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274575 M�HITE — CITV GLERK PINK — FINANCE G I TY O F SA I NT PA LT L Council �y yyj CANARV — DEPARTMENT ��/��77 +q�] BLUE — MAVOR File NO.� � a � Co o tion Presented By , Referred To Committee: Date Out of Committee By Date RESOLVED, Tha.t the Council of the City of St. Paul hereby approves and ratifies the attached collective bargaining contracts between the City and Council 91, Local 2508, A.F.S.C.M.E. and between the City and Council 91, Local 1842, A.F.S.C.M.E. , with the express understanding that when the present state law regarding mileage reimbursement is clarified, these contracts will be reopened solely for the purpose to negotiate mileage reimbursement for employees within the units represented in these agreements. � Approved: ' Chai rman Civil Service C missio COUNCILMEN Yeas ��0� Nays Requested by Department of: PERSONNEL OFFICE �a In Favor . Hunt Levine _ � __ Against BY ' Maddox Sha�e�tcr Te MAR 13 1980 For Approve y C Att Adop y Counc� : Date _ . ertified Pa- d y Council Se,cceta By By- Ap roved � vor: Dat _ �� 4 �� Appr y Mayor for Sub io� to Council Y� �, c" - B BY � ��r � I�t3�D MAR 2 � i�3�J _ ___ - - - -- Do not detach this memorandum from the resolution so that this information will be �� availabfe to the City CounciL EXPLANATION OF ADMINISTRATIVE ORDERS, RESOLUTIONS, AND ORDINANCES �i��_� � Date: February 26, 1980 � ;` �...�, �; � '� `� � M�� 5 - 1�$Q , NW�OR'Sr O�� T0: MAYOR GEORGE LATIMER FR: Personnel 0£fice RE: Resolution for submission to City Council ACTION REQUESTED We recommend your approval and submission of this Resolution to the City Council. PURPOSE AND RATIONALE FOR THIS ACTION: This resolution approves the 1980-1981 contracts between the City a.nd the AFSCME Council 91, Locals 2508 and 1842. This Agreement provides for a 8% or $. 40 per hour salary increase for 1980 and a 7. 5% salary increase for 1981 for the Clerical employees represented by Local 2508. The Technical employees represented by Local 1842 will receive wage increases of 8% and 7. 5% for 1980 and 1981 respectively. During this two-year period the employer will pay all costs of dependents insurance premiums as well as all costs of the employees insurance premiums. This applies to both contracts. The Grievance Prmcedure for discipline matters in both contracts is changed allowing an arbitrator to hear matters dealing with suspensions and discharges. � Other changes in the Agreements are in the areas of Mileage, Residency, and Benefits for Probationary Employees. ATTACHIKENTS: Resolution, Agreements, and copy for City Clerk. CITY OF SAINT PAUL ' OFFICE OF THE MAYOR iiii'iii i �,w��;;�„o � Y"'`� 34�7 CITY HALL F`'d� W'P� � R � (iF.OHGE LATIMEE S'AINT PAUL,MINNESOTA 55102 ` MAYOR �g12) 298-4323 February 26 , 1980 Dear Council Members : Attached hereto please find the executed collective bargaining agreements between the City and the units represented by Council 91 , Local 1842 , and by Council 91 , Local 2508 . They are submitted for your review and approval. You should also be advised that I have given my commitment that when the state law regulating mileage has been clarified , we will reopen the contracts solely for the purpose of negotiating the mileage issue. It is my understanding that this negotiating will begin in the near future. The basic changes in these contracts are as follows : 1 . They are two year contracts. 2. The unit members shall receive a 8Y wage increase for 1980 , and a 7�� wage increase for 1981 . 3 . City will pay all costs of dependent insurance premiums as well as the employees ' insurance premiums. 4. The grievance procedure is amended to allow an arbitrator to hear suspension and discharge hearings. Previously these hearings could only be heard by the Civil Service Commission. 5. Residency requirements were deleted . 6. Employees can now earn sick leave and vacation while on probation. I fully recommend approval of these contracts. ery truly yours , Geor Latimer Mayo � �� 1980 - 1981 AGREEMENT BETWEEN THE CITY OF SAINT PAUL, AND LOCAL UNION 2508 DISTRICT COUNCIL 91 OF THE AMERICAN FEDERATION OF STATE, COUNTY AND r1UNICIPAL F�MPLOYEES, AFL-CIO . INDEX ARTICLE TITLE PAGE Preamble iii I Recognition 1 II Check Off 4 III Hours of Work 5 IV Work Breaks 6 V Holidays 7 VI Employee Rights - Grievance Procedure 8 VII City Mileage 12 VIII Residence 13 IX � Vacation 14 X Iasurance 15 RI Working Out of Classification 1? - XII Employee Records 18 XIII Bulletin Boards 19 XIV Wages 20 RV 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 Vacancies 29 XXII Terms of Agreement 30 Appendix A 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 Local Union 2508 affiliated with Council 9I and the American Federation of State, County and Municipal Employees, AFL-CIO, hereinafter referr�d to as the UNION, has as its purpose the promotion of harmonious relations between the IIKPLOYER and the UNION, the establishment of an equitable and peaceful procedure for the resolution of differences, and the establishment of rates of pay, hours of work, and other condit�ons of empZoyment. - iii - ARTICLE I - RECOGNITION 1.1 The EhiPLOYER recognizes the UNION as the sole and exclusive bargaining agent for the purpose of establishing salaries, wages, hours and other conditions of employment for all of its employees as outlined in the certification by the State of Minnesota, Bureau of Mediation Services, dated July 12, 1973, in Case No. 74-PR-61-A and as amended and as set forth in Section 1.2 below. 1.2 The bargaining unit covered by this AGREEMENT shall consist of the following: All regular and probationary office, clerical, and admin- istrative personnel who are employed by the City of St. Paul or who have their "terms and conditions of employment" established by the governing body of the City of St. Paul in the classifications of: Accounting Clerk I Cashier II Accounting Clerk II Chief Meter Reader Accounting Machine Operator I Clerical Supervisor Accounting Machine Operator II Clerk I � Animal Control Supervisor Clerk II Assistant Mgr. of Park Refectories Clerk III , Assistant Market Director Clerk-Stenographer I Assistant Recorder of Council Clerk-Stenographer II ' Proceedings Clerk-Stenographer III Assistant Superyisor of �lections Clerk-Typist I Assistant Supervisor of Water Billing C1erk-Typist II Auditing Clerk I Clerk-Typist III Bank Clerk Clinic Aide Bond Registrar Computer Operator Bnilding Pexmit Clerk Cost Clerk Buyer I Data Entry Operator I Buyer I (Medical Supplies) Data Entry Operator II Buyer II Data Entry Operator III Cashier--Civic Center Data Processing Aide Cashier I Disbursement Auditing Supervisor - 1 - . ARTICLE I - RECOGNITION (continued) Dog Warden Payroll Supervisor (Schools) Duplicating Equipnent Qpr. Trainee Permit ar.d License Clerk Duplicating Equipment Operator Personnel Clerk--Board of Education Duplicating Equipment Opr. Supv. Police Communications Clerk Duplicating Equipment Operator Police Community Officer (Health Bureau) Emergency Preparedness Supply Insp. PoZice Dispatcher Field Clerk I Police Records Clerk Eield Clerk II Police