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00-942ORIGINAL RESOLUTION OF SAINT PAUL, MINNESOTA Presented Referred To � Council File # oo - q� 9- Green Sheet # 10363_ Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and rarifies the attached 2 2000 - 2002 Collective Bargaining Agreement between the City of Saint Paul and AFSCME Local 3757-Legal. Requested by Depariment of: Adopted by Council: Date _� _�� o Adoption Certified by Council Secretary BY� �� — _�� — Approved by Mayo ' Date (y/',/ �� G�C/ By: ---------1� � Office of Labor Relations B Form Appr�ved by City ttomey sy: �--J ��`� C� t�, i s 1 d� Approved by M�or for Submission BY� i' X `�/�i ,. DEPARTA�NT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET No.• 10363 vO _��} ' •LABOR RELA September 28,2000 " . CONTACI' PERSON & PHONE: � p1'E - 7ry1Tiq1,/pq7yr JLTLIE KRAUS 266-6513 ASSIGN I DEPAffi'MENl' DIR 4 CCfYCOUNCQ. NUMBFdt 2CR'YATi'ORNEY � CIfYCLERK MUST BE ON CO[RYCII. AGENDA BY (DATE) FOR BUD('fiT DIIL FIN. & MGT. SERVICE DIIL October i l � 2�� O�ER r' 3 MAYOR (OR ASST.) � TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) �criorr te�Qi�sren: This resolution approves the attached 2000 - 2002 Collective Bazgaining Agreement between the City of Saint Paul and AFSCME Loca13757-Legal. � RECOMIv�NDA1TONS: P.pprove (A) or Reject (R) PERSONAL SERVICE CON112ACfS MUST ANSWER 1'fIE FOLLOWING QUESTIONS: PLANMNG COIvIIvIISSION _CIVIL SERVICE COMMISSION I. Has this person/Srm ever worked under a wntrzct for this department? CIB COMMITI'EE Yes No • STAfF 2. Haz this person/fim� ever been a city employee? _DISTRICT COURT Yes No SUPPORTS WFIICH CO[JNCIL OBIECTIVE? 3. Does this person/finn possess a skill not normally possessed by any cmrent city employee? Yes No Explain aIl yes answers on separa[e sheet and attach to green sheet INTTIATING PROBLEM, ISSUE, OPPORTI7NI'I'1 (Who, What, When, Where, Why): Coilective Bargaining Agreement expired December 31, 1999. ADVANTAGESIFAPPROVED: Collective Bazgaining Agreement effective through December 31, 2002. Implementaiton of new ciassification and merit pay system to improve recruitment and retention. DISADVANTAGES IF APPROVED� - None. . ° DISADVANTAGES IF NOT APPROVED: � ',r ^-, Further delays and disputes. Potential loss of stafF. TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTNII'Y NUMBER: FINANCIAL INFORMATION: (EXPLAIN) � RSB.��?(i�'e t�E-`,(4SCY f, � - � kj 00 - q�{ s- ATTACHMENT TO THE GREEN SHEET COLLECTIVE BARGAINING AGREEMENT WITH AFSCME LOCAL 3757- LEGAL Below is a suuimary of the changes in the Collecfive Bazgaiiiing Agreement between the City of Saint Paul and AFSCME 3757 - Legal. Durafion• January 1, 2000 through December 31, 2002. (3 year contract) Imnlementation of new ciassification system: Agreement was reached to place employees in the new classifications/salary ranges established by the Classification Study completed by Human Resources in February 2000. This classification system condenses the current eight classes to three classes (Associate Attorney, Attorney, Senior Attorney). As part of this agreement, each employee's salary rate will be raised (if necessary) to the minimum of their new salary range. Additional equity adjustments were also agreed to. Most of the new pay rates will be effective 2/26/00. Wages! across-the-board increases: Jan. 1, 2000: The increase for 2000 was used to fund the implementation of the class study. Jan. 1, 2001: 2.75 % increase Jan. 1, 2002: 3.2 % increase Enhanced merit �av system: Beginning with the performance reviews that will be completed in July 2001, employees will be eligible to receive merit pay wage increases tied to the employee's rating on his/her annual performance review. Employees rated as having outstanding perforxnance will receive an increase of 4% of the midpoint of their salary range. Employees rated as having satisfactory performance will receive an increase of 2.5% of the midpoint of their salary range. There will be no merit increase for employees rated as less than satisfactory. The existing merit pay system was not as closely tied to the employee's performance rating and was not funded at a level that guaranteed the payments described above. Insurance• The insurance contribution increases follow the same pattern as previously negotiated agreements with other bargaining units. 2000 Single: Family: 2001 Single: Family: $289.83 $312.47 plus increase in single premium/month =$330.84 $289.83 $330.84 plus the increase in single insurance up to $40.00. If the increase is more than $40.00, the City will pay 50% of the excess over $40.00. 00 _�y�- aaoz Single: $289.83 Family: The 2001 faxnily conlribution plus 60% of the family premium increase for 2002 up to $60.00. If the increase exceeds $100 the City will pay 40% of the excess increase. Career opnortunity language: Language added to provide employees with more cleaz opportunities to express interest in vacancies and to file petitions for reclassification evaluations. Language also added regazding salary administration for h�ansfers and promotions. Milea�e• Effective with mileage reimbursement paid in year 2001, this unit will no longer use the per diem/20 cents/mile system and will instead be reimbursed at the current federal IRS mileage reimbursement rate. This change will greatly ease the administration of ttus program, sauing costs and effort by payroll staff. Flexible Spending Account: Employees will no longer be charged for participating in this program. Other laneuag_e changes: Other language changes (including rewrites of severance pay, maternity/paternity leave, leave of absence, sick leave, insurance and seniority articles) are of a housekeeping nature for clarification and clean up. r : �� . � � � � - � � ' . 2000=�002 ` � � � - _ � � . � °COL�.ECTIVE�BARGf1INING AGR�E�Ni�l�iT � � _ � .. . �� _ bet�ve�e�= _ ; f �c�� eT�� o�. s��r p�ui ~ and,- _ �sc�� Loe� �xs�-L�G�. , ,_ _ � - __ - _ � cb-q�a � INDEX ARTICLE TITLE PAGE Preamble ................................................. ii 1 Recognition ................................................1 2 Severance Pay ..............................................1 3 Management Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Assignment of VJorklFilling of Vacancies . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Residence ..................................................6 6 Check Off ..................................................7 7 Discipline ................................................. 7 8 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Grievance Procedure ........................................ 8 10 Wages/MeritPay ...........................................10 I1 Saving Clause ..............................................12 � 12 Insurance .................................................13 13 Vacation ..................................................17 14 Holidays ..................................................18 I S Leaves of Absence (including Maternity/Paternity Leave) . . . . . . . . . . . 18 16 Non-Discrimination .........................................20 17 LegalServices .............................................21 18 Seniority ..................................................21 19 City Mileage ...............................................22 20 Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Appendix A - Salary Ranges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Al Appendix B - Compensatory Tnne . . . . . . . . . . . . . . . . . . . . . . . . . . . . B1 Appendix C - Merit Pay System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CI Appendix D - Placement Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . D 1 • i 00-9 ya r PREAMSLE This Agreement entered into between the City of Saint Paul, hereinafter refened to as either the "Employer" or the "City," and the A.F.S.C.M.E. Loca13757-Legal hereinafter referred to as the Union, for the purpose of fostering and promoting harmonious relations between the City and the Union in order that a high level of public service can be provided to the citizens of the City. This Agreement attempts to accomplish this purpose by providing a fuller and more � complete understanding on the part of both the City and the ilnion of their respective rights and responsibilities. The provisions of this Agreement sha11 not abrogate the rights and/or duties of the Employer, the Union, or the employees as established under the provisions of the Public Empioyee Labor Relations Act of 1984, as amended. � ii ARTICLE 1- RECOGIVITION � I.1 The City recognizes the Union as the exclusive representative for AFSCME Local 3757-Legal, as certified by the State of Minnesota Bureau of Mediation Services, dated July 29, 1998, Case No. 77 PCL-48. 'i'fiis unit above consists of attomeys employed in the City who serve in the following job classifications: Associate Attorney Attomey Senior Attorney 1.2 Employees employed in the above class titles and assigned to wnfidential and/or supervisory positions are not included in ttus Agreement. 13 It is recognized that temporary employees aze within the unit covered by this Agreement if they work for more than 67 days per calendar year or aze anticipated upon hire to be employed greater than 67 days, and meet the hours requirements of Minnesota Statutes 179A.03, subd. l4. A temporary employee, for purposes of this contract, is a person employed to fill a position of a specific limited duration, not to exceed one yeaz. Temporary employees shall not be eligible for vacation accrual, holiday pay, sick leave accrual, health or other insurance premium contributions by the Employer, except as are specificaily provided for elsewhere in tlus Agreement. � ARTICLE 2 - SEVERANCE PAY 2.1 General. The Employer shall provide three (3) severance pay plans as set forth in this Article. The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. Severance pay program(s) shall be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this article shall control. 2.2 Eligibility. Any employee krired on or before December 31, 1983 may, upon meeting the qualifications of this article or City Ordinance No. 11490, as aznended by City Ordinance No. 16303, section 1, section 6, draw severance pay under the terms of any of the three severance plans described in this article. Any employee hired after December 31,1983, but on or before October 29, 1988 is eligible to participate only in Plan 2 or Plan 3 as set forth in this article. Any employee hired after October 29, 1988 is eligible to participate only in Pian 3 as set forth in this article. The election by the employee to draw severance pay under one of the plans for which slhe is eligible shall be made at the time of sepazation from service_ Such election shall be irrevocable and the election of one of the plans shall baz the employee from eligibility to receive benefits under any of the other severance plans. lJ ARTICLE 2 - SEVERANCE PAY (Continued) 23 Plan 1. Plan 1 is the severance pay plan described in Ordinance No. 11490, as amended � by Ordinance No. 16303. 2.4 Plan 2. In addition to the eligibility requirements set forth above, an employee must meet the foliowing requirements to receive a beneft under Plaa 2: 2.4(1) The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions of the Public Employees Retirement Association (PERA). The "rule of 85" or the "rule of 90" criteria shall also apply to employees covered by a public pension glan other than PERA. 2.4(2) The employee must be voluntarily separated from City employment or have been sabject to separation by layoffor compulsory retirement. Those employees who aze discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. For the purpose of this severance program, a death of an employee shall be considered as separation of employmern, and if the employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay will be made to the employee's estate or spouse. � For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eIigible for tfie City severance program. 2.4(3) The employee must have at least ten (10) years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this Article, employment in either the City or in the Independent School District No. 62S may be vsed in meeting this ten (10) year service requirement. 2.4(4) The employee must file a waiver of reemployment with the D'uector of Human Resources, which will cleazly indicate that by requesting severance pay, the employae waives all cIaims to reinstatement or reemployment (of any type), with the City or with Independent Schoot Distzict No. 625. 2.4(5) T'he employee must have accumutated a minimum of sixty (60) days of sick leave credits at the time of lus separation from service. C � J 2 oo- �t `�'�. ARTICLE 2 - SEVERANCE PAY (Continued) 2.4(6) If an employee requests severance pay and if the employee meets the � eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the amployee on the date of separation for each day of accrued sick leave subject to a max;T„um of $6,500. 2.5 Plan 3: In addition to the eligibility requirements set forth above, an employee must meet the following requirements to receive a benefit under Plan 3: 2.5(1) The employee must be voluntarily separated &om City employment or have been subject to separation by layoff or compulsory retirement Those employees who aze discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. For the purgose of ttris severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay shall be made to the employee's estate or spouse. For the ptupose of this severance program, a transfer from the City of � Saint Paul employment to Independent School District No. 625 employment is not cansidered a sepazation of employment, and such transferee shai] not be eligible for the City severance program. 2.5(2) The employee must file a waiver of reemployment with the Human Resources Director, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 2.5(3) The employee must have an accumulaied balance of at least eighty (80) days of sick leave credits at the time of his separation from service. 2.5(4) If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she wiil be grauted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subj ect to a maximutn as shown below based on the number of years of service in the City: . 3 ARTICLE 2 - SEVERANCE PAY (Continued) Yeazs of Service with the City At Least 20 21 22 23 24 25 Maximum Severance Pay $5,000 $6,000 $7,000 $8,000 $9,000 $10,000 � ARTICLE 3 - MANAGEMENT RIGHTS 3.1 The iJnion recognizes the right of tfie Employer to operate and manage its affairs in all respects in accordance with applicabte laws and regulations of appropriate authorities. The rights and authority which the Employer has not officially abridged, delegaYed, or modified by this Agreement are retained by the Employer. 3.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, wlrich include, but are not limited to, such areas of discretion or policy as the functions and programs ofthe Employer, its overail budget, utilization of technology, and orgaui7ational structure and selection and d'uection and number of personnel. 3.3 Employees may request in writing that the City Attomey consider a job-sharing anangement. The City Attomey shall be free to deny or approve such proposed arrangements at Ius/her sole discretion. If approved, both job-sfiazing employees must agree to the arrangement for its unplementation. If so appmved and agreed to, vacation, holiday, and sick leave beaefits for the position shall be prorated based upon the hours each employee is assigned, but in no case may any employee work less than 50 percent rime. Health inswance benefits shall be administered in accordance with Article 12. In the event that one of the employees is terminated or terminates employment, the Employer may with 10 calendar days notice, increase the remaining empIoyee's work hours. Sflould tiie City Attorney determine that the arrangement does not meet work needs of the office, he/she may return both employees to full-tune with 30 calendaz days notice. No aspect of these artangements, including the approval or denial, is subject to either the grievance or azbitration procedure. � � 4 00 -95�a. • ARTICLE 4- ASSIGNMENT OF WORK/ FILLING OF VACANCIES _ 4.1 The City Attorney retains the inherent managerial right to assign work and fiil vacancies. . These management decisions aze not subject to grievance or arbitration. 4.2 Classifzcation Specifzcations. Each position represented by this bazgaining unit shall be assigned to one of three job classes (Associate Attomey, Attomey, Senior Attorney) as defined by the advisory class specifications which shall include such information as the description of the duties normally associated with the classification, the competencies normally demonstrated by the incumbents, and the m;nimum quaiifications for the classification. These classification specifications aze subject to modification by the City Attomey at hislher discretion and aze not grievabie/arbitrable. 43 Yacancy. A vacancy exists when a new position is created, or when an incumbent uansfers or permanenUy sepazates from a position that is represented by this bazgaining unit. The City Attomey maintains the right to deternvne when a vacancy exists, the classification of the vacancy, and retains the right to fill the vacancy, reassign the duties of the vacancy among other positions or eliminate the duties of the vacancy. 4.4 Notification. The City Attomey or his(her designee, agrees to grovide a general notification to current employees by e-mail or other suitable means of a vacancy which the City Attorney intends to fill and to permit employees to express interest in the vacancy. Such notification shall include: a description of the duties assigned to the vacant position, the classification of the position, the timelines for eacpressing interest in � the position, the selection process and, to the extent not included in the class specification, the m;n;mum and preferted qualifications for the position. 4.5 Expression of interest Employees expressing an interest in a vacancy will be given consideration for the position, and will be provided an interview if they meet the minimum qualifications listed for the vacant position. 'The final decision on whether an employee meets minimum qualifications or is appointed to a vacancy is the City Attomey's and may not be grieved or arbivated. 4.6 Unsuccessful candidates. An employee who is not granted an interview, or who is granted an interview for a vacancy but not selected shall, upon request, be granted a foliow-up meeting to discuss the reasons for non-selection. 4.7 Probation. An internal candidate who is selected to fill a vacancy in a higher classification shall serve a probationary period of twelve months in the new job class. If the employee successfully completes the probationary period, sliie shall be classified into the higher class. If slhe does not successfully complete probation, slhe may retum to his/t�er prior job classification. 4.8 Reclassification. Nothing in this sec6on 4.8 should be construed to limit the City Attomey's discrerion to reclassify positions at any time. • ARTICLE 4- ASSIGNMENT OF WORK/ FILLING OF VACANCIES (Continued) 4.8.1. Guideline. An employee is presumed to be working wiYhin the correct � classification if the employee's m;n+Tr,um qoatificaflons, level of expertise, and at least fiRy percent (50%) of his/her regulazly assigned duties aze those normally associated with his/herjob class. 4.8.2. Petition for reclass�cation evaluation. The Union may file a petition for reevaluation of the job class of an empIoyee wfio befieves in good faith that the employee's level of expertise and mare than fi€ry percent (50%) of his/her regularly assigned duties are those commonty attributed to a higher classification and that s/he meets the m;n;miun qualifications for the higher classification. Such a petition may not be filed within one yeaz of a prior petition and must be submitted to the Office of Human Resources, with a copy to the City Attomey. 4.8.3 Evaluation by Human Resources Of,�'ice. Once a petition for reevaluation has been filed, the Office of Human Resources shall conduct an evaluation of the position and issue a written recommendation as to whether recIassification is appropriate. Whenever possibte, the Human Reso�ces Office shatt attempt to complete the evaluation within 90 days of receipt of a petition. 4.8.4 Implementation by CityAttorney s Office. Prior to 1/1/02, the recommendation of the Human Resources Office as to the allocation of a position shall be advisory to the City Attorney and shall not be binding on the City Attorney. Effective 1/1/02, � if the Human Resource Office recommendation is to reclassify the position upwazd, the City Attomey must either reclassify the position or eliminate from the position tfiose duties that are not consistent witIi the employee's existing classification. The City Attomey's cfioice between reclass�cation or elimination of duties shall not be grievabte/arbitrabte. If the decisioa to reclassify the position leads to a pay increase for the employee, such pay iacrease shall beeome effective the beginning of the first pay period following the written recommendation by the Office of Human Resources. ARTICLE 5 - RESIDENCE 5.1 Employees covered by this Agreement shall have no residency requirements or restrictions. � � � cx�- 4 Y�, C , J ARTICLE 6 - CHECK OFF 6.1 The Employer agrees to deduct the Union membership uutiation 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 deduetions aze made ot as soon thereafter as is gossible. 6.2 Any present or future employee who is not an Union member shall be required to contribute a fair share fee for services rendered by the Union. Upon notification by the Union, the Employer shall check off said fee from the eamings of the employee and transmit the same to the Union. In no instance shall ffie required contribution exceed a pro rata shaze of the specific eacpenses incurred for services rendered by the representative in relarionship to negotiations and administration of grievance procedures. It is also understood that in the event the City shall make an improper fair shaze deducfion from the eamuigs of an employee, the Union shall be obligated to make the City whole to the extent that the City shall be required to reimburse such employee for any amount improperly withheld. Tlus provision shall remain operative only so long as specifically provided by Minnesota law, and as otherwise legal. 6.3 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, order 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. ARTICLE 7 - DISCIPLINE 7.1 The Employer may discipline employees in any of the forms listed below: 7.1(1) Oral reprimand; 7.1(2) Writtenreprimand; 7.1(3) Suspension; 7.1(4) Demotion; 7.1(5) Discharge The Employer will discipline for just cause only. � 7.2 Discharges will be preceded by a five (5) working day preliminary suspension without pay. During said period the employee and/or Union may request, and shall be entifled to a meeting with the Employer representative who initiated the suspension with intent to dischazge. During the five (5) day period, the Employer may affirm the suspension and dischazge in accordance with Civil Service Rules or may modify, or withdraw same. 7 A.RTICLE 8- STRIKES, LOCKOUTS, WORK INTERFERENCE 8.1 T'he Union and the Employer agree that there shall be no strikes, work stoppages, slow-downs, sitdown, stay-in, or other concerted interference with the Employer's � business or affairs by said Uaion and/or menebers thereof, and there shall be no bannering during the eafistence of tlris Agreement without first using all possible means of p�aceful settlement of any controversy wYuch may atise. Employees engaging in same shall be liable for disciplinary action. 8.2 No lockout, or refusal to allow employees to perform available work, shall be instituted by the Employer and/or its appointing authorities during the life of this Agreement. ARTICLE 9 - GRIEVANCE PROCEDURE 9.1 A grievance is defined as a dispute or disagreement as to the interpretation or appiication of the specific tetms and conditions of this Agreement The procedure established by this ArticIe shatl be the soIe and exclusive pmcedure for the processing of grievances. However, this Article does not abridge grievance rights possessed by eligible veterans under applicable veterans' rights statutes. 9.2 The Employer will recognize representatives designaied by the Union as the grievance represenratives of the bargaining unit having the duties and responsibi�ities established by this Article. The Union shall notify the Employer in writing of the names of such Union Representatives and of their successors when designated. The Employer shall notify the Union in writing to its designated representatives. � 93 It is recognized and accepted by the TJnion and the Employer 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 normal working hours when consistent with such employee duties and responsibiIities. The aggrieved employee and an Union Representative shall be atiowed a reasonable amount of time without Ioss of pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and Union Representative have notified and received the approval of desigaated supervisor and provided that such absence is reasonable and would not be detrimental to the work programs of the Employer. It is understood that the Employer shall not use the above limitation to hawper the processing of grievances. 