274105 WHITE - GTV CLERK �
PINK - FINANCE G I TY O F SA I NT PA U L Council /�'''����AA..��
CANARY - DEPARTMENT 1 -)�A���
BLUE - MAVOR. Flle NO. � �"� y�
��� ��
Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
An administrative Resolution approving the terms
and conditions of 1980-1981 Agreements between
the City of St. Paul, Inc}ependent School District
No. 625, and the International Union of Operating
Engineers, Locals 36 and 967.
WHEREAS, the Council, pursuant to the provisions of Section 12. 09
of the St. Paul City Charter and thePublic Employees Labor Relations Act
of 1971, as amended, recognizes the International Union of Operating Engineers,
Locals 36 and 967, as exclusive representative for the classes of positions
within the City of St. Paul certified by the Bureau of Mediation Services under
Case No. 73-PR-449-A, for the purpose of ineeting and negotiating the terms
and conditions of employment for all full-time personnel in the class of positions
as set forth in the Agreemenisbetween the City of St. Paul, Independent School
District No. 625, and the exclusive representatives hereinabove referenced; and
WHEREAS, the City and I;ndependent School District No. 625, through
designated representatives,and the exclusive representatives have met in good
faith and have negotiated the terms and conditions of employment for the period
- � Jan. 1, 1980, through Dec. 31, 1981, for such personnel as are set forth in the
Agreementsbetween the City of St. Paul, Independent School District No. 625,
and the exclusive representatives; now, therefore, be it
RESOLVED, that the Agreemenl�cited above, dated as of the effective
date of this Resolution, between the City of St. Paul, Independent School District
No. 625, and the International Union of Operating Engineers, Locals 36 and 967,
on file in the office of the City Clerk, is hereby approved, and the authorized
administrative officials of the City are hereby authorized and directed to
execute said Agreements on behalf of the City.
.
Approved: „ ,� �.
. �.-� ' '� � l'�
Chairman, ivil v' e Co mission
' —
COUNC[LMEN
Yeas M�p�a� Nays � Requested by Department of:
PERSO N L OFFICE
� � In Favor
Hunt
Levine _ � __ Against BY
Maddox
Show
S�° DEC 1 � 1979 Form ppro ea b c�ty o�
Ado by Counci . Date
I •
ertified d by ounc.il Secreta By
c
tappro e y iVlavor. a e _ `DEC � 3 �979 Appr d by Mayor for Sub i to Council.
By - — BY
�.1s�EO G�C 2 � 1979
• ♦
•.
���"���
1984 - �981
I�ABOR AGREF�IENT
- between -
THE CITY OF SAINT PAUL,
- and -
IPtTERNATIONAL UNION OF OPER.ATING ENGINEERS
LOCAL 36 AND LOCAL 967
>
I N D E X
ARTICLE TITLE PAGE
Preamble iii
I Recognition 1
II Definitions 2
III Dues - Fairshare 3
IV Union Rights 4
V Seniority 6
VI Management Rights 7
VII Hours, Premium Pay 8
VIII Leaves of Absence 10
IX Military Leave of Absence 11
X Jury Duty 13
� XI Severance Pay 14
XII Mileage 15 .
XIII Working Out of Classification 16
XIV Discipline 17
XV Insurance 18
XVI Holidays 22
XVII Vacation 24
XVIII Grievance Procedure 25
XIX Residency 29
XX Wage Schedule 30
XXI Stikes, Lockouts, Work Interference 31
XXII Terms of Agreement 32
Appendix A - Wages Al
- ii -
P R E A M B L E
THIS AGREEMENT, BY AND BETWEEN THE CITY OF SAINT PAUL AND LOCAL
UNION N0. 36 AND N0. 967, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO.
This AGREII�ENT has been entered into between the City of Saint Paul,
hereafter referred to as the IIKPLOYER, and Local Unions No. 36 and 967,
Internatioaal Union of Operating Engineers, AFL-CIO, hereafter referred to as
the UNION. This AGREEMENT has as its purpose, the promotion of harmonious
relations between the IIKPLOYIIt and the UNION, the establishment of an equitable
and peaceful procedure for the resolution of differences and the establishment
of rates of pay, benefits, hours of work, and other conditions of employment. '
The parties hereto pledge that they shall pursue the above objectives in full
compliance with the requirements of the Public Employment Labor Relations Act
of the State of Minnesota of 1971, as amended.
- iii -
ARTICLE I - RECOGNITION
1.1 The II�LOYER recognizes the UNION as the sole and exclusive bargaining
agent for the purposes of establishing wages, benefits, hours and other
conditions of employment for all of its employees as outlfned in the
certification by the State of Minnesota, Bureau of Mediation Services,
under Case No. 73-PR-449-A, as amended, to read as follows:
All regular, probationary, and provisional engineering
and building maintenance personnel who are employed by
the City of St. Paul or who have their "terms and con-
ditions of employment" established by the governing
body of the City of St. Paul, and whose emgloyment
service exceeds the lesser of 14 hours per week or 35
percent of the normal work week and more than 100 work
days per year in the following classifications:
Assistant Superintendent of Stadium, Chief Operating
Engiaeer--Civic Center, Civic Center Plant Helper,
Custodian, Custodian-Eagineer I, Custodian-Engineer II,
Custodian-Engiaeer III, Custodian-Engineer IV, Custodian-
Engineer V, Filter Plant Operator I, Filter Plant Qperator
II, Custodian (Light Duty), General Matron, House Gustodian
II, Instrimment Repai�an (Filter Plant), Lime Recavery
^ Operator, Maintenance Man, Operating Engineer I, Operating
Engineer II, Pumping Engi.neer I, Pumping Erxgineer II,
Pumping Engineer III, Sewer Pumping Station Operator,
Stadium Supervisor, Stationary Engineer, Stationary Fireman,
Supervising Stationary Engineer, Watchman I, Watchman II,
Watchman, Water Plant Aide; excludi.ng supervisory, managerial,
clerical, confidential, temporary and emergency employees,
those exclusively represented by other labor or employee
organizations, and all other employees.
