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274533 WHITE - C�TV CLERK PINK - FINANCE GITY OF SAINT PALTL Council n CANARV - DEPARTMENT -{ BLUE - MAVOR File NO. r����•■� Council Resolution Presented By Referred To v Committee: Date Out of Committee By Date An administrative Resolution approving the terms and conditions of the 1980-1981 Agreements between the City of St. Paul, Independent School District No. 625, and the Classified Confidential Employees Association. WHEREAS, the Council pursuant to the provisions of Section 1�. 09 of the St. Paul City Charter and the Public Employees Labor Relations Act of 1971, as amended, recognizes the Classified Confidential Employee,�Associa- tion as exclusive representative for the classes of positions within the City of St. Paul certified by the Bureau of Mediation Services under Case Nos. 76-PR-658-A and 77-PR-685-A, for the purpose of ineeting and negotiating the terms and conditions of employment for personnel in the classes of positions as set forth in the Agreements between the City of St. Paul, Independent School District No. 625, and the exclusive representative hereinabove referenced; and WHEREAS, the City and Independent School District No. 625, through de signated repre sentative s, and the exclusive repre sentative s have met in good faith and have negotiated the terms and conditions of employment for the period Jan. 1, 1980, through Dec. 31, 1981, for such personnel as are set forth in the Agreements between the City of St. Paul, Independent School District No. 625, and the exclusive representative; now, therefore, be it RESOLVED, that the Agreements cited above, dated as of the effective date of this Resolution, between the City of St. Paul, Independent School District No. 625, and the Classified Confidential Employees Associati�n, on file in the office of the City Clerk, are hereby approved, and the authorized administrative officials of the City are hereby authorized and directed to execute said Agree- ments on behalf of the City. Approved: C irman, Civi 'ce ommission Cµ�A���E� Requested by Department of: Yeas Nays .gn� - � PERS 1'�T OFFICE � In Favor Hunt d � Levine _ __ Against Y Maddox Showalter Te MAR � � �9SO orm Approved by ity; t o y Adopt y Cou cil: Date � rtified ;sed by ouncil Secretar Y , i Approv d by a r Date _ MAR � 3 �9� Appr d by Mayor for b ssi� to Council By � BY �-f�D MAR 2 � 198Q - F����.,� 1980 - 1981 AGREEMENT BETWEEN THE CITY OF SAINT PAUL .AND CITY OF SAINT PAUL CLASSIFIID CQNFIDENTIAL EMPLOYEES ASSOCIATION I N D E X ARTICLE TITLE PAGE ' Preamble iii I Recognition 1 II Checkoff 3 III Hours of Work 4 IV Work Breaks 6 V Holidays 7 VI Employee Rights - Grievance Procedure 8 VII Mi.leage 12 VIII Residency 13 IX Vacation 14 X , Insurance 15 XI Working Out of Classification 17 XII Employee Records 18 XIII Bulletin Boards 19 XIV Wages 20 XV Maintenance of Standards 21 XVI Leaves of Absence 22 XVII Military Leave of Absence 25 XVIII Management Rights 26 XIX Seniority 27 XX Discipline 28 XXI Legal Services 29 XXII Terms of Agreement 30 Appendix � A1 - ii - P R E A M B L E This AGREEMENT entered into by the City of Saint Paul, hereinafter referred to as the EMPLOYER, and the City of Saint Paul Classified Confidential Employees Association, hereinafter referred to as the ASSOCIATION, has as its purpose the promotion of harmonious relations between the II�PLOYER and the ASSOCIATION, the establishment of an equitable and peaceful procedure for the resolution of differences, and the establishment of rates of pay, hours of work, and other conditions of employment. - iii - ARTICLE I - RECOGNITION 1.1 The II�LOYER recognizes the ASSOCIATION as the sole and exclusive bargaining • agent for the purpose of establishing salaries, wages, hours and other conditions of employment for all of its enployees as outlined in the certi- fication by the State of Minnesota, Bureau of Mediation Services, dated Noveatber 12, 1975, iA Case No. 76-PR-658-A and October 14, 1977, in Case No. 77-PR-685-A, and set forth in Section 1.1 below. 1.2 The bargaining unit covered by this AGREEMENT shall consist of the foliowing: Al1 classified confidential employees employed in the City Attorney, Budget Director, Mayor and Personnel Offices in the classifications of: Clerical and Technical Group Budget Technician I Clerk-Stenographer III Budget Technician II Data Processing Aide Budget Technician III Duplicating Equipment Operator Budget Techniciaa IV Duplicating Equipment Operator Supervisor Civil Service Transaction Clerk I Duplicating Equipment Operator Trainee Civil Service Transaction Clerk II Orientation Coordinator Clerk I Personnel Clerk-Board of Education Clerk II Personnel Technician I Clerk III Personnel Technician II Clerical Supervisor Personnel Technician III Clerk-Typist I Planning Technician I Clerk-Typist II Planning Technician II Clerk-Typist III Public Information Technician Clerk-Stenographer I Secretary Clerk-Stenographer II Professional Group Accountant I Budget Analyst IV Accountant II Employee Benefits Coordinator Accountant III Personnel Assistant I Budget Analyst I Personnel Assistant II Budget Analyst II Personnel Assistant III Budget Analyst IIT - 1 - ARTICLE I - RECOGNITION (continued) 1.3 Any present or future employee who is not an ASSOCIATION member shall be required to contribute a fair share fee for services rendered by the ASSOCIATiON, and upon notification by the ASSOCIATION, the II�LOYER shall check off said fee from the earnings of the employee and transmit the same to the ASSOCIATION. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shall remain operative only so long as specifically provided by Minnesota law, and as otherwise legal. 1.4 The ASSOCIATION agrees to indemnify and hold the II�LOYER harmless against any and all claims, suits, orders or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this Article I, Section 1.3. - 2 - ARTICLE II - CHECK OFF 2.1 The EMPLOYER agrees to deduct the ASSOCIATION membership initiation fee assessments and once each month dues from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the EMPLOYER by a repre- sentative of the ASSOCIATION and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month af ter such deductions are made or as soon thereafter as is possible. 2.2 The ASSOCIATION agrees to indemnify and hold the II�LOYER harmless against any and all claims, suits, orders or 3udgments brought or issued against the City as a result of any action taken or not taken by the City under the provision of this Article. - 3 - - � ARTICLE III - HOURS OF WORK 3.1 The normal work day shall be seven and three/fourths (7 3/4) consecutive hours per day, excluding a forty-five (45) minute lunch period, fifteen ' (15) minutes of which shall be paid. 3.2 The normal work week shall be five (5) consecutive normal work days in any seven (7) day period. 3.3 For employees on a shif t basis, this shall be construed to mean an average of thirty-eight and three/fourths (38 3/41 hours per week. 3.4 This section shall not be contrued as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 3.5 Time on the payroll in excess of the normal hours set forth above in this Article shall be "overtime work" and shall be done only by order of the head of the department. 3.6 Employees in this bargaining unit working under a title listed under the heading "Clerical and Technical Group" in Article 1.2 shall be recompensed for work done in excess of the normal hours established above in this Article by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such overtime work. The overtime rate. or one and one-ha.lf shall be computed on the basis of 1/80th of the bi-weekly rate. 3.7 Employees working in a title listed under the heading, "Professional Group" in Article 1.2 who work more than seven and three/fourths (7 3/4) hours in any 24 hour period or more than thirty-eight and three/fourths (38 3/4) hours in any 7 day period shall not receive pay for such additional work except as in 3.8 below. 3.8 It is understood by the parties that Section 28.H - OVERTIME of Resolution No. 3250 shall not apply to employees in the bargaining unit working under a title listed under the heading, "Professional Group" in Article 1.2. In unusual - 4 - , ARTICLE III - HOURS OF WORK (continued) circumstances a department head may grant these employees who work more than seven and three-fourths (7 3/4) hours in any twenty-four (24) hour period or . more than thirty-eight and three/fourths (38 3/4) hours in any particular 7 day period compensatory time or pay on a straight time basis for the extra hours worked. 3.9 Normal work schedules showing the employee's shift, work days and hours shall be posted on all department bulletin boards at all times, It is also understood that deviation from posted work schedules shall be permissible due ' to emergencies, acts of God, and overtime may be required. 3.10 Call-In Pay. When an employee is called to work he shall receive two hours' pay if not put to work. If he is called to work and commences work, he shall be guaranteed four hours' pay. These provisions, however, shall not be effective when work is unable to proceed because of adverse weather conditions; nor shall these provisions apply to temporary or emergency employees nor to employees employed under any of the titles listed in Section 3.B of the Civil Service Rules under the heading "Special Employments"; nor to any person whose regular scheduled workday is less than four hours. - 5 - ARTICLE IV - WORK BREAKS 4.1 Rest Periods. All employees work schedules shall provide for a fifteen minute rest period during each one-half shift. The rest period shall be scheduled by management at approximately the middle of each one-haif shift whenever it is feasible. 4.2 If an employee is scheduled to work a full half shift beyond his regular quitting time, he shall be entitled to the rest period that occurs during said half shift. - 6 - ARTICLE V - HOLIDAYS 5.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Years Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christma.s Day Labor Day �ao floating holidays Eligible employees shall receive pay for ea.ch of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. For those employees assigned to a work week other than Monday through Friday, the holiday shall be observed on the calendar date of the holiday. 5.2 The floating holidays set forth in Section 5.1 above may be taken at any time during the contract year, subject to the approval of the Department Head of any employee. 