9.4 Grievances, as defined by Section 9.1, shall be resolved in wnformance with the following procedure: Step 1. An empIoyee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (2I ) catendar days after such alleged viotation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer-designate@ representative will discuss and give an ans�ver to such Step 1 grievance within ten {10) calendar days after receipt. A � grievance not resolved in Step i and appealed to Step 2 shatl be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the 8 ARTICLE 9- GRIEVANCE PROCEDURE (Continued) �_ y � remedy requested, and shall be appealed to Step 2 by the Union within _ fifteen (I S) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by � the L3nion within fifteen (15) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Union Employer's Step 2 answer in writing within ten (10) calendar days following the Employer-designated representative's fmal Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. � Step 4. A grievance unresolved in 5tep 3 and appealed to Step 4 by the Union shali be submitted to azbitration subject to the provisions of the Public Employtnent Labor Relations Act of 1971, as amended. 1'he arbitration proceedings shall be conducted by an azbitrator to be selected from a permanent panel of five (5) azbitrators. Arbitrators shall be selected by lot within twenty (20) work days after notice has been given. In the event the Employer and the Union cannot mutually agree to five (5) azbitrators for the permanent panei, the parties will petition the Director of the Bureau of Mediation Services for a list of ten (10) azbitrators for each panei member for which the parties didh list(s), the Employer striking first, until one (1) name remains. Vacancies occurring on the permanent panel during the life of this Agreement shall be filled by mutual agreement of the parties. If the pazties cannot mutually agree, the vacancy shall be filled by the process noted in the preceding pazagraph. Step 5. The arbivator shall have no right to amend, modify, nullify, ignore the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in � anyway the application of laws, rules, or regulations having the force and effect of law. The azbitrator's decision shall be submitted in writing, copies to both parties and the Bureau of Mediation Services within thirty G] ARTICLE 9 - GRIEVANCE PROCEDURE (Continued) (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an eactension. ` The decision shatl be binding on both the Emptoyer and the Union and � shall be based solely on the azbitrator's interpretation or application of the express terms of this Ageement and to the facts of the grievance presented. 9S The fees and expenses for the azbitrator's services and proceedings shall be bome eqval�y 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 ii pays for the rewrd. If both parties desire a verbatim record of the proceedings the cost shall be shared equaily. 9.6 If a grievance is not presented within the time limits set forth above, it shali be considered "waived". If a grievance is not appealed to the next step witbin the specified time limit or any agreed eactension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the LJNION may elect to �eat the grievance to the next step. The time limit in each step may be eatended by mutual written agreement of the Employer and the Union in each step. ARTICLE 10 - WAGES/MERIT PAY 10.1 Implementation of classification study, 2/26/00. Bazgaining unit members employed by the City Attorney's Office as of the final date of signing of this labor agreement shall be allocated to the classification and corresponding salary range indicated in the February 18, 2000 Final Allocation report (and/or final reconsideration report) issued by the Office of Human Resources. Employees shali convert to their new classification/salary range, effective February 26, 2000. For the merit raises that would normally be due for the July 1999 - June 2000 performance period, the City Attorney agrees to suspend his discretion to awazd merit pay and to utilize the eatire amount to help fund the implementation of the classification study. 10.2 Internal equity adjustments mrd/or general zncreases for non-impacted employees, 1/I/00 and, 2/26/00. In conjunction with 10.1 above, general increases and/or equity adjustments/placements agreed to by the pazties at negotiations wiIl be paid retroactive to either 1/1/00 or 2/26/00 for time worked or paid up to the date of execution, based on the placement chart agreed to by the pazties and actached hereto as Appendi�c D. These additional increases/adjustments/placements sfiall be added to individual employee saiaries and shall not change the satary ranges established under 10.1 above. � � 10 ARTICLE 10 - WAGES/MERIT PAY (Continued) Internal equity adjustments, 1/1/01. The final three equity adjustments agreed to by the - parties shall be made, effective 1/1/01 (or closest pay period) based on the placement � chart agreed to by the parties as shown on Appendix D. Such adjw`'hments shall be made prior to the calculation ofthe 1/1/01 general wage adjustment. 103 General wage adjusrnzent, 1/1/01. Effective January 1, 2001 (or closest pay period) all salary rates applicable to individuals in this bazgaining unit (as well as the m;nimum, midpoint and masimum rates for each salary range) shall be increased 2.75%. 10.4 Merit-based increases, 7/1/2001, 7/1/2002. Beginning with the 7/2000-6/2001 performance evaluations, the City Attomey shall determine wluch members of this hargaining unit shall be entifled to merit pay each perfotmance evaluation year (July- June). This determination shall be based on the emgloyee's performance rating for the entirety of the previous year. (The City Attomey retains the right to detemvne how and when to administer merit-based increases for employees who have not been employed in the City Attorney's Office for the entirety of the evaluation period). Such merit pay raises shall be effective on the first full pay period following July 1 st of each year, and shall be for the amounts listed below, based on the "mid point" for each classification as defined and listed in Appendix A: Performance rating 4. Level � 3. Level 2. Level 1. Level 4.0% of midpoint added to base 2.5% of midpoint added to base 0 0% All merit increases will be calculated as a percentage of the midpoint of the salary range assigned to the employee's class tiUe. An employee's base salary shall not be increased above the salary range maximum for his/her title. If the merit increase awazded would result in an increase above the salary range maximum, the employee's base salary will be adjusted to the range maximum and the balance of the increase will be paid to the employee in a lump sum. If employee is at the salary range maximum, the entire merit based increase will be paid to the employee in a lump sum. The City Attomey shall make a reasonable good faith effort to have performance evaluations completed by July t of each applicable yeaz. If for some reason, the evaluations aze not complete, merit increases shall apply retroactively to the first full pay period after 7uly 1 st of that year. The substantive judgement of the emgloyee's supervisor regarding the employee's performance shall not be subject to the grievance procedure of this agreemant nor shall it be sub,}ect to azbitration. � 11 ARTICLE 10 - WAGES/MERIT PAY (Continued) 10.5 City Attorney adjustments. The City Attorney reserves the right to increase salaries during the mid-term of the Agreement for intemal promotion, equity treatrnent, � assumption of increased responsibility or authority, employee retention or other business-relaYed reasons. The decision of Yhe City Attoaaey, both as to the amouni of such merit raise and as to the method by which it shall be given, shalt be at the sole discretion of the City Attorney aad shalt not be subject to the grievance procedtue of dus ageement, nor shall it be subject w azbitration. 10.6 General wage adjustment, 1/1/02. Effective January 1, 2002 (or closest pay period) all salary rates applicable to individuals in this bazgaining unit (as weil as the minimum, midpoint and maximum rates for each salary range) shall be increased 3.2% percent. 10.7 Salary upon class change - reallocation or promotion to a higher class. Upon reallocarion or promotion to a higher class, an employee shall normally receive a salary increase of at least 4% or shall be moved to the bottom of the new salary range (whichever is greater). A higher salary increase may be granted at the discretion of the City Attomey aad skall not be subject to the grievancelarbittation procedure of this agreement. 10.8 Salary upon position change within the same class�cation. An empIoyee's salary zate sha11 not be changed upon transfer from one position within a classification to another position within the same classification, except as deemed necessary by the City Attomey under 10.5 above. '_ 0.9 Salary upon cicrss change to a lower titZe. An employee wbo is demoted/laid � off/reallocated to a lower class for any reason other ihan demotion for cause shall retain his/her current rate of pay un]ess that rate is higher than the range maximum for tlze new classification. In that case, the employee's pay rate shall norma�ly be adjusted to the maxiruum for the new lower classi&cation. Exceptions to this generai rule (i.e., to atlow the pay rate to remain above the maximum) shati be made at the discretion of the City Attorney. ARTICLE 11- SAVING CLAUSE 111 This Agreement is subject to the laws of the United States, the State of Ivlinnesota. In the event any provisions of this Agreement shall be held to be contrazy to law by a court of competent jurisdiction froirt whose final judgment or decree no appeat has been taken within the time provided, such provisions shall be voided. All other provisions shall continue in fuil force and effect. The voided provision may be renegotiated at the written request of either party. AIl other provisions of this Agreement shail continue in fuIl force and effect. � 12 �-�y� ARTICLE 12 - INSURANCE , Retiree Insurance 12.1 Employees who retire must meet the following conditions at the time of retirement in order to be eligible for the Employer contributions, listed in Sections 12.2 throug� 12.5 below, toward a health inc,�rance plan affered by the Employer: 12.1(1) Be receiving benefits from a public employee retirement act at the time of retirement, and 121(2)Have severed his/her relationship with the City of Saint Paul for reasons other than misconduct, and 12.1(3)Have completed at least 20 years with the City of Saint Paul. Early Retirees 12.2 This Section shall apply to full time employees who: 12.2(1)Retire on or after January 1, 1996, and 12.2(2) Were appointed on or before December 31, 1995, and 12.2(3)Have not attained age 65 at retirement, and 12.2(4)Meet the terms set forth in Section 12.1 above, and � 12.2(5) Select a health insurance plan offered by the Employer Until such employees reach sixty-five (b5) yeazs of age, the Employer agrees to contribute a maximum of $350 per month towazd the cost of single or family health insurance covarage. Any unused portion of the Employer's contribution shall not be paid to the retiree. When such early retiree attains age 65, the provisions of Section 12.4 will apply. 12.3 This Section shall apply to full time employees who: 12.3(1)Retire on or after January 1, 1996, and 123(2) Were appointed on or after January 1,1996, and 123(3)Have not attained age 65 at retirement, and 12.3(4)Meet the conditions of Section 12.1 above, and 723(5) Select a heatth insurance plan offered by the Employer. Until such retirees reach sixty-five (65) years of age, the Employer agrees to contribute a maximum of $300.00 per month towazd the cost of single or family health insurance coverage. Any unused portion shall not be paid to the retiree. When such eazly retiree attains age 65, the provisions of Section 12.5 shall apply. C� 13 ARTICLE 12 - INSURANCE (Continued) Regular Retirees {Age 65 and over) 12.4 This Section shall apply to futl time employees who: 12.4(1)Retire on or after January 1,1996, and 12.4(2) Were appointed on or before December 31,1995, and 12.4(3)Have attained age 65 at retirement, and 12.4(4)Meet the terms set forth in Section 12.1 above, and 12.4(5) SeIect a health insurance plan offered by the Employer The Employer agrees to contribuYe a maximum of $550.00 per month toward the premium for single or family heaith insvrance coverage offered by the Employer to regular retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Section shall also apply to early retirees who retired under the provisions of Section 12.2 when such retirees attain age 65. 12.5 This Section shall apply to full time employees who: 12.5(1)Retire on or after January 1, 1996, and 12 5{?,; Were appointed on or after 3anuary 1,1996, and 1L.�(3)Have attained age 65 at retirement, and 12.5(4)Meet the conditions of Section 12.1 above, and 12.5(5) Select a health in�,�rance plan offered by the Employer. The Employer agrees to contribute a maximum of $3D0.00 per month toward the cost of single or family health insurance coverage offered Yo regulaz retirees and their dependents. Any auused portion shall not be paid to the retiree. This SecYion shall also apply to early retirees who retired under the provisions of Section 123 when such eazly retirees attain age 65. 12.6 If an employee does not meet the conditions of Section 12.1(3), helshe may purchase single or family health insurance coverage through the Employer's in��rce grogram. The totat cost of such insurance coverage shatl be paid by the retiree. Any employee who is receiving a PERA disabiiity benefit, or who is efigible for or receiving a retirement annuity from a Minnesota public pension plan, may continue to participate indefinitely in the City's group medicat insurance ptan at fiis/her own e�ense. � � n, �I 14 c�o- 9y�. ARTICLE 12 - INSURANCE (Continued) � 12.7 A retiree may not carry his/her spouse as a dependent if such spouse is also a City retiree or City employee and eligible for and is enrolled in the City health insurance program. 12.8 A retiree's participation in the City's health �r�*�nce plan must be continuous. Tf�e retiree must be participating in a City health insurance plan at the tune of retirement. If a retiree chooses not to participate at the time of hislher retirement or if a retiree discontinues his/her participation at a later date, such retiree will not be eligible for any future participation or for any Employer con�ibution. Survivor Insurance 12.9 The surviving spouse of an employee cazrying faznily coverage at the time of hislher death due to a j ob connected injury or illness which was determined to have arisen out of and in the course of hisfher employment under worker's compensation law sha11 continue to be eligible for city contribution in the same proportions as is provided for retired employees. In the event of the death of an eazly retiree or a regulaz retiree, the dependents of the retiree shall have the option, within thirry (30) days, to continue the current hospitalization and medical benefits which said dependents previously had, at the � premium and Employer contribution accorded to the eligible deceased retiree. It is further understood that coverage shall cease in the event of: 12.4(1) Suhsequent remarriage ofthe surviving spouse of the deceased employee or retiree. 12.9(2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Bmployer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. Active Employee Insurance 12.10 For full-time employees who select single health insurance coverage, the Employer agrees to contribute $289.83 per month. For three-quarter time employees who select single health insurance coverage, the Employer's contribution shall be $21737 per month. For half-time employees who select single health insurance coverage, the Employer's contribution shall be$144.92 per month. For full-tune employees who select fanuly heaith insurance coverage, effecrive for the . January, 2000 insurance premiums, the Empioyer agrees to contribute $312.47 per month plus an amount equal to the increase in the single premium per monffi. (Yeaz 2000 single premium increase is $18.37 for a total full time family gremium of $330.84 per month). 15 ARTICLE 12 - INSURANCE (Continued) For futl-time employees who setect famiiy heatth insurance coverage, effective for the January, 2001 in.c�ra„ce premiums, the Employer agrees to increase its prior year's contribution by an amouat equal to the increase in the single premium, up to $40.00 doliars per month. If the increase in the single premium exceeds $40.00 per month, the employer agrees to further inerease the contribution by 50% of the excess increase. For full-time employees who select family health insurance coverage, effective for the January, 2002 insurance premiums, the Employer agrees to increase its prior yeaz's contribution by an amount equal to 60% of the increase in the family premium up to $60.00 per month. If the increase in the family prearium exceeds $100.00 per month, the employer agrees to further increase the contribution by 40% of the excess increase. For three-quarter time empIoyees who seIect family heahh insurance coverage, the . Employer agrees to contribute 75% of the contribution provided to futl-time employees per month. For half-time employees who seiect family heaith insurance coverage, ttie Emp2oyer agrees to contribute 50% of the contdbution gmvided to fu11-time employees per month. ❑ If the number of health plans iacreases, the contribution increases will be based on the plan that is most similaz to the plan available during the prior yeaz. Employees shal? not use pre-t� Employer contribution in�+�*ance dollazs for the purchase � of long term or short term disability coverage. Part-time empioyees who are permanently appointed to a fuli-time (80 hours per biweekly period) posirion after the commencement o£the plan yeaz, shall be made eligible for the full-time benefits after they have completed at least forty hours in a monthly qualifying pay period as a full-time empIoyee. FuII-fime empIoyees who are permanently appointed to a patc-time (less tfian 80 hours per biweekly period) position after tiie commencement of the plan yeaz shalt be reduced to the benefit level applicable for the hours scheduted by the department. Such reduction shail take effect on tlte first month the employee does not complete a monthly qualifying pay period as a full- time employee. 12.11 For the purpose of this Article, full-time empioyment is defined as appearing on the payroll an average of at least 32 hours per week for the twelve (12) month period preceding the annual open enmllment or special enrollments or the six (6) month period preceding initiat enrollment Three-quarter time employment is defined as appearing oa the payroll an average of at least 26 hours per week but less than 32 hours per week for the twelve (12) month period preceding the annual open enrollment or speciat enrolIments or the six (6} month period preceding initiai enrollment. • 16 cxr-9 y � � ARTICLE 12 - INSURANCE (Continued) Half-rime employment is defined as appearing on the payroll an average of at least 20 hours per week but less than 26 hours per week for the twelve (12) month period preceding the annuai open enrollment or special enrollments of the six (6) month period preceding initial enrollment. 12.12 Under the "Cafeteria Plan" all eligible employees regazdless of the number of average hours worked must select at least single coverage hospital-medical in�,�ra.,ce and employee life insurance in an amount $5000. Any unused portion of the Employer's contriburion, for which an employee is eligible, is defined as unused benefit dollazs, not salary, and shall be paid to the employee as taxable income. Such payment will be made by January 15`� of the following year. For employees who terminate their employment with the City of Saint Paul, such payment shall be made within 90 days following ternunation. 12.13 The contributions indicated in this Article 12 shali be paid to a third party administrator and shall not be considered salary. ►J . ARTICLE 13 - VACATION 13.1 Vacation credits shall accumulate at the rates shown below for each full hour on the payroll, exclu�.ing overtime. Yeazs of Service 1 st yeaz thru 8th yeaz 9th yeaz thru 15th yeaz 16th year and thereafter Hours of Vacation .0577 (15 days) .0770 (20 days) .0962 (25 days) 13.2 The head of the department may permit an employee to carry over into the'bacation year" up to one hundred twenty (120) hours of vacation. For the purpose of this article the "vacation year" shall be the fiscal yeaz (IRS payroll reporting yeaz). 133 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Sub. H. 13.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty days, the employee may convert any part of such excess of sick leave at the rate of ane-half day's vacation for each day of sick leave credit. No empioyee may convert more than ten (10) days of sick leave in each calendar year under this provision. f(II ARTICLE 14 - HOLIDAYS 14.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays. New Year's Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Day After Thanksgiving Chrisimas Day Two floating bolidays Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. Whettever 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 shail be observed as the holiday. 14.2 The floating holidays set forth in Section 14.1 above may be taken at anytime during the contract yeaz, subject to the approval of the Deparlment Head of any employee. 14.3 Eligibility Requirements. In order to be eligible for a holiday with pay, an employee's name must appear on the payroIl on any six working days of the nine working days preceding fhe holiday; or an employee's name must appeaz on the payroll the Iast working day before tiie holiday and on thr�e other working days of the nine working days preceding the holiday. In neither case shali the hoIiday be counted as a working day for the purposes of this section. It is further understood that neither temporary, emergency nor other emptoyees not heretofore eligible shall receive holiday pay. 14.4 Notwititsianding 14.3, a temporary employee shall be eligible for holiday pay after such employee has been employed as a temporary employee for sixty-seven (67) consecutive work days. 23o Yemporary employee shall be eligible for any floatiag hoIidays. ARTICLE 15 - LEAVES OF ABSENCE 15.1 Each eligible employee shall accumulate sick leave credits at the rate of .0576 of a working bour for each full hour on the payroli, excluding overkime. 15.2 Any employee who has accumulated sick leave credits as pmvided above shall be ganted leave with pay, for absences due to an illness or injury of the employee for such period of time as the employee's supervisor deems necessary and may be granted leave with pay for such time as is actuatly necessary for affice visits to a doctor, dentist, optometrist, etc. � • � m �. ' - - ARTICLE 15 - LEAVES OF ABSENCE (Continued) � An employee may use personal sick leave benefits provided by the Employer for absences due to an illness for injury to the employee's child for such reasonable periods as the employee's attendance with the child may be necessary, on the sazne terms the employee is able to use sick leave benefits for the employee's own illness or injury. An employee may also use up to a maximum of eight hours of sick leave in the case of sudden sickness or disability of a member of his/her household in order to make arrangements for the caze of such sick or disabled person. This section applies only to personal sick leave benefits payable to the employee from the Employer's general assets. For purposes of ttris section, "personal sick leave benefits" means time accrued and available to an employee to be used as a result of absence from work due to personal illness or injury, but does not include short-term or long-term disability or other salary continuation benefits. 153 Any employee who has accumulated sick leave credits, shall be granted one day of such leave to attend the funeral of the employee's grandpazent or grandchild, and as much time as the employee's supervisor deems necessary for the 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. � 15.4 An employee shall be granted up to a total of sixteen (16) hours during a school year to attend school conferences or classroom activities related to the employee's chiid, provided the conferences or classroom activities cannot be scheduled during non-work hours. When the leave cannot be scheduled during non-work hours and the need for the leave is foreseeable, the empioyee must provide reasonable prior norice oPthe leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operation of the Employer. An employee shall be allowed to use vacation or compensatory time for this leave; othenvise, this leave shali be without pay. 15.5 Voluntary Linpaid Leave of Absence. A full-time employee may be granted up to 480 hours of voluntary leave of absence without pay dt,ring the fiscal year. During such leave of absence, the empioyee shall continue to eam and accrue vacation and sick leave, seniority credits and maintain insurance eligibility as though he or she was on the payroll. Any leave of absence granted under tlus provision is subject to the approval of the Aepartment Head. 15.6 Adoption Leave. In case of an employee adoption of a child up to five years of age, employees shall be permitted to carry over into the following fiscal year up to 80 additional hours of accrued vacation time each yeaz up to a total of 240 hours. For up to two yeazs from the date of the execution of this Agreement, employees may additionally borrow up to 80 hours of unaccrued vacation time from the next fiscal yeaz. . These two adoption provisions shall apply only to one City employee in the event that both adoptive pazents are City employees. 