Stenographer Field Clerk III Procurement CZerk Film Clerk Trainee Procurement Clerk--Health Services Film Clerk Property Clerk I Fire Service Aide Refectory Attendant Head Clerk--Public Buildings Refectory Helper Head Clerk--Water Department Ref ectory i�lanager Health Service Aide I Registration Clerk Health Service Aide II Secretary Information Systems Specialist Service Worker Inventory Control Supervisor Service Worker II Reypunch Operator StatisticaZ Clerk Laboratory Helper Storehouse Helper Landfill Caretaker Storekeeper I Library Clerk Storekeeper I--Police License Clerk Storekeeper II Lighting Complaint Clerk Storekeeper (Food Service) Market Director Storekeeper (Voting Machines) Meter Reader Storekeeper--Water Department Office Supply Room Operator Stores Clerk Park Concession Manager Stores Clerk (School Cafeterias) Park Guide Supervisor of Meter Reading Parking Lot Attendant II Supervisor of Water Billing Parking Metex Collector I Tabulating �Iachine Operator I Parking Meter Collector II Tabulating Machine Operator II Parking Meter �Ionitor Telephone Operator Parking Ramp Attendant Transportation Assistant Parking Ramp Manager Transportation Coordinator I Parts Storekeeper Transportation Coordinator II Payroll Audit Clerk Zoo Keeper I Payroll Supervisor I Zoo Keeper II Payroll Supervisor II Trainee Payroll Supervisor III (Clerical) (Child Development) (Custodian-Engineer) (Storehouse) - 2 - . ' ARTICLE I - RECOGNITION (continued) 1.3 Any present or future employee who is not a UhIO�' member shall be required to contribute a fair share fee for services rendered by the UNION, and upon notification by the TJNION, the II�LOYER shall check off said fee from the earnings of the employee and transmit the same to the UNION. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in 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 LTNION agrees to indemnify and hold the EMPLOYER 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. - 3 - �TICLE II - CHECK OFF 2.1 The EMPLOYER agrees to deduct the UNION membership initiation fee assessments and once each month dues from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the EMPLOYER by a representative of the UNION and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 2.2 The UNION agrees to indemnify and hold the II�LOYER harmless against any and all claims, suits, orders or 3udgments brought or issued against the II�LOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. - 4 - ARTICLE III - HOURS OF t+IORK 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, 15 (fifteen) minutes of which shall be paid. 3.2 The normal work week shall be five (5} consecutive normal work days in any seven (7) day period. 3.3 For employees on a shift basis, this shall be construed to mean an average of thirty-eight and three-fourths (38 3/4) hours per week. 3.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 3.5 Time on the payroll in excess of the normal hours set forth above in this Articie shall be "overtime work" and sha11. be done only by order of the head of the department. 3.6 All employees in this bargaining unit shall be recompensed for wark done in excess of the normal hours established above in this Artfcle by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such overtime work. The overtime rate of . one and one-hal£ shall be computed on the basis of 1/80th of the bi-�teekly rate. 3.7 Normal work schedules showing the employee's shifts, work days and hours shall be posted on all department bulletin boards at all times. It is also understood that deviation from posted work schedules shall be per- missib2e due to emergencies, acts of God, and overtime may be required. - 5 - ARTICLE IV - WORK BREAKS 4.1 Rest Periods. All employees work schedules shall provide for a fifteen minute rest period during each one-half shift. The rest period shall be scheduled by management at approximately the middle of each one-half shift whenever this is feasible. 4.2 If an employee is scheduled to work a full half shift beyond his regular quitting time, he shall be entitled to the rest period that occurs during said half shift. - 6 - ARTICLE V - HOLIDAYS 5.1 Holidays recagnized and observed. The following days shall be recognized and observed as paid holidays: New Years Day Colvmbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day Labor Day Tfao floating holiday Eligible employees shall receive pay for each 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 Moaday shall be observed as the holiday. 5.2 The floating holidays set forth in Section 5.1 above may be taken at any time during the contract year, subject to the approval of the Department Head of any employee. 5.3 Eligibility Requiretnents. 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'� name must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the 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 - F.�IPLOYEE RIGHTS - GRIEVANCE PROCEDURE 6.1 The E�IPLOYER shall recognize stewards selected in accordance with Ui�TION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the naaes of the stewards and of their successors when so named. 6.2 It is recognized and accepted by the II�LOYER and the UNION that the pro- cessing of grievances as hereinafter provided is limited by the 3ob duties and responsibilities o�f 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 progxams of the EMPLOYER. 6.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article XX for the processing of grievance, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. 6.4 Grievance shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this AGREEMENT, the employee involved with or without the steward shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the iTI3I0N. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the - 8 - ARTICLE - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) . AGREII�IENT violated, and relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within (7) seven 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 F,MFLOYER supervisor shall meet with the UNION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, ' the EN�LOYER shall reply in writing to the UNION within three (3) work days following this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) work days follow- ing receipt of the II�LOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) work days following receipt of the F�'LOYER'S answer shall be considered waived. Step 3. Withia seven (7) work days following receipt of a � grievance referred from Step 2 a designated II�'LOYER supervisor ' shall meet with the UNION Business Manager or his designated representative, the Employee and the Steward and attempt to resolve the grievance. Within seven (7) work days following this meeting the II�LOXER shall reply in writing to the UNION stating the � IIKPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the iINION may refer the grievance to Step 4. Any grievance not referred to in writing by the UNION to Step 4 within seven (7) work days �ollowing receipt of the EMPLOYER'S answer shall be considered waived. - 9 - ARTICLE VI - ENg'LOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) Step 4. If the grievance remains unresolved, the UNION may within seven (7) work days after the response of the II�II'LOYER in Step 3, by written notice to the ENNIPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the uNION within seven (7) work days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relation Board to submit a panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The iJNION shall strike the first (lst) name; the IIKPLOYER shall then strike one (1) name. The process will be xepeated and the remaining person shall be the arbitrator. 