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273918 WMITE - CITV CLERK /- / ��,(1 COUtICII �� '� PINK - FINANCE G I TY O F SA I NT PA U L CANARV - DEPARTMENT BI.UE - MAVOR File NO. Council Resolution Presented By � Referred To Committee: Date Out of Committee By Date An Administrative Resolution approving the terms and conditions of a 1979 Agreement between the City of Saint Paul and the International Association of Fire Fighters AFL-CIO, Local 21, regarding the provisions of the 1979 Arbitration Award. WHEREAS, the Council, pursuant to the provisions of Section 12. 09 of the Saint Paul City Charter and the Public Employees Labor Relations Act of 1971, as amended, recognizes the International Association of Fire Fighters AFL-CIO, Local 21, as exclusive representative for those classes of positions within the City of Saint Paul certified by the Bureau of Mediation Services under Case No. 73-PR..169-A for the purpose of ineeting and negotiating the terms and conditions of employment for all full-time personnel in the classes of positions as set forth in the Agreement between the City and the exclusive representatives hereinabove referenced; and WHEREAS, the City, through designated representatives and exclusive representatives have met in good faith and entered into arbitration regarding the terms and conditions of employment for the period' January 1, 1979, through December 31, 1979, for such personnel as are represented by the exclusive representative; and WHEREAS, an Arbitration Award dated July 18, 1979, has been issued; now, therefore, be it RESOLVED, that the Agreement, cited above, dated as of the effective date of this Resolution, between the City of Saint Paul and the International Association of Fire Fighters AFL-CIO, Local 21, 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 Agreement on behalf of the City. Approved: �� airman, Ci rvic ommission COUNCILMEN Yeas Nays Requested by Department of: XX�i�X McMahon PERSO EL OFFICE Hozza In Favor Hunt Levine __ Against BY Maddox Show T sCO OCT 2 3 1979 Form A roved by Cit y Adopt y Council: Date � C tified P•s- by Co re�ary BY � Ikp ro e by iVlavor. Da _��. Ap ro d by Mayor for S b 'ssiotl�to Cou cil B B P��.rst�� N OV 3 197� ,� . f i� . .. ° ��" ��,� :� ' _ ` � � � : . � �it � 1ZjI975 . , � Rsv.s 918i1�6 � * � . �TIQ�i. t�I+' � _R8S01�Q1"�911�..,,,, ;t� - r �' . . . . �. . � � . . � ,. . : �. A . � . �. . �Itt�z �pternber 28, 1979 . ��'_?�„ �. j �X � � �. � : OCT 4 - �979 r' T0 s. b�t1Y+OR �B�tiGE I�'IMSB , �A�S � � 4. . .. , . . . . . . . . . . . . - . � �: ��l�'BQ�� .CA . � � R$. �am�utiion far aubmiaeio�t to C3tp Council � g' ' � -� A4T�.,�,�IEU,�„T�':� � , � 'We ��avyma�td Yoar app=o�a1 and� submiesic� ot. Chis Resalu�ioa to tbe�-Cl.ty Councii, h � . , -;,:� F . . . ' . ' . ' . . ' . . . ��'qi �� F{AJ'�A iiiL�-AVii�e�� tFl �� - ��, i �n i i,� ..i ■ � i�i �i�iii�i."__�� i�.��i.�.��. i r i � � . . . � . . � - . . . .'d � � T�tis rei�+�al��iro.z� approv�s the 1979 Collective Bargaining Agreement U�tween fhe CiZy - � aad Fis� Fi�t�rs Local #21. . , �; �. _ � � ��s �s the cQrnplete 1979 contract. The 1979 chaages involve only �e itexn�s �rovided, ` �or b� the Arbitra.tion Award. The wage iacreaae aad Re�idency la.n.g�age has�already _ � 'l�te�i itnplemettted by a Memorandum of Agreernent. This complete contract tnca�rporates „ �. th�se provi�i�ts aad adds Artiele 10. 6. This is t�ie language regarding Job Transfer.by Bid 5yat�ern. I� basically providea for vacaaciee to be filled by lateral transf�rs t�rough ;` a bidding sya�e�rn ba�ed on seniority. � Ia.addi:tion to 'the above, the following correction was made. In Article 20, l, the ref�rea�� „ to Sectioa 35E of the Civi.l SQrvice Rvtles was changed to Seetion 20 to reflect the:eectiat� � + ia the revised �ivil Service Rules vdhfch deals with Sick Leave. �. �' � . . fi , �..� . . .�. ... 2 . .. -:♦��:. .. � . . _ . � } A�'.T�B t� . » . Resolutiai�, 1q79 Contract and copy for City Clerk. ' � � . ; 7 . � �a . _ , . . � , : � . , . � , ..> , : _ . . .. . . ..:. _ . .., �:: . ;, ..: ,� . . . _ � � , . . V ' � .. � �'��.� � w � F. 1979 AGREEMENT - between - THE CITY OF SAINT PAUL - and - . THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AFL-CIO LOCAL 21 . • INDEX ARTICLE TITLE PAGE . Preamble iii I Purpose 1 II Definitions 2 III Recognition 4 IV Security ,5 V Employer Authority 6 VI Employee Rights - Grievance Procedure 7 ' VII Saving Clause 11 VIII Position Openings 12 , IX Working Out of Classification 13 X Seniority 14 XI Overtime 17 XII Call Back lg XIII Military Leave of Absence 19 XIV Insurance 21 XV Exchange of Tours of Duty 23 �XVI Vacation 24 XVII Solidays 25 XVIII Incapacitation 2C RIX Residence 27 XX Sick Leave Zg XXI Fire-Fighting Equipment 30 . XXII Station Supplies 31 XXIII Teleghones 32 XXIV Wage Schedule 33 XXV Uniform Allowance 34 XXVI . Legal Service 35 XXVII Severance Pay 36 XXVIII Physical Incapacitation 37 XXIX City Mileage 3$ XXX Paid Time Off For Negotiations 39 �I Duration of Agreement 40 Appendix A A1 APAendix B B1 -ii- P R E A M B L E This AGREEMEN'T is entered into on the 27th day of SeptemUer,1979, between tfie City of Saint Paul, hereinafter referred to as the II�LOYER, and ' the Intemational Association of Fire Fighters AFL-CIO Local 21, hereinafter referred to as the UNION. The II�'LOYER and the UNION concur that this AGREEMENT has as its basic ob�ective the promotion of the mutual interests of the City of Saint Paul an.d its employees to provide the highest level of services by methods which will best serve the needs of the general public. -iii- ' . � . �F��.