5.3 Eligibility Requirements. In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an employee's name must appear on the payroll the last working day before the holiday and on three other working days of the nine worlcing days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary, emergency, nor other employees not heretofore eligible shall receive holiday pay. - 7 - ARTICLE VI - II�LOYEE RIGHTS - GRIEVANCE PROCEDURE 6.1 The ENIPLOYER shall recognize stewards selected in accordance with ASSOCIATION , rules and regulations as the grievance representative of the bargaining unit. The ASSOCIATION shall notify the II�PLOYER in writing of the names of the stewards and of their successors when so named. 6.2 It is recognized and accepted by the II�LOYER and the ASSOCIATION that the 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 steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the II�lPLOYER. 6.3 The procedure established by this Article shall be the sole and exc2usive procedure, except for the appeal of disciplinary action as provided by Article RX for the processing of grievance, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. 6.4 Grievance shall be resolved in confoxmance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this AGREEMENT, the employee involved with or without the steward shall attempt to resolve the matter on an informaZ basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussian it may be reduced to writing and referred to Step 2 by the ASSOCIATION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and the - 8 - ARTICLE VI - ENiPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the ASSOCIATION within seven (7) work days of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7} work days after receiving the written grievance a designated EMPLOYER supexvisor shall meet with the ASSOCIATION steward and attempt to resolve the grievence. If, as a result of this meeting, the grievance remains unresolved, the II�LOYER shall reply in writing to the ASSOCIATION within three (3) work days following this meeting. The ASSOCIATION may refer the grievance in writing to Step 3 within seven (7) work days following receipt of the II�LOYER'S written answer. Any grievance � not referred in writing by the ASSOCIATION within seven (7) work days following receipt of the EMPLOYER'S answer shall be considered waived. Step 3. Within seven (7) work days following receipt of a grievance referred from Step 2 a designated IIKPLOYER supervisor shall meet with the ASSOCIATION Business Manager or his designated representative, the employee and the steward and attempt to resolve the grievance. Within seven (7) work days following this meeting the EMPLOYER shall reply in writing to the ASSOCIATION stating the E[�LOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the ASSOCIATION may refer the grievance to Step 4. Any grievance not referred to in writing by the ASSOCIATION to Step 4 within seven (7) work days following receipt of the EMPLOYER'S answer shall be considered waived. = 9 - _ AR.TICLE VI - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) Step 4. If the grievance remains unresolved, the ASSOCIATION within seven (7) work days after the response of the F�'LOYER in Step 3, by written notice , to the II�LOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the II�LOYER and the ASSOCIATION within seven (7) work days after notice has been given. If the parties fail to mutally agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relation Board to submit a panel of five (5) arbitrators. Both the II�LOYIIt and the ASSOCIATION shall have the right to strike two (2) names from the panel. The ASSOCIATION shall strike the first (lst) name; the ENIPLOYER shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 6.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREIIKENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the II�LOYER and the ASSOCIATION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing of the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision sha11 be based solely on the arbitrator's inter- pretation or application of the express terms of this AGREII�fENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the F�MPLOYER, the ASSOCIATION and the employees. - 10 - ARTICLE VI - II�LOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) 6.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the ASSOCIATION, provided that each party shall be responsible for compensating its own repre- sentatives and witnesses. If either party desires a verbatim record of the proceedings, it ma.y cause such a record to be ma.de, providing it pays for the record. 6.7 The time limits in each step of this procedure may be extended by mutual agreement of the II�LOYER and the ASSOCIATION. 6.8 It is understood by the ASSOCIATION and the EMPLOYER that a grievance may be determined by either the grievance procedure of this contract or by the provisions of the Civil Service Rules of the City of Saint Paul. If an issue is determined by this grievance procedure it shall not again be submitted for arbitration under the Civil Service Rules. If an issue is determined by the provisions of the Civil Service Rules it shall not again be submitted for arbitration under this grievaace procedure. - 11 - ARTICLE VII - CITY MILEAGE 7.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimburse- ment of City officers and employe.es for the use of their own auto- mobilies in the performance of their duties, the following provisions are adopted. 