6.5 The arbitrator shall have no right to amend, modify�, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the II�LOYER and the UNION 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 e,xtension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREF�tENT and - 10 - ARTICLE VI - ENIPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UNION, and the employees. 6.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the II�LOYER and the UNION, provided that each party ehall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 6.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. 6.8 It is understood by the UNION and the ENIPLOYER that a grievance ma.y be determined by either the grievance procedure of this contract or by the provisions of the Personnel 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 Personnel Rules. If an issue is determined by the provisions of the Personnel Rules it shall not again ' be submitted for arbitration under this grievance procedure. - 11 - ARTICLE VII - CITY MILEAGE 7. 1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimburse- ment of City officers and employees 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 eligible for such reimbursement, 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 repzesentative 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 emplayment 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 thair 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 autonobile reimbursement, which regula- tions and rules shall contain the requirement that recipients shall file daily reports indieating 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 insuraace in amounts not less than $300,000 single limit coverage, with the City of Saint Paul•named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the city clerk. . . . - 12 - ___ ARTICLE VIII - RESIDENCE 8.1 The resolution pertaining to residency approved July 26, 1979, under � Council File No. 273378 shall apply to alI employees covered by this AGREEMENT. - 13 - ARTICLE IX - VACATION 9.1 In each calendar year, each full-time employee sha11 be granted vacation according to the following schedule: Years of Service Vacation Granted 0 thru 4 years 10 days after 4 years 15 days after 9 years 17 days after 15 years 21 days after 23 years and thereafter 26 days Employees who work less than full-time shall be granted vacation on a pro rata basis. 9.2 The head of the department may permit an employee to carry ov�r into the following year up to ten days' vacation. 9.3 The above provisions of vacation shall be sub�ect to Resolution No. 6446, Section I, Sub. H. 9.4 Employees formerly with the A.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 1980 to 1981. - 14 - �- ARTICLE X - INSURANCE • 10.1 The II�LOYER will continue for the period of this AGREEMENT to provide for employees such health and life insurance benetits as are provided by II+�LOYER at the time of execution of this AGREEMENT. 10.2 The II+�LOYER will for the period of this AGREEMENT provide for employees who retire af ter the time of execution of this AGREEMII3T and until such employees reach sixty-five (65) years of age such health insurance benefits and life insurance benefits as are provided by the F.MPLOYER for such employees. 10.3 In order to be eligible for the benefits under the early retiree provisiun, the employee must: 10.31 �e 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 Citp 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 AGREEM�IT who selects Group Health insurance coverage, the City agrees to contribute the cost of such coveraga 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 AGREE�IEt'T who selects Coordinated Eealth Care, the City agrees to contribute the cost of such coverage or $42.25 per month, whichever is less. In addition, 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 ].ess. - 15 - ARTICLE X - INSURANCE (continued) 10.7 The 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. 10.8 Effective January 1, 1981, the figures in Article 10.4, 10.5, 10.6 and 10.7 above will be adjusted in dollars to reflect the cost of the 1981 premium rates for the respective coverages. 10.9 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. . - 16 - ARTICLE XI - WORKING OUT OF CLASSIFICATION 11.1 II�LOYER shall avoid, whenever possible, working an employee on an out- of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifteen (15) working days during a year shall receive the rate of pay for the out-of-class assigrnnent in a higher classification not later than the sixteenth (16th) day of such assignment. For purposes of this article, and out-of-class assigrnaent is defined as an assig�ent 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 classification 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 followiag classifications, the provisions of 11.1 sha12 not apply to performance of the duties of the next higher classification � • in the job series: " Health Service Aide I Clerk I Clerk Stenographer I Accounting Maching Operator I Data Entry Operator I Cashier I Duplicating Equipment Operator Trainee Tabulating Machine Operator I Parking Meter Collector I Zookeeper I Clerk-Typist I - 17 - ARTICLE XII - EMPLOYEE RECORDS 12.1 Any written reprimand made concerning any member of this Bargaining Unit which is filed with the Personnel Office or within any City department, shall be shown to the member before it is placed on file. Before the reprimand is placed on 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 o£ the supervisor, review any material placed in the emgloyee'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 discrimination complaint and there shall be no retaliation by the City of St. Paul for such action. - 18 - ARTICLE XIII - BULLETIN BOARDS 13.1 The Et�LOYER 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 Ul�'ION for political purposes other than UNION elections. Use of this bulletin board is sub3ect to approval of the department head. s - 19 - ARTICLE-XIV - WAGES 14.1 The wage schedule, for purposes of this contract, shall be Appendix A, attached hereto. Both parties agree that the inclusion of the classifications and salary ranges in Appendix "A" does not preclude the employer from 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 geriod in which such regrading or reclassification takes place. 