�� . ARTICLE I - PURPOSE 1.1 The II�LOYER and the UNION agree that the purpose of entering into this AGREEM$NT is to: 1.11 Achieve orderly and peaceful relations. 1.12 Establish the full understanding of the parties concerning terms and conditions of this AGREEMENT. 1.13 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this AGREII�IENT. 1.14 Place in written foxm the parties' agreement upon terms and con- ditions of employment for the duration of this AGREEMENT. , -1- ARTICLE II - DEFINITIONS 2.1 UNION: International Association of Fire Fighters AFL-CIO Local 21. 2.2 E[�'LOYER: The City of Saint Paul. 2.3 UNION MEMBER: A member of the International Association of Fire Fighters AFL-CIO Local 21. 2.4 EMPLOYEE: A member o£ the exclusively recognized bargaining unit. 2.5 VACANCY: As determined by the department head, a funded position opening in a class specified in Article 3.2. 2.6 POSITION: Any specific office, employment or job in the Fire Department in a class specified in Article 3.2. 2.7 TOUR OF DUTY: A. For a fifty-six (56) hour work week employee: The performance of job duties and acceptance of the responsi- bilities of a position for a consecutive and uninterrupted twenty-four E24) hour period from 8:00 a.m. on a calendar day to 8:00 a.m. on the following calendar day. B. For a forty (40) hour work week employee: The performance of job duties and acceptance of the responsi- bilities of a position for a consecutive and uninterrupted eight (8) hour period within a calendar day. 2.8 SENIORITY: An F•[�LOYEE'S length of continuous employment in the EMPLOYERTS Fire Department. 2.9 DEPARTI�IENT: The fire department of the City of Saint Paul as established and amended from ti.me to time pursuant to Section 9.01 of the City Charter. 2.10 OVERTIrIE: Sdork performed by an EhIPLOYEE in excess of the EriPLOYEE'S tour of duty by order of the ENIPLOYER. -2- ARTICLE II - DEFINITIONS (continued) 2.11 OVERT IlKE PAY: Overtime pay for the purposes of Articles XI and XII will be � based on a forty (40) hour work week. 2.12 WORK WEEK: The work week for II�LOYEES working twenty-four (24) hour tours of duty will be an averaged fifty-six (56) hour per calendar week. The work week for II�LOYEES working eight (8) hour tours of duty will be forty (40) hours per calendar week. 2.13 CALL BACK: A call to report for work by the II�LOYER during an II�LOYEE'S scheduled off time. � � � �i � -3- � ARTICLE III - RECOGNITION 3.1 The EMPLOYER recognizes the UNION as the exclusive representative for the � purpose of ineeting and negotiating the terms and conditions of employment for all eligible personnel under P•finnesota Statutes. 3.2 Job classes which are within the bargaining unit and covered by this AGREEMENT are as follows: Fire Captain - Fire Equipment Operator Fire Engineer Fire Fighter Fire Investigator Fire Prevention Inspector Fire Alarm Dispatcher I Fire Alarm Dispatcher II 3.3 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job posi�ion, the issue shall be submitted to the Bureau of Mediation Services for determination. i � � -4- � ARTICLE IV - SECURITY 4.1 The F�IPLOYER shall deduct from the wages of E�IPLOYEES who authorize such , a deduction in writing an amount necessary to cover monthly UNION dues and assessments. Such monies shall be remitted as directed by the W I0�'. 4.2 The UNION may designate II�LOYEES from the bargaining unit to act as stewards and shall inform the �IPLOYER in writing of such choice. 4.3 The II�LOYER shall make space available on bulletin boards for posting UNION notice(s) and announcement(s). 4.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or judgments brought or issued against the city as a result of any action taken or not taken by the city un.der the provisions of this article. -5- ARTICLE V - EMPLOYER AUTHORITY 5.1 The UNION recognizes the right of the II�:PLOYER 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 EriPLOYER has not officially abridged, delegated or modified by this AGREII�IENT are retained by the EMPLOYER. -6- , ARTICLE VI - F1��LOYEE RIGATS - GRIEVANCE PROCEDURE 6.1 Definition of Grievance ' A grievance is defined as a dispute or disagreement as to the interpretation . or application of the specific terms and conditions of this AGREEMENT. It is specifically understood that any matters governed by civil service rules or statutory provisions shall not be considered grievances and subject to the grievance procedure hereinafter set 'forth. No disciplinary action which may be appealed to a civil service authority will be considered a grievance and subject to the grievance procedure herein. 