7.2 Method of Computation: To be eligibZe for such reimbursenent, all officers and employees must receive written authorization from the Department Head. If an employee is required to use his/her own automobile during employment and the department head or designated representative determines that no employer vehicle is available for the employee's use, the employee shall then be reimbursed at the rate of 19� per mile driven. If an employee is required to use his/her own automobile during employment and the department heads or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of 14� per mile driven. The City will provide parking at the Civic Center Parking Ramp for City employees who are required to have their personal car available for City business. Such parking will be provided only for the days the employee is required to have his or her own personal car available. 7.3 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regula- tions and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability , insurance in amounts of not less than $100,000/$300,000 for personal in�ury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single linit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shal]. be maintained on file with the city clerk. - 12 - ARTICLE VIII - RESIDENCY 8.1 The Residency Resolution effective August 4, 1979, in Council File No. 273378 shall apply to all employees covered by this agreement. • - 13 - ARTICLE IX - VACATION � 9.1 In each calendar year, each full-time employee working under a title listed under the heading "Clerical and Technical Group" in Article 1.2 shall be granted vacation according to the following schedule: Years of Service Vacation Granted - 0 thru 4 years 10 days 5 years thru the 9th year 15 days 10 years thru the 15th year 17 days 16 years thru the 23rd year 21 days 24 years and after 26 days 9.2 In each calendar year, each full-time employee working under a title listed under the heading "Professional Group" in Article 1.2 shall be granted vacation according to the following schedule: Years of Service Vacation Granted Less than 8 years 15 days Af ter $ years thru 15 years 20 days After 15 years and thereafter 25 days 9.3 The head of the department may permit an employee to carry over into the following year up to ten days' vacation. 9.4 The above provisions of vacation shall be subject to ResoZution No. 6446, Section I, Sub. H. 9.5 Employees formerly with the H.R.A. have been granted an exception to the ten day carry over clause, from 1978 to 1980 only. That is, former H.R.A. employees can carry over a maximum of thirty-two (32) days from 1978 to 1979, twenty-one days from 1979 to 1980, and ten days from I980 ta 1981. - 14 - - � ARTICLE X - INSURANCE 10.1 The EMPLOYER will continue for the period of this AGREEMENT to provide for employees such health and life insurance benefits as are provided by II�LOYER at the time of execution of this AGREEMENT. 10.2 The EMPLOYER will for the period of this AGREEMENT provide for employees who retire after the time of execution of this AGREEMENT and until such employees reach sixty-five (65) years of age such health insurance benefits and life insurance benefits as are provided by the F1�L0YER for such employees. 10.3 In order to be eligible for the benefits under the early retiree provision, the employee must: 10.31 Be receiving benefits from a public retiree act at the time of retirement. 10.32 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 10.4 For each eligible employee covered by this AGREEMENT who selects Blue Cross- Blue Shield insurance coverage, the City agrees to contribute the cost of such coverage or $39.14 per month, whichever is less. In addition, for each employee who selects Blue Cross-Blue Shield dependent's coverage, the City will contribute the cost of such dependent's coverage or $90.66 per month, whichever is less. 10.5 For each eligible employee covered by this AGREEMENT who selects Group Health insurance coverage, the City agrees to contribute the cost of such coverage or $36.42 per month, whichever is less. In addition, for each employee who selects Group Health dependent's coverage, the City will contribute the cost of such dependent's coverage or $69.73 per month, whichever is less. 10.6 For each eligible employee covered by this AGREEMENT who selects Coordinated Health Care, the City agrees to contribute the cost of such coverage or $42.25 per month, whichever is less. In addit�on, for each employee who selects Coordinated Health Care dependent coverage, the City will contribute the cost of such dependent's coverage or $77.25 per month, whichever is less. - 15 - ARTICLE X - INSURANCE (continued) 10.7 T[ze City agrees to contribute the cost for $5,000 of Life Insurance Coverage for each employee who is eligible for such coverage or $2.34 per month, whichever amount is less. 10.