14.2 Notwithstanding section 14.1, salary rates in Appendix A shall be reduced in the amounts necessary to equalize payment to individual HRA employees and City emploqees who receive different pension benefits. - 20 - . ARTICLE 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 Personnel Rules of the City of St. Paul (Resolution No. 3250) and the Salary Ordinance of the City of St. 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 AGREEME?�1T. - 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 Personnel 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 one-half hour past his regular scheduled start3ng time. The granting of sick leave shall be sub�ect to the terms and provisions of Resolution No. 3250 of the City of Saint Pau1. 16.3 Any employee who has accwnulated sick leave credits as provided above sha.11 be granted leave with pay, for such period of time as the head of the department deems necessary, on account of sickness or injury of the employee, quarantine established and declared by the Bureau of Health, death of the employee's mother, £ather, spouse, child, brother, sister, mother-in-law, father-in-law, or other person who is a member of ttie household; and may be granted leave with pay for such time as is actua2ly necessary for office visits to a doctor, dentist, optometrist, etc. , . or in the case of sudden sickness or disability of a member of his household, making arrang�ments 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 proper authority o€ any of the military or naval forces of the state or of the United States for whic:� leave is not otherwise allowed by law shall be entitled to leave of - 22 - , ARTICLE XVI - LEAVE OF ABSEPZCE (continued) absence from employment without pay during such service with right of reinstatement and subject to such con@itions as are imposed by law. Such leaves of absence as are granted under Article 17 shall conform to Minnesota Statutes, Section 192, as amended from time to time, and shall confer no additional benefits other than those granted by said statute. . 16.5 Severance Pay. Employees shall be eligible for severance pay in accordance with the Severance Pay Ordinance No. 11490. The amount of Severance Pay allowed shall be that amount permitted by StaCe Statutes sub3ect to the provisions that the maximum amount allowed shall be $4,000. 16.6 Jury Duty. Any employee who is required during his regular working hours to appear in court as a �uror or witness except as a witness in his own behalf against the CITY, shall be paid his regular pay while he is so engaged, provided however, that any fees that the employee may receive from the court for such service shall be paid to the CITY and be deposited with the CITY Finance Director. Any employee who is scheduled to work a shift, other than the normal day- time shift, shall be rescheduled to work the normal daytime shif t during such time as he is required to appear in court as a juror or witnesa. 16.7 Funeral Leave. Any employee who has accumulated sick leave credits, as pro- vided in the Civil Service Rules, shall be granted one day of such leave to attend the funeral of the employee's grandparent or grandchild. 16.8 An employee elected or appointed to a full time paid position by the exclusive representative may be granted a leave of absence without pay for not more than one year for the purpose of conducting the duties of the exclusive representative. 16.9 Maternity Leave - Maternity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, - 23 - ARTIC`LE XVI - LEAVES OF A$SENCE (continued) as determined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above _ and the employer may approve such leave at its option, and such leave may be no longer than one (1) year. -- 24 - � ARTICLE XVII - MILITARY LEAVE OF ABSENCE 17.1 Pay Allowance. Any employee who shall be a member of the National Guard, the Naval Militia or any other component of the militia of the State, now or hereafter organized or constituted under state or federal law, or who shall be a member of the Officer's Reserve Corps, the Enlisted Reserve Corps, the Naval Reserve, the rlarine Corps Reserve or any other reserve companent of the military or naval force of the United States, nor or hereafter organized or constituted under Federal law, shall be entitled to leave of absence from employment without loss of pay, seniority status, efficiency rating, vacation, sick leave or other benefits for all the time when such employee is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, provided that such leave shall not exceed a total • of fifteen (15� days in any calendar year and, further provided that such leave shall be allowed only in case the required a.ilitary or naval service is satis£actorily performed, which shall be presumed unless the ' contrary is established. Such leave shall not be allowed unless the � employee (1) returns to his position immediately upon being relieveci from such military or naval service and not later than the expiration of time herein limited for such leave, of (2) is prevented from so returning by physical or mental disability or other cause not due to such employee's own fault, or (3) is required by proper authority to continue in such military or naval service beyond the time herein Iimited for such Ieave. - 25 - . ARTICLE XVIII - MANAGEMENT RIGHTS 18.1 The UNION recognizes the right of the CITY to operate and manage its a�fairs in all respects in accordance with applicable law5 . and regulations of appropriate authorities. All rights and authorit� which the CITY has not officially abridged, delegated or modified by this AGREEMENT are retained by the CITY. 18.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the E[�LOYER, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. - 26 - ARTICLE XIX - SENIORITY 19.1 Seniority, for the purpose of this AGREII�iENT, 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 AGREEMENT, 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 sh�ll terminate when an employee retires, resigns, or is discharged. 19.3 In the event it is determined by the II�LOYER that it is necessary to reduce the work force, employees will be laid off by class title within eacfi department based on inverse length of seniority as defined above. 19.4 In cases where there are promotional series, such as Clerk I, . II, III, etc. , when the number of employees in these higher titles is to be ' reduced, employees who have held lower titles which are in this bargain- ing unit will be offered reductions to the highest of these titles to which class seniority would keep them from being laid off, before layoffs are made by any class title within any department. 19.5 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 layoff 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 EMPLOYER will discipline employees for �ust cause only. Discipline will be in the form of: 20.11 Oral reprimand; 20.12 Written reprimand; 20.13 Suspension; 20.14 Reduction; 20.15 Discharge 20.2 Suspensions, reductions and discharges will be in written form. 20.3 Employees and the UDTION will receive copies of written reprimaxcds and notices of suspension and discharge. 