19 ARTICLE 15 - LEAVES OF ABSENCE (Continued) 15.7 Employees will be granted leaves of absence in accordance with the Family Medical ' Leave Act (FMLA). The employer agrees that under FMLA each eligible employee is entifled to take up to twelve (12) weeks of unpaid leave in any twelve month period for any of the following reasons: (According ta City policy, available sick leave must be supplemented for conditions specified as eligible for sick leave in this agreement). • Birth of a cluld of the employee and in order to caze for the child. • Placement of a child with an employee for adoption or foster care. • Take time off from work because of the employee's own serious health condition. • In order to care for the spouse, pazent or child of the employee when said spouse, parent or child has a serious health condition. 15.8 Matemity/Pazental Ieave. Matemiry is defined as the physical state of pregnancy on au employee, commencing eight (8) months before the esfimated date of childbirth, as deternuned 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 (2) year. Pregnant employees of the City of Saiat Paul shall be eligible for the use of paid sick � leave and unpaid leave of absence in the same manner as any other disabled or iIl City employee. Such paid sick leave eligibility�_;,hall begin upon certification by the employee's atiending physician that the employee is disabled in terms of her ability to perform the duties of her position. 15.9 A twelve (12) month Parental leave of absence without pay shall be granted to a naturat pazent or an adoptive pazent, who requests such leave ia conjunction with the birth or adoption of a child. Such leave may be exteaded an additional twelve (12) months by mutual agreement between the employee and the Employer. Refusal on the part of the Employer to grant an extensioa of such leave shall not be subject io the provisions of Article 9 of this Agreemeat. Employees who retum following such leaves of absence shall be placed in a position of equivalent salary and tenure as the one held just prior to the be�inning of their leave. ARTICLE 16 - NON-DISCRIMINATION 16.1 The terms and conditions of this Agreement will be applied to employees equatly without regazd to, or dis�mination for or aga;nct, any individual because of race, color, creed, sex, age, or because of inembership or non-membership in the Union. 16.2 Employees will perform their duties and responsibilities in a non-discriminatory manner � as such duties and responsibilities involve other employees and the general public. 20 ARTICLE 17 - LEGAL SERVICES ��9�� - 17.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the � Employer shall defend save hazmless and indemnify employee against tort claim or demand whether groundless or otherwise arising out of alleged acts or omission occurring in the performance or scope of the emgloyee's duties. 17_2 Notwitbstanding Article 17.1, the Employer shall not be responsihle for paying any legal service fee or for providing any legal service arising from any legal action where the employee is the Plaintiff. ARTICLE 18 - SENIORITY 18.1 Seniority, for the purpose of this Agreement, shall be defined as follows: The length of continuous, regulaz or grobationary service with the City Attorney's Office from the date an employee was first appointed to an attorney position represented by this bazgaining unit. 18.2 Seniority shall terminate when an employee retires, resigns, or is discharged. 183 In the event it is deternuned by the Employer that it is necessary to reduce the work force, employees will be laid off by class tiUe based on inverse length of City Attorney seniority as de£ned above. • i 8.4 When the number of employees in a higher title is to be reduced, employees in the higher fitles who have more City Attorney seniority than employees in lower titles which are in this bazgaining unit will be offered reductions to the highest of these tities to which City Attomey seniority wouid keep them from being laid off, before layoffs aze made in any class title. 18.5 Employees who have held class titles represented by this bargaining unit who subsequently accept appointments or assignments to attorney positions which aze not represented by this bargainuig unit shatl be allowed, in a11 cases, to return to the currently held or comparable class titie represented by this bargaining unit upon completion of such appointments or assignments. The two attorneys providing legal services in the azea of Labor Relations were allocated to the Senior Attorney classification as par[ of the February 18, 2000 classification study. Any Deputy City Attomey or Supervisor incumbents who have rights back into the bazgaining unit and who were not atlocated as part of the 2l18/00 study will be allocated to one of the new classes when and if they return to an appointmentlassigmnent represented by this bazgaining unit. Nothing in this section shail be consirued to negate any other agreements with regard to these employees. • 21 ARTICLE 19 - CITY MILEAGE Sections 19.1 - 19.4 aze effective for mileage reimbursement paid through 12/31/00. � 19.1 Automobile Reimbursement Authorized - Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, t12e following provisioas are adopted. 19.2 Mefhod of Compufation - To be eligible for such reimbursement, all officers and empIoyees must receive written authorization from the Depattment Head. Type 1- If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the ra2e of $4.04 per day for each day the employee's velucle is actually used in performing the dnties of the employee's position. In additioa, the employee shall be reimbursed $0.20 per mile for each mile actuaity driven. If such employee is required to drive an automobite during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reunbursed at the rate of $0.20 per mile driven and shall not be eligible for any per diem. Type 2- If an employee is required to U� Iuslher own automobile � REGULARLY during employment, tfie employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the empIoyee shall be reunbursed $0.20 per mile for each mile actuatly driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's vse but the employee desires to vse his/t�er own automobile, then the employee sball be reimbursed at the rate of $0.20 per mile driven and shall not be eligible for any per diem. 193 The CiTy will provide pazking at the Civic Center Pazking Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to have their personal caz available for City business. Such parking will be provided anly for the days the employee is required to have his or her own personal caz available. � 22 ARTICLE 19 - CITY MILEAGE (Continued) �` � y a" - 19.4 Rules and Regulations - The Mayor shall adopt rules and regulations goveming the � procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability inc�,ra.,ce in amounts of not less than $ I 00,000/$300,000 for personal injury, and $25,000 for property damage, or liability �ncnrance 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. Sections 19.5 - 19.7 aze effective for mileage reimbutsement paid in yeaz 2001 and beyond. 19.5 Chapter 33 of the Saint Paul Administrative Code shall be superceded for members of flus bargaining unit and replaced by sections 19.6 and 19.7 below. 19.6 To be eligible for mileage reimbursement, an empioyee must receive written authorization in advance from the Department Head. 19.7 When an employee is required to use his/her personal automobile to conduct autharized City business, the City shall reimburse the employee at the then current Federal I.R.S. mileage reimbursement rate on the most direct route. � 19.8 When an employee is required to pazk hislher automobile at on off-site location while conducting City business, the City shall reimburse the employee for the pazking expense. Nothing in this section shall be construed to authorize the City's payment of the employee's normal daily pazking expenses. ARTICLE 20 - DURATION AND EFFECTIVE DATE 20.1 Complete Agreement With Waiver of Bargaining. This Agreement shall represent the complete Agreement between the Union and the Employer. 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 azea of collective bazgaining, and that the complete understandings and agreements azrived at by the parties after the exercise of that right and opportunity aze set forth in this Agreement. Therefore, the Employer and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bazgain collecrively with respect to any subject or matter referred to or covered in this Agreement. � 23 �-9�� ARTICLE 20 - DURATION AND EFFECTIVE DATE (Continued) . 20.2 Except as herein provided this Agreement shal] be effective as of 7anuary 1, 200� and shall continue in fixll force and effect thru December 31, 2002, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify tlus Agreement sha11 notify the other in writing so as to comply with the provisions of the Public Employsnent Labor Relations Act of 1984. 203 This constitutes a tentative agreement between the parties which will be recommended by the Director of Labor Relations, but is subject to the approval of the Administration of the City, the City Council and is also subject to the ratification by the Union. WITNESSES C��C�J�C`L�L�li�li IJ � Katherine L. Megarry Labor Relations Director �3� Date LOCAL LTNION NO. 3757, DISTRICT COUNCIL NO. 14 OF THE AMEI2ICAN FEDERATION OF STATE, COUNTY AND Mi1NICIPAL EMPLOYEES LEGAL 1�.. �� : = - �- • � `� 1 - � � , k` �A1 , �cv� Gail L gfieid President 3-oU Date • I.'! APPENDIX A ocr 9' LJa : Salary ranges applicable to tides covered by this Agreement shall be as shown below: Effective 2/26/00 Job Class Associate Attorney Attorney Senior Attomey Effective 111lO1 (or closest Job Ciass Associate Attorney Attomey Senior Attorney Effective 1/1/02 (or closest Job Class � Associate Attomey � Attorney ; Senior Attorney Ranee Minimiun $40,500($1551.72) $51,500($1973.18) $61 Ranee Muumum $41,614 ($159439) $52,916 ($2027.44) $63,191 ($2421.12) Ranae Minimum $42,945 ($1645.41) $54,609 ($2092.32) $65,213 ($2498.60) Mid Point $52,750($2021.07) $66,800($255939) Mid Point $54,201 ($2076.65) $68,637 ($2629.77) $81,661 ($3128. Mid Point $55,935($2143.10) $70,833 ($2713.92) $84,274 ($3228.88) C� A - 1 Rante Maximum $65,000($2490.42) $82,100($3145.59) $97,450($3733.72) Ran¢e MaYimum $66,787 ($2558.91) $84,358 ($3232.09) $100,130 ($3836.40) Ran2e Maximum $68,925 ($2640.80) $87,057 ($3335.52) $103,334 ($3959.16) APPENDIX B- WORK SCHEDULES ��' 9 y a' �1.1 All bargaining unit employees aze exempt from the overtime pay provisions of the federal Fair Labor Standards Act and similar state legislation as professianal employees and are salaried employees of the City who are not compensated on an hourly basis. 12 The normal work schedule for fuil-time empioyees covered by this Agreement shall consist of a minimum of eighty (80) hours within each biweekly payroll period. Empioyees are generaily expected to be working during the normai business hours, weekdays between 5:00 a.m. and 5:00 p.m., or as otherwise established by the Employer for the empioyee's work group, subject to the leave provisions of this Agreement, and appiicable state and federal statutes. Due to the nature of their work, however, the job duties of persons in this bargaining unit may require the employees to work irregulaz hours, and work on holidays and weekends. Such work requirements are considered an integral part of the job. Therefore, maintaining consistent starting and quitting times and scheduling specific numbers of hours worked in any day or week may be impractical. Where their assigned duties and responsibilities permit, however, and where theiz Department Head or Supervisor approves, bazgaining unit employees may exercise reasonable and prudent discretion in scheduling or varying the normal business hours at which their work is performed. 1.3 Employees who work more than eighty (80) hours in a two-week payroli period may be granted compensatory time with the approval of their department head or his/her designee. If granted, compensatory time will be based on a straight time hour for hour basis for time that the supervisor approves. .1.4 Compensatory time off shall be scheduled and approved in advance. Employees and their supervisors shall diligently work together to schedule compensatory time off so that employees may make maximum use of their accrued compensatory time without unreasonably disrupting the business of the Employer. 1.5 Employees leaving the City or the City Attorney's Office must use up any accrued compensatory time and shall not be paid for it under any circumstances. l.b Employees and the Union accept the fact that employees are required to attend to the ethical obligations associated with the practice of law, must act to fuily serve the needs of their clients and aze obligated to observe scheduled court appeazances, depositions, agency and other scheduled meetings, and other such requirements of the practice of law, and agree that this provision affecting hours of work does not remove those requirements. 1.7 Decisions made or not made under this clause on any individual case aze not grievable or azbitrable. However, systematic or repeated decisions which aze contrary to the spirit of this Appendix may be grieved under the process set forth in Article 9. 1.8 The City and the Union agree that this modification of hours of work is experimental and shall not extend beyond the term of this Agreement unless both parties act affirmatively to renew or modify tYus clause in bazgaining for the next contract. • s - i APPENDIX C- MERIT PAY SYSTEM po- 4 �/a. • This letter confinns that the parties entered into the 2000-2002 agreement with the following intentions and expectations regazding the merit pay system: • The performance system and criteria used under this contract shall be the same performance system and criteria in place at the time of the signing of this agreement. • An employee's performance rating shall be based solely on the employee's performance and not on the financial situation of the City or the City Attorney's Office. • Although dependent on employee perfozmance, the percentage of employees rated at each performance rating is unlikely to change dramatically from the ratings issued over the past four years (1997-2000). • In the event that the percentage of employees rated below a`3' increases from the four-yeaz-auerage (1997-2000) by more than 10% of the number of employees in the bargaining unit; or in the event that the percentage of employees rated a`4' decreases from the four-yeaz-average (1997-2000) by more than 20% of the four-yeaz-average of `4' ratings; the Union could file a class action grievance alleging that the City has artificially decreased ratings inorder to garner cost savings. The Union shall bear the burden of proving allegations under this provision. • The City couid defend itself against such a grievance by demonstrating that performance ratings were based on legitamate performance problems or changes, as documented in the performance review process. If the City asserts such a defense, the City sha11 bear the burden of proving that the • performance ratings were based on legitimate performance issues. Ali of the above numbers are based on net changes in the numbers of employees rated at vazious levels. It is understood that the performance rating of individual employees may vary from year to year, based on performance. The City agrees to provide the Union with aggregate data indicating the number of employees rated at each rating level within 30 days after the performance ratings are completed each year. This letter in no way abridges the City Attorney's rights to evaluate perFormance as outlined in Article 10.4 of this Agreement. CITY OF SAINT PAUL erine L. Megany Labor Relations Director • Date �� 1 LOCAL UNION NO. 3757, DISTRICT COUNCIL NO. 14 OF THE AMERICAN FEDERATION OF STATE, COUNTY AND MCTNICIPAL EMPLOYEES LEGAL Date /U �3 - �v c-i . APPENDIX D - PLACEMENT AGREEMENT ' 1999 Associate biweekly Brown 1526.36 Gunderson 1484.9 Nefson 1484.9 Riley 1484.9 Sanville 1484.9 Stachmann 1484.9 Attomey DeWolf 1947.84 Doian 1947.84 Hunt 1700.19 Jerskey 1977.56 Krievans 1829.44 Larson 2703.92 McConaughey 1605.44 Mikhail 1792.96 Milier 1890.03 Peniand 2006.59 Pfohi 1792.96 Seasly 1718.11 Skarda 1638.92 Veith 1981.05 Weyandt 2867.42 Hanson 1024.12 �atet 811.59 Senior Christie 2420.72 Driscoll 2960.91 Garvey 3693.88 McCall 3326.31 Langfield 2145.81 Paimer 2956.59 Rofuth 3223.34 Warner 2420.72 1!1/00 biweekly 1572.15 1529.45 '1529.45 1529.45 1529.45 1529.45 200628 2006.28 175120 2036.89 1884.32 2703.92 1653.60 1846.75 1946.73 2066.79 1846.75 1769.65 1688.09 2040.48 2953.44 1054.84 835.94 2493.34 3049.74 3733.72 3426.10 2210.18 3045.29 3320.04 2493.34 uzs�oo biweekly 1612.36 1551.72 '155'1.72 1551.72 1551.72 1582.04 2165.i3 2165.13 1973.18 2101.15 2184.33 1973.18 1973.1 S 1973.1 S 2357.09 1973.18 1973.18 1973.18 2229.12 1060.17 986.59 2520.16 3094.10 2493.33 2557.70 9/23/00 1!1 /01 adjustmt' pre-COLA 3403.04 ' 2.5% discretionary adjustment agreed to by City Attorney in Faii 1999. • $2,703.92 $2,703.92 $2,703.92 1!1(01 2.75 COLA 1656.70 1594.40 'f 594.40 1594.40 1594.40 1625.55 2224.68 2224.68 2027.44 2158.93 2244.40 277828 2027.44 2027.44 2027.44 2421.91 2027.A4 2oz�.aa 2027.d4 2290.42 3Q34.66 1089.33 1013.72 277828 3179.19 3836.39 3520.32 2778.28 3129.03 3496.62 2778.28 a�- 9 ya D-1 ORIGINAL RESOLUTION OF SAINT PAUL, MINNESOTA Presented Referred To � Council File # oo - q� 9- Green Sheet # 10363_ Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and rarifies the attached 2 2000 - 2002 Collective Bargaining Agreement between the City of Saint Paul and AFSCME Local 3757-Legal. Requested by Depariment of: Adopted by Council: Date _� _ �� Adoption Certified by Council Secretary BY� �� — _�� — Approved by Mayo ' Date (y/',/ �� G�C/ By: ---------1� � Office of Labor Relations B Form Appr�ved by City ttomey sy: �--J ��`� C� t�, i s 1 d� Approved by M�or for Submission BY� i' X `�/�i ,. DEPARTA�NT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET No.• 10363 vO _��} ' •LABOR RELA September 28,2000 " . CONTACI' PERSON & PHONE: � p1'E - 7ry1Tiq1,/pq7yr JLTLIE KRAUS 266-6513 ASSIGN I DEPAffi'MENl' DIR 4 CCfYCOUNCQ. NUMBFdt 2CR'YATi'ORNEY � CIfYCLERK MUST BE ON CO[RYCII. AGENDA BY (DATE) FOR BUD('fiT DIIL FIN. & MGT. SERVICE DIIL October i l � 2�� O�ER r' 3 MAYOR (OR ASST.) � TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) �criorr te�Qi�sren: This resolution approves the attached 2000 - 2002 Collective Bazgaining Agreement between the City of Saint Paul and AFSCME Loca13757-Legal. � RECOMIv�NDA1TONS: P.pprove (A) or Reject (R) PERSONAL SERVICE CON112ACfS MUST ANSWER 1'fIE FOLLOWING QUESTIONS: PLANMNG COIvIIvIISSION _CIVIL SERVICE COMMISSION I. Has this person/Srm ever worked under a wntrzct for this department? CIB COMMITI'EE Yes No • STAfF 2. Haz this person/fim� ever been a city employee? _DISTRICT COURT Yes No SUPPORTS WFIICH CO[JNCIL OBIECTIVE? 3. Does this person/finn possess a skill not normally possessed by any cmrent city employee? Yes No Explain aIl yes answers on separa[e sheet and attach to green sheet INTTIATING PROBLEM, ISSUE, OPPORTI7NI'I'1 (Who, What, When, Where, Why): Coilective Bargaining Agreement expired December 31, 1999. ADVANTAGESIFAPPROVED: Collective Bazgaining Agreement effective through December 31, 2002. Implementaiton of new ciassification and merit pay system to improve recruitment and retention. DISADVANTAGES IF APPROVED� - None. . ° DISADVANTAGES IF NOT APPROVED: � ',r ^-, Further delays and disputes. Potential loss of stafF. TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTNII'Y NUMBER: FINANCIAL INFORMATION: (EXPLAIN) � RSB.��?(i�'e t�E-`,(4SCY f, � - � kj 00 - q�{ s- ATTACHMENT TO THE GREEN SHEET COLLECTIVE BARGAINING AGREEMENT WITH AFSCME LOCAL 3757- LEGAL Below is a suuimary of the changes in the Collecfive Bazgaiiiing Agreement between the City of Saint Paul and AFSCME 3757 - Legal. Durafion• January 1, 2000 through December 31, 2002. (3 year contract) Imnlementation of new ciassification system: Agreement was reached to place employees in the new classifications/salary ranges established by the Classification Study completed by Human Resources in February 2000. This classification system condenses the current eight classes to three classes (Associate Attorney, Attorney, Senior Attorney). As part of this agreement, each employee's salary rate will be raised (if necessary) to the minimum of their new salary range. Additional equity adjustments were also agreed to. Most of the new pay rates will be effective 2/26/00. Wages! across-the-board increases: Jan. 1, 2000: The increase for 2000 was used to fund the implementation of the class study. Jan. 1, 2001: 2.75 % increase Jan. 1, 2002: 3.2 % increase Enhanced merit �av system: Beginning with the performance reviews that will be completed in July 2001, employees will be eligible to receive merit pay wage increases tied to the employee's rating on his/her annual performance review. Employees rated as having outstanding perforxnance will receive an increase of 4% of the midpoint of their salary range. Employees rated as having satisfactory performance will receive an increase of 2.5% of the midpoint of their salary range. There will be no merit increase for employees rated as less than satisfactory. The existing merit pay system was not as closely tied to the employee's performance rating and was not funded at a level that guaranteed the payments described above. Insurance• The insurance contribution increases follow the same pattern as previously negotiated agreements with other bargaining units. 2000 Single: Family: 2001 Single: Family: $289.83 $312.47 plus increase in single premium/month =$330.84 $289.83 $330.84 plus the increase in single insurance up to $40.00. If the increase is more than $40.00, the City will pay 50% of the excess over $40.00. 00 _�y�- aaoz Single: $289.83 Family: The 2001 faxnily conlribution plus 60% of the family premium increase for 2002 up to $60.00. If the increase exceeds $100 the City will pay 40% of the excess increase. Career opnortunity language: Language added to provide employees with more cleaz opportunities to express interest in vacancies and to file petitions for reclassification evaluations. Language also added regazding salary administration for h�ansfers and promotions. Milea�e• Effective with mileage reimbursement paid in year 2001, this unit will no longer use the per diem/20 cents/mile system and will instead be reimbursed at the current federal IRS mileage reimbursement rate. This change will greatly ease the administration of ttus program, sauing costs and effort by payroll staff. Flexible Spending Account: Employees will no longer be charged for participating in this program. Other laneuag_e changes: Other language changes (including rewrites of severance pay, maternity/paternity leave, leave of absence, sick leave, insurance and seniority articles) are of a housekeeping nature for clarification and clean up. r : �� . � � � � - � � ' . 2000=�002 ` � � � - _ � � . � °COL�.ECTIVE�BARGf1INING AGR�E�Ni�l�iT � � _ � .. . �� _ bet�ve�e�= _ ; f �c�� eT�� o�. s��r p�ui ~ and,- _ �sc�� Loe� �xs�-L�G�. , ,_ _ � - __ - _ � cb-q�a � INDEX ARTICLE TITLE PAGE Preamble ................................................. ii 1 Recognition ................................................1 2 Severance Pay ..............................................1 3 Management Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Assignment of VJorklFilling of Vacancies . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Residence ..................................................6 6 Check Off ..................................................7 7 Discipline ................................................. 7 8 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Grievance Procedure ........................................ 8 10 Wages/MeritPay ...........................................10 I1 Saving Clause ..............................................12 � 12 Insurance .................................................13 13 Vacation ..................................................17 14 Holidays ..................................................18 I S Leaves of Absence (including Maternity/Paternity Leave) . . . . . . . . . . . 18 16 Non-Discrimination .........................................20 17 LegalServices .............................................21 18 Seniority ..................................................21 19 City Mileage ...............................................22 20 Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Appendix A - Salary Ranges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Al Appendix B - Compensatory Tnne . . . . . . . . . . . . . . . . . . . . . . . . . . . . B1 Appendix C - Merit Pay System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CI Appendix D - Placement Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . D 1 • i 00-9 ya r PREAMSLE This Agreement entered into between the City of Saint Paul, hereinafter refened to as either the "Employer" or the "City," and the A.F.S.C.M.E. Loca13757-Legal hereinafter referred to as the Union, for the purpose of fostering and promoting harmonious relations between the City and the Union in order that a high level of public service can be provided to the citizens of the City. This Agreement attempts to accomplish this purpose by providing a fuller and more � complete understanding on the part of both the City and the ilnion of their respective rights and responsibilities. The provisions of this Agreement sha11 not abrogate the rights and/or duties of the Employer, the Union, or the employees as established under the provisions of the Public Empioyee Labor Relations Act of 1984, as amended. � ii ARTICLE 1- RECOGIVITION � I.1 The City recognizes the Union as the exclusive representative for AFSCME Local 3757-Legal, as certified by the State of Minnesota Bureau of Mediation Services, dated July 29, 1998, Case No. 77 PCL-48. 'i'fiis unit above consists of attomeys employed in the City who serve in the following job classifications: Associate Attorney Attomey Senior Attorney 1.2 Employees employed in the above class titles and assigned to wnfidential and/or supervisory positions are not included in ttus Agreement. 13 It is recognized that temporary employees aze within the unit covered by this Agreement if they work for more than 67 days per calendar year or aze anticipated upon hire to be employed greater than 67 days, and meet the hours requirements of Minnesota Statutes 179A.03, subd. l4. A temporary employee, for purposes of this contract, is a person employed to fill a position of a specific limited duration, not to exceed one yeaz. Temporary employees shall not be eligible for vacation accrual, holiday pay, sick leave accrual, health or other insurance premium contributions by the Employer, except as are specificaily provided for elsewhere in tlus Agreement. � ARTICLE 2 - SEVERANCE PAY 2.1 General. The Employer shall provide three (3) severance pay plans as set forth in this Article. The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. Severance pay program(s) shall be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this article shall control. 2.2 Eligibility. Any employee krired on or before December 31, 1983 may, upon meeting the qualifications of this article or City Ordinance No. 11490, as aznended by City Ordinance No. 16303, section 1, section 6, draw severance pay under the terms of any of the three severance plans described in this article. Any employee hired after December 31,1983, but on or before October 29, 1988 is eligible to participate only in Plan 2 or Plan 3 as set forth in this article. Any employee hired after October 29, 1988 is eligible to participate only in Pian 3 as set forth in this article. The election by the employee to draw severance pay under one of the plans for which slhe is eligible shall be made at the time of sepazation from service_ Such election shall be irrevocable and the election of one of the plans shall baz the employee from eligibility to receive benefits under any of the other severance plans. lJ ARTICLE 2 - SEVERANCE PAY (Continued) 23 Plan 1. Plan 1 is the severance pay plan described in Ordinance No. 11490, as amended � by Ordinance No. 16303. 2.4 Plan 2. In addition to the eligibility requirements set forth above, an employee must meet the foliowing requirements to receive a beneft under Plaa 2: 2.4(1) The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions of the Public Employees Retirement Association (PERA). The "rule of 85" or the "rule of 90" criteria shall also apply to employees covered by a public pension glan other than PERA. 2.4(2) The employee must be voluntarily separated from City employment or have been sabject to separation by layoffor compulsory retirement. Those employees who aze discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. For the purpose of this severance program, a death of an employee shall be considered as separation of employmern, and if the employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay will be made to the employee's estate or spouse. � For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eIigible for tfie City severance program. 2.4(3) The employee must have at least ten (10) years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this Article, employment in either the City or in the Independent School District No. 62S may be vsed in meeting this ten (10) year service requirement. 2.4(4) The employee must file a waiver of reemployment with the D'uector of Human Resources, which will cleazly indicate that by requesting severance pay, the employae waives all cIaims to reinstatement or reemployment (of any type), with the City or with Independent Schoot Distzict No. 625. 2.4(5) T'he employee must have accumutated a minimum of sixty (60) days of sick leave credits at the time of lus separation from service. C � J 2 oo- �t `�'�. ARTICLE 2 - SEVERANCE PAY (Continued) 2.4(6) If an employee requests severance pay and if the employee meets the � eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the amployee on the date of separation for each day of accrued sick leave subject to a max;T„um of $6,500. 2.5 Plan 3: In addition to the eligibility requirements set forth above, an employee must meet the following requirements to receive a benefit under Plan 3: 2.5(1) The employee must be voluntarily separated &om City employment or have been subject to separation by layoff or compulsory retirement Those employees who aze discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. For the purgose of ttris severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay shall be made to the employee's estate or spouse. For the ptupose of this severance program, a transfer from the City of � Saint Paul employment to Independent School District No. 625 employment is not cansidered a sepazation of employment, and such transferee shai] not be eligible for the City severance program. 2.5(2) The employee must file a waiver of reemployment with the Human Resources Director, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 2.5(3) The employee must have an accumulaied balance of at least eighty (80) days of sick leave credits at the time of his separation from service. 2.5(4) If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she wiil be grauted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subj ect to a maximutn as shown below based on the number of years of service in the City: . 3 ARTICLE 2 - SEVERANCE PAY (Continued) Yeazs of Service with the City At Least 20 21 22 23 24 25 Maximum Severance Pay $5,000 $6,000 $7,000 $8,000 $9,000 $10,000 � ARTICLE 3 - MANAGEMENT RIGHTS 3.1 The iJnion recognizes the right of tfie Employer to operate and manage its affairs in all respects in accordance with applicabte laws and regulations of appropriate authorities. The rights and authority which the Employer has not officially abridged, delegaYed, or modified by this Agreement are retained by the Employer. 3.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, wlrich include, but are not limited to, such areas of discretion or policy as the functions and programs ofthe Employer, its overail budget, utilization of technology, and orgaui7ational structure and selection and d'uection and number of personnel. 3.3 Employees may request in writing that the City Attomey consider a job-sharing anangement. The City Attomey shall be free to deny or approve such proposed arrangements at Ius/her sole discretion. If approved, both job-sfiazing employees must agree to the arrangement for its unplementation. If so appmved and agreed to, vacation, holiday, and sick leave beaefits for the position shall be prorated based upon the hours each employee is assigned, but in no case may any employee work less than 50 percent rime. Health inswance benefits shall be administered in accordance with Article 12. In the event that one of the employees is terminated or terminates employment, the Employer may with 10 calendar days notice, increase the remaining empIoyee's work hours. Sflould tiie City Attorney determine that the arrangement does not meet work needs of the office, he/she may return both employees to full-tune with 30 calendaz days notice. No aspect of these artangements, including the approval or denial, is subject to either the grievance or azbitration procedure. � � 4 00 -95�a. • ARTICLE 4- ASSIGNMENT OF WORK/ FILLING OF VACANCIES _ 4.1 The City Attorney retains the inherent managerial right to assign work and fiil vacancies. . These management decisions aze not subject to grievance or arbitration. 4.2 Classifzcation Specifzcations. Each position represented by this bazgaining unit shall be assigned to one of three job classes (Associate Attomey, Attomey, Senior Attorney) as defined by the advisory class specifications which shall include such information as the description of the duties normally associated with the classification, the competencies normally demonstrated by the incumbents, and the m;nimum quaiifications for the classification. These classification specifications aze subject to modification by the City Attomey at hislher discretion and aze not grievabie/arbitrable. 43 Yacancy. A vacancy exists when a new position is created, or when an incumbent uansfers or permanenUy sepazates from a position that is represented by this bazgaining unit. The City Attomey maintains the right to deternvne when a vacancy exists, the classification of the vacancy, and retains the right to fill the vacancy, reassign the duties of the vacancy among other positions or eliminate the duties of the vacancy. 4.4 Notification. The City Attomey or his(her designee, agrees to grovide a general notification to current employees by e-mail or other suitable means of a vacancy which the City Attorney intends to fill and to permit employees to express interest in the vacancy. Such notification shall include: a description of the duties assigned to the vacant position, the classification of the position, the timelines for eacpressing interest in � the position, the selection process and, to the extent not included in the class specification, the m;n;mum and preferted qualifications for the position. 4.5 Expression of interest Employees expressing an interest in a vacancy will be given consideration for the position, and will be provided an interview if they meet the minimum qualifications listed for the vacant position. 'The final decision on whether an employee meets minimum qualifications or is appointed to a vacancy is the City Attomey's and may not be grieved or arbivated. 4.6 Unsuccessful candidates. An employee who is not granted an interview, or who is granted an interview for a vacancy but not selected shall, upon request, be granted a foliow-up meeting to discuss the reasons for non-selection. 4.7 Probation. An internal candidate who is selected to fill a vacancy in a higher classification shall serve a probationary period of twelve months in the new job class. If the employee successfully completes the probationary period, sliie shall be classified into the higher class. If slhe does not successfully complete probation, slhe may retum to his/t�er prior job classification. 4.8 Reclassification. Nothing in this sec6on 4.8 should be construed to limit the City Attomey's discrerion to reclassify positions at any time. • ARTICLE 4- ASSIGNMENT OF WORK/ FILLING OF VACANCIES (Continued) 4.8.1. Guideline. An employee is presumed to be working wiYhin the correct � classification if the employee's m;n+Tr,um qoatificaflons, level of expertise, and at least fiRy percent (50%) of his/her regulazly assigned duties aze those normally associated with his/herjob class. 4.8.2. Petition for reclass�cation evaluation. The Union may file a petition for reevaluation of the job class of an empIoyee wfio befieves in good faith that the employee's level of expertise and mare than fi€ry percent (50%) of his/her regularly assigned duties are those commonty attributed to a higher classification and that s/he meets the m;n;miun qualifications for the higher classification. Such a petition may not be filed within one yeaz of a prior petition and must be submitted to the Office of Human Resources, with a copy to the City Attomey. 4.8.3 Evaluation by Human Resources Of,�'ice. Once a petition for reevaluation has been filed, the Office of Human Resources shall conduct an evaluation of the position and issue a written recommendation as to whether recIassification is appropriate. Whenever possibte, the Human Reso�ces Office shatt attempt to complete the evaluation within 90 days of receipt of a petition. 4.8.4 Implementation by CityAttorney s Office. Prior to 1/1/02, the recommendation of the Human Resources Office as to the allocation of a position shall be advisory to the City Attorney and shall not be binding on the City Attorney. Effective 1/1/02, � if the Human Resource Office recommendation is to reclassify the position upwazd, the City Attomey must either reclassify the position or eliminate from the position tfiose duties that are not consistent witIi the employee's existing classification. The City Attomey's cfioice between reclass�cation or elimination of duties shall not be grievabte/arbitrabte. If the decisioa to reclassify the position leads to a pay increase for the employee, such pay iacrease shall beeome effective the beginning of the first pay period following the written recommendation by the Office of Human Resources. ARTICLE 5 - RESIDENCE 5.1 Employees covered by this Agreement shall have no residency requirements or restrictions. � � � cx�- 4 Y�, C , J ARTICLE 6 - CHECK OFF 6.1 The Employer agrees to deduct the Union membership uutiation 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 deduetions aze made ot as soon thereafter as is gossible. 6.2 Any present or future employee who is not an Union member shall be required to contribute a fair share fee for services rendered by the Union. Upon notification by the Union, the Employer shall check off said fee from the eamings of the employee and transmit the same to the Union. In no instance shall ffie required contribution exceed a pro rata shaze of the specific eacpenses incurred for services rendered by the representative in relarionship to negotiations and administration of grievance procedures. It is also understood that in the event the City shall make an improper fair shaze deducfion from the eamuigs of an employee, the Union shall be obligated to make the City whole to the extent that the City shall be required to reimburse such employee for any amount improperly withheld. Tlus provision shall remain operative only so long as specifically provided by Minnesota law, and as otherwise legal. 6.3 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, order 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. ARTICLE 7 - DISCIPLINE 7.1 The Employer may discipline employees in any of the forms listed below: 7.1(1) Oral reprimand; 7.1(2) Writtenreprimand; 7.1(3) Suspension; 7.1(4) Demotion; 7.1(5) Discharge The Employer will discipline for just cause only. � 7.2 Discharges will be preceded by a five (5) working day preliminary suspension without pay. During said period the employee and/or Union may request, and shall be entifled to a meeting with the Employer representative who initiated the suspension with intent to dischazge. During the five (5) day period, the Employer may affirm the suspension and dischazge in accordance with Civil Service Rules or may modify, or withdraw same. 7 A.RTICLE 8- STRIKES, LOCKOUTS, WORK INTERFERENCE 8.1 T'he Union and the Employer agree that there shall be no strikes, work stoppages, slow-downs, sitdown, stay-in, or other concerted interference with the Employer's � business or affairs by said Uaion and/or menebers thereof, and there shall be no bannering during the eafistence of tlris Agreement without first using all possible means of p�aceful settlement of any controversy wYuch may atise. Employees engaging in same shall be liable for disciplinary action. 8.2 No lockout, or refusal to allow employees to perform available work, shall be instituted by the Employer and/or its appointing authorities during the life of this Agreement. ARTICLE 9 - GRIEVANCE PROCEDURE 9.1 A grievance is defined as a dispute or disagreement as to the interpretation or appiication of the specific tetms and conditions of this Agreement The procedure established by this ArticIe shatl be the soIe and exclusive pmcedure for the processing of grievances. However, this Article does not abridge grievance rights possessed by eligible veterans under applicable veterans' rights statutes. 9.2 The Employer will recognize representatives designaied by the Union as the grievance represenratives of the bargaining unit having the duties and responsibi�ities established by this Article. The Union shall notify the Employer in writing of the names of such Union Representatives and of their successors when designated. The Employer shall notify the Union in writing to its designated representatives. � 93 It is recognized and accepted by the TJnion and the Employer 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 normal working hours when consistent with such employee duties and responsibiIities. The aggrieved employee and an Union Representative shall be atiowed a reasonable amount of time without Ioss of pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and Union Representative have notified and received the approval of desigaated supervisor and provided that such absence is reasonable and would not be detrimental to the work programs of the Employer. It is understood that the Employer shall not use the above limitation to hawper the processing of grievances. 9.4 Grievances, as defined by Section 9.1, shall be resolved in wnformance with the following procedure: Step 1. An empIoyee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (2I ) catendar days after such alleged viotation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer-designate@ representative will discuss and give an ans�ver to such Step 1 grievance within ten {10) calendar days after receipt. A � grievance not resolved in Step i and appealed to Step 2 shatl be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the 8 ARTICLE 9- GRIEVANCE PROCEDURE (Continued) �_ y � remedy requested, and shall be appealed to Step 2 by the Union within _ fifteen (I S) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by � the L3nion within fifteen (15) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Union Employer's Step 2 answer in writing within ten (10) calendar days following the Employer-designated representative's fmal Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. � Step 4. A grievance unresolved in 5tep 3 and appealed to Step 4 by the Union shali be submitted to azbitration subject to the provisions of the Public Employtnent Labor Relations Act of 1971, as amended. 1'he arbitration proceedings shall be conducted by an azbitrator to be selected from a permanent panel of five (5) azbitrators. Arbitrators shall be selected by lot within twenty (20) work days after notice has been given. In the event the Employer and the Union cannot mutually agree to five (5) azbitrators for the permanent panei, the parties will petition the Director of the Bureau of Mediation Services for a list of ten (10) azbitrators for each panei member for which the parties didh list(s), the Employer striking first, until one (1) name remains. Vacancies occurring on the permanent panel during the life of this Agreement shall be filled by mutual agreement of the parties. If the pazties cannot mutually agree, the vacancy shall be filled by the process noted in the preceding pazagraph. Step 5. The arbivator shall have no right to amend, modify, nullify, ignore the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in � anyway the application of laws, rules, or regulations having the force and effect of law. The azbitrator's decision shall be submitted in writing, copies to both parties and the Bureau of Mediation Services within thirty G] ARTICLE 9 - GRIEVANCE PROCEDURE (Continued) (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an eactension. ` The decision shatl be binding on both the Emptoyer and the Union and � shall be based solely on the azbitrator's interpretation or application of the express terms of this Ageement and to the facts of the grievance presented. 9S The fees and expenses for the azbitrator's services and proceedings shall be bome eqval�y 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 ii pays for the rewrd. If both parties desire a verbatim record of the proceedings the cost shall be shared equaily. 9.6 If a grievance is not presented within the time limits set forth above, it shali be considered "waived". If a grievance is not appealed to the next step witbin the specified time limit or any agreed eactension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the LJNION may elect to �eat the grievance to the next step. The time limit in each step may be eatended by mutual written agreement of the Employer and the Union in each step. ARTICLE 10 - WAGES/MERIT PAY 10.1 Implementation of classification study, 2/26/00. Bazgaining unit members employed by the City Attorney's Office as of the final date of signing of this labor agreement shall be allocated to the classification and corresponding salary range indicated in the February 18, 2000 Final Allocation report (and/or final reconsideration report) issued by the Office of Human Resources. Employees shali convert to their new classification/salary range, effective February 26, 2000. For the merit raises that would normally be due for the July 1999 - June 2000 performance period, the City Attorney agrees to suspend his discretion to awazd merit pay and to utilize the eatire amount to help fund the implementation of the classification study. 10.2 Internal equity adjustments mrd/or general zncreases for non-impacted employees, 1/I/00 and, 2/26/00. In conjunction with 10.1 above, general increases and/or equity adjustments/placements agreed to by the pazties at negotiations wiIl be paid retroactive to either 1/1/00 or 2/26/00 for time worked or paid up to the date of execution, based on the placement chart agreed to by the pazties and actached hereto as Appendi�c D. These additional increases/adjustments/placements sfiall be added to individual employee saiaries and shall not change the satary ranges established under 10.1 above. � � 10 ARTICLE 10 - WAGES/MERIT PAY (Continued) Internal equity adjustments, 1/1/01. The final three equity adjustments agreed to by the - parties shall be made, effective 1/1/01 (or closest pay period) based on the placement � chart agreed to by the parties as shown on Appendix D. Such adjw`'hments shall be made prior to the calculation ofthe 1/1/01 general wage adjustment. 103 General wage adjusrnzent, 1/1/01. Effective January 1, 2001 (or closest pay period) all salary rates applicable to individuals in this bazgaining unit (as well as the m;nimum, midpoint and masimum rates for each salary range) shall be increased 2.75%. 10.4 Merit-based increases, 7/1/2001, 7/1/2002. Beginning with the 7/2000-6/2001 performance evaluations, the City Attomey shall determine wluch members of this hargaining unit shall be entifled to merit pay each perfotmance evaluation year (July- June). This determination shall be based on the emgloyee's performance rating for the entirety of the previous year. (The City Attomey retains the right to detemvne how and when to administer merit-based increases for employees who have not been employed in the City Attorney's Office for the entirety of the evaluation period). Such merit pay raises shall be effective on the first full pay period following July 1 st of each year, and shall be for the amounts listed below, based on the "mid point" for each classification as defined and listed in Appendix A: Performance rating 4. Level � 3. Level 2. Level 1. Level 4.0% of midpoint added to base 2.5% of midpoint added to base 0 0% All merit increases will be calculated as a percentage of the midpoint of the salary range assigned to the employee's class tiUe. An employee's base salary shall not be increased above the salary range maximum for his/her title. If the merit increase awazded would result in an increase above the salary range maximum, the employee's base salary will be adjusted to the range maximum and the balance of the increase will be paid to the employee in a lump sum. If employee is at the salary range maximum, the entire merit based increase will be paid to the employee in a lump sum. The City Attomey shall make a reasonable good faith effort to have performance evaluations completed by July t of each applicable yeaz. If for some reason, the evaluations aze not complete, merit increases shall apply retroactively to the first full pay period after 7uly 1 st of that year. The substantive judgement of the emgloyee's supervisor regarding the employee's performance shall not be subject to the grievance procedure of this agreemant nor shall it be sub,}ect to azbitration. � 11 ARTICLE 10 - WAGES/MERIT PAY (Continued) 10.5 City Attorney adjustments. The City Attorney reserves the right to increase salaries during the mid-term of the Agreement for intemal promotion, equity treatrnent, � assumption of increased responsibility or authority, employee retention or other business-relaYed reasons. The decision of Yhe City Attoaaey, both as to the amouni of such merit raise and as to the method by which it shall be given, shalt be at the sole discretion of the City Attorney aad shalt not be subject to the grievance procedtue of dus ageement, nor shall it be subject w azbitration. 10.6 General wage adjustment, 1/1/02. Effective January 1, 2002 (or closest pay period) all salary rates applicable to individuals in this bazgaining unit (as weil as the minimum, midpoint and maximum rates for each salary range) shall be increased 3.2% percent. 10.7 Salary upon class change - reallocation or promotion to a higher class. Upon reallocarion or promotion to a higher class, an employee shall normally receive a salary increase of at least 4% or shall be moved to the bottom of the new salary range (whichever is greater). A higher salary increase may be granted at the discretion of the City Attomey aad skall not be subject to the grievancelarbittation procedure of this agreement. 10.8 Salary upon position change within the same class�cation. An empIoyee's salary zate sha11 not be changed upon transfer from one position within a classification to another position within the same classification, except as deemed necessary by the City Attomey under 10.5 above. '_ 0.9 Salary upon cicrss change to a lower titZe. An employee wbo is demoted/laid � off/reallocated to a lower class for any reason other ihan demotion for cause shall retain his/her current rate of pay un]ess that rate is higher than the range maximum for tlze new classification. In that case, the employee's pay rate shall norma�ly be adjusted to the maxiruum for the new lower classi&cation. Exceptions to this generai rule (i.e., to atlow the pay rate to remain above the maximum) shati be made at the discretion of the City Attorney. ARTICLE 11- SAVING CLAUSE 111 This Agreement is subject to the laws of the United States, the State of Ivlinnesota. In the event any provisions of this Agreement shall be held to be contrazy to law by a court of competent jurisdiction froirt whose final judgment or decree no appeat has been taken within the time provided, such provisions shall be voided. All other provisions shall continue in fuil force and effect. The voided provision may be renegotiated at the written request of either party. AIl other provisions of this Agreement shail continue in fuIl force and effect. � 12 �-�y� ARTICLE 12 - INSURANCE , Retiree Insurance 12.1 Employees who retire must meet the following conditions at the time of retirement in order to be eligible for the Employer contributions, listed in Sections 12.2 throug� 12.5 below, toward a health inc,�rance plan affered by the Employer: 12.1(1) Be receiving benefits from a public employee retirement act at the time of retirement, and 121(2)Have severed his/her relationship with the City of Saint Paul for reasons other than misconduct, and 12.1(3)Have completed at least 20 years with the City of Saint Paul. Early Retirees 12.2 This Section shall apply to full time employees who: 12.2(1)Retire on or after January 1, 1996, and 12.2(2) Were appointed on or before December 31, 1995, and 12.2(3)Have not attained age 65 at retirement, and 12.2(4)Meet the terms set forth in Section 12.1 above, and � 12.2(5) Select a health insurance plan offered by the Employer Until such employees reach sixty-five (b5) yeazs of age, the Employer agrees to contribute a maximum of $350 per month towazd the cost of single or family health insurance covarage. Any unused portion of the Employer's contribution shall not be paid to the retiree. When such early retiree attains age 65, the provisions of Section 12.4 will apply. 12.3 This Section shall apply to full time employees who: 12.3(1)Retire on or after January 1, 1996, and 123(2) Were appointed on or after January 1,1996, and 123(3)Have not attained age 65 at retirement, and 12.3(4)Meet the conditions of Section 12.1 above, and 723(5) Select a heatth insurance plan offered by the Employer. Until such retirees reach sixty-five (65) years of age, the Employer agrees to contribute a maximum of $300.00 per month towazd the cost of single or family health insurance coverage. Any unused portion shall not be paid to the retiree. When such eazly retiree attains age 65, the provisions of Section 12.5 shall apply. C� 13 ARTICLE 12 - INSURANCE (Continued) Regular Retirees {Age 65 and over) 12.4 This Section shall apply to futl time employees who: 12.4(1)Retire on or after January 1,1996, and 12.4(2) Were appointed on or before December 31,1995, and 12.4(3)Have attained age 65 at retirement, and 12.4(4)Meet the terms set forth in Section 12.1 above, and 12.4(5) SeIect a health insurance plan offered by the Employer The Employer agrees to contribuYe a maximum of $550.00 per month toward the premium for single or family heaith insvrance coverage offered by the Employer to regular retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Section shall also apply to early retirees who retired under the provisions of Section 12.2 when such retirees attain age 65. 12.5 This Section shall apply to full time employees who: 12.5(1)Retire on or after January 1, 1996, and 12 5{?,; Were appointed on or after 3anuary 1,1996, and 1L.�(3)Have attained age 65 at retirement, and 12.5(4)Meet the conditions of Section 12.1 above, and 12.5(5) Select a health in�,�rance plan offered by the Employer. The Employer agrees to contribute a maximum of $3D0.00 per month toward the cost of single or family health insurance coverage offered Yo regulaz retirees and their dependents. Any auused portion shall not be paid to the retiree. This SecYion shall also apply to early retirees who retired under the provisions of Section 123 when such eazly retirees attain age 65. 12.6 If an employee does not meet the conditions of Section 12.1(3), helshe may purchase single or family health insurance coverage through the Employer's in��rce grogram. The totat cost of such insurance coverage shatl be paid by the retiree. Any employee who is receiving a PERA disabiiity benefit, or who is efigible for or receiving a retirement annuity from a Minnesota public pension plan, may continue to participate indefinitely in the City's group medicat insurance ptan at fiis/her own e�ense. � � n, �I 14 c�o- 9y�. ARTICLE 12 - INSURANCE (Continued) � 12.7 A retiree may not carry his/her spouse as a dependent if such spouse is also a City retiree or City employee and eligible for and is enrolled in the City health insurance program. 12.8 A retiree's participation in the City's health �r�*�nce plan must be continuous. Tf�e retiree must be participating in a City health insurance plan at the tune of retirement. If a retiree chooses not to participate at the time of hislher retirement or if a retiree discontinues his/her participation at a later date, such retiree will not be eligible for any future participation or for any Employer con�ibution. Survivor Insurance 12.9 The surviving spouse of an employee cazrying faznily coverage at the time of hislher death due to a j ob connected injury or illness which was determined to have arisen out of and in the course of hisfher employment under worker's compensation law sha11 continue to be eligible for city contribution in the same proportions as is provided for retired employees. In the event of the death of an eazly retiree or a regulaz retiree, the dependents of the retiree shall have the option, within thirry (30) days, to continue the current hospitalization and medical benefits which said dependents previously had, at the � premium and Employer contribution accorded to the eligible deceased retiree. It is further understood that coverage shall cease in the event of: 12.4(1) Suhsequent remarriage ofthe surviving spouse of the deceased employee or retiree. 12.9(2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Bmployer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. Active Employee Insurance 12.10 For full-time employees who select single health insurance coverage, the Employer agrees to contribute $289.83 per month. For three-quarter time employees who select single health insurance coverage, the Employer's contribution shall be $21737 per month. For half-time employees who select single health insurance coverage, the Employer's contribution shall be$144.92 per month. For full-tune employees who select fanuly heaith insurance coverage, effecrive for the . January, 2000 insurance premiums, the Empioyer agrees to contribute $312.47 per month plus an amount equal to the increase in the single premium per monffi. (Yeaz 2000 single premium increase is $18.37 for a total full time family gremium of $330.84 per month). 15 ARTICLE 12 - INSURANCE (Continued) For futl-time employees who setect famiiy heatth insurance coverage, effective for the January, 2001 in.c�ra„ce premiums, the Employer agrees to increase its prior year's contribution by an amouat equal to the increase in the single premium, up to $40.00 doliars per month. If the increase in the single premium exceeds $40.00 per month, the employer agrees to further inerease the contribution by 50% of the excess increase. For full-time employees who select family health insurance coverage, effective for the January, 2002 insurance premiums, the Employer agrees to increase its prior yeaz's contribution by an amount equal to 60% of the increase in the family premium up to $60.00 per month. If the increase in the family prearium exceeds $100.00 per month, the employer agrees to further increase the contribution by 40% of the excess increase. For three-quarter time empIoyees who seIect family heahh insurance coverage, the . Employer agrees to contribute 75% of the contribution provided to futl-time employees per month. For half-time employees who seiect family heaith insurance coverage, ttie Emp2oyer agrees to contribute 50% of the contdbution gmvided to fu11-time employees per month. ❑ If the number of health plans iacreases, the contribution increases will be based on the plan that is most similaz to the plan available during the prior yeaz. Employees shal? not use pre-t� Employer contribution in�+�*ance dollazs for the purchase � of long term or short term disability coverage. Part-time empioyees who are permanently appointed to a fuli-time (80 hours per biweekly period) posirion after the commencement o£the plan yeaz, shall be made eligible for the full-time benefits after they have completed at least forty hours in a monthly qualifying pay period as a full-time empIoyee. FuII-fime empIoyees who are permanently appointed to a patc-time (less tfian 80 hours per biweekly period) position after tiie commencement of the plan yeaz shalt be reduced to the benefit level applicable for the hours scheduted by the department. Such reduction shail take effect on tlte first month the employee does not complete a monthly qualifying pay period as a full- time employee. 12.11 For the purpose of this Article, full-time empioyment is defined as appearing on the payroll an average of at least 32 hours per week for the twelve (12) month period preceding the annual open enmllment or special enrollments or the six (6) month period preceding initiat enrollment Three-quarter time employment is defined as appearing oa the payroll an average of at least 26 hours per week but less than 32 hours per week for the twelve (12) month period preceding the annual open enrollment or speciat enrolIments or the six (6} month period preceding initiai enrollment. • 16 cxr-9 y � � ARTICLE 12 - INSURANCE (Continued) Half-rime employment is defined as appearing on the payroll an average of at least 20 hours per week but less than 26 hours per week for the twelve (12) month period preceding the annuai open enrollment or special enrollments of the six (6) month period preceding initial enrollment. 12.12 Under the "Cafeteria Plan" all eligible employees regazdless of the number of average hours worked must select at least single coverage hospital-medical in�,�ra.,ce and employee life insurance in an amount $5000. Any unused portion of the Employer's contriburion, for which an employee is eligible, is defined as unused benefit dollazs, not salary, and shall be paid to the employee as taxable income. Such payment will be made by January 15`� of the following year. For employees who terminate their employment with the City of Saint Paul, such payment shall be made within 90 days following ternunation. 12.13 The contributions indicated in this Article 12 shali be paid to a third party administrator and shall not be considered salary. ►J . ARTICLE 13 - VACATION 13.1 Vacation credits shall accumulate at the rates shown below for each full hour on the payroll, exclu�.ing overtime. Yeazs of Service 1 st yeaz thru 8th yeaz 9th yeaz thru 15th yeaz 16th year and thereafter Hours of Vacation .0577 (15 days) .0770 (20 days) .0962 (25 days) 13.2 The head of the department may permit an employee to carry over into the'bacation year" up to one hundred twenty (120) hours of vacation. For the purpose of this article the "vacation year" shall be the fiscal yeaz (IRS payroll reporting yeaz). 133 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Sub. H. 13.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty days, the employee may convert any part of such excess of sick leave at the rate of ane-half day's vacation for each day of sick leave credit. No empioyee may convert more than ten (10) days of sick leave in each calendar year under this provision. f(II ARTICLE 14 - HOLIDAYS 14.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays. New Year's Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Day After Thanksgiving Chrisimas Day Two floating bolidays Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. Whettever 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 shail be observed as the holiday. 14.2 The floating holidays set forth in Section 14.1 above may be taken at anytime during the contract yeaz, subject to the approval of the Deparlment Head of any employee. 14.3 Eligibility Requirements. In order to be eligible for a holiday with pay, an employee's name must appear on the payroIl on any six working days of the nine working days preceding fhe holiday; or an employee's name must appeaz on the payroll the Iast working day before tiie holiday and on thr�e other working days of the nine working days preceding the holiday. In neither case shali the hoIiday be counted as a working day for the purposes of this section. It is further understood that neither temporary, emergency nor other emptoyees not heretofore eligible shall receive holiday pay. 14.4 Notwititsianding 14.3, a temporary employee shall be eligible for holiday pay after such employee has been employed as a temporary employee for sixty-seven (67) consecutive work days. 23o Yemporary employee shall be eligible for any floatiag hoIidays. ARTICLE 15 - LEAVES OF ABSENCE 15.1 Each eligible employee shall accumulate sick leave credits at the rate of .0576 of a working bour for each full hour on the payroli, excluding overkime. 15.2 Any employee who has accumulated sick leave credits as pmvided above shall be ganted leave with pay, for absences due to an illness or injury of the employee for such period of time as the employee's supervisor deems necessary and may be granted leave with pay for such time as is actuatly necessary for affice visits to a doctor, dentist, optometrist, etc. � • � m �. ' - - ARTICLE 15 - LEAVES OF ABSENCE (Continued) � An employee may use personal sick leave benefits provided by the Employer for absences due to an illness for injury to the employee's child for such reasonable periods as the employee's attendance with the child may be necessary, on the sazne terms the employee is able to use sick leave benefits for the employee's own illness or injury. An employee may also use up to a maximum of eight hours of sick leave in the case of sudden sickness or disability of a member of his/her household in order to make arrangements for the caze of such sick or disabled person. This section applies only to personal sick leave benefits payable to the employee from the Employer's general assets. For purposes of ttris section, "personal sick leave benefits" means time accrued and available to an employee to be used as a result of absence from work due to personal illness or injury, but does not include short-term or long-term disability or other salary continuation benefits. 153 Any employee who has accumulated sick leave credits, shall be granted one day of such leave to attend the funeral of the employee's grandpazent or grandchild, and as much time as the employee's supervisor deems necessary for the 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. � 15.4 An employee shall be granted up to a total of sixteen (16) hours during a school year to attend school conferences or classroom activities related to the employee's chiid, provided the conferences or classroom activities cannot be scheduled during non-work hours. When the leave cannot be scheduled during non-work hours and the need for the leave is foreseeable, the empioyee must provide reasonable prior norice oPthe leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operation of the Employer. An employee shall be allowed to use vacation or compensatory time for this leave; othenvise, this leave shali be without pay. 15.5 Voluntary Linpaid Leave of Absence. A full-time employee may be granted up to 480 hours of voluntary leave of absence without pay dt,ring the fiscal year. During such leave of absence, the empioyee shall continue to eam and accrue vacation and sick leave, seniority credits and maintain insurance eligibility as though he or she was on the payroll. Any leave of absence granted under tlus provision is subject to the approval of the Aepartment Head. 15.6 Adoption Leave. In case of an employee adoption of a child up to five years of age, employees shall be permitted to carry over into the following fiscal year up to 80 additional hours of accrued vacation time each yeaz up to a total of 240 hours. For up to two yeazs from the date of the execution of this Agreement, employees may additionally borrow up to 80 hours of unaccrued vacation time from the next fiscal yeaz. . These two adoption provisions shall apply only to one City employee in the event that both adoptive pazents are City employees. 19 ARTICLE 15 - LEAVES OF ABSENCE (Continued) 15.7 Employees will be granted leaves of absence in accordance with the Family Medical ' Leave Act (FMLA). The employer agrees that under FMLA each eligible employee is entifled to take up to twelve (12) weeks of unpaid leave in any twelve month period for any of the following reasons: (According ta City policy, available sick leave must be supplemented for conditions specified as eligible for sick leave in this agreement). • Birth of a cluld of the employee and in order to caze for the child. • Placement of a child with an employee for adoption or foster care. • Take time off from work because of the employee's own serious health condition. • In order to care for the spouse, pazent or child of the employee when said spouse, parent or child has a serious health condition. 15.8 Matemity/Pazental Ieave. Matemiry is defined as the physical state of pregnancy on au employee, commencing eight (8) months before the esfimated date of childbirth, as deternuned 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 (2) year. Pregnant employees of the City of Saiat Paul shall be eligible for the use of paid sick � leave and unpaid leave of absence in the same manner as any other disabled or iIl City employee. Such paid sick leave eligibility�_;,hall begin upon certification by the employee's atiending physician that the employee is disabled in terms of her ability to perform the duties of her position. 15.9 A twelve (12) month Parental leave of absence without pay shall be granted to a naturat pazent or an adoptive pazent, who requests such leave ia conjunction with the birth or adoption of a child. Such leave may be exteaded an additional twelve (12) months by mutual agreement between the employee and the Employer. Refusal on the part of the Employer to grant an extensioa of such leave shall not be subject io the provisions of Article 9 of this Agreemeat. Employees who retum following such leaves of absence shall be placed in a position of equivalent salary and tenure as the one held just prior to the be�inning of their leave. ARTICLE 16 - NON-DISCRIMINATION 16.1 The terms and conditions of this Agreement will be applied to employees equatly without regazd to, or dis�mination for or aga;nct, any individual because of race, color, creed, sex, age, or because of inembership or non-membership in the Union. 16.2 Employees will perform their duties and responsibilities in a non-discriminatory manner � as such duties and responsibilities involve other employees and the general public. 20 ARTICLE 17 - LEGAL SERVICES ��9�� - 17.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the � Employer shall defend save hazmless and indemnify employee against tort claim or demand whether groundless or otherwise arising out of alleged acts or omission occurring in the performance or scope of the emgloyee's duties. 17_2 Notwitbstanding Article 17.1, the Employer shall not be responsihle for paying any legal service fee or for providing any legal service arising from any legal action where the employee is the Plaintiff. ARTICLE 18 - SENIORITY 18.1 Seniority, for the purpose of this Agreement, shall be defined as follows: The length of continuous, regulaz or grobationary service with the City Attorney's Office from the date an employee was first appointed to an attorney position represented by this bazgaining unit. 18.2 Seniority shall terminate when an employee retires, resigns, or is discharged. 183 In the event it is deternuned by the Employer that it is necessary to reduce the work force, employees will be laid off by class tiUe based on inverse length of City Attorney seniority as de£ned above. • i 8.4 When the number of employees in a higher title is to be reduced, employees in the higher fitles who have more City Attorney seniority than employees in lower titles which are in this bazgaining unit will be offered reductions to the highest of these tities to which City Attomey seniority wouid keep them from being laid off, before layoffs aze made in any class title. 18.5 Employees who have held class titles represented by this bargaining unit who subsequently accept appointments or assignments to attorney positions which aze not represented by this bargainuig unit shatl be allowed, in a11 cases, to return to the currently held or comparable class titie represented by this bargaining unit upon completion of such appointments or assignments. The two attorneys providing legal services in the azea of Labor Relations were allocated to the Senior Attorney classification as par[ of the February 18, 2000 classification study. Any Deputy City Attomey or Supervisor incumbents who have rights back into the bazgaining unit and who were not atlocated as part of the 2l18/00 study will be allocated to one of the new classes when and if they return to an appointmentlassigmnent represented by this bazgaining unit. Nothing in this section shail be consirued to negate any other agreements with regard to these employees. • 21 ARTICLE 19 - CITY MILEAGE Sections 19.1 - 19.4 aze effective for mileage reimbursement paid through 12/31/00. � 19.1 Automobile Reimbursement Authorized - Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, t12e following provisioas are adopted. 19.2 Mefhod of Compufation - To be eligible for such reimbursement, all officers and empIoyees must receive written authorization from the Depattment Head. Type 1- If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the ra2e of $4.04 per day for each day the employee's velucle is actually used in performing the dnties of the employee's position. In additioa, the employee shall be reimbursed $0.20 per mile for each mile actuaity driven. If such employee is required to drive an automobite during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reunbursed at the rate of $0.20 per mile driven and shall not be eligible for any per diem. Type 2- If an employee is required to U� Iuslher own automobile � REGULARLY during employment, tfie employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the empIoyee shall be reunbursed $0.20 per mile for each mile actuatly driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's vse but the employee desires to vse his/t�er own automobile, then the employee sball be reimbursed at the rate of $0.20 per mile driven and shall not be eligible for any per diem. 193 The CiTy will provide pazking at the Civic Center Pazking Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to have their personal caz available for City business. Such parking will be provided anly for the days the employee is required to have his or her own personal caz available. � 22 ARTICLE 19 - CITY MILEAGE (Continued) �` � y a" - 19.4 Rules and Regulations - The Mayor shall adopt rules and regulations goveming the � procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability inc�,ra.,ce in amounts of not less than $ I 00,000/$300,000 for personal injury, and $25,000 for property damage, or liability �ncnrance 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. Sections 19.5 - 19.7 aze effective for mileage reimbutsement paid in yeaz 2001 and beyond. 19.5 Chapter 33 of the Saint Paul Administrative Code shall be superceded for members of flus bargaining unit and replaced by sections 19.6 and 19.7 below. 19.6 To be eligible for mileage reimbursement, an empioyee must receive written authorization in advance from the Department Head. 19.7 When an employee is required to use his/her personal automobile to conduct autharized City business, the City shall reimburse the employee at the then current Federal I.R.S. mileage reimbursement rate on the most direct route. � 19.8 When an employee is required to pazk hislher automobile at on off-site location while conducting City business, the City shall reimburse the employee for the pazking expense. Nothing in this section shall be construed to authorize the City's payment of the employee's normal daily pazking expenses. ARTICLE 20 - DURATION AND EFFECTIVE DATE 20.1 Complete Agreement With Waiver of Bargaining. This Agreement shall represent the complete Agreement between the Union and the Employer. 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 azea of collective bazgaining, and that the complete understandings and agreements azrived at by the parties after the exercise of that right and opportunity aze set forth in this Agreement. Therefore, the Employer and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bazgain collecrively with respect to any subject or matter referred to or covered in this Agreement. � 23 �-9�� ARTICLE 20 - DURATION AND EFFECTIVE DATE (Continued) . 20.2 Except as herein provided this Agreement shal] be effective as of 7anuary 1, 200� and shall continue in fixll force and effect thru December 31, 2002, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify tlus Agreement sha11 notify the other in writing so as to comply with the provisions of the Public Employsnent Labor Relations Act of 1984. 203 This constitutes a tentative agreement between the parties which will be recommended by the Director of Labor Relations, but is subject to the approval of the Administration of the City, the City Council and is also subject to the ratification by the Union. WITNESSES C��C�J�C`L�L�li�li IJ � Katherine L. Megarry Labor Relations Director �3� Date LOCAL LTNION NO. 3757, DISTRICT COUNCIL NO. 14 OF THE AMEI2ICAN FEDERATION OF STATE, COUNTY AND Mi1NICIPAL EMPLOYEES LEGAL 1�.. �� : = - �- • � `� 1 - � � , k` �A1 , �cv� Gail L gfieid President 3-oU Date • I.'! APPENDIX A ocr 9' LJa : Salary ranges applicable to tides covered by this Agreement shall be as shown below: Effective 2/26/00 Job Class Associate Attorney Attorney Senior Attomey Effective 111lO1 (or closest Job Ciass Associate Attorney Attomey Senior Attorney Effective 1/1/02 (or closest Job Class � Associate Attomey � Attorney ; Senior Attorney Ranee Minimiun $40,500($1551.72) $51,500($1973.18) $61 Ranee Muumum $41,614 ($159439) $52,916 ($2027.44) $63,191 ($2421.12) Ranae Minimum $42,945 ($1645.41) $54,609 ($2092.32) $65,213 ($2498.60) Mid Point $52,750($2021.07) $66,800($255939) Mid Point $54,201 ($2076.65) $68,637 ($2629.77) $81,661 ($3128. Mid Point $55,935($2143.10) $70,833 ($2713.92) $84,274 ($3228.88) C� A - 1 Rante Maximum $65,000($2490.42) $82,100($3145.59) $97,450($3733.72) Ran¢e MaYimum $66,787 ($2558.91) $84,358 ($3232.09) $100,130 ($3836.40) Ran2e Maximum $68,925 ($2640.80) $87,057 ($3335.52) $103,334 ($3959.16) APPENDIX B- WORK SCHEDULES ��' 9 y a' �1.1 All bargaining unit employees aze exempt from the overtime pay provisions of the federal Fair Labor Standards Act and similar state legislation as professianal employees and are salaried employees of the City who are not compensated on an hourly basis. 12 The normal work schedule for fuil-time empioyees covered by this Agreement shall consist of a minimum of eighty (80) hours within each biweekly payroll period. Empioyees are generaily expected to be working during the normai business hours, weekdays between 5:00 a.m. and 5:00 p.m., or as otherwise established by the Employer for the empioyee's work group, subject to the leave provisions of this Agreement, and appiicable state and federal statutes. Due to the nature of their work, however, the job duties of persons in this bargaining unit may require the employees to work irregulaz hours, and work on holidays and weekends. Such work requirements are considered an integral part of the job. Therefore, maintaining consistent starting and quitting times and scheduling specific numbers of hours worked in any day or week may be impractical. Where their assigned duties and responsibilities permit, however, and where theiz Department Head or Supervisor approves, bazgaining unit employees may exercise reasonable and prudent discretion in scheduling or varying the normal business hours at which their work is performed. 1.3 Employees who work more than eighty (80) hours in a two-week payroli period may be granted compensatory time with the approval of their department head or his/her designee. If granted, compensatory time will be based on a straight time hour for hour basis for time that the supervisor approves. .1.4 Compensatory time off shall be scheduled and approved in advance. Employees and their supervisors shall diligently work together to schedule compensatory time off so that employees may make maximum use of their accrued compensatory time without unreasonably disrupting the business of the Employer. 1.5 Employees leaving the City or the City Attorney's Office must use up any accrued compensatory time and shall not be paid for it under any circumstances. l.b Employees and the Union accept the fact that employees are required to attend to the ethical obligations associated with the practice of law, must act to fuily serve the needs of their clients and aze obligated to observe scheduled court appeazances, depositions, agency and other scheduled meetings, and other such requirements of the practice of law, and agree that this provision affecting hours of work does not remove those requirements. 1.7 Decisions made or not made under this clause on any individual case aze not grievable or azbitrable. However, systematic or repeated decisions which aze contrary to the spirit of this Appendix may be grieved under the process set forth in Article 9. 1.8 The City and the Union agree that this modification of hours of work is experimental and shall not extend beyond the term of this Agreement unless both parties act affirmatively to renew or modify tYus clause in bazgaining for the next contract. • s - i APPENDIX C- MERIT PAY SYSTEM po- 4 �/a. • This letter confinns that the parties entered into the 2000-2002 agreement with the following intentions and expectations regazding the merit pay system: • The performance system and criteria used under this contract shall be the same performance system and criteria in place at the time of the signing of this agreement. • An employee's performance rating shall be based solely on the employee's performance and not on the financial situation of the City or the City Attorney's Office. • Although dependent on employee perfozmance, the percentage of employees rated at each performance rating is unlikely to change dramatically from the ratings issued over the past four years (1997-2000). • In the event that the percentage of employees rated below a`3' increases from the four-yeaz-auerage (1997-2000) by more than 10% of the number of employees in the bargaining unit; or in the event that the percentage of employees rated a`4' decreases from the four-yeaz-average (1997-2000) by more than 20% of the four-yeaz-average of `4' ratings; the Union could file a class action grievance alleging that the City has artificially decreased ratings inorder to garner cost savings. The Union shall bear the burden of proving allegations under this provision. • The City couid defend itself against such a grievance by demonstrating that performance ratings were based on legitamate performance problems or changes, as documented in the performance review process. If the City asserts such a defense, the City sha11 bear the burden of proving that the • performance ratings were based on legitimate performance issues. Ali of the above numbers are based on net changes in the numbers of employees rated at vazious levels. It is understood that the performance rating of individual employees may vary from year to year, based on performance. The City agrees to provide the Union with aggregate data indicating the number of employees rated at each rating level within 30 days after the performance ratings are completed each year. This letter in no way abridges the City Attorney's rights to evaluate perFormance as outlined in Article 10.4 of this Agreement. CITY OF SAINT PAUL erine L. Megany Labor Relations Director • Date �� 1 LOCAL UNION NO. 3757, DISTRICT COUNCIL NO. 14 OF THE AMERICAN FEDERATION OF STATE, COUNTY AND MCTNICIPAL EMPLOYEES LEGAL Date /U �3 - �v c-i . APPENDIX D - PLACEMENT AGREEMENT ' 1999 Associate biweekly Brown 1526.36 Gunderson 1484.9 Nefson 1484.9 Riley 1484.9 Sanville 1484.9 Stachmann 1484.9 Attomey DeWolf 1947.84 Doian 1947.84 Hunt 1700.19 Jerskey 1977.56 Krievans 1829.44 Larson 2703.92 McConaughey 1605.44 Mikhail 1792.96 Milier 1890.03 Peniand 2006.59 Pfohi 1792.96 Seasly 1718.11 Skarda 1638.92 Veith 1981.05 Weyandt 2867.42 Hanson 1024.12 �atet 811.59 Senior Christie 2420.72 Driscoll 2960.91 Garvey 3693.88 McCall 3326.31 Langfield 2145.81 Paimer 2956.59 Rofuth 3223.34 Warner 2420.72 1!1/00 biweekly 1572.15 1529.45 '1529.45 1529.45 1529.45 1529.45 200628 2006.28 175120 2036.89 1884.32 2703.92 1653.60 1846.75 1946.73 2066.79 1846.75 1769.65 1688.09 2040.48 2953.44 1054.84 835.94 2493.34 3049.74 3733.72 3426.10 2210.18 3045.29 3320.04 2493.34 uzs�oo biweekly 1612.36 1551.72 '155'1.72 1551.72 1551.72 1582.04 2165.i3 2165.13 1973.18 2101.15 2184.33 1973.18 1973.1 S 1973.1 S 2357.09 1973.18 1973.18 1973.18 2229.12 1060.17 986.59 2520.16 3094.10 2493.33 2557.70 9/23/00 1!1 /01 adjustmt' pre-COLA 3403.04 ' 2.5% discretionary adjustment agreed to by City Attorney in Faii 1999. • $2,703.92 $2,703.92 $2,703.92 1!1(01 2.75 COLA 1656.70 1594.40 'f 594.40 1594.40 1594.40 1625.55 2224.68 2224.68 2027.44 2158.93 2244.40 277828 2027.44 2027.44 2027.44 2421.91 2027.A4 2oz�.aa 2027.d4 2290.42 3Q34.66 1089.33 1013.72 277828 3179.19 3836.39 3520.32 2778.28 3129.03 3496.62 2778.28 a�- 9 ya D-1 ORIGINAL RESOLUTION OF SAINT PAUL, MINNESOTA Presented Referred To � Council File # oo - q� 9- Green Sheet # 10363_ Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and rarifies the attached 2 2000 - 2002 Collective Bargaining Agreement between the City of Saint Paul and AFSCME Local 3757-Legal. Requested by Depariment of: Adopted by Council: Date _� _ �� Adoption Certified by Council Secretary BY� �� — _�� — Approved by Mayo ' Date (y/',/ �� G�C/ By: ---------1� � Office of Labor Relations B Form Appr�ved by City ttomey sy: �--J ��`� C� t�, i s 1 d� Approved by M�or for Submission BY� i' X `�/�i ,. DEPARTA�NT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET No.• 10363 vO _��} ' •LABOR RELA September 28,2000 " . CONTACI' PERSON & PHONE: � p1'E - 7ry1Tiq1,/pq7yr JLTLIE KRAUS 266-6513 ASSIGN I DEPAffi'MENl' DIR 4 CCfYCOUNCQ. NUMBFdt 2CR'YATi'ORNEY � CIfYCLERK MUST BE ON CO[RYCII. AGENDA BY (DATE) FOR BUD('fiT DIIL FIN. & MGT. SERVICE DIIL October i l � 2�� O�ER r' 3 MAYOR (OR ASST.) � TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) �criorr te�Qi�sren: This resolution approves the attached 2000 - 2002 Collective Bazgaining Agreement between the City of Saint Paul and AFSCME Loca13757-Legal. � RECOMIv�NDA1TONS: P.pprove (A) or Reject (R) PERSONAL SERVICE CON112ACfS MUST ANSWER 1'fIE FOLLOWING QUESTIONS: PLANMNG COIvIIvIISSION _CIVIL SERVICE COMMISSION I. Has this person/Srm ever worked under a wntrzct for this department? CIB COMMITI'EE Yes No • STAfF 2. Haz this person/fim� ever been a city employee? _DISTRICT COURT Yes No SUPPORTS WFIICH CO[JNCIL OBIECTIVE? 3. Does this person/finn possess a skill not normally possessed by any cmrent city employee? Yes No Explain aIl yes answers on separa[e sheet and attach to green sheet INTTIATING PROBLEM, ISSUE, OPPORTI7NI'I'1 (Who, What, When, Where, Why): Coilective Bargaining Agreement expired December 31, 1999. ADVANTAGESIFAPPROVED: Collective Bazgaining Agreement effective through December 31, 2002. Implementaiton of new ciassification and merit pay system to improve recruitment and retention. DISADVANTAGES IF APPROVED� - None. . ° DISADVANTAGES IF NOT APPROVED: � ',r ^-, Further delays and disputes. Potential loss of stafF. TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTNII'Y NUMBER: FINANCIAL INFORMATION: (EXPLAIN) � RSB.��?(i�'e t�E-`,(4SCY f, � - � kj 00 - q�{ s- ATTACHMENT TO THE GREEN SHEET COLLECTIVE BARGAINING AGREEMENT WITH AFSCME LOCAL 3757- LEGAL Below is a suuimary of the changes in the Collecfive Bazgaiiiing Agreement between the City of Saint Paul and AFSCME 3757 - Legal. Durafion• January 1, 2000 through December 31, 2002. (3 year contract) Imnlementation of new ciassification system: Agreement was reached to place employees in the new classifications/salary ranges established by the Classification Study completed by Human Resources in February 2000. This classification system condenses the current eight classes to three classes (Associate Attorney, Attorney, Senior Attorney). As part of this agreement, each employee's salary rate will be raised (if necessary) to the minimum of their new salary range. Additional equity adjustments were also agreed to. Most of the new pay rates will be effective 2/26/00. Wages! across-the-board increases: Jan. 1, 2000: The increase for 2000 was used to fund the implementation of the class study. Jan. 1, 2001: 2.75 % increase Jan. 1, 2002: 3.2 % increase Enhanced merit �av system: Beginning with the performance reviews that will be completed in July 2001, employees will be eligible to receive merit pay wage increases tied to the employee's rating on his/her annual performance review. Employees rated as having outstanding perforxnance will receive an increase of 4% of the midpoint of their salary range. Employees rated as having satisfactory performance will receive an increase of 2.5% of the midpoint of their salary range. There will be no merit increase for employees rated as less than satisfactory. The existing merit pay system was not as closely tied to the employee's performance rating and was not funded at a level that guaranteed the payments described above. Insurance• The insurance contribution increases follow the same pattern as previously negotiated agreements with other bargaining units. 2000 Single: Family: 2001 Single: Family: $289.83 $312.47 plus increase in single premium/month =$330.84 $289.83 $330.84 plus the increase in single insurance up to $40.00. If the increase is more than $40.00, the City will pay 50% of the excess over $40.00. 00 _�y�- aaoz Single: $289.83 Family: The 2001 faxnily conlribution plus 60% of the family premium increase for 2002 up to $60.00. If the increase exceeds $100 the City will pay 40% of the excess increase. Career opnortunity language: Language added to provide employees with more cleaz opportunities to express interest in vacancies and to file petitions for reclassification evaluations. Language also added regazding salary administration for h�ansfers and promotions. Milea�e• Effective with mileage reimbursement paid in year 2001, this unit will no longer use the per diem/20 cents/mile system and will instead be reimbursed at the current federal IRS mileage reimbursement rate. This change will greatly ease the administration of ttus program, sauing costs and effort by payroll staff. Flexible Spending Account: Employees will no longer be charged for participating in this program. Other laneuag_e changes: Other language changes (including rewrites of severance pay, maternity/paternity leave, leave of absence, sick leave, insurance and seniority articles) are of a housekeeping nature for clarification and clean up. r : �� . � � � � - � � ' . 2000=�002 ` � � � - _ � � . � °COL�.ECTIVE�BARGf1INING AGR�E�Ni�l�iT � � _ � .. . �� _ bet�ve�e�= _ ; f �c�� eT�� o�. s��r p�ui ~ and,- _ �sc�� Loe� �xs�-L�G�. , ,_ _ � - __ - _ � cb-q�a � INDEX ARTICLE TITLE PAGE Preamble ................................................. ii 1 Recognition ................................................1 2 Severance Pay ..............................................1 3 Management Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Assignment of VJorklFilling of Vacancies . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Residence ..................................................6 6 Check Off ..................................................7 7 Discipline ................................................. 7 8 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Grievance Procedure ........................................ 8 10 Wages/MeritPay ...........................................10 I1 Saving Clause ..............................................12 � 12 Insurance .................................................13 13 Vacation ..................................................17 14 Holidays ..................................................18 I S Leaves of Absence (including Maternity/Paternity Leave) . . . . . . . . . . . 18 16 Non-Discrimination .........................................20 17 LegalServices .............................................21 18 Seniority ..................................................21 19 City Mileage ...............................................22 20 Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Appendix A - Salary Ranges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Al Appendix B - Compensatory Tnne . . . . . . . . . . . . . . . . . . . . . . . . . . . . B1 Appendix C - Merit Pay System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CI Appendix D - Placement Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . D 1 • i 00-9 ya r PREAMSLE This Agreement entered into between the City of Saint Paul, hereinafter refened to as either the "Employer" or the "City," and the A.F.S.C.M.E. Loca13757-Legal hereinafter referred to as the Union, for the purpose of fostering and promoting harmonious relations between the City and the Union in order that a high level of public service can be provided to the citizens of the City. This Agreement attempts to accomplish this purpose by providing a fuller and more � complete understanding on the part of both the City and the ilnion of their respective rights and responsibilities. The provisions of this Agreement sha11 not abrogate the rights and/or duties of the Employer, the Union, or the employees as established under the provisions of the Public Empioyee Labor Relations Act of 1984, as amended. � ii ARTICLE 1- RECOGIVITION � I.1 The City recognizes the Union as the exclusive representative for AFSCME Local 3757-Legal, as certified by the State of Minnesota Bureau of Mediation Services, dated July 29, 1998, Case No. 77 PCL-48. 'i'fiis unit above consists of attomeys employed in the City who serve in the following job classifications: Associate Attorney Attomey Senior Attorney 1.2 Employees employed in the above class titles and assigned to wnfidential and/or supervisory positions are not included in ttus Agreement. 13 It is recognized that temporary employees aze within the unit covered by this Agreement if they work for more than 67 days per calendar year or aze anticipated upon hire to be employed greater than 67 days, and meet the hours requirements of Minnesota Statutes 179A.03, subd. l4. A temporary employee, for purposes of this contract, is a person employed to fill a position of a specific limited duration, not to exceed one yeaz. Temporary employees shall not be eligible for vacation accrual, holiday pay, sick leave accrual, health or other insurance premium contributions by the Employer, except as are specificaily provided for elsewhere in tlus Agreement. � ARTICLE 2 - SEVERANCE PAY 2.1 General. The Employer shall provide three (3) severance pay plans as set forth in this Article. The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. Severance pay program(s) shall be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this article shall control. 2.2 Eligibility. Any employee krired on or before December 31, 1983 may, upon meeting the qualifications of this article or City Ordinance No. 11490, as aznended by City Ordinance No. 16303, section 1, section 6, draw severance pay under the terms of any of the three severance plans described in this article. Any employee hired after December 31,1983, but on or before October 29, 1988 is eligible to participate only in Plan 2 or Plan 3 as set forth in this article. Any employee hired after October 29, 1988 is eligible to participate only in Pian 3 as set forth in this article. The election by the employee to draw severance pay under one of the plans for which slhe is eligible shall be made at the time of sepazation from service_ Such election shall be irrevocable and the election of one of the plans shall baz the employee from eligibility to receive benefits under any of the other severance plans. lJ ARTICLE 2 - SEVERANCE PAY (Continued) 23 Plan 1. Plan 1 is the severance pay plan described in Ordinance No. 11490, as amended � by Ordinance No. 16303. 2.4 Plan 2. In addition to the eligibility requirements set forth above, an employee must meet the foliowing requirements to receive a beneft under Plaa 2: 2.4(1) The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions of the Public Employees Retirement Association (PERA). The "rule of 85" or the "rule of 90" criteria shall also apply to employees covered by a public pension glan other than PERA. 2.4(2) The employee must be voluntarily separated from City employment or have been sabject to separation by layoffor compulsory retirement. Those employees who aze discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. For the purpose of this severance program, a death of an employee shall be considered as separation of employmern, and if the employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay will be made to the employee's estate or spouse. � For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eIigible for tfie City severance program. 2.4(3) The employee must have at least ten (10) years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this Article, employment in either the City or in the Independent School District No. 62S may be vsed in meeting this ten (10) year service requirement. 2.4(4) The employee must file a waiver of reemployment with the D'uector of Human Resources, which will cleazly indicate that by requesting severance pay, the employae waives all cIaims to reinstatement or reemployment (of any type), with the City or with Independent Schoot Distzict No. 625. 2.4(5) T'he employee must have accumutated a minimum of sixty (60) days of sick leave credits at the time of lus separation from service. C � J 2 oo- �t `�'�. ARTICLE 2 - SEVERANCE PAY (Continued) 2.4(6) If an employee requests severance pay and if the employee meets the � eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the amployee on the date of separation for each day of accrued sick leave subject to a max;T„um of $6,500. 2.5 Plan 3: In addition to the eligibility requirements set forth above, an employee must meet the following requirements to receive a benefit under Plan 3: 2.5(1) The employee must be voluntarily separated &om City employment or have been subject to separation by layoff or compulsory retirement Those employees who aze discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. For the purgose of ttris severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay shall be made to the employee's estate or spouse. For the ptupose of this severance program, a transfer from the City of � Saint Paul employment to Independent School District No. 625 employment is not cansidered a sepazation of employment, and such transferee shai] not be eligible for the City severance program. 2.5(2) The employee must file a waiver of reemployment with the Human Resources Director, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 2.5(3) The employee must have an accumulaied balance of at least eighty (80) days of sick leave credits at the time of his separation from service. 2.5(4) If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she wiil be grauted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subj ect to a maximutn as shown below based on the number of years of service in the City: . 3 ARTICLE 2 - SEVERANCE PAY (Continued) Yeazs of Service with the City At Least 20 21 22 23 24 25 Maximum Severance Pay $5,000 $6,000 $7,000 $8,000 $9,000 $10,000 � ARTICLE 3 - MANAGEMENT RIGHTS 3.1 The iJnion recognizes the right of tfie Employer to operate and manage its affairs in all respects in accordance with applicabte laws and regulations of appropriate authorities. The rights and authority which the Employer has not officially abridged, delegaYed, or modified by this Agreement are retained by the Employer. 3.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, wlrich include, but are not limited to, such areas of discretion or policy as the functions and programs ofthe Employer, its overail budget, utilization of technology, and orgaui7ational structure and selection and d'uection and number of personnel. 3.3 Employees may request in writing that the City Attomey consider a job-sharing anangement. The City Attomey shall be free to deny or approve such proposed arrangements at Ius/her sole discretion. If approved, both job-sfiazing employees must agree to the arrangement for its unplementation. If so appmved and agreed to, vacation, holiday, and sick leave beaefits for the position shall be prorated based upon the hours each employee is assigned, but in no case may any employee work less than 50 percent rime. Health inswance benefits shall be administered in accordance with Article 12. In the event that one of the employees is terminated or terminates employment, the Employer may with 10 calendar days notice, increase the remaining empIoyee's work hours. Sflould tiie City Attorney determine that the arrangement does not meet work needs of the office, he/she may return both employees to full-tune with 30 calendaz days notice. No aspect of these artangements, including the approval or denial, is subject to either the grievance or azbitration procedure. � � 4 00 -95�a. • ARTICLE 4- ASSIGNMENT OF WORK/ FILLING OF VACANCIES _ 4.1 The City Attorney retains the inherent managerial right to assign work and fiil vacancies. . These management decisions aze not subject to grievance or arbitration. 4.2 Classifzcation Specifzcations. Each position represented by this bazgaining unit shall be assigned to one of three job classes (Associate Attomey, Attomey, Senior Attorney) as defined by the advisory class specifications which shall include such information as the description of the duties normally associated with the classification, the competencies normally demonstrated by the incumbents, and the m;nimum quaiifications for the classification. These classification specifications aze subject to modification by the City Attomey at hislher discretion and aze not grievabie/arbitrable. 43 Yacancy. A vacancy exists when a new position is created, or when an incumbent uansfers or permanenUy sepazates from a position that is represented by this bazgaining unit. The City Attomey maintains the right to deternvne when a vacancy exists, the classification of the vacancy, and retains the right to fill the vacancy, reassign the duties of the vacancy among other positions or eliminate the duties of the vacancy. 4.4 Notification. The City Attomey or his(her designee, agrees to grovide a general notification to current employees by e-mail or other suitable means of a vacancy which the City Attorney intends to fill and to permit employees to express interest in the vacancy. Such notification shall include: a description of the duties assigned to the vacant position, the classification of the position, the timelines for eacpressing interest in � the position, the selection process and, to the extent not included in the class specification, the m;n;mum and preferted qualifications for the position. 4.5 Expression of interest Employees expressing an interest in a vacancy will be given consideration for the position, and will be provided an interview if they meet the minimum qualifications listed for the vacant position. 'The final decision on whether an employee meets minimum qualifications or is appointed to a vacancy is the City Attomey's and may not be grieved or arbivated. 4.6 Unsuccessful candidates. An employee who is not granted an interview, or who is granted an interview for a vacancy but not selected shall, upon request, be granted a foliow-up meeting to discuss the reasons for non-selection. 4.7 Probation. An internal candidate who is selected to fill a vacancy in a higher classification shall serve a probationary period of twelve months in the new job class. If the employee successfully completes the probationary period, sliie shall be classified into the higher class. If slhe does not successfully complete probation, slhe may retum to his/t�er prior job classification. 4.8 Reclassification. Nothing in this sec6on 4.8 should be construed to limit the City Attomey's discrerion to reclassify positions at any time. • ARTICLE 4- ASSIGNMENT OF WORK/ FILLING OF VACANCIES (Continued) 4.8.1. Guideline. An employee is presumed to be working wiYhin the correct � classification if the employee's m;n+Tr,um qoatificaflons, level of expertise, and at least fiRy percent (50%) of his/her regulazly assigned duties aze those normally associated with his/herjob class. 4.8.2. Petition for reclass�cation evaluation. The Union may file a petition for reevaluation of the job class of an empIoyee wfio befieves in good faith that the employee's level of expertise and mare than fi€ry percent (50%) of his/her regularly assigned duties are those commonty attributed to a higher classification and that s/he meets the m;n;miun qualifications for the higher classification. Such a petition may not be filed within one yeaz of a prior petition and must be submitted to the Office of Human Resources, with a copy to the City Attomey. 4.8.3 Evaluation by Human Resources Of,�'ice. Once a petition for reevaluation has been filed, the Office of Human Resources shall conduct an evaluation of the position and issue a written recommendation as to whether recIassification is appropriate. Whenever possibte, the Human Reso�ces Office shatt attempt to complete the evaluation within 90 days of receipt of a petition. 4.8.4 Implementation by CityAttorney s Office. Prior to 1/1/02, the recommendation of the Human Resources Office as to the allocation of a position shall be advisory to the City Attorney and shall not be binding on the City Attorney. Effective 1/1/02, � if the Human Resource Office recommendation is to reclassify the position upwazd, the City Attomey must either reclassify the position or eliminate from the position tfiose duties that are not consistent witIi the employee's existing classification. The City Attomey's cfioice between reclass�cation or elimination of duties shall not be grievabte/arbitrabte. If the decisioa to reclassify the position leads to a pay increase for the employee, such pay iacrease shall beeome effective the beginning of the first pay period following the written recommendation by the Office of Human Resources. ARTICLE 5 - RESIDENCE 5.1 Employees covered by this Agreement shall have no residency requirements or restrictions. � � � cx�- 4 Y�, C , J ARTICLE 6 - CHECK OFF 6.1 The Employer agrees to deduct the Union membership uutiation 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 deduetions aze made ot as soon thereafter as is gossible. 6.2 Any present or future employee who is not an Union member shall be required to contribute a fair share fee for services rendered by the Union. Upon notification by the Union, the Employer shall check off said fee from the eamings of the employee and transmit the same to the Union. In no instance shall ffie required contribution exceed a pro rata shaze of the specific eacpenses incurred for services rendered by the representative in relarionship to negotiations and administration of grievance procedures. It is also understood that in the event the City shall make an improper fair shaze deducfion from the eamuigs of an employee, the Union shall be obligated to make the City whole to the extent that the City shall be required to reimburse such employee for any amount improperly withheld. Tlus provision shall remain operative only so long as specifically provided by Minnesota law, and as otherwise legal. 6.3 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, order 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. ARTICLE 7 - DISCIPLINE 7.1 The Employer may discipline employees in any of the forms listed below: 7.1(1) Oral reprimand; 7.1(2) Writtenreprimand; 7.1(3) Suspension; 7.1(4) Demotion; 7.1(5) Discharge The Employer will discipline for just cause only. � 7.2 Discharges will be preceded by a five (5) working day preliminary suspension without pay. During said period the employee and/or Union may request, and shall be entifled to a meeting with the Employer representative who initiated the suspension with intent to dischazge. During the five (5) day period, the Employer may affirm the suspension and dischazge in accordance with Civil Service Rules or may modify, or withdraw same. 7 A.RTICLE 8- STRIKES, LOCKOUTS, WORK INTERFERENCE 8.1 T'he Union and the Employer agree that there shall be no strikes, work stoppages, slow-downs, sitdown, stay-in, or other concerted interference with the Employer's � business or affairs by said Uaion and/or menebers thereof, and there shall be no bannering during the eafistence of tlris Agreement without first using all possible means of p�aceful settlement of any controversy wYuch may atise. Employees engaging in same shall be liable for disciplinary action. 8.2 No lockout, or refusal to allow employees to perform available work, shall be instituted by the Employer and/or its appointing authorities during the life of this Agreement. ARTICLE 9 - GRIEVANCE PROCEDURE 9.1 A grievance is defined as a dispute or disagreement as to the interpretation or appiication of the specific tetms and conditions of this Agreement The procedure established by this ArticIe shatl be the soIe and exclusive pmcedure for the processing of grievances. However, this Article does not abridge grievance rights possessed by eligible veterans under applicable veterans' rights statutes. 9.2 The Employer will recognize representatives designaied by the Union as the grievance represenratives of the bargaining unit having the duties and responsibi�ities established by this Article. The Union shall notify the Employer in writing of the names of such Union Representatives and of their successors when designated. The Employer shall notify the Union in writing to its designated representatives. � 93 It is recognized and accepted by the TJnion and the Employer 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 normal working hours when consistent with such employee duties and responsibiIities. The aggrieved employee and an Union Representative shall be atiowed a reasonable amount of time without Ioss of pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and Union Representative have notified and received the approval of desigaated supervisor and provided that such absence is reasonable and would not be detrimental to the work programs of the Employer. It is understood that the Employer shall not use the above limitation to hawper the processing of grievances. 9.4 Grievances, as defined by Section 9.1, shall be resolved in wnformance with the following procedure: Step 1. An empIoyee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (2I ) catendar days after such alleged viotation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer-designate@ representative will discuss and give an ans�ver to such Step 1 grievance within ten {10) calendar days after receipt. A � grievance not resolved in Step i and appealed to Step 2 shatl be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the 8 ARTICLE 9- GRIEVANCE PROCEDURE (Continued) �_ y � remedy requested, and shall be appealed to Step 2 by the Union within _ fifteen (I S) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by � the L3nion within fifteen (15) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Union Employer's Step 2 answer in writing within ten (10) calendar days following the Employer-designated representative's fmal Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the Union the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. � Step 4. A grievance unresolved in 5tep 3 and appealed to Step 4 by the Union shali be submitted to azbitration subject to the provisions of the Public Employtnent Labor Relations Act of 1971, as amended. 1'he arbitration proceedings shall be conducted by an azbitrator to be selected from a permanent panel of five (5) azbitrators. Arbitrators shall be selected by lot within twenty (20) work days after notice has been given. In the event the Employer and the Union cannot mutually agree to five (5) azbitrators for the permanent panei, the parties will petition the Director of the Bureau of Mediation Services for a list of ten (10) azbitrators for each panei member for which the parties didh list(s), the Employer striking first, until one (1) name remains. Vacancies occurring on the permanent panel during the life of this Agreement shall be filled by mutual agreement of the parties. If the pazties cannot mutually agree, the vacancy shall be filled by the process noted in the preceding pazagraph. Step 5. The arbivator shall have no right to amend, modify, nullify, ignore the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in � anyway the application of laws, rules, or regulations having the force and effect of law. The azbitrator's decision shall be submitted in writing, copies to both parties and the Bureau of Mediation Services within thirty G] ARTICLE 9 - GRIEVANCE PROCEDURE (Continued) (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an eactension. ` The decision shatl be binding on both the Emptoyer and the Union and � shall be based solely on the azbitrator's interpretation or application of the express terms of this Ageement and to the facts of the grievance presented. 9S The fees and expenses for the azbitrator's services and proceedings shall be bome eqval�y 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 ii pays for the rewrd. If both parties desire a verbatim record of the proceedings the cost shall be shared equaily. 9.6 If a grievance is not presented within the time limits set forth above, it shali be considered "waived". If a grievance is not appealed to the next step witbin the specified time limit or any agreed eactension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the LJNION may elect to �eat the grievance to the next step. The time limit in each step may be eatended by mutual written agreement of the Employer and the Union in each step. ARTICLE 10 - WAGES/MERIT PAY 10.1 Implementation of classification study, 2/26/00. Bazgaining unit members employed by the City Attorney's Office as of the final date of signing of this labor agreement shall be allocated to the classification and corresponding salary range indicated in the February 18, 2000 Final Allocation report (and/or final reconsideration report) issued by the Office of Human Resources. Employees shali convert to their new classification/salary range, effective February 26, 2000. For the merit raises that would normally be due for the July 1999 - June 2000 performance period, the City Attorney agrees to suspend his discretion to awazd merit pay and to utilize the eatire amount to help fund the implementation of the classification study. 10.2 Internal equity adjustments mrd/or general zncreases for non-impacted employees, 1/I/00 and, 2/26/00. In conjunction with 10.1 above, general increases and/or equity adjustments/placements agreed to by the pazties at negotiations wiIl be paid retroactive to either 1/1/00 or 2/26/00 for time worked or paid up to the date of execution, based on the placement chart agreed to by the pazties and actached hereto as Appendi�c D. These additional increases/adjustments/placements sfiall be added to individual employee saiaries and shall not change the satary ranges established under 10.1 above. � � 10 ARTICLE 10 - WAGES/MERIT PAY (Continued) Internal equity adjustments, 1/1/01. The final three equity adjustments agreed to by the - parties shall be made, effective 1/1/01 (or closest pay period) based on the placement � chart agreed to by the parties as shown on Appendix D. Such adjw`'hments shall be made prior to the calculation ofthe 1/1/01 general wage adjustment. 103 General wage adjusrnzent, 1/1/01. Effective January 1, 2001 (or closest pay period) all salary rates applicable to individuals in this bazgaining unit (as well as the m;nimum, midpoint and masimum rates for each salary range) shall be increased 2.75%. 10.4 Merit-based increases, 7/1/2001, 7/1/2002. Beginning with the 7/2000-6/2001 performance evaluations, the City Attomey shall determine wluch members of this hargaining unit shall be entifled to merit pay each perfotmance evaluation year (July- June). This determination shall be based on the emgloyee's performance rating for the entirety of the previous year. (The City Attomey retains the right to detemvne how and when to administer merit-based increases for employees who have not been employed in the City Attorney's Office for the entirety of the evaluation period). Such merit pay raises shall be effective on the first full pay period following July 1 st of each year, and shall be for the amounts listed below, based on the "mid point" for each classification as defined and listed in Appendix A: Performance rating 4. Level � 3. Level 2. Level 1. Level 4.0% of midpoint added to base 2.5% of midpoint added to base 0 0% All merit increases will be calculated as a percentage of the midpoint of the salary range assigned to the employee's class tiUe. An employee's base salary shall not be increased above the salary range maximum for his/her title. If the merit increase awazded would result in an increase above the salary range maximum, the employee's base salary will be adjusted to the range maximum and the balance of the increase will be paid to the employee in a lump sum. If employee is at the salary range maximum, the entire merit based increase will be paid to the employee in a lump sum. The City Attomey shall make a reasonable good faith effort to have performance evaluations completed by July t of each applicable yeaz. If for some reason, the evaluations aze not complete, merit increases shall apply retroactively to the first full pay period after 7uly 1 st of that year. The substantive judgement of the emgloyee's supervisor regarding the employee's performance shall not be subject to the grievance procedure of this agreemant nor shall it be sub,}ect to azbitration. � 11 ARTICLE 10 - WAGES/MERIT PAY (Continued) 10.5 City Attorney adjustments. The City Attorney reserves the right to increase salaries during the mid-term of the Agreement for intemal promotion, equity treatrnent, � assumption of increased responsibility or authority, employee retention or other business-relaYed reasons. The decision of Yhe City Attoaaey, both as to the amouni of such merit raise and as to the method by which it shall be given, shalt be at the sole discretion of the City Attorney aad shalt not be subject to the grievance procedtue of dus ageement, nor shall it be subject w azbitration. 10.6 General wage adjustment, 1/1/02. Effective January 1, 2002 (or closest pay period) all salary rates applicable to individuals in this bazgaining unit (as weil as the minimum, midpoint and maximum rates for each salary range) shall be increased 3.2% percent. 10.7 Salary upon class change - reallocation or promotion to a higher class. Upon reallocarion or promotion to a higher class, an employee shall normally receive a salary increase of at least 4% or shall be moved to the bottom of the new salary range (whichever is greater). A higher salary increase may be granted at the discretion of the City Attomey aad skall not be subject to the grievancelarbittation procedure of this agreement. 10.8 Salary upon position change within the same class�cation. An empIoyee's salary zate sha11 not be changed upon transfer from one position within a classification to another position within the same classification, except as deemed necessary by the City Attomey under 10.5 above. '_ 0.9 Salary upon cicrss change to a lower titZe. An employee wbo is demoted/laid � off/reallocated to a lower class for any reason other ihan demotion for cause shall retain his/her current rate of pay un]ess that rate is higher than the range maximum for tlze new classification. In that case, the employee's pay rate shall norma�ly be adjusted to the maxiruum for the new lower classi&cation. Exceptions to this generai rule (i.e., to atlow the pay rate to remain above the maximum) shati be made at the discretion of the City Attorney. ARTICLE 11- SAVING CLAUSE 111 This Agreement is subject to the laws of the United States, the State of Ivlinnesota. In the event any provisions of this Agreement shall be held to be contrazy to law by a court of competent jurisdiction froirt whose final judgment or decree no appeat has been taken within the time provided, such provisions shall be voided. All other provisions shall continue in fuil force and effect. The voided provision may be renegotiated at the written request of either party. AIl other provisions of this Agreement shail continue in fuIl force and effect. � 12 �-�y� ARTICLE 12 - INSURANCE , Retiree Insurance 12.1 Employees who retire must meet the following conditions at the time of retirement in order to be eligible for the Employer contributions, listed in Sections 12.2 throug� 12.5 below, toward a health inc,�rance plan affered by the Employer: 12.1(1) Be receiving benefits from a public employee retirement act at the time of retirement, and 121(2)Have severed his/her relationship with the City of Saint Paul for reasons other than misconduct, and 12.1(3)Have completed at least 20 years with the City of Saint Paul. Early Retirees 12.2 This Section shall apply to full time employees who: 12.2(1)Retire on or after January 1, 1996, and 12.2(2) Were appointed on or before December 31, 1995, and 12.2(3)Have not attained age 65 at retirement, and 12.2(4)Meet the terms set forth in Section 12.1 above, and � 12.2(5) Select a health insurance plan offered by the Employer Until such employees reach sixty-five (b5) yeazs of age, the Employer agrees to contribute a maximum of $350 per month towazd the cost of single or family health insurance covarage. Any unused portion of the Employer's contribution shall not be paid to the retiree. When such early retiree attains age 65, the provisions of Section 12.4 will apply. 12.3 This Section shall apply to full time employees who: 12.3(1)Retire on or after January 1, 1996, and 123(2) Were appointed on or after January 1,1996, and 123(3)Have not attained age 65 at retirement, and 12.3(4)Meet the conditions of Section 12.1 above, and 723(5) Select a heatth insurance plan offered by the Employer. Until such retirees reach sixty-five (65) years of age, the Employer agrees to contribute a maximum of $300.00 per month towazd the cost of single or family health insurance coverage. Any unused portion shall not be paid to the retiree. When such eazly retiree attains age 65, the provisions of Section 12.5 shall apply. C� 13 ARTICLE 12 - INSURANCE (Continued) Regular Retirees {Age 65 and over) 12.4 This Section shall apply to futl time employees who: 12.4(1)Retire on or after January 1,1996, and 12.4(2) Were appointed on or before December 31,1995, and 12.4(3)Have attained age 65 at retirement, and 12.4(4)Meet the terms set forth in Section 12.1 above, and 12.4(5) SeIect a health insurance plan offered by the Employer The Employer agrees to contribuYe a maximum of $550.00 per month toward the premium for single or family heaith insvrance coverage offered by the Employer to regular retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Section shall also apply to early retirees who retired under the provisions of Section 12.2 when such retirees attain age 65. 12.5 This Section shall apply to full time employees who: 12.5(1)Retire on or after January 1, 1996, and 12 5{?,; Were appointed on or after 3anuary 1,1996, and 1L.�(3)Have attained age 65 at retirement, and 12.5(4)Meet the conditions of Section 12.1 above, and 12.5(5) Select a health in�,�rance plan offered by the Employer. The Employer agrees to contribute a maximum of $3D0.00 per month toward the cost of single or family health insurance coverage offered Yo regulaz retirees and their dependents. Any auused portion shall not be paid to the retiree. This SecYion shall also apply to early retirees who retired under the provisions of Section 123 when such eazly retirees attain age 65. 12.6 If an employee does not meet the conditions of Section 12.1(3), helshe may purchase single or family health insurance coverage through the Employer's in��rce grogram. The totat cost of such insurance coverage shatl be paid by the retiree. Any employee who is receiving a PERA disabiiity benefit, or who is efigible for or receiving a retirement annuity from a Minnesota public pension plan, may continue to participate indefinitely in the City's group medicat insurance ptan at fiis/her own e�ense. � � n, �I 14 c�o- 9y�. ARTICLE 12 - INSURANCE (Continued) � 12.7 A retiree may not carry his/her spouse as a dependent if such spouse is also a City retiree or City employee and eligible for and is enrolled in the City health insurance program. 12.8 A retiree's participation in the City's health �r�*�nce plan must be continuous. Tf�e retiree must be participating in a City health insurance plan at the tune of retirement. If a retiree chooses not to participate at the time of hislher retirement or if a retiree discontinues his/her participation at a later date, such retiree will not be eligible for any future participation or for any Employer con�ibution. Survivor Insurance 12.9 The surviving spouse of an employee cazrying faznily coverage at the time of hislher death due to a j ob connected injury or illness which was determined to have arisen out of and in the course of hisfher employment under worker's compensation law sha11 continue to be eligible for city contribution in the same proportions as is provided for retired employees. In the event of the death of an eazly retiree or a regulaz retiree, the dependents of the retiree shall have the option, within thirry (30) days, to continue the current hospitalization and medical benefits which said dependents previously had, at the � premium and Employer contribution accorded to the eligible deceased retiree. It is further understood that coverage shall cease in the event of: 12.4(1) Suhsequent remarriage ofthe surviving spouse of the deceased employee or retiree. 12.9(2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Bmployer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. Active Employee Insurance 12.10 For full-time employees who select single health insurance coverage, the Employer agrees to contribute $289.83 per month. For three-quarter time employees who select single health insurance coverage, the Employer's contribution shall be $21737 per month. For half-time employees who select single health insurance coverage, the Employer's contribution shall be$144.92 per month. For full-tune employees who select fanuly heaith insurance coverage, effecrive for the . January, 2000 insurance premiums, the Empioyer agrees to contribute $312.47 per month plus an amount equal to the increase in the single premium per monffi. (Yeaz 2000 single premium increase is $18.37 for a total full time family gremium of $330.84 per month). 15 ARTICLE 12 - INSURANCE (Continued) For futl-time employees who setect famiiy heatth insurance coverage, effective for the January, 2001 in.c�ra„ce premiums, the Employer agrees to increase its prior year's contribution by an amouat equal to the increase in the single premium, up to $40.00 doliars per month. If the increase in the single premium exceeds $40.00 per month, the employer agrees to further inerease the contribution by 50% of the excess increase. For full-time employees who select family health insurance coverage, effective for the January, 2002 insurance premiums, the Employer agrees to increase its prior yeaz's contribution by an amount equal to 60% of the increase in the family premium up to $60.00 per month. If the increase in the family prearium exceeds $100.00 per month, the employer agrees to further increase the contribution by 40% of the excess increase. For three-quarter time empIoyees who seIect family heahh insurance coverage, the . Employer agrees to contribute 75% of the contribution provided to futl-time employees per month. For half-time employees who seiect family heaith insurance coverage, ttie Emp2oyer agrees to contribute 50% of the contdbution gmvided to fu11-time employees per month. ❑ If the number of health plans iacreases, the contribution increases will be based on the plan that is most similaz to the plan available during the prior yeaz. Employees shal? not use pre-t� Employer contribution in�+�*ance dollazs for the purchase � of long term or short term disability coverage. Part-time empioyees who are permanently appointed to a fuli-time (80 hours per biweekly period) posirion after the commencement o£the plan yeaz, shall be made eligible for the full-time benefits after they have completed at least forty hours in a monthly qualifying pay period as a full-time empIoyee. FuII-fime empIoyees who are permanently appointed to a patc-time (less tfian 80 hours per biweekly period) position after tiie commencement of the plan yeaz shalt be reduced to the benefit level applicable for the hours scheduted by the department. Such reduction shail take effect on tlte first month the employee does not complete a monthly qualifying pay period as a full- time employee. 12.11 For the purpose of this Article, full-time empioyment is defined as appearing on the payroll an average of at least 32 hours per week for the twelve (12) month period preceding the annual open enmllment or special enrollments or the six (6) month period preceding initiat enrollment Three-quarter time employment is defined as appearing oa the payroll an average of at least 26 hours per week but less than 32 hours per week for the twelve (12) month period preceding the annual open enrollment or speciat enrolIments or the six (6} month period preceding initiai enrollment. • 16 cxr-9 y � � ARTICLE 12 - INSURANCE (Continued) Half-rime employment is defined as appearing on the payroll an average of at least 20 hours per week but less than 26 hours per week for the twelve (12) month period preceding the annuai open enrollment or special enrollments of the six (6) month period preceding initial enrollment. 12.12 Under the "Cafeteria Plan" all eligible employees regazdless of the number of average hours worked must select at least single coverage hospital-medical in�,�ra.,ce and employee life insurance in an amount $5000. Any unused portion of the Employer's contriburion, for which an employee is eligible, is defined as unused benefit dollazs, not salary, and shall be paid to the employee as taxable income. Such payment will be made by January 15`� of the following year. For employees who terminate their employment with the City of Saint Paul, such payment shall be made within 90 days following ternunation. 12.13 The contributions indicated in this Article 12 shali be paid to a third party administrator and shall not be considered salary. ►J . ARTICLE 13 - VACATION 13.1 Vacation credits shall accumulate at the rates shown below for each full hour on the payroll, exclu�.ing overtime. Yeazs of Service 1 st yeaz thru 8th yeaz 9th yeaz thru 15th yeaz 16th year and thereafter Hours of Vacation .0577 (15 days) .0770 (20 days) .0962 (25 days) 13.2 The head of the department may permit an employee to carry over into the'bacation year" up to one hundred twenty (120) hours of vacation. For the purpose of this article the "vacation year" shall be the fiscal yeaz (IRS payroll reporting yeaz). 133 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Sub. H. 13.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty days, the employee may convert any part of such excess of sick leave at the rate of ane-half day's vacation for each day of sick leave credit. No empioyee may convert more than ten (10) days of sick leave in each calendar year under this provision. f(II ARTICLE 14 - HOLIDAYS 14.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays. New Year's Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Day After Thanksgiving Chrisimas Day Two floating bolidays Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. Whettever 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 shail be observed as the holiday. 14.2 The floating holidays set forth in Section 14.1 above may be taken at anytime during the contract yeaz, subject to the approval of the Deparlment Head of any employee. 14.3 Eligibility Requirements. In order to be eligible for a holiday with pay, an employee's name must appear on the payroIl on any six working days of the nine working days preceding fhe holiday; or an employee's name must appeaz on the payroll the Iast working day before tiie holiday and on thr�e other working days of the nine working days preceding the holiday. In neither case shali the hoIiday be counted as a working day for the purposes of this section. It is further understood that neither temporary, emergency nor other emptoyees not heretofore eligible shall receive holiday pay. 14.4 Notwititsianding 14.3, a temporary employee shall be eligible for holiday pay after such employee has been employed as a temporary employee for sixty-seven (67) consecutive work days. 23o Yemporary employee shall be eligible for any floatiag hoIidays. ARTICLE 15 - LEAVES OF ABSENCE 15.1 Each eligible employee shall accumulate sick leave credits at the rate of .0576 of a working bour for each full hour on the payroli, excluding overkime. 15.2 Any employee who has accumulated sick leave credits as pmvided above shall be ganted leave with pay, for absences due to an illness or injury of the employee for such period of time as the employee's supervisor deems necessary and may be granted leave with pay for such time as is actuatly necessary for affice visits to a doctor, dentist, optometrist, etc. � • � m �. ' - - ARTICLE 15 - LEAVES OF ABSENCE (Continued) � An employee may use personal sick leave benefits provided by the Employer for absences due to an illness for injury to the employee's child for such reasonable periods as the employee's attendance with the child may be necessary, on the sazne terms the employee is able to use sick leave benefits for the employee's own illness or injury. An employee may also use up to a maximum of eight hours of sick leave in the case of sudden sickness or disability of a member of his/her household in order to make arrangements for the caze of such sick or disabled person. This section applies only to personal sick leave benefits payable to the employee from the Employer's general assets. For purposes of ttris section, "personal sick leave benefits" means time accrued and available to an employee to be used as a result of absence from work due to personal illness or injury, but does not include short-term or long-term disability or other salary continuation benefits. 153 Any employee who has accumulated sick leave credits, shall be granted one day of such leave to attend the funeral of the employee's grandpazent or grandchild, and as much time as the employee's supervisor deems necessary for the 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. � 15.4 An employee shall be granted up to a total of sixteen (16) hours during a school year to attend school conferences or classroom activities related to the employee's chiid, provided the conferences or classroom activities cannot be scheduled during non-work hours. When the leave cannot be scheduled during non-work hours and the need for the leave is foreseeable, the empioyee must provide reasonable prior norice oPthe leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operation of the Employer. An employee shall be allowed to use vacation or compensatory time for this leave; othenvise, this leave shali be without pay. 15.5 Voluntary Linpaid Leave of Absence. A full-time employee may be granted up to 480 hours of voluntary leave of absence without pay dt,ring the fiscal year. During such leave of absence, the empioyee shall continue to eam and accrue vacation and sick leave, seniority credits and maintain insurance eligibility as though he or she was on the payroll. Any leave of absence granted under tlus provision is subject to the approval of the Aepartment Head. 15.6 Adoption Leave. In case of an employee adoption of a child up to five years of age, employees shall be permitted to carry over into the following fiscal year up to 80 additional hours of accrued vacation time each yeaz up to a total of 240 hours. For up to two yeazs from the date of the execution of this Agreement, employees may additionally borrow up to 80 hours of unaccrued vacation time from the next fiscal yeaz. . These two adoption provisions shall apply only to one City employee in the event that both adoptive pazents are City employees. 19 ARTICLE 15 - LEAVES OF ABSENCE (Continued) 15.7 Employees will be granted leaves of absence in accordance with the Family Medical ' Leave Act (FMLA). The employer agrees that under FMLA each eligible employee is entifled to take up to twelve (12) weeks of unpaid leave in any twelve month period for any of the following reasons: (According ta City policy, available sick leave must be supplemented for conditions specified as eligible for sick leave in this agreement). • Birth of a cluld of the employee and in order to caze for the child. • Placement of a child with an employee for adoption or foster care. • Take time off from work because of the employee's own serious health condition. • In order to care for the spouse, pazent or child of the employee when said spouse, parent or child has a serious health condition. 15.8 Matemity/Pazental Ieave. Matemiry is defined as the physical state of pregnancy on au employee, commencing eight (8) months before the esfimated date of childbirth, as deternuned 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 (2) year. Pregnant employees of the City of Saiat Paul shall be eligible for the use of paid sick � leave and unpaid leave of absence in the same manner as any other disabled or iIl City employee. Such paid sick leave eligibility�_;,hall begin upon certification by the employee's atiending physician that the employee is disabled in terms of her ability to perform the duties of her position. 15.9 A twelve (12) month Parental leave of absence without pay shall be granted to a naturat pazent or an adoptive pazent, who requests such leave ia conjunction with the birth or adoption of a child. Such leave may be exteaded an additional twelve (12) months by mutual agreement between the employee and the Employer. Refusal on the part of the Employer to grant an extensioa of such leave shall not be subject io the provisions of Article 9 of this Agreemeat. Employees who retum following such leaves of absence shall be placed in a position of equivalent salary and tenure as the one held just prior to the be�inning of their leave. ARTICLE 16 - NON-DISCRIMINATION 16.1 The terms and conditions of this Agreement will be applied to employees equatly without regazd to, or dis�mination for or aga;nct, any individual because of race, color, creed, sex, age, or because of inembership or non-membership in the Union. 16.2 Employees will perform their duties and responsibilities in a non-discriminatory manner � as such duties and responsibilities involve other employees and the general public. 20 ARTICLE 17 - LEGAL SERVICES ��9�� - 17.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the � Employer shall defend save hazmless and indemnify employee against tort claim or demand whether groundless or otherwise arising out of alleged acts or omission occurring in the performance or scope of the emgloyee's duties. 17_2 Notwitbstanding Article 17.1, the Employer shall not be responsihle for paying any legal service fee or for providing any legal service arising from any legal action where the employee is the Plaintiff. ARTICLE 18 - SENIORITY 18.1 Seniority, for the purpose of this Agreement, shall be defined as follows: The length of continuous, regulaz or grobationary service with the City Attorney's Office from the date an employee was first appointed to an attorney position represented by this bazgaining unit. 18.2 Seniority shall terminate when an employee retires, resigns, or is discharged. 183 In the event it is deternuned by the Employer that it is necessary to reduce the work force, employees will be laid off by class tiUe based on inverse length of City Attorney seniority as de£ned above. • i 8.4 When the number of employees in a higher title is to be reduced, employees in the higher fitles who have more City Attorney seniority than employees in lower titles which are in this bazgaining unit will be offered reductions to the highest of these tities to which City Attomey seniority wouid keep them from being laid off, before layoffs aze made in any class title. 18.5 Employees who have held class titles represented by this bargaining unit who subsequently accept appointments or assignments to attorney positions which aze not represented by this bargainuig unit shatl be allowed, in a11 cases, to return to the currently held or comparable class titie represented by this bargaining unit upon completion of such appointments or assignments. The two attorneys providing legal services in the azea of Labor Relations were allocated to the Senior Attorney classification as par[ of the February 18, 2000 classification study. Any Deputy City Attomey or Supervisor incumbents who have rights back into the bazgaining unit and who were not atlocated as part of the 2l18/00 study will be allocated to one of the new classes when and if they return to an appointmentlassigmnent represented by this bazgaining unit. Nothing in this section shail be consirued to negate any other agreements with regard to these employees. • 21 ARTICLE 19 - CITY MILEAGE Sections 19.1 - 19.4 aze effective for mileage reimbursement paid through 12/31/00. � 19.1 Automobile Reimbursement Authorized - Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, t12e following provisioas are adopted. 19.2 Mefhod of Compufation - To be eligible for such reimbursement, all officers and empIoyees must receive written authorization from the Depattment Head. Type 1- If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the ra2e of $4.04 per day for each day the employee's velucle is actually used in performing the dnties of the employee's position. In additioa, the employee shall be reimbursed $0.20 per mile for each mile actuaity driven. If such employee is required to drive an automobite during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reunbursed at the rate of $0.20 per mile driven and shall not be eligible for any per diem. Type 2- If an employee is required to U� Iuslher own automobile � REGULARLY during employment, tfie employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the empIoyee shall be reunbursed $0.20 per mile for each mile actuatly driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's vse but the employee desires to vse his/t�er own automobile, then the employee sball be reimbursed at the rate of $0.20 per mile driven and shall not be eligible for any per diem. 193 The CiTy will provide pazking at the Civic Center Pazking Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to have their personal caz available for City business. Such parking will be provided anly for the days the employee is required to have his or her own personal caz available. � 22 ARTICLE 19 - CITY MILEAGE (Continued) �` � y a" - 19.4 Rules and Regulations - The Mayor shall adopt rules and regulations goveming the � procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability inc�,ra.,ce in amounts of not less than $ I 00,000/$300,000 for personal injury, and $25,000 for property damage, or liability �ncnrance 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. Sections 19.5 - 19.7 aze effective for mileage reimbutsement paid in yeaz 2001 and beyond. 19.5 Chapter 33 of the Saint Paul Administrative Code shall be superceded for members of flus bargaining unit and replaced by sections 19.6 and 19.7 below. 19.6 To be eligible for mileage reimbursement, an empioyee must receive written authorization in advance from the Department Head. 19.7 When an employee is required to use his/her personal automobile to conduct autharized City business, the City shall reimburse the employee at the then current Federal I.R.S. mileage reimbursement rate on the most direct route. � 19.8 When an employee is required to pazk hislher automobile at on off-site location while conducting City business, the City shall reimburse the employee for the pazking expense. Nothing in this section shall be construed to authorize the City's payment of the employee's normal daily pazking expenses. ARTICLE 20 - DURATION AND EFFECTIVE DATE 20.1 Complete Agreement With Waiver of Bargaining. This Agreement shall represent the complete Agreement between the Union and the Employer. 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 azea of collective bazgaining, and that the complete understandings and agreements azrived at by the parties after the exercise of that right and opportunity aze set forth in this Agreement. Therefore, the Employer and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bazgain collecrively with respect to any subject or matter referred to or covered in this Agreement. � 23 �-9�� ARTICLE 20 - DURATION AND EFFECTIVE DATE (Continued) . 20.2 Except as herein provided this Agreement shal] be effective as of 7anuary 1, 200� and shall continue in fixll force and effect thru December 31, 2002, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify tlus Agreement sha11 notify the other in writing so as to comply with the provisions of the Public Employsnent Labor Relations Act of 1984. 203 This constitutes a tentative agreement between the parties which will be recommended by the Director of Labor Relations, but is subject to the approval of the Administration of the City, the City Council and is also subject to the ratification by the Union. WITNESSES C��C�J�C`L�L�li�li IJ � Katherine L. Megarry Labor Relations Director �3� Date LOCAL LTNION NO. 3757, DISTRICT COUNCIL NO. 14 OF THE AMEI2ICAN FEDERATION OF STATE, COUNTY AND Mi1NICIPAL EMPLOYEES LEGAL 1�.. �� : = - �- • � `� 1 - � � , k` �A1 , �cv� Gail L gfieid President 3-oU Date • I.'! APPENDIX A ocr 9' LJa : Salary ranges applicable to tides covered by this Agreement shall be as shown below: Effective 2/26/00 Job Class Associate Attorney Attorney Senior Attomey Effective 111lO1 (or closest Job Ciass Associate Attorney Attomey Senior Attorney Effective 1/1/02 (or closest Job Class � Associate Attomey � Attorney ; Senior Attorney Ranee Minimiun $40,500($1551.72) $51,500($1973.18) $61 Ranee Muumum $41,614 ($159439) $52,916 ($2027.44) $63,191 ($2421.12) Ranae Minimum $42,945 ($1645.41) $54,609 ($2092.32) $65,213 ($2498.60) Mid Point $52,750($2021.07) $66,800($255939) Mid Point $54,201 ($2076.65) $68,637 ($2629.77) $81,661 ($3128. Mid Point $55,935($2143.10) $70,833 ($2713.92) $84,274 ($3228.88) C� A - 1 Rante Maximum $65,000($2490.42) $82,100($3145.59) $97,450($3733.72) Ran¢e MaYimum $66,787 ($2558.91) $84,358 ($3232.09) $100,130 ($3836.40) Ran2e Maximum $68,925 ($2640.80) $87,057 ($3335.52) $103,334 ($3959.16) APPENDIX B- WORK SCHEDULES ��' 9 y a' �1.1 All bargaining unit employees aze exempt from the overtime pay provisions of the federal Fair Labor Standards Act and similar state legislation as professianal employees and are salaried employees of the City who are not compensated on an hourly basis. 12 The normal work schedule for fuil-time empioyees covered by this Agreement shall consist of a minimum of eighty (80) hours within each biweekly payroll period. Empioyees are generaily expected to be working during the normai business hours, weekdays between 5:00 a.m. and 5:00 p.m., or as otherwise established by the Employer for the empioyee's work group, subject to the leave provisions of this Agreement, and appiicable state and federal statutes. Due to the nature of their work, however, the job duties of persons in this bargaining unit may require the employees to work irregulaz hours, and work on holidays and weekends. Such work requirements are considered an integral part of the job. Therefore, maintaining consistent starting and quitting times and scheduling specific numbers of hours worked in any day or week may be impractical. Where their assigned duties and responsibilities permit, however, and where theiz Department Head or Supervisor approves, bazgaining unit employees may exercise reasonable and prudent discretion in scheduling or varying the normal business hours at which their work is performed. 1.3 Employees who work more than eighty (80) hours in a two-week payroli period may be granted compensatory time with the approval of their department head or his/her designee. If granted, compensatory time will be based on a straight time hour for hour basis for time that the supervisor approves. .1.4 Compensatory time off shall be scheduled and approved in advance. Employees and their supervisors shall diligently work together to schedule compensatory time off so that employees may make maximum use of their accrued compensatory time without unreasonably disrupting the business of the Employer. 1.5 Employees leaving the City or the City Attorney's Office must use up any accrued compensatory time and shall not be paid for it under any circumstances. l.b Employees and the Union accept the fact that employees are required to attend to the ethical obligations associated with the practice of law, must act to fuily serve the needs of their clients and aze obligated to observe scheduled court appeazances, depositions, agency and other scheduled meetings, and other such requirements of the practice of law, and agree that this provision affecting hours of work does not remove those requirements. 1.7 Decisions made or not made under this clause on any individual case aze not grievable or azbitrable. However, systematic or repeated decisions which aze contrary to the spirit of this Appendix may be grieved under the process set forth in Article 9. 1.8 The City and the Union agree that this modification of hours of work is experimental and shall not extend beyond the term of this Agreement unless both parties act affirmatively to renew or modify tYus clause in bazgaining for the next contract. • s - i APPENDIX C- MERIT PAY SYSTEM po- 4 �/a. • This letter confinns that the parties entered into the 2000-2002 agreement with the following intentions and expectations regazding the merit pay system: • The performance system and criteria used under this contract shall be the same performance system and criteria in place at the time of the signing of this agreement. • An employee's performance rating shall be based solely on the employee's performance and not on the financial situation of the City or the City Attorney's Office. • Although dependent on employee perfozmance, the percentage of employees rated at each performance rating is unlikely to change dramatically from the ratings issued over the past four years (1997-2000). • In the event that the percentage of employees rated below a`3' increases from the four-yeaz-auerage (1997-2000) by more than 10% of the number of employees in the bargaining unit; or in the event that the percentage of employees rated a`4' decreases from the four-yeaz-average (1997-2000) by more than 20% of the four-yeaz-average of `4' ratings; the Union could file a class action grievance alleging that the City has artificially decreased ratings inorder to garner cost savings. The Union shall bear the burden of proving allegations under this provision. • The City couid defend itself against such a grievance by demonstrating that performance ratings were based on legitamate performance problems or changes, as documented in the performance review process. If the City asserts such a defense, the City sha11 bear the burden of proving that the • performance ratings were based on legitimate performance issues. Ali of the above numbers are based on net changes in the numbers of employees rated at vazious levels. It is understood that the performance rating of individual employees may vary from year to year, based on performance. The City agrees to provide the Union with aggregate data indicating the number of employees rated at each rating level within 30 days after the performance ratings are completed each year. This letter in no way abridges the City Attorney's rights to evaluate perFormance as outlined in Article 10.4 of this Agreement. CITY OF SAINT PAUL erine L. Megany Labor Relations Director • Date �� 1 LOCAL UNION NO. 3757, DISTRICT COUNCIL NO. 14 OF THE AMERICAN FEDERATION OF STATE, COUNTY AND MCTNICIPAL EMPLOYEES LEGAL Date /U �3 - �v c-i . APPENDIX D - PLACEMENT AGREEMENT ' 1999 Associate biweekly Brown 1526.36 Gunderson 1484.9 Nefson 1484.9 Riley 1484.9 Sanville 1484.9 Stachmann 1484.9 Attomey DeWolf 1947.84 Doian 1947.84 Hunt 1700.19 Jerskey 1977.56 Krievans 1829.44 Larson 2703.92 McConaughey 1605.44 Mikhail 1792.96 Milier 1890.03 Peniand 2006.59 Pfohi 1792.96 Seasly 1718.11 Skarda 1638.92 Veith 1981.05 Weyandt 2867.42 Hanson 1024.12 �atet 811.59 Senior Christie 2420.72 Driscoll 2960.91 Garvey 3693.88 McCall 3326.31 Langfield 2145.81 Paimer 2956.59 Rofuth 3223.34 Warner 2420.72 1!1/00 biweekly 1572.15 1529.45 '1529.45 1529.45 1529.45 1529.45 200628 2006.28 175120 2036.89 1884.32 2703.92 1653.60 1846.75 1946.73 2066.79 1846.75 1769.65 1688.09 2040.48 2953.44 1054.84 835.94 2493.34 3049.74 3733.72 3426.10 2210.18 3045.29 3320.04 2493.34 uzs�oo biweekly 1612.36 1551.72 '155'1.72 1551.72 1551.72 1582.04 2165.i3 2165.13 1973.18 2101.15 2184.33 1973.18 1973.1 S 1973.1 S 2357.09 1973.18 1973.18 1973.18 2229.12 1060.17 986.59 2520.16 3094.10 2493.33 2557.70 9/23/00 1!1 /01 adjustmt' pre-COLA 3403.04 ' 2.5% discretionary adjustment agreed to by City Attorney in Faii 1999. • $2,703.92 $2,703.92 $2,703.92 1!1(01 2.75 COLA 1656.70 1594.40 'f 594.40 1594.40 1594.40 1625.55 2224.68 2224.68 2027.44 2158.93 2244.40 277828 2027.44 2027.44 2027.44 2421.91 2027.A4 2oz�.aa 2027.d4 2290.42 3Q34.66 1089.33 1013.72 277828 3179.19 3836.39 3520.32 2778.28 3129.03 3496.62 2778.28 a�- 9 ya D-1