$ The contributions indicated in 10.4, 10.5, 10.6 and 10.7 shall be paid to the City's group health and welfare plan. Any increase in these iasurance premiums, shall be paid by the employee. ' 10.9 Effective January 1, 1981, the figures in Article 10.4, 10.5, 10.6 and 10.7 above will be increased in dollars to reflect the cost of the 1981 premium rates for the respective coverages. �10.10 In addition to the $5,000 Life Insurance Coverage in 10.8, the City agrees to contribute the cost of additional Life Insurance Coverage or $ .36 per thousand dollars of coverage per month, whichever amount is less. The total amount of Life Insurance Coverage provied under this section and Section 10.8 for ea.ch employee shall be equal to the employee's annual salary rounded down to the nearest full thousand dollars. For the purpose of this section, the employee's annual salary shall be based on the salary � as of the beginning of a contract period. This contribution shall be paid to the City`s Group Health and Welfare Plan. The additional life insurance �� provided by this article applies only to employees working under the titles listed under the heading "Professional Group" in Article 1.2 of this agreement. - 16 - � ������ ARTICLE XI - WORKING OUT OF CLASSIFICATION '`'�� ���' -' 11.1 IIKPLOYER shall avoid, whenever possible, working an employee on an � out-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifteen (15) consecutive working days shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16) day of such assignment. For purposes of this article, an out-of-class assignment is defined as an assignment of an employee to perform, on a full time basis, all of the significant duties and responsibilities of a position different from the employee's regular position, and which is in a classification higher than the classifi- cation held by such employee. The rate of pay for an approved out-of-class assignment shall be the same rate the employee would receive if such employee received a regular appointment to the higher classification. 11.2 For the following classifications, the provisions of 11.1 sha11 not apply to performance of the duties of the next higher classification in the ,job series: Clerk I Clerk-Stenographer I Duplicating Equipment Operator Trainee Clerk-Typist I - 17 - ARTICLE XII - ENIPLOYF� RECORDS 12.1 Any written reprimand made concerning any .member of thi� Bargaining Unit , which is filed with the Personnel Office or within any City department, shall be shown to the member before it is placed on file. Before the reprimand is placed on file, the City shall request from the employee an acknowledgment, in writing, that the reprimand has been read by said employee. 12.2 Any member of the bargaining unit, may, during usual working hours, with the approval of the supervisor, review any material placed in the employee's personnel file, after first giving proper notice to the supervisor in custody of such file. 12.3 Any member of the bargaining unit may file a grievance or a discrimiation complaint an.d there shall be not retaliation by the City of Saint Paul for such action. - 18 - ARTICLE XIII - BULLETIN BOARDS 13.1 The EMPLOYER shall provide reasonable bulletin space for use by the UNION in posting notices of UNION business and activities, said bulletin board space shall not be used by the UNION for political purposes other than UNION elections. Use of this bulletin board is subject to approval of the department head. - 19 - ARTICLE XIV - WAGES 14.1 The wage schedule, for the purposes of this contract, shall be Appendix A, attached hereto. Both parties agree that the inclusion of the classifications and salary ranges in Appendix "A" does not preclude the employer from the following: 1. Reorganizing 2. Abolishing classifications 3. Establishing new classifications 4. Regrading classifications 5. Reclassifying positions Both parties also agree that titles and grades in Appendix A refer to employees in the positions at the date of signing of the agreement. No employee in this bargaining unit shall suffer any reduction in salary because of a regrading or reclassification during the contract period in which such regrading or reclassi- fication takes place, 14.2 Notwithstanding section 14.1, salary rates in Appendix A shall be reduced in the amounts necessary to equalize payment to individual HRA employees and City employees who receive different pension benefits. - 20 - ARTICTrE XV - MAINTENANCE OF STANDARDS 15.1 The parties agree that all conditions of employment relating to wages, . hours of work, overtime differentials, vacations and all other general working conditions shall be maintained at not less than the highest minimum standard set forth in the Civil Service Rules of the City of Saint Paul (Resolution No. 3250) and the Salary Resolution of the City of Saint Paul (Resolution No. 6446) at the time of the signing of this AGREEMENT, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this AGREII�NT. - 21 - . � ARTICLE XVI - LEAVES OF ABSENCE 16.1.Leave of Absence. After three month's employment, an employee may make application for a leave of absence not to exceed one year. A leave of absence shall be granted on the basis established in the Civil Service Rules (Resolution No. 3250). 16.2 Sick Leave. Sick Leave shall accumulate at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accumulation is unlimited. To be eligible for sick leave the employee must report to his supervisor no later than on.e-half hour past his regular scheduled starting time. The granting of sick leave shall be subject to the terms and provisions of Resolution No. 3250, of the City of Saint Paul. 16.3 Any employee who has accumulated sick le.ave credits as provided above shall be granted leave with pay, for such period of the time as the head of the department deems necessary, on account of sickness or injury of the employee, quarantine established and declared by the Bureau of Seal.th, death of the employee's mother, father, spouse, child, brother, sister, mother-in-law, father-in-law, or other person who is a member of the house- hold; and may be granted leave with pay for such time as is actually the case of sudden sickness or disability of a member of his household, making arrangements for the care of such sick or disabled persons up to a maximum of four hours sick leave. 16.4 Leave Without Pay. Any employee who engages in active service in time of war or other emergency declared by the proper authority of any of the military or naval forces of the state or of the United States for which leave is not otherwise allowed by law shall be entitled to leave of absence from employment without pay during such service with right of reinstatement and subject to such conditions as are imposed by law. Such leaves of absence as are granted under Article 17 sha11 conform to Minnesota Statutes, Section 192, as amended from time to time, and shall confer no additional benefits other than those granted by said statue. - 22 - ' ARTICLE XVI - LEAVES OF ABSENCE (continued) 16.5 Severance Pay. Employees shall be eligible for severance pay in accordance with the Severance Pay Ordinance No. 16303. The amount of Severance Pay allowed shall be that amount permitted by State Statutes subject to the provisions that the maximum amount allowed shall be $4,000. 16.6 Jury Duty. Any employee who is required during his regular working hours to appear in court as a juror or witness except as a witness in his own behalf against the CITY, sha11 be paid his regular pay while he is "so engaged, provided, however, that any fees that the employee may receive from the court for such service shall be paid to the CITY and be deposited with the City Finance Director. An.y employee who is scheduled to work a shift, other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as he is required to appear in court as a juror or witness. � 16.7 Funeral Leave. Any employee who ha.s accumulated sick leave credits, as provided in the Civil Service Rules, shall be granted one day of such leave to attend the funeral of the employee's grandparent or grandchild. 16.8 Any employee elected or appointed to a full time paid position by the exclusive representative may be granted a leave of absence without pay for not more than one year for the purpose of coaducting the duties of the exclusive representative. 16.9 Maternity Leave. Maternity is defined as the physical state of pregnancy of an employee, coatmencing eight (8) months before the estimated date of childbirth, as determined by a physician, and endi.ng six (6) months after the date of such birth. In the event of an emploqee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the employer may approve such leave at its option, and such leave may be no longer than one (1) year. 16.10 Education Leave. Leave with pay may be granted for educational purposes at the option of the employer. �� ARTICLE XVI - LEAVES OF ABSENCE (continued) 16.11 The provisions of Articles 16.7, 16.8, 16.9 and 16.10 shall apply only to . employees working under a title listed under the heading "Clerical and Technical Group" in Article 1.2 of this Agreement and shall not apply to employees working under a title listed under the heading "Professional Group" in Article 1.2 of this Agreement. - 24 - . ����� � E�s b `,, ARTICLE XVIZ - MILITARY LEAVE OF ABSENCE 17.1 Pay Allowance. Any employee who shall be a member of the National Guard, • the Naval Militia or any other component of the militia of the State, now or hereafter organized or constituted under state or federal law, or who shall be a member of the Officer's Reserve Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval force of the United States, nor or hereafter organized or constituted under Federal law, shall be entitled to leave of abseace fram employment without loss of pay, seniority status, efficiency rating, vacation, sick leave or other benefits for all the � time when such employee is engaged with such orgaaization or component in training or activa service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, provided that such leave shall not exceed a total of fifteen (15) days in any calendar year and, further provided that such leave shall be allowed only in case the required military or naval service is satisfactorily performed, which shall be presumed unless the contrary is established. Such leave shall not be allowed unless the esnployee (1) returns to his position immediately upon being relieved from such military or naval service and not later than the expiration of time herein limited for such leave, or (2) is prevented from so returning by physical or mental disability or other cause not due to such employee's own fault, or (3) is required by proper authority to continue in such military or naval service beyond the time herein limited for such leave. - 25 - ARTICLE XVIII - MANAGEMENT RIGHTS 18.1 The ASSOCIA.TION recognized the right of the CITY to operate and manage its � affairs in all respects in accordance with applicable laws and regulations or appropriate authorities. All rights and authority which the CITY has aot officially abridged, delegated or modified by this AGREIIKENT are retained by the CITY. 18.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the II�'LOYER, its overall budget, utilization of technology, and organizational structure and selectioa and direction and number of personnel. - 26 - ARTICLE XIX - SENORITY 19.1 Seniority, for the purpose of this AGREEMENT, shall be defined as follows: the length of continuous, regular and probationary service with the II�LOYER from the date an employee was first certified and appointed to a class title covered by this AGREF�IFNT, it being further understood that seniority is confined to the current class assignment held by an employee. In cases where two or more employees are appointed to the same class title on the same date, the seniority shall be determined by employee's rank on the eligible list from which certification was made. 19.2 Seniority shall terminate whea an employee retires, resigns, or is discharged. 19.3 In the event it is determined by the II�LOYER that it is necessary to reduce the work force, employees will be laid off by class title withia each department based on inverse length of seniority as defined above. 19.4 Ia cases where there are promotional series, such as Clerk I, II, and III, etc., when the number of employees in these higher titles is to be reduced, employees who have held lower titles which are in this bargaining unit will be offered reductions to the highest of these titles to which class seniority would keep them from being laid off, before layoffs are made by any class title within any department. 19.5 It is understood that such employees will pick up their former seniority date in any class of positions that they previously held. 19.6 Recall from layoffs shall be in inverse order of layoff, except that recall rights shall expire after two years of layoff. - 27 - ARTICLE XX - DISCIPLINE 20.1 The F�LOYER will discipline employees for just cause only. Discipline • will be in the form of: 20.1 Oral reprimand; 20.2 Written reprimand; 20.3 Suspension; 20.4 Reduction; 20.5 Discharge 20.2 Suspensions, reductions and discharges will be in written form. 20.3 Employees and the ASSOCIATION will receive copies of written reprimand and notices of suspension and discharge. 20.4 E�ployees may examine all iaformation in their II�LOYER personnel files , that concerns work evaluation,s, commendations and/or disciplinary actions. Files may be examined at reasonable times under direct supervision of the F.hII'LOYER. 20.5 Discharges will be preceded bq a five (5) day preliminary suspension without pay. During said period, the employee .and/or ASSOCIATION may request, and shall be entitled to a meeting with the F�Il'LOYER representative who initiated the suspension with intent to discharge. During said five (5) day period, the EMPLOYER may affirm the suspension and discharge in accordance with Civil Service Rules or may modify, or withdraw same. 20.6 An employee to be questioned concerning an investigation of disciplinary action shall have the right to request that an ASSOCIATION representative be present. 20.7 Grievances relating to this Article shall be processed in accordance with existing Civil Service procedures, except that oral and written reprimands shall be taken up in the grievance procedure under Article VI. - 28 - ARTICLE XXI - LEGAL SERVICES 21.1 Except in cases of malfeasance in office or willful or wanton neglect of , duty, the employer shall defend save harmless and indemnify employee against tort claim or demand whether groundless or otherwise arising out of alleged acts or omission occuring in the performance or scope of the employees duties. - 29 - ARTICLE XXII - TERMS OF AGREEMENT 22.1 Complete Agreement and Waiver of Bargaining. This AGREEMENT shall represent the complete AGREEMENT between the ASSOCIATION and the CITY of Saint Paul. The parties acknowledge that during the negotiations which resulted in this AGREEMENT, � each had the unlimited right and opportunity to make requests and proposals with respect to any sub�ect or matter not removed by law from the area of collective bargaining, and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this AGREEMENT. Therefore, the CITY and the ASSOCIATION, for the life of this AGREEMENT, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be oligated to bargain collectively with respect to any sub�ect or matter referred to or cavered in this AGREEMENT. 22.2 Savings Clause. This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of Saint Paul. In the event any provision of this AGREEMENT shall hold to be contrary to law by a court of competent juris- diction from whose final �udgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. 22.3 Terms of Agreement. This AGREEMENT shall be in full force and effect from January 1, 1980, thru December 31, 1981 and shall be automatically renewed from year to year thereafter unless either party shall notify the other in writfng by June 1, that it desires to modify or terminate this AGREEMENT. In witness whereof, the parties have caused this AGREEMENT to be executed this 19 day of February , 1980. - 30 - ARTICLE XXII - TERMS OF AGREEMENT (continued) 22.4 This constitutes a tentative AGREEMENT between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City, the City Council and is also subject to ratifi- cation by the City of Saint Paul Classified Confidential Employees Association. WITNESSES � CITY OF SAINT PAUL CITY OF SAINT PAUL CLASSIFIID CONFIDENTIAL II�Il'LOYEES ASSOCIATION . . ��" . �..� � Labor Relat ons D ec Busin ss Representative Civil Service Commission - 31 - _ Ty _ �- �- � �- �• �• �.• �• �• � �- �• r+� N N N N N N N N 1 V N N N F'h r � � � � � � � � � � � rn NN NN N N NN NN NN (D V �O V � V �D V �D V �O V t0 f� 1 1 1 1 I 1 1 1 I I I 1 tY o� v oo � oo v oo � oo � oo v w o �c o � o �o o � o �c o �o C m � r .� w � w .� w ww ww W O r �o O 0� O v oo tr a. .� �c ao �c o �c o o cv r� .� rn o a . . . . 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O� V N �"t R. tJi .t� N �"S W C� lJ� � .� l!� F�'� QO W OG � (A 00 .'i f� 00 Fi fD fD O fD � O fD � O (D I-+� :7 . � � � � � � � � rt n w �C �o H Oo 0o tD H v v 00 (D H rn o� Qo (D H o� V+ H � N µ rn o co rn o � m v n� N c� .o .� ►-� m w .o � .o n� � �n � n .� o y n n� � y n rn � �-n c� N o t� o . . � . . H R' • • N H �' • • (D H �' . . p x . . p v r p W �O fD � � � f� fD � v l� n (D � N 00 z ln �O V r 1-� O� �O C) 1-4 v � �' n F+ Oo lr �' f) F-4 v 00 H ln OD C'� f� �' f) � ]' f) � �" f� C� O F+� "•j Fp�� W � 1-'� I-� "'� (F»� 1'► � � r � n a W n � F'� n p O Q. O �O �C Oo !-� 0o V P� 1-; V O� W � � � H �O Oo 1+ ►-r .� H O l� N H r ln p tU H N V � W H O� N H N t1� � v, .� c v r � ►-a ►r .� � H v, � � rn o H H w �o r� w t-+ • r-� i-�+ cD r r► 00 �O V l� H W V H H W V H �O .� (� Cs! V N O .�v 1� r H r r H W W W O � V� N v ►� H � F�. A H+ f+. , O �O �O OD 0o V V V � C� pJ �O �O O� �o i� 00 l� �C ln O � A � G+ O A O 00 N � O �C O� W Cn OD O ►rJ . . �O O� 00 O� � r V V � O ln �O V V �O �C O � N N O N � V t+ f+ O O �D �O 00 OD V V V O� �C �O 1-+ �O r V r V �-+ 00 N r O� �O N O O� � 00 O W N O O� W W O� O� 1 . . . . � W OD W i-+ �O �O O� 1-+ O 4� t-+ O� rt O r Oo N O� �D 1-+ ln �.n O OD OD • r r �-+ r� r O O �O 00 06 00 v �1 O� O t0 i-+ N l� O W �O W O 1� W OD N ln V� V OD ln tJ� V ln W V W N W N � . . . . OW W N �ON WN W h+ OOW r'i W OD t0 U� N V W 00 N O� N �O • ►-� r r r � O O �O �o Oo Oo V V O+ O �O N �� r � r1� r0� L� �G W � O O f-+ 00 0�7 O 00 O+ O O� V+ W ►-+ 1 �C O W W N �D N W N W �-+ W 00 ►� r pp �p tn N V W C� N C� N �O • r-+ r r r 1-+ O O �O � 00 00 V V V O �D N l.Ji V W O� N O� N V ln O � V Vt W � �-+ r W r �O W �D O� N r � . OW W N �ON W N W r 0oW ri �-+ OD �O l!� N V W 00 N T N �O • - +�y - ►-+ r r r � � r ►-+ r r tr1 ''d a N N N N N N N N N N ►fi '� �'d I 1 1 I 1 I I 1 1 1 �-n O �'d NN NN NN NN NN (D h7tt1 V �O V �O V � V tD V �O (� L�7 1 I 1 1 1 I I 1 1 1 t't cn 00 V 00 V OD V 00 V 00 V h+ � O �O OtD O �D O �O O �O � HO 7+ = � 9 �oOO v � vv � T o+ rn � 11i 00 t0 .� V �-+ N V .L� O � N lJi O� F� W �J �D 00 V N '� ''� O O O� �D W �G SO ►� N l� N tj .'� NO VV VV lnOO OW � � Cn � H � � �o 00 � oo v v � v+ o� � f�• �O N N V O .� V t O V N H � p ►-+ Oo O l� 0o OD ln W C� bd C . . . r O .A O� N r+ Oo 00 � � t17 � �O v v .� W N ao W ln H H H O �D OD OD O� V V V V O� Cl7 N 11� C� O W V OD W O V� C!� �D v r-+ ►-+ O� 0� � � �+ N A ln V C V O� fD � t0 t!t � F-+ O fD � M W W fD � n W O � V ln N � .L� t1� � O �^ �n 4Q 1r-�� � V � OQ O r ►-� � � � N � � 0� � � rt O O 9 �D Oo (D 9 00 0� f� Oo v fD y rt v O� tD ',D A� ODO `� Ol� F� `� V r NV h�+ `a W WCD N � � �-+ ln � � r 9 � �O V � � � a I-�-• tCD � � � .'a N � O ln �C v O� m `C W �O '.7 .L� O� tA �C OO l� m `C H r �O v1 v ln U� U� l� �O fD V V V� U� 9 N 00 tA (A rt W t7 rh W 1-; f� 1; i-� y �-+• tn (A rf fA tA r ►-+ C `(� H fA N H O W H � � O �D 00 � H �O 00 0� 00 � H � V V � W lJ� l!� 00 ft N lA C7 O� O r'f V F+ ft .� V► O � i-+ V O �D Oo ''�U W �O Ci! . . . . �D v 00 � H V t� ►�i C� t0 H n W .L� r W r V H W N � .L� V � d� O � W r r r�T fD ' r r �O w �O �O O �D OD ri 00 V �o O �O N O� O ti r ln ►r ln r 0� V V OD O W O N ln ►s� . • WOo l� ln C� O C� O N � � ►� r f+ Nr O � O �o � O� OoV t-+ W V .� OD V 0� F�' N N ,n . . . ►r Oo V O� O O C� V 1-� O� 0��O r i-+ W O v �o O tn N r O O O �O �O �D 0� O� t-' 00 �0 V O � V OD r V f+ O 00 00 00 W v � l!� O� �I p� � . r N lr W V O� W ln ln W M W O+ �O l� �-+ r N 0� N O • a+ r r r r r ►-+ W N t� O O O O �O �O 0� �-' (uW rW VO ►-� .4� OW ln O� W O W V N C� ln N �O � . N V Ot ►-r W N 00 00 �O � �i 00 ln 00 �O V O 1-+ V � � • ����� 1 Do n�t deta^h this memorandum from the resolution so that this information wiil be �- a� avaiiabie to the City Council. F��'����' EXPLANATION OF ADMINISTRATTVE ORDERS, RESOLUTIONS, AND ORDINANCES R � � ti � el`I � � Date: February 6, 1980 F�� � 1 i�$Q Ma,vat�s o�� T0: MAYOR GEORGE LATIMER FR: PersonneL 0£fice RE: Resolutian fvr submission to City Council ACTION REQUESTED � We recommend your approval and submission of this Resolution to the City Council. � PURPOSE AND RATIONALE FOR THIS ACTION: This Resolution approves two-year Contracts (1g80-1981) between the City of St. Paul, ISD No. 625, and the Classified Confidential Employees. This group of employees includes Clerical, Technical, and Professional Employees. The terms of these Agree- ments are the same as the terms in the Agreements with AFSCME Local 2508 (Clerical), AFSCME Local 1842 (Technical�, and PEA I (Professional�. These terms include changes in the Articles dealing with Grievance Procedure, City Milea�e Allowance, Wages, Probationary Employees and Residency� and Insurance. The Clerical and Technical wage settlement calls for a 8% increase for 1980 and a 7. 5% increase for 1981. The PEA I employees will receive 7. 0% salary increases in 1980 and 7. 5%fa� 1981. ATTACHI�ENTS: Resolution, copy of Agreement, and copy for City Clerk.