20.4 Employees may e�camine all inf ormation in their EMPLOYER personnel files that concerns work evaluations, commendations and/or disciplinary actions. Files may be examined at reasanable times under direct supervision of the F.MPLOYER. 20.5 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or UNIOI3 may request, and shall be entitled to a meeting with the II�PLOYER representative who initiated the suspension with intent to discharge. During said five (5). day period, the EMPLOYER ma.y affirm the suspension and discharge in accordance with Personnel Rules or may modify, or withdraw same. 20.6 An employee to be questioned concerning an investigation of discipli.nary action shall have the right to request that a UNION representative be present. 20.7 Grievances relating to this Article shall be processed in accordance : with existing Civil Service procedures or at the option of the employee may be taken up in the grievance procedure under Article VI. If an issue is determined by the grievance procedure it shall not again be submitted for arbitration under the Personnel Rules. If an issue is determined by the provisions of the Personnel Rules it shall not again _ be submitted for arbitration under the grievance procedure. • . - 28 - ARTICLE XXII - TERMS OF AGREEMENT 22.1 Complete Agreement and Waiver of Bargaining. This Agreement shall represent the complete AGREEMENT between the UNION 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 subject 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 UNION, for the life of this AGREEMENT, each voZuntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain co1- lectively with respect to any subject or matter referred to or covered in this AGREII�IENT. 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 �urisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. 22.3 Term of Agreement. This AGREEMENT shall be in full force and effect from January 1, 1980 thru December 31, 198I, and shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing by June l, that it desires to modify or terminate this AGREEMIIIT. In witness whereof, the parties have caused this AGREEMENT to be executed this 25th day of February , 1980. � - 3Q - ARTICLE XXII- TERMS OF AGREII�[ENT (continued) 22.4 This constitutes a tentative AGREEMEIv'T 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 ratification by the Local Union No. 2508. WITNESSES: CITY �OF SAINT PAUL � LOCAL UNION N0. 2508, DISTRICT COUNCIL N0. 91 OF THE AMERICAI3 FEDERATION OF STATE, COUNTY AND MUI3ICIPAL EMPLOYEES AFL-CIO l � n BY: �/l,l., '., Labor Relat ons D ec B iness epre �ntati BY: BY: Civil Service Coa�ission BY: BY: BY: . 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G� G7 0) W .-+ N .--� N .-� N .-i N .-� N � N .-� N .0 .0 � � W •--i .-i .-� .--i .-i .-a .-i (-i H - AS - ,I� �-��'�`�� F.� n .�` 1980--1981 AGREEMENT BETWEEN TI� CITY OF SAINT PAUL AND LOCAL UNION 1842, DISTRICT COUNCIL 91, OF THE AMERICAN FEDERATION OF STATE, ' COUNTY AND MUNICIPAL E1�'LOYEES, AFL—CIO ,.,� � INDEX ARTICLE TITLE PAGE Preamble iii I Recognition 1 II Check Off 3 III Hours of Work q IV Work Breaks 5 V Holidays 6 VI Grievance Procedures 7 VII City Mileage 11 VIII Residence 12 IX Vacation 13 X Insurance 14 XI Working Out of Classification 16 XII Seniority 17 XIII Employee Records lg %IV Bulletin Boards 19 XV Wages 20 XVI Maintenance of Standards 21 XVII Leave of Absence 22 XVIII Military Leave of Absence 24 XIX Management Rights 25 XX Discipline 26 XXI Vacancies 27 IDCII Legal Services 28 �III Terms of Agreement 29 Appendix A 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 F.MPLOYER, and Local UNION 1842, affiliated with Council 91, and the American Federation of State, County and Municipal Employees, AFL-CIO, hereinafter referred to as the UNION, has as its purpose the promotion of harmonious relations between the E[�LOYER and the UNION, 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 UNION as the sole and exclusive bargaining agent for the purpose of establishing salaries, wages, hours and other conditions of employment for all of its employees as outlined in the certification by the State of Minnesota, Bureau of Mediation Services, dated July 12, 1973, in Case No. 74-PR-7-A and as amended and as set forth in Section 1.2 below. 1.2 The bargaining unit covered by this AGREF�fENT shall consist of the following: All regular and probationary technical personnel who are employed by the City of Saint Paul or who have their "terms and conditions of employment" established by the governing body of the City of St. Paul in the classiffcations o.f: Accounting Clerk III Engineering Aide I Accounting Clerk(Vocational Engineering Aide II ' Institute�. Engineering Draftsman I Accounting Technician I Engineering Draftsman II Accounting Technician II Engineering Inspector Accounting Technician III Field Representative--Human Rights Dept. Administrative Aide--Community General Library Assistant Services Graphic Arts Technician--City Planning Affirmative Action Investigator Housing Aide I Affirmative Action Officer-- Housing Aide II Department of Hnman Rights Affirmative Action Technician Housing Technician I Air Pollution Technician I Housing Technician II , Air Pollution Technician II Instructor of Arts and Crafts Architectural Draftsman I Instrumentman Architectural Draftsman II Laboratory Technician 1'� Assessment Clerk II Library Assistant Assistant Supervisor of Assessments License Investigator Child Development Technician Model Cities Technician I Clinic Nurse Model Cities Technician II Community Organizer Personnel Technician--Model Cities Dental Assistant 13utrition Assistant Dental Hygienist Occupational Therapy Assistant Deputy License Inspector I Physical Therapist Assistant Deputy License Inspector II Plan Examiner--Public Buildings E.D.P. Program Analyst Planning Aide I - 1 - ' ARTICLE I - RECOGNITION (continued) Planning Aide II Staff Coordinator Planning Assistant I Supervising Dental Hygienist Planning Assistant II Supervisor of Assessment Accounts Planning Technician I Surveyor I Planning Technician II Testing Laboratory Aide I Police Artist Testing Laboratory Aide II Practical Nurse Testing Laboratory Technician I Programming Manager Testing Laboratory Technician. Il Public Address Operator Traffic Engineering Aide II Public Buildings Technician II Traffic Technician I Public Buildings Technician III Traffic Technician II Public Information Technician Traffic Technician III Public Works Technician � Utilities Investigator I Public Works Technician II Utilities Investigator II Public Works Technician III Valuation and Assessment Aide I Recreation Leader Valuation and Assessment Aide II Recreation Leader II Valuation and Assessment Technician I Recreation Leader III Valuation and Assessment Technician II ; Safety and Health Technician Valuation and Assessment Technician III • Sanitarian Aide I Valuatioa Technician Sanitarian Aide II Water Department Technician I Sanitation Inspector I Water Department Technician II Sanitation Inspector II Water Department Technician III Senior X-ray Technician Water Laboratory Aide Special Student Attendant X-Ray Technician 1.3 Any present or future employee who is not a UNION member shall