6.2 Union Representatives The ENNIPLOYER will recognize II�LOYEE REPRESENTATIVES designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The UNION shall notify the EMPLOYER in writing of the names of such UNION REPRESENTATIVES and of their successors when so designated. The II�LOYER shall notify the UNION in writing of the name or names of the II�LOYER'S grievance repre- sentatives and of their successors when so designated. 6.3 Processing of Grievances It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the �ob duties and responsibilities of the II�'LOYEES and shall therefore be accomplished during normal working hours only when consistent with such � II�LOYEE duties and responsibilities. The aggrieved II�LOYEE and the UNION shall �e allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal warking hours provided the IIKPLOYEE and the UNION have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of tfie EMPLOYER. _�_ : ARTICLE VI - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) 6.4 Procedure Grievances, as defined by Section 6.1, shall be resolved in conformance with the following procedure: Step 1: An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREIIKENT shall within twenty-one (21) calendar days after such alleged violation has occured present such grievance to the E1�'LOYEE'S super- visor as designated by the F�Il'LOYER. The II�LOYER-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing by the UNION setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, arzd shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. ' Step 2: If appealed, the written grievance shall be presented to and discussed with the EhiPLOYER-designated Step 2 representa- tive. The IIKPLOYER-designated representative shall give the UNION the IIKPLOYER'S Step 2 answer in writing within ten (10) calendar days after the receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 by the UNION within ten (10) calendar days following the F.MPLOYER-designated repre- sentative�s final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. � � . � . n � � � � � . ARTICLE VI - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) Step 3. A grievance unresolved in Step 2 and appealed to Step 3 shall be submitted to arbitration by the UNION subject to the pro- visions of the Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. 6.5 Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of the AGREEMENT. The arbitrator shall eonsider and decide only the specific issue(s) submitted in writing by the II�iPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitratur 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 is later, unless tfie parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of the AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the II�LOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. . -9- ARTICLE VI - EMPLOYEE RIGHTS - GRIEVAI3CE PROCEDURE (continued) 6.6 Waiver � If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the F.MPLOYER'S last answer. If the II�LOYER does not answer a grievance or an appeal thereof withi.n the specified time limits, the UNION may elect to treat the grievance as denied at the step and i�nediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the ENIPLOYER and the UNION in each step. -10- ARTICLE VII - SAVINGS CLAUSE 7.1 In the event any provision of this AGREII�IENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions , shall be voided. All other provisions shall continue in full force and effect. The voided provisions may be renegotiated at the request of either party. -11- . • �� ARTICLE VIII - POSITION OPENINGS 8.1 To expedite the filling of vacancies under civil service procedures, the head of the department or designated representative will: 8.11 Make requisition for certification of �ligibles to fill a vacancy within fifteen (15) days after determining that a vacancy exists. 8.12 Within fifteen (15) days after the department head has met with the certified eligibles, he will fill a vacancy. 8.13 If no eligibility list is in effect when a vacancy occurs, the department head shall within fifteen (15) days request the appropriate civil service officials to conduct an exam- ination for the purposes of establishing an eligibility list. -12- - � ARTICLE IX - WORKING OUT OF CLASSIFICATION 9.1 Any EMPLOYEE required by the F.t�'ZOYER to perform the work duties and accept the responsibilities of a higher class, will receive the rate of pay for .that class beginning with the tour of duty, provided that he shall work a full tour of duty. It is understood that the higher rate shall not apply when an II�LOYEE works i.n the higher class for less than a full tour of duty. I . � I � ; �� -13- ARTICLE X - SENIORITY 10.1 Department Seniority. For the purposes of this AGREEMENT department seniority shall be defined as tre length of continuