 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. � 1 b.5 The subcontracting of work done by the Employees covered by this Agreement shall in all cases be made only to Employers who qualify in accordance with Ordinance I�io. 14013. � i� � , -23- 1 ) ARTICLE 17 - STRIKES AND LOCKOUTS 17.1 The IRJION and the employees it represenu shall not engage in any unlawful strike or other � activity prohibited by the provisions of Minnesota Statues §1'79A.19 during the term of tttis Agreement or any extension thereof under Minnesota Statutes §179A.20, Subd. b. 17.2 The Employer sl�all not lock out employees as a result, either direcfly or indirectty, of any disagreement or dispute with the Union during t6e term of this Agreement or any extension thereof under Minnesota Statutes §179A.20, Subd. 6. -24- � r L ARTICLE 18 — SUBCONTRACTING AND PRIVATIZATION � 18.1 The Employer shatl provide the Union with sixty (6Q) days cvritten notice prior to the effective date of any subcontract or privatization agreement wirich may result in the termination or change of employment of employees covered uader the terms and provisions of this agreemem. At the request of the Union, the parties shall meet and negotiate in an effort to m;n;m;�e the adverse effects of the Employer's decision upon the ternis and conditions of this Agreement with the affected bazgaining unit employees. � �e�� • -25- , .,� � C� ARTICLE 19 - TERMS OF AGREEMENT 19.1 This AGREEMENT shall be effecrive on the date it is executed by the parties and shall continue in fuil force and effect thru January 31, 2001, and thereafter until modified or amended by mutual agreement of the parties. Either pariy desiring to amend or modify this AGREEMENT shall norify the other in writing so as to comply with the provisions of the Pubiic Employment Labor Relations Act of 1971 as amended. Agreed and attested to as the full and complete understanding of the parties. � , . . CITY OF SAINT PAUL �� _ 1� 111 y �� Te altiner Date � Labor Relations Manager 1NTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES, LOCAL NO. 13, AFL-CIO r �a David Colby Date Business Representative � � > �N�a Matthew Rice D te Business Representative " -/ �--�d Cli rd Schieman Date Pr sident i1 i -26- t r '1 1� APPENDIX A JOB CLASSIFICATIONS AND RATES OF PAY � Effective Effective Effective Effective Effective 03/0UI998 10/Ol/1998 02/01/1999 08/0111999 02'Ol/2000 Pmductian Tufurician per hour: �, 17.04 $ 17.21 $ 17.56 3 17.6i $ 18.18 Assistant Stage Technician per hour: $ 17.09 $ 1721 $ 1Z56 5 17.65 $ 18.18 Siage Technician pet hour Ist 6 mos: $ 18.56 S 18J0 S 19.08 $ 19.17 $ 19J5 per hotiu after 6 mos: $ 19.08 $ 19.23 S 19.61 $ I9.71 $ 2030 These rates will be retroactive for hours worked since March 1, 1998. � . -Ai - oD-7�'