be required to contribute a fair share fee for services rendered by the UNION, and upon notification by the UNION, the EMPLOYER shall check off said fee from the earnings of the employee and transmit the same to the UNION. In no instance `� shall the required contribution exceed a pro rata share of the specific \� expenses incurred for services rendered by the representative in 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 UNION agrees to indemnify and hold the F.MPLOYER harmless against any and all claims, suits, orders or 3udgments brought or issue against the City as a result of any action taken or not taken by the City under the provisions of Section 1.3 of this Article. - 2 - ARTICLE II - CHECK OFF 2.1 The ENIPLOYER agrees to deduct the UNION membership initiation fee assessments and once each month dues from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the II�LOYER by a representative of the UNION and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 2.2 The UNION agrees to indemnify and hold the IIKPLOYER harmless against any and all claims, suits, orders or �udgments brought or issued against the CITY as a resuZt of any action taken or not taken by the CITY under the provisions 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, 15 (fifteen) minutes of which shall be paid. 3.2 The normal work week shall be five (5) consecutive normal work days in any seven (7) day period. 3.3 For employees on a shift basis, this shall be construed to mean an average of thirty-eight and three-fourths (38-3/4) hours per week. 3.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per no�al work week. � 3.5 Time on the payroll in excess of the normal hours set forth above' in this Ar- ticle shall be "overtime work" and shall be done only by order of the head of the department. 3.6 Al1 etnployees in this bargaining unit shall be recompensed for work done in excess of the normal hours established above in this Article by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such overtime work. The overtime rate of one and one-half shall be computed on the basis of 1/80th of the bi-weekly rate. , 3.7 Normal work schedule showing the employee's shifts, work days and hours shall , be posted on all department bulletin boards at all times. It is also under- _� �� stood that deviation from posted work schedules shall be perndssible due to emergencies, acts of God, and overtim'e may be required. - 4 - ARTICLE IV - WORK BREAKS 4.1 Rest Periods. All employees work schedules shall provide for a fifteen (15) minute rest period during each one-half shift. The rest period shall be sched- uled by management at approximately the middle of each one-half shift whenever this is feasible. 4.2 If an employee is scheduled to work a full half shift beyond his regular quit- ting time, he shall be entitled to the rest period that occurs during said half shif t. r,; __\\ \- -5- 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 Christnas Day Labor Day 2fao floating holidays Eligible employees shall receive pay for each 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. When- ever 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 approval of the Department Head of any employee. 5.3 Eligibility Requirements. In order to be eligible for a holiday wit� pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an employee's name must appear on the �'�: payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is further understood that neither te�porary, emergency nor other employee not heretofore eligible shall receive holiday pay. ' - 6 - . ARTICLE VI - GRIEVANCE PROCEDURES 6.1 The EMPLOYER sha11 recognize stewards selected in accordance �rith UNION rules and regulations as the grievance representatives of the bargaining unit. The UNION shall notify the SMPLOYER in writing of the names of the stewards and of their successors when so named. 6.2 It is recognized and accepted by the ENII'LOYER and the UNION that the processing of grievances as hereinafter provided is limited by the �ob duties and respon- sibilities of the emgloyees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward irtvolved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the steward and the employee ha.ve notified and received the approval of the supervisor to be ab- sent to process a grievance and that such absence would not be detrimental to the work programs of the EMPLOYER. 6.3 The procedure estahlished by this Article shall be the sole and exclusive pro- cedure, except for the appeal of disciplinary action as provided by Article XX 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 conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this \ AGREEMENT, the employee involved with or without the steward shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee�s satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and the relief requested. Any alleged - 7 - ARTICLE VI - GRIEVANCE PROCEDURES (continued) violation of the AGREEMENT not reduced to writing by the UNION 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 IIKPLOYER supervisor shall meet with the UNION Steward and attempt to resolve the grfevance. If, as a result of this meeting, the grievance remains unsolved, the II�LOYER shall reply � in writing to the UNION within three (3) work days following this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) work days following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the � UNION within seven (7) work days following receipt of the II�LOYER'S answer shall be considered waived. Step 3. Within seven (7) work days following receipt of a grievance referred from Step 2 a designated II�iPLOYER supervisor shall meet with the UNION Business Manager or his designated representative, the employee and the steward and attempt to resolve the grievance. Within seven (7) work days following this meeting the II•IPLOYER shall r�ply in writing to the UNION stating the II�LOYER'S answer concerning the grievance. If, as a result of the written response the grievance \ remains unsolved, the UNION may refer the grievance to Step 4. Any grievance not referred to in writing by the UNION to Step 4 within seven (7) work days following receipt of the EMPLOYER'S answer shall be considered waived. Step 4. If the grievance remains unresolved, the liNION may within seven (7) work days after the response of the EMPLOYER in Step 3 by written notice to the �LOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by - 8 - ARTICLE VI - GRIEVANCE PROCEDURES (continued) an arbitrator to be selected by mutual agreement of the II�LOYER and the UNION within seven (7) work days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the aid seven (7) day period, either party may request the Public Emploq- ment Relation Board to submit a panel of five (5) arbitrators. Both the ENIPLOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION shall strike the first (lst) name; the F.NII'LOYER shall then strike one (1) name. The process will be repeated and the remaining person shall be the one arbitrator. 6.5 The arbitrator shall have no right to amend, modify, nullify, ignore, � add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the F.MPLOYER and the UNION 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 shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREII�IENT and to the facts - of the grievance presented. The decision of the arbitrator shall be final and binding on the II�LOYER, the UNION, and the employees. - 9 - � ARTICLE VI - GRIEVANCE PROCEDURES (continued) _ 6.6 The fees and expenses for the arbitrator�s services and proceedings shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 6.7 The time limits in each step of this procedure may be extended by mutual agreement of the EI�LOYER and the UNION. 6.8 It is understood by the UNION and the IIKPLOYER 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 issued 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 grievance procedure. -�.. � - 10 - _ ; -, _ 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 employees 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 eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. If an employee is required to use his/her own sutomobile 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 wi.11 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 limit coverage, with the City of Saint Paul named as an additional insured. Tfzese rules and �- regulations, together with the amendment thereto, shall be maintained �: on file with the city clerk. ' - 11 - ARTICLE VIII - RESIDENCE 8.1 The resolution pertaining to residence approved July 26, 1979, under . Council File No. 273378 shall apply to all employees covered by this agreement. �\ � - 12 - ARTICLE IX - VACATION 9.1 In each calendar year, each full-time employee shall be granted vacation ac- cording to the following schedule: Years of Service Vacation Granted 0 thru 4 years 10 days Sth year thru the 9th year 15 days lOth year thru the 15th year 17 days 16th year thru the 23rd year 21 days 24th year and thereafter 26 days Employees who work less than full-time shall be granted vacation on a pro ' rata basis. 9.2 The head of the department may permit an employee to carry over into the fol- lowing year up to ten days vacation. 9.3 The above provisions of vacation sha11 be subject to Resolution No. 6446, Section I, Sub. H. 9.4 Employees formerlq 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 1980 to 1981. - 13 - ' ARTICLE X - INSURANCE 10.1 The II�LOYER 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 II�PLOYER 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 dependentts 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 addition, 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. - 14 - , ARTICLE X - INSURANCE (continued) 10.7 The 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. 10.8 Effective January 1, 1981, the figures in Article 10.4, 10.5, 10.6 and 10.7 above will be ad3usted in dollars to reflect the cost of the 198I premium rates for the respective coverages. 10.9 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. - 15 - ARTICLE XI - WORKING OUT OF CLASSIFICATION 11.1 ENg'LOYER shall avoid, whenever possible, woxking 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 during a year shall receive the rate of pay for the out-of-class assig�ent in a higher classification not later than the sixteenth (16) day of such assignment. For purposes of this Article, an out-of-class assig�ent 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 � classification 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. �.- ..\ - 16 - ARTICLE XII - SENIORITY 12.1 Seniority, for the purpose of this AGREIIr1ENT, shall be defined as follows: The length of continuous, regular and probationary serv3ce with the II�LOYER from the date an employee was first certified and appointed to a class title covered by this AGREEMENT, it being further understood that seniority is con- fined 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. 12.2 Seniority shall terminate when an employee retires, resigns, or is discharged. 12.3 In the event it is determined by the EMPLOYER that it is necessary to reduce the work force, employees will be laid off by class title within each depart- ment based on inverse length of seniority as defined above. 12.4 In cases where there are promotional series, such as Technician I, II, III, etc. , when the number of employees in these higher titles is to be reduced, employees who have held lower titles which are in this 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 in any �..._. �� department. 12.5 It is understood that such employees will pick up their former seniority date in any class of positions that they previously held. 12.6 Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after two years of layoff. - 17 - ARTICLE XIII - II�LOYEE RECORDS 13.1 Any written reprimand made concerning any member of this Bargaining Unit which 1s 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 had been read by said emp�.oyee. 13.2 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 per- sonnel file, after first giving proper notice to the supervisor in custody of such file. 13.3 Any member of the bargaining unit may file a grievance or a discrimination complaint and there shall be no retaliation by the City of Saint Paul for such action. ' \ .� - 18 - ARTICLE XIV - BULLETIN BOARDS 14.1 The ENIPLOYER 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 sub�ect to approval of the department head. -�., �� - 19 - ARTICLE XV - WAGES 15.1 The wage schedule, for purposes of this contract, shall be Appendix A, attached hereto. Both parties agree that the inclusion of the classifi- cations and salary ranges in Appendix "A" does not preclude the employer from the following: 15.11 Reorganizing 15.12 Abolishing classifications 15.13 Establishing new classifications 15.14 Regrading classifications 15.15 Reclassifying positions Both parties also agree that titles and grades in Appendix "A" refer to employees tn 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 reclassification takes place. ` , 15.2 Notwithstanding section 15.1, 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 - ARTICLE XVI - MAINTENANCE OF STANDARDS 16.1 The parties agree that all conditions of etnployment 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 Ordinance 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 inproved wherever specific provisions for improvement are made elsewhere in this AGREEMENT. � - 21 - . ARTICLE XVII - LEAVES OF ABSENCE 17.1 Leave of Absence. After three month's employment, an employee may make appli- cation 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). 17.2 Sick Leave. Sick Leave shall accumulate at the rate of .0567 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 one-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. 17.3 Any employee who has accumulated sick leave credits as provided above shall be granted leave with pay, for such period of time as the head of the departnent " deems necessary, on account of sickness or in�ury of the employee, established and declared by the Bureau of Health, death of the employee's mother, father, spouse, child, brother, sister, mother-in-law, father-in-law, or other person who is a member of the household; and may be granted leave with pay for such time as is actually necessary for office visits to a doctor, dentist, optome- trist, etc. , or in the case of sudden sickness or disability or a member of his ��; household, ma.king arrangements for the care of such sick or disabled persons up to a maximum of four hours sick leave. 17.4 Leave Without Pay.� Any employee who engages in active service in time of war or other emergency declared by proper authority of any of the military or naval forces of the State or of the United States for which leave is not otherwise al- lowed by law shall be entitled to leave of absence from employment without pay during such service with right of'reinstatement and sub�ect to such conditions as are imposed by law. Such leaves of absence as are granted under Article XVIII - 22 - ARTICLE XVII - LEAVES OF ABSENCE (CONTINUED) shall conform to Minnesota Statutes Section 192, as amended from time to time and shall confer no additional benefits other than those granted by said statute. 17.5 Jury Duty. Any employee who is required during his regular working hours to appear in court as a �uror or witness except in his own behalf against the City, shall 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. Any employee who is scheduled to work a shift, other than the normal daytime shift, shall be re- scheduled to work the normal daytime shift during such time as he is required to appear in court as a juror or witness. 17.6 Education Leave. Leave with pay may be granted for education purposes at the option of the employer. 17.7 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 granchild. 17.8 An employee elected or appointed to a full time paid position by the exclusive representative ma.y be granted a leave of absence without pay for not more than �� one year for the purpose of conducting the duties of the exclusive representative 17.9 Maternity Leave. Maternity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the employer may approve such leave at its option, and such leave may be no longer than one (1) year. - 23 - ARTICLE XVIII - MILITARY LEAVE OF ABSENCE 18.1 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 here- after 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, now or hereafter organized or constituted under Federal law, shall be entitled to leave of absence from employment without loss of pay, seniority status, efficiency rating, vacation, sick leave or other benefits for all the time when such employee is engaged with such organization or component in training or active service ordered or authorized by proper suthority pursuant to law, whether for state or federal purposes, provided that such leave shall aot 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 � employee (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. � - 24 - ARTICLE XIX - MANAGEMENT RIGHTS 19.1 The UNION recognizes the right of the CITY to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. All rights and authority which the CITY has not officially a- bridged, delegated or modified by this AGREEMENT are retained by the CITY. 19.2 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 dis- cretion or policy as the functions and programs of the employer, and organiza- tional structure and selection and direction and number of personnel. �; - 25 - ' ARTICLE XX - DISCIPLINE � � 20.Z The F�IPLOYER will discipline employees for just cause only. Discipline will be in the form of: 20.11 Oral reprimand; 20.12 Written reprimand; 20.13 Suspension; 20.14 Reduction; 20.15 Discharge. 20.2 Suspensions, reductions and discharges will be in written form. 20.3 Employees and the UNION will receive copies of written reprimands and notices of suspension and discharge. � 20.4 E�nployees may examine all information in their EMPLOYER personnel files that concerns work evaluations, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the II�LOYER. 20.5 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or UNION may request, and shall be entitled to a meeting with the II�IPLOYER representative who initiated the suspension with intent to discharge. During said five (5) day period, the ENIPLOYER may affirm the suspension and discharge in accordance with Personnel Rules or may modify, or withdraw same. 20.6 An employee to be questioned concerning an investigation of disciplinary action shall have the right to request that a UNION representative be present. 20.7 Grievance relating to this Article shall be processed in accordance with exist- ing Civil Service procedures or at the option of the employee may be taken up in the grievance procedure under Article VI. If an issue is determined by the grievance procedure it shall not again be submitted for arbitation under the Personnel Rules. If an issue is determined by the provisions of the Personnel Rules it shall not again be submitted for arbitration under the grievance procedure. - 26 - ARTICLE XXI - VACANCIES 21.1 The Personnel Office will inform all departments that the department's time- keeper shall post notices of all job .vacancies in their department at least five days before submitting a requisition to the Personnel Office. \- - 27 - ARTICLE XXII - LEGAL SERVICES 22.1 Except in cases of malfeasance in office or wi11fu1 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. `\ - 28 - ARTICLE XXIII - TERMS OF AGREEMENT 23.1 Complete Agreement and Waiver of Bargaining. This AGREEMENT shall represent the complete AGREEMENT between the UNION 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 re- spect to any sub�ect or matter not removed by law from the area of collective baroaining, 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 UNION, for the life of this AGREE- MENT, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this AGREEMENT. 23.2 Savings Clause. This AGREEMENT is sub�ect 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 decrees no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. 23.3 Term of Agreement. This AGREEMENT shall be in 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 writing by June 1, that it desires to modify or terminate this AGREEMENT. In witness thereof, the parties have caused this AGREEMENT to be executed this 25th day of February , 1980. - 29 - ARTICLE XXIII - TERMS OF AGREEMENT (continued) 23.4 This constitutes a tentative AGREEfi1ENT between the parties which will be . recommended by the City Negotiator, but is subject to the approval af the Administration of the City and the City Council and is also subject to ratification by the UNION. WITNESSES: CITY OF SAINT PAUL LOCAL UNION 1842, DISTRICT COUNCIL 91 OF TfiE AMERICAN FEDERATION OE� STATE, COUNTY AND MUNICIPAL IINPLOYEES, AFL-CIO . . � BY: � abor Relations c r s s Rep esent ve � BY: BY: •_ �....�. Civi1 Service Commission � BY: BY: r� !t+�( �/' GC�✓z� BY: BY: � - 30 - • O o0 �O N O O O C► � t� 00 OD O �O o0 CO t� . ul N vl t'7 1� �1' 00 �O O N 1!1 Vl 1f'1 �A vl ul �A �O y.� � 00 00 O �C o0 0� 1� D+ • • . 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