1.2 The parties agree that any new classifications which are an e�ansion
of the above bargaining unit or which derive from the classifications
set forth in this AGREF�SENT shall be recognized as a part of this
bargaining unit, and the parties shall take all steps required under
the Public Employment Relations Act to accomplish said objective.
- 1 -
ARTICLE II - DEFINITIONS
2.1 Collective Bargaining. The II�LOYER will bargain collectively with `
the UNION with respect to rates of pay, hours and other conditions
pertaining to employment for all of the employees in the unit herein-
before set forth.
2.2 Maintenance of Standards. The Eh�LOYER agrees that all conditions of
emplo�ment relating to wages, hours of work, overtime differentiaZs,
vacations, and general working conditions shall be maintained at not
less than the highest mini.mum standard as set forth in the Civil Service
, Rules of the City of Saint Paul, (Resolution No. 3250 and Resolution
No. 6446) at the time of the signing of this AGREEM�'NT, and the con-
ditions of employment shall be improved wherever specific provisions for
improvement are made elsewhere in this AGREEMENT.
2.3 Discrimination. The EI�LOYER will not interfere with, restrain or
coerce the employees covered by this AGREEMENT because of inembership in
or activity on behalf of the UNION. The EMPLOYER will not discriminate �
ia respect to hire, tenure of employment or any term or condition of
employment against any employee covered by this AGREEMENT because of
membership in or activity on behalf of the UNION, nor will it discourage
or attempt to discourage membership in the UNION, or attempt to encourage
membership in an.other UNION.
- 2 -
ARTICLE III - DUES - FAIRSHARE
3.1 Dues. The II�LOYER agrees to deduct the UNION membership initiation
fee assessments and once each month dues from the pay to those employees
who individually request in writing that such deductions be made. The
amounts to be deducted shall be certified to tihe II�IAYER by a represent-
ative of the UNION and the aggregate deductions of all employees shal.l
be remitted together with an itemized statement to the representative by
the first of the succeeding month after such deductions are made or as
soon thereafter as is possible.
3.2 Fairshare. Any present or future employee who is not a UNION member
shall be required to contzibute a fair share fee for services readered
by the UNION. Upon notification by the UNION, the II�LOYER shall check
off said fee from the earnings of the employee and trans�nit the same to
the UNION. In no instance shall the required contribution exceed a pro
rata share of the specific expenses incurred for services rendered by the
representative in relationship ta negotiations and administration of
grievance procedures. This provision shall remain. operative only so long
as specifically provided by Minnesota law, and as othexwise legal.
3.3 The UNION will indemnify, defend and hold the II�fPL4YER harmless against
any claims nade and against any suits instituted against the City, its
officers or employees, by reason of negligence of the UNION in requesting
or receiving deductions under this Article. The City will indeianify,
defend and hold the UNION harmless against any claims made and against
any suits instituted against the UNION, its officers or employees by reason
of negligence on the part of the El�'LOYER in making or forwarding deductions
under this Article.
- 3 -
ARTICLE IV - UNION RIGHTS
4.Z The UNION may designate employees within the bargaining unit to serve
as Union Stewards and shall be required to administer this AGREEMENT.
4.2 The UNION shall furnish the II�LOYER and appropriate Department Heads
and Labor Relations Director with a list of Stewards and alternates,
and, shall, as soon as possible, notify said appropriate City officials
ia writing of any changes thereto. Only those who are Officers and
Stewards shall be recognized by the II�LOYER foz the purpose of ineetings.
4.3 There shall be no deduction from the pay of a Steward when directly
involved in meetings with management relating to the administration of
this AGRE��ST during working hours.
4.4 Designated Union Representatives shall be permitted to visit employees
on job sites and at department buildings during working hours for the
purpose of the administration of this contract.
4.5 Shop Steward. One shop steward from each department will be allowed to
accompany an enployee's authorized representative during regular working
hours for the purpose of wage, salary, ar fringe benefit discussions or
other problems of their particular concern involving employees of the
City of St. Paul and Independent School District No. 625 under the
following conditions:
4.51 That only one employee from any one department be allowed
to leave his work.
4.52 That the steward be expected to attend these meetings on his
own time when they are held outside of his regular working hours.
4.53 That adequate notice is given to the department heads so that
permission may be obtained.
- 4 -
�11F�� ;�
� �" � � ��
ARTICLg � - UNION RIGHTS (CONTINUID)
4.54 That the steward has officially been designated as such by
the UNION that he represents.
4.55 Union Conventions. Duly elected UNION delegates shall be
granted time off without pay for one week to attend such
convention. Vacation or compensatory time may be used for
this purpose. The UNION shall. give at least ten working days
advance notice of the employees who will be participating in
such conventions.
- 5 -
ARTICLE V - SENIORITY
5.1 Seniority, for the purpose of this AGREEMENT, shall be defined as follows: `
The length of continuous, regular and probationary service with the EMPLOYER
from the date an employee was first certified and appointed to a class title
covered by this AGREEMENT, it being further understood that seniority is
confined to the current class assignment held by an employee. In cases
where two or more employees are appointed to the same claes title on the
same date, the seniority shall be determined by the employee's rank on
the eligible list from which certification was made.
5.2 Seniority shall terminate when an employee retires, resigns, or is
discharged.
5.3 In the eveat it is determined by the IIKPLOYER that it is necessary to
reduce the work force, employees will be Zaid off by class title within
each department based on inverse length of seniority as defined above.
5.4 In cases where there are pro�otional series, such as Custodian-Engineer I,
II, III, etc. , when the number of employees in the higher titles is to be
reduced, employees who have held lower titles in the bargaining unit will
be offered reductions to the highest title to which class seniority would
keep them from being laid off, before layoffs are made by any elass title
in any department.
5.5 Recall from layoff sha11 be in inverse order of layoff, except that recall
rights shall expire after two years of layoff.
5.6 It is understood that such employees will pick up their former seniority
date i.n any class of positions that they previously held.
- 6 -
ARTICLE VI - MANAGEMENT RIGHTS
6.1 The UNION recognizes the right of the EMPLOYER to operate and manage its
affairs in all respects in accordance with applicable laws and regulations
of appropriate authorities. The rights and authority which the IIvIPLOYER �
has not officially abridged, delegated, or modified by this AGREEMII3T
are retained by the II�LOYER.
6.2 A public II�LOYER is not required to meet and negotiate on matters of
inherent managerial policy, which include, but are not limited to, such �
areas of discretion of policy as the functions and programs of the
EMPLOYER, its overall budget, utilization of technologq, and arganizational
structure and selectioA and direction and number of personnel. �
- 7 -
ARTICLE VII - HOURS, PREMIUM PAY
7.1 Hours of �nployment. The normal work day and the normal work week shall "
be 8 hours in any 24-hour period and 40 hours in any 7-day period. (For
employees on a shift basis, this shall be construed to mean an average of
forty hours a week.) The normal work week shall consist of 5 consecutive
normal work days.
7.2 Call-in-Pay. When an employee is called to work he shall receive two
hours' pay if not put to work. If he is called to work and commences
work, he shall be guaranteed four straight time haurs� gay. These gro-
visions, however, shall not be effective when work is unable to proceed
because of adverse weather conditions; nor shall these provisions applq to
temgorary or emergency employees nor to employees employed under any of
the titles listed in Section 7 of these Rules under the heading "Special
Employments"; nor to any person whose regular scheduled workday is Iess
than four hours.
7.3 Overtime. Time on the payroll in excess of the normal hours set forth
above shall be "overtime work" and shall be done only by order uf the
head of the department. An employee shall be recompensed for work done
in excess of the noxmal hours being paid on a time and one-half basis
for such overtime work. The basis on which such overtfine shall be paid
shall be determined solely by the employee.
7.4 Premium Pay. To any employee who works on a regularly assigned shift,
beginning earlier than 6 a.m. or ending later than 6 p.m. provided that
at Ieast five hours of the shift are worked between the hours of 6 p.m.
and 6 a.m., there shall be paid a night differential fer the entire shift.
- 8 -
ARTICLE VII - HOURS, PREMIUM PAY (CONTINUID)
To any employee who works on a regularly assigned shift, beginning
earlier than 6 a.m. or ending later than 6 p.m. , but less than five
hours of the shift are worked between the hours of 6 p.m. and 6 a.m. ,
there shall be paid a night differential for the hours worked between
the hours of 6 p.m. and 6 a.m.
7.5 The night differential shall be SX of the base rate, and shall be
paid only for those night shifts actually worked; provided, however,
that the provisions of this subsection shall not apply ta emergency or
temporary employees in the Auditorium, or to employees holding titles
listed in Section II or Resolution No. 6446 under the heading "Special
Employments" in this bargaining unit.
7.6 A premium pay of twenty-five cents (25�) per hour shall be paid for all
swing stage work, such as any work performed from a boatswain's chair or
a swing scaffold, fifty (50) feet or more above the ground. All standard
safety laws shall be complied with.
- 9 -
ARTICLE VIII - LEAVES OF ABSENCE
8.1 Leave of Absence. After three month's employment, an e�ployee may
make application for a leave of absence not to .exceed one year. A
leave of absence shall be granted on the basis established in the
Civil Service Rules (Resolution No. 3250) .
8.2 Sick Leave. Sick leave shall accumulate at the rate of .0576 of a
,
working hour for each full hour on the payroll, excluding overtime.
Sick leave accumulation is unlimited. To be eligible for sick leave
the employee must report to his supervisor no later than one-half hour
past his regular scheduled starting time. The granting of sick leave
shall be subject to the terms and provisions of Resolution No. .3250 of
the City of Saint Paul.
• 8.3 Any employee who has accumulated sick leave credits as provided above
shall be granted leave with pay, for such period of time as the head
of the department deems necessary, on account af sickness or injury
� of the employee, quarantine established and declared by the Bureau �
of Health, death of the employee's mother, father, spouse, child,
brother, sister, mother-in-Iaw, father-in-law, or other person who is
a member of the household; and may be granted leave with pay for such
time as is actually necessary for office visits to a doctor, dentist,
optometrist, etc. , or in the case of sudden sickness or disability of
a member of his household, making arrangements for the care of such sick
or disabled person up to a maximum of four hours sick leave.
8.4 Maternity leave. Maternity is defined as the physical state of pregnancy
of an employee, com�encing eight (8) months before the estimated date of
childbirth, as determined by a physician, and ending six (6) months after
the date of such birth. In the event of an employee's pregnancy, the
employee may apply for leave without pay at any time during the period
stated above and the employer may approve such leave at its option, and
such leave may be no longer than one (1) year.
- 10 -
ARTICLE IX - MILITARY LEAVE OF ABSENCE
9.1 Pay Allowance. Any employee who shall be a member of the National Guard,
the I3ava1 Militia or any other component of the militia of the state,
now or hereafter organized or constituted under state or federal law,
or who shall be a me.mber of the Officer's Reserve Corps, the Enlisted
Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other
reserve component of the military or naval force of the United States,
now or hereafter organized or constituted under Federal law, shall be
entitled to leave of absence from employment without loss of pay,
seniority status, efficiency rating, vacating, sick leave or other ben-
efits for all the time when such employee is engaged with such organization
or componeat in training or active service ordered or authori.zed by proper
authority pursuant to law, whether for state or federal purposes, provided �
that such leave shall not exceed a total of f ifteen (15) days in any
calendar year and, further provided that such leave shall be allowed
only in case the required military or naval service is satisfactorily
performed, which shall be presumed unless the contrary is established.
Such leave shall not be allowed unless the employee: (1) returns to his
position immediately upon being relieved form such military or naval
service and not later than the expiration of time herein limited for such
leave, or (2) is prevented fram so returning by physical or mental
disability or other cause not due to such employee`s own fault, or (3) is
required by proper authority to continue in such military of naval service
beyond the time herein limited for such leave.
- 11 -
ARTICLE IX - MILITARY LEAVE OF ABSENCE (CONTINUID)
9.2 Leave Without Pay. Any employee who engages in active service in time "
of war or other emergency declared by proper authority of any of the
military or naval forces of the state or of the United States for
which leave is not otherwise allowed by law shall be entitled to
leave of absence from employment without pay during such service with
right of reinstatement and sub3ect to such conditions as are imposed
by law.
9.3 Such leaves of absence as are graated under Article 9 shall conform
to Miffiesota Statutes, Section 192, as amended from time to time and
shall confer no additional benefits other than those granted by said
statute. .
- 12 -
ARTICLE X - JURY DUTY
10.1 Any employee who is required to appear in court as a juror or witness
shall be paid his regular pay while he is so engaged, provided however,
that any fees that the employee may receive from the court for such
service shall be paid to the F.MPLOYER and be deposited with the
Director of Finance and Management Services. Any employee who is
scheduled to work a shift, other than the normal daytime shift, shall
be rescheduled to work the normal daytime shift during such time as he
is required to appear in conrt as a juror or witness.
- 13 -
ARTICLE XI - SEVERANCE PAY
11.1 Employees shall be eligible for severance pay f.n accordance with `
the Severance Pay Ordinance No. 11490. The amount of Severance
Pay allowed shall be that amount permitted by State Statutes
subject to the provisions that the maxia►um amount allowed shall be
$4,000.
- 14 -
ARTICLE XII - CITY MILEAGE
12.1 Automobiles Reimbursement Authorized: Pursuant to Chapter 92A of the
Saint Paul Legislative Code, as amended, pertaining to reimbursement of City
officers and employees for the use of their own automobiles in the .
performance of their duties, the following provisions are adopted.
12.2 riethod of Computation: To be eligible for such reimbursenent, all officers
and employees must receive written authorization from the Department Head.
If an employee is required to use his/her own automobile during employment
and the department head or designated representative determines that no
employer vehicle is available for the employee's use, the employee shall
then be reimbursed at the rate of 19� per mile driven.
If an employee is required to use his/her own automobile during employment
and the departament head or designated representative determines that
an employer vehicle is available for the employee's use but the
employee desires to use his own automobile, then the employee shall
be reimbursed at the rate of 14� per mile driven.
The City will provide parking at the Civic Center Parking Ramp for City
employees who are required to have their personal car available for City
business. Such parking will be provided only for the days the employee
is required to have his or her own personal car available.
12.3 Rules and Regulations: The Mayor shall adopt rules and regulations
governing the procedures for automobile reimbursement, which regulations
and rules shall contain the requirement that recipients shall file
daily reports indicating place of origin and destination and applicable
mileage ratings thereat and indicating total miles driven, and shall
f ile monthly affidavits stating the number of days worked and the
ntmmber of miles driven, and further required that they maintain
automobile liability insurance in amounts not less than $100,000/300,000
for personal in�ury, and $25,000 for property damage. These rules and
regulations, together with any amendments thereto, shall be maintained
on file with the City Clerk.
- 15 -
ARTICLE XIII - WORKING OUT OF CLASSIFICATION
13.1 EMPLOYER shall avoid, whenever possible, working an employee on an "
out-of-class assig�ent for a prolonged period of time. Any employee
working an out-of-class assignment for a period in excess of fifteen
(15) consecutive working days shall receive the rate of pay for the
out-of-class assignment in a higher classification not later than
the sixteenth (16) day of such assigument. For purposes of this
Article, an out-of-class assignment is defined as an assigament of
an employee to perform, on a full time basis, all of the significant
duties and responsibilities of a position different from the employee•s
regular position, and which is in a classification higher thau the
classification held by such employee. The rate of pay for aa approved
out-of-class assigx�ment shall be the same rate the emgloyee wauld
receive if such employee recaived a regular appointment to the higher
classification.
- 16 -
, . . . � � �F�Y�L1J� Nr���'
4 �l �(� `��
ARTICLE XIV - DISCIPLINE
14.1 The II�LOYER will discipline employees for just cause only. Discipline
will be in the foYm of:
14.11 Oral reprimand;
14.12 Written reprimand;
14.13 Suspension;
14.14 Reduction;
14.15 Discharge
14.2 A notice in writing of Suspensions, Reductions and Discharges shall be
sent to the employee and the union seventy-two (72) hours after such
action is taken.
14.3 Employees and the UNION will receive copies of written reprimands and
notices of suspension and discharge.
14.4 Employees may examine all information in the II�'LOYER personnel files
that concerns work evaluations, commendations and/or disciplinary actions.
Files may be examined at reasonable times under the direct superv�sion of
the F�LOYER.
14.5 Discharges will be preceded by a five (5) day preliminary suspension without
pay. During said period, the employee and/or UNION may request, and shall be
entitled to a meeting with the EN�LOYER representative who initiated the •
suspension with intent to discharge. During said five (5) day period, the
II�LOYER may affirm the suspension and discharge in accordance with Civil
Service Rules or may modify, or withdraw same.
14.6 An employee to be questioned concerning an investigation of disciplinary
action shall have the right to request that a UNION representative be present.
14.7 Grievances relating to this Article shall be processed in accordance with
existing Civil Service procedures, except that oral and written reprimands
shall be taken up in the grievance procedure under Article XVIII.
- 17 -
ARTICLE XV - INSURANCE
15.1 The II�LOYER will continue for the period of this AGREEMENT to provide _
for employees such health and life insurance benefits as are provided
by the II�LOYER at the time of execution of this AGREEMENT.
15.2 The EMPLOYER will for the period of this AGREEMENT provide for employees
who retire after the time of execution of this AGREEMENT and until such
employees reach sixty-five (65) years of age such health insurance
benefits and life insurance benefits as are provided by the ENII'LOYER
for such employees.
15.3 In order to be eligible for the benefits under this early retiree provision,
the employee must:
15.31 Be receiving benefits from a public employee retirement
act at the time of retirement.
15.32 Have severed his relationship with the City of Saint Paul
under one of the early retiree plans.
15.33 Inform the Personnel Office of the City of Saint Paul in
writing .within 60 days of employee's early retirement date
that he or she wishes to be eligible for early retiree
insurance benefits.
15.4 For each eligible employee covered by this AGREII�NT who select Blue
Cross-Blue Shield insurance coverage, the City agrees to contribute the
cost of such coverage or $36.85 per month, whichever is less. In addition,
for each employee who selects Blue Cross-Blue Shield dependent's coverage,
the City will contribute the cost of such dependent's coverage or $42.43
per month, whichever is less.
15.5 For each eligible employee covered by this AGREEMENT who selects Group
Health insurance coverage, the City agrees to contribute the cost of such
coverage or $36.85 per month, whichever is less. In addition, for each
employee who selects Group Health.dependent's coverage, the City will
contribute the cost of such dependent's coverage or $35.93 per month,
whichever is less.
- 18 -
ARTICLE XV - INSURANCE (continued)
15.6 For each eligible employee covered by this AGREEMENT who selects the
Coordinated Health insurance coverage, the City agrees to contribute the
cost of such coverage or $36.85 per month, whichever is less. In addition,
for each employee who selects the Coordinated Health dependent's coverage,
the City will contribute the cost of such dependent's coverage or $35.29
per month, whichever is less. '
15.7 The City agrees to contribute the cost for $5,000 of Life Insurance Coverage
for each employee who is eligihle for such coverage or $2.95 per month,
whichever amount is less. This contribution shall be paid to the City's
Group Health and Welfare Plan. Any increase in this cost shall be paid
by the employee.
15.8 Effective January 1, 1980, the figures in Articles 15.4, 15.5, 15.6 and
15.7 above will be increased in dollars to reflect the 1980 premium rates
for the respective coverages.
The increased cost to the employer for these higher contributions shall
be converted to a percentage by subtracting the average cost of the total
health and welfare and life insurance premiums for members of this bargaining
unit for the month of January 1979 from the average cost due to be paid in
January 1980 and dividing this by the average pay of these members as of
September 30, 1979 and, notwithstanding any provisions of this contract to
the contrary, this percentage shall be deducted from the wage increase
applicable to each and every employee in the bargaining unit for 1980.
Therefore, the across-the-board increase for 1980 shall be seven percent
(7%) less the percentage cost of these increased costs of insurance premiums.
- 19 -
� ARTICLE XV - INSURANCE (continued)
In the event that the adjustment in 15.8 results in a decrease in the weighted
average per employee paid by the employer for hospitalization and life
insurance for employees in this bargaining unit, such decrease shall be
converted to a percentage and notwithstanding any provision of this contract
to the contrary, shall be added to the wage increase applicable to each and
every employee in the bargaining unit.
Therefore, the wage increase for 1980 would be seven percent (7%) plus
the percentage decrease in the cost of the premiums.
In the event that the 1980 premium is not knowri in time to compute the
above rates for the first paycheck following January, 1980, the seven
percent increase shall be apglied and paid until such premium is known, and
at that time, the formula for reducing or increasing the seven percent shall
be applied, and the employees shall have any payments made by the II�LQYER
for this interim period deducted from their next paycheck. In the event the
formula produces an increase in excess of seven percent, such excess not
paid by the II�LOYER for this interim period shall be paid by the E1�'LOYER
to the employee.
15.9 On January 1, 1981, the dollar figures in 15.4, 15.5, 15.6 and 15.7 as adjusted
in accordance with 15.8 which reflects the employer's cost for insurance
premiums for employee coverages and dependent coverages shall be increased
or decreased in dollars to reflect the increase or decrease in the 1981
premium rates for the respective coverages.
The increased cost to the employer for these higher contributions sha11
be converted to a percentage by subtracting the average cost of the total
health and welfare and life insurance premiums for members of this bargaining
unit for the month of January 1980 from the average cost due to be paid in
January 198I and dividing this by the average pay of these members as of
- 20 -
ARTICLE XV - INSURANCE (continued)
September 30, 1980 and, notwithstanding any provisions of this contract to
the contrary, this percentage shall be deducted from the wage increase appli-
cable to each and every employee in the bargaining unit for 1981.
Therefore, the across-the-board increase for 1981 shall be seven
percent (7%) less the percentage cost of these increased costs of
insurance premiums.
In the event that this adjustment in 15.9 results in a decrease in
the weighted average per employee paid by the employer for hospitali-
zation and life insurance for employees in this bargaining unit, such
decrease shall be converted to a percentage and, notwithstanding any
provision of this contract to the contrary, shall be added to the wage
increase applicable to each and every employee in the bargaining unit.
Therefore, the wage increase for 1981 shall be seven percent (7�) plus
the percentage decrease in the cost of the premiums.
In the event that the 1981 premium is not known in time to compute
the above rates for the first paycheck following January, 1981, the
seven percent increase shall be applied and paid until such premium is
known, and at that time, the formula for reducing or increasing the
. seven percent shall be applied, and the employees shall have any payments
made by the employer for this interim period deducted from their next
paycheck. In the event the formula produces an increase in excess of
seven percent, such excess not paid by the employer for this interim
period shall be paid by the employer to the employee.
- 21 -
ARTICLE XVI - HOLIDAYS
16.1 Holidays recognized and observed. The following days sha11 be recognized
and observed as paid holidays:
New Years Day Columbus Day
Presidents' Day Veterans` Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day
Labor Day �ao floating Holidays.
Eligible employees shall receive pay for each of the holidaps listed abave,
on which they perform no work. Whenever any of the holidays listed above
shall fall on Saturday, the preceding Friday shall be �bserved as the
holiday. Whenever any of the holidays listed above shall fall on Sunday,
the succeeding Monday shall be observed as the holiday.
For those employees assigned to a work week other than Monday through
Friday, the holiday shall be observed on the calendar date of the holiday.
16.2 The floating holidays set forth in Section 16.1 abave may be taken at any
time during the contract year, subject to the approval of the Department
Head of any employee.
16.3 Eligibility Requirements. In order to be eligible for a holiday with pay,
an employee's name must appear on the payroll on any six working days of
the nine working days preceding the holiday; or an employee's name must
appear on the payroll the last working day before the holiday and on three
ather working days of the nine working days preceding the holiday. In
neither case shall the holiday be counted as a working day for the purposes
of this section. It is further understood that neither temporary, emergency
nor other employees not heretofore eligible shall receive holiday pay.
- 22 -
ARTICLE XVI - HOLIDAYS (CONTINUED)
16.5 If an employee entitled to a holiday is required to work on Washington's
and Lincoln�s Birthday, Christopher Columbus Day, or Veterans Day, he
shall be granted another day off with pay in lieu thereof as soon
thereafter as the convenience of the department permits, or he sha11 be
paid on a straight time basis for such .hours worked, in additian to his
regular holiday pay. If an employee entitled to a holiday is required
to work on New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day or Christmas Day, he shall be recompensed for work
done on this day by being granted compensatory time on a time and one-
half basis or by being paid on a time and one-half basis for such hours
worked, in addition to his regular holiday pay.
- 23 -
ARTICLE XVII - VACATION
17.1 In each calendar year, each full-time employee shall be granted vacation
according to the following schedule:
Years of Service Vacation Granted
. 0 - 4 years 10 days
after 4 years 15 days
after 9 years 17 days �
after 15 years 21 days
after 23 years 26 days
Employees who work less than full-time shall be granted vacation on a
pro rata basis.
17.2 The head of the Department may percuit an employee to carry over into the
following year up to ten days' vacation.
17.3 The above provisions of vacation shall be subject to Resolution No. 6446,
Section I, Sub. F.
17.4 If an employee has an accumulation of sick leave credits in excess of. one
hundred and eighty days, he may convert any part of such excess of vacation
at the rate of one-half day's vacation for each day of sirk leave credit.
The maximum number of days' vacation allowed by the conversion of sick
leave credits shall be no more than five days in any one year so that the
maximum vacation time which may be taken in any one year shall be thirtq-
seven days including the regular vacation period.
- 24 -
XVIII - GRIEVANCE PROCEDURE
18.1 The F�ff'LOYER shall recognize Stewards selected in accordance with UNION
rules and regulations as the grievance representative of the bargaining
unit. The UNION shall notify the EMPLOYER in writing of the names of the
Stewards and of their successors when so named.
18.2 It is recognized and accepted by the II�LOYER and the UNION that the
processing of grievances as hereinafter provided is limited by the Job
duties and responsibilities of the employees and shall therefore be
accomplished during working hours only when consistent with such employee
duties and responsibilities. The Steward involved and a grieving emplayee
shall suffer no loss in pay when a grievance is processed during working
hours, provided, the Steward and the employee have notified and received the
approval of their supervisor to be absent to process a grievance and that
such absence would not be detrimental to the work programs of the EMPLOYER.
18.3 The procedure established by this Article shall be the sole and exclusive
procedure, except for the appeal of disciplinary action as provided by
Article VII, for the processing of grievances, which are defined as an
alleged violation of the terms and conditions of this AGREEMENT. Grievance
shall be resolved in conforma.nce with the following procedure:
Step 1. Upon the occurrence of an alleged violation of this
AGREEMENT, the employee involved shall attempt to resolve the
matter on an informal basis with the employee's supervisor. If
the matter is not resolved to the employee's satisfaction by the
informal discussion it may be reduced to writing and referred to
Step 2 by the UNION. The written grievance shall set forth the
- 25 -
ARTICLE XVIII - GRIEVANCE PROCEDURE (CONTINUED)
nature of the grievance, the facts on which it is based, the alleged
section(s) of the AGREEMENT violated, and the relief requested. Any
alleged violation of the AGREEMENT not reduced to writing by the UNION
within seven (7) calendar days of the first occurrence of the event
giving rise to the grievance or within the use of reasonable diligence
should have had knowledge of the first occurrence of the event giving
rise to the grievance, shall be considered waived.
Step 2. Within seven (7) calendar days after receiving the written
grievance a desigaated �LOYER supervisor shall meet with the UNION
Steward and attempt to resolve the grievance. If, as a result of this
meeting, the grievance remains unresolved, the EMPLOYER shall reply in
writing to the UNION within three (3) calendar days following this
meeting. The UNION may refer the grievance in writing to Step 3 within
`� seven (7) calendar days following receipt of the II�'LOYER'S written
answer. Any grievance not referred in writing by the UNION within seuen
(7) calendar days following receipt of the II�LOYER'S answer sha11 be
considered waived.
Step 3. Within seven (7) calendar days following receipt of a grievance
referred from Step 2 a designated II�LOYER supervisor shall meet with
the Union Business Manager or his designated representative and attempt
to resolve the grievance. Within seven (7) calendar days following this
meeting the F.MPLOYER shall reply in writing to the UNION stating the
II�LOYERtS answer concerning the grievance. If, as a result of the
written response the grievance remains unreso2ved, the UNION map refer
the grievance to Step 4. Any grievance not referred to in writing by the
UNION to Step 4 within seven (7) calendar days following receipt of the
EMPLOYER'S answer shall be considered waived.
- 26 -
ARTICLE XVIII - GRIEVANCE PROCIDURE (CONTINUED)
Step 4. If the grievance remains unresolved, the UNION may within
seven (7) calendar days after the response of the E�LOYER in Step 3
by written notice to the EMPLOYER, request arbitration of the grievance.
The arbitration proceedings shall be conducted by an arbitrator to be
selected by mutual agreement of the F.NII'LOYER and the UNION within seven
(7) calendar days after notice has been given. If the parties fail to
mutually agree upon an arbitrator within the said seven (7) day period,
either party may request the Public Emplayment Relation Board to submit
a panel of five (5) arbitrators. Both the EL�LOYER and the UNION shall
have the right to strike two (2) names from the panel. The UNION shall
strike the first (lst) name; the II�'LOYER shall then strike one (1)
name. . The process will be repeated and the remaining person shall be
the arbitrator.
18.4 The arbitrator shall have no right to amend, modify, nullify, ignore, add to,
or subtract from the provisions of this AGREII�iT. The arbitrator shall
consider and decide only the specific issue submitted in writing by the
II�LOYER and the UNION and shall ha.ve no authority to ma.ke a decision on any
other issue not so submitted. The arbitrator shall be without power to make
decisions contrary to or inconsistent with or modifying or varying in any way the
application of laws, rules or regulations having the force and effect of law.
, The arbitrator�s decision shall be submitted in writing within thirty (30) days
following close of the hearing or the submission of briefs by the parties,
whichever be later, unless the parties agree to an extension. The decision
shall be based solely on the arbitrator's interpretation or application of
the express terms of this AGREEMENT and to the facts of the grievance presented.
The decision of the arbitrator shall be final and binding on the II+�LOYER,
the UNION, and the employees.
- 27 -
ARTICLE XVIII - GRIEVANCE PROCEDURE (CONTINUED)
18.5 The fees and expenses for the arbitrator`s services and proceedings shall
be borne equally by the IIKPLOYER and the UNION, provided that each party
shall be responsible for compensating its own representatives and wi.tnesses.
If either party desires a verbatim record of the proceedings, it may cause
such a record to be made, providing it pays for the record.
18.6 The time limits in each step of this procedure may be extended by mutual
agreement of the II�LOYER and the UNION.
18.7 It is understood by the UNION and the II�LOYER that a grievance may be
determined by either the grievance procedure of this contract or by the
provisions of the Persannel Rules of the City of Saint Paul. If an
issue is determined by this grievance procedure it shall not again be
submitted for arbitration under the Personnel Rules. If an issue is
` determined by the provisions of the Personnel Rules it shall not again
be submitted for arbitration under this grievance procedure.
- 28 -
ARTICLE XIX - RESIDENCY
18.1 The Residency Resolution effective August 4, 1979, in Council File
No. 273378 shall apply to all employees covered by this AGREEMENT.
- 29 -
ARTICLE XX - WAGE SCHEDULE
20.1 The wage schedule for purposes of this contract shall be Appendix A
attached hereto.
�
- 30 -
ARTICLE XXI - STRIKES, LOCKOUTS, WORK INTERFERENCE
21.1 The UNIONS and the II�LOYERS 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 any of
said UNIONS and/or the members thereof, and there shall be na
bannering during the existance of this AGREEMENT without first
using all possible means of peaceful settlement of any controvery
which may arise.
- 31 -
ARTICLE XXII - TERMS OF AGREEMENT
22.1 Complete Agreement and Waiver of Bargaining. This AGREEMENT shall represent
the complete AGREEMENT between the UNION and the �iPLOYER. The parties
acknowledge that during the negotiations which resulted in this AGREEMENT,
each had the unlimited right and opportunity to make requests and proposals
with respect to any subject or matter not removed by law from the area of
collective bargaining, and that the complete understandings and agreements
arrived at by the parties after the exercise of that right and opportunity
are set forth in this AGR�IIKENT. Therefore, the �iPLOYER 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 bargain
collectively with respect to any subject or matter referred to or covered
in this AGREEMENT.
22.2 Savings Clause. This AGREEMENT is sub�ect to the lau;s of the United States,
the State of Minnesota, and the City of Saint Paul. In the event any pro-
vision of this AGREEMENT shall hold to be contrary to law by a court of
competent �urisdiction from whose final judgment or decree no appeal has
been taken within the time provided, such provision shall be voided. All
other provisions shall continue in full force and effect.
22.3 Terms of Agreement. This AGREEMENT shall be in full force and effect from
January 1, 1980, to December 31, 1981, and shall be automatically renewed
from year to year thereafter unless either party shall notify the other in
writing by June 1, that it desires to modify or terminate this AGREEMENT.
In witness thereof, the parties have caused this AGREII�fENT to be executed
this 8th day of November, 1979.
`- 32 - _
ARTICLE XXII - TERMS OF AGREEMENT (CONTINUID)
22.4 This constitutes a tentative AGREEMENT between the garties which will
be recommended by the City Negotiator, but is subject to the approval
of the Administration of the City, the City Council, and is also
subject to ratification by the UNION.
WITNESSES:
INTERNATIONAL UNION OF OPERATIHG
CITY OF SAINT PAUL ENGINEERS, LOCAI. N0. 36 AND 967
BY: BY:
Labor Relations Director Business Manager, Local 36
BY: BY:
Civil Service Commission Business Manager, Local 967
- 33 -
APPEh'DIX A - WAGES
The wage rates and salary ranges for classifications in this unit are
effective December 30, 1978, as follows:
First After
6 mos 6 mos
Chief Qperating Engineer--Civic Center $9.6I $9.97
Custodian-Engineer I 7.71 8.Q6
Custodiaa-Engineer I (Library) 7.71 8.06
Custodian-Eagineer I--Public Safety 7.72 8.06
Custodian-Engineer II 7.83 8.2g
Custodian-Eagineer II (Library) 7.83 8.29
Custodian-Engineer III 8.06 8.50
Custodian-Eagineer IV 8.32 8.78
Custodian-Engineer V 8.63 9.06
Custodian-Eagineer (Public Safety Bldg.) 9.32 9.68
***Filter Plant Operator I 7.84 8.19
Filter Plant Operator I 8.34 8.69
Filter Plant Operator II 8.$4 9,2Q
House Custodiaa II 5.86 ----
Instrimment Repafrmen (Filter Plant) 8.84 9.20
Lime Recovery Operator 8.34 8.69 �
Maintenance Man 8.34 8.69
Operating Engineer I--Civic Center 8.34 8.69
Operating Engineer II--Civic Center 8.84 9.20
Purmping Engineer I 8.34 8.69
Pumping Engineer II 8.84 9.20
Pumping Engineer III 9.6I 9.97
Sewer Pumping Station Operator 9.22 9.58
Stationarp Engineer 8.34 8.69
*Stationary Fireman 8.13 8.48
Supervisory Stationary Engineer 8.77 9.I2
Water Plant Aide 7.Z2 g�07
Af ter Af ter Af ter
Start 6 mos I-qear 2-years
Custodian , $6.74 $6.93 $7.Ob $7.27
General Matron
319.22 330.46 342.25 355.17 368.10 382.14 390.OZ 398.99
Custodian (Light Du�)
357.98 371.47 384.95 398.99 414.73 430.46 440.57 45I.24
Watchman I
359.21 373.82 387.30 401.91 417.64 435.Ob 444.04 455.28
- A1 -
APPENDIX A - WAGES (CONTINUED}
�
Watchman II
394.04 408.65 423.82 440.11 457.53 476.47 488.43 499.66
Watchman-Water Departmet
406.76 421.37 436.54 452.83 470.25 488.79 501.15 512.38
Civic Center Plant Helper
558.94 573.27 �
Assistant Superintendent of Stadium
507.64 527.87 548.09 571.69 594.72 619.44 635.17 653.15� �
Stadium Supervisor
670.34 688.85
Persoanel hired for employtnent with the City after the date of the signing of
this agreement, to a class of positions listed in 1 above, shall be compensated
at the "0 - 6 months" hourly wage rate during their probationary period. After
completion of the probationary period the employee shall b� paid at the "after
6 months" hourly wage rate. Etnployees promoted from any of the positions listed
in 1 above to any position listed in 1 above shall receive the "after 6 months'r
hourly wage rate.
Temporary and emergeney employees shall be paid the minimum rate indicated� in
this appendix for the classification in which they are employed.
- A2 - .
. � . �`��'���
APPEi�1DIX A - �dAGES (CONTINUID)
Effective December 29, 1979, all rates in this Appendix "A" shall be increased
seven (7) percent. However, this increase shall be adjusted in accordance with
Article 15.8.
Effective January 3, 1981, the rates which became effective on December 29, 1979,
shall be increased seven (7) percent. However, this increase shall be adjusted
in accordance with Article 15.9.
- A3 -
. .. . .. .. , .a . ..... ..:_. ,. . .. .. . . . . . . . . . .. . . ..
YIiL�•�. � � . : � . ... . � '` . � - ,.... . . . ;� ..,:: i ',i.
� �o not detach thi� memnrandum f�'orr� the �I` ' ;
resotution _so tMat th�s fi�nformation witt be -
available to the City Council. .
E�PLt�NATIQN 'QF AEI�II�IS�iTI�VS �?� � ��.� :
. RESQ ` X
Dat : �vember 12,; 1979
� �ORGE LA�I1�R � ��� , , ;
� T0. M$'��R G �� t �/�D
FR• Feraonnel Office . a '� f 4� j
. �rp,�.s
�, Resc�luticm for subm�,esion to Cfty Cotancil. �
A IC)1� TE� �.�
�;,.
+ `J ; �?e recc�mm�nd your approval and submiseion .of this Rt�oluti�a� to the C�ty C�il. ,
I
Nr' .. � � � I . - . � . � � � �"��
� � ' �SE AAi� RATIONAL$:Ft1R TSIS ACTI0�1: . �
� --:;
is reamlu'tion, apgra�res the 1980-81 Labor Agreements be�►een fhe City,I�� �625 � b
; a� Locals 36 aad 967. This Agreemei�t calls for a� 7�o saiary increase each y��.r. � �..;
�� 's ?% v�►ill be reduced by the percent�,ge co�t of the e�loyer�e i�creased c�a"�ribu��t
ard`Hea;lth & Welfare coverage and an improved vacatfon s�iedule. �'he s�L^'i.�s��d
c t af �es� fringe benefit impr�nvements is 2_. 5%. Thi� a;eaves a 4. 5�o salary' i�.cr+eae�e, . , :r
, A,new mileage clause (Ar�icle XII) is also ittcluded as vvell as a�naw reaidency cl��se {�
,. ( rtic�.e X�� and a clause deala.ag with Maternity �eave (Ar�ic�e 8.4�;► ':
�. .
� ticle 14. 2 dealing with suspension, reductioz► and disch�arges is also revf�ercl.
A� i;�cle 15. 33 which deals with early retiree ins�raace ia new eon�ract langt��.
. . . . . � . . . . � . . . . . ..F ,;.
�i tic�e 21. 1 dealir�g with strikes and lockouts is �ZsQ �.e�v'],�ag:�age.
> '::
, •.
�
Z'TACI�►lEI�1TS: . .
eevlution, Labox Agreernent, and ctr�y for G�t� Glerk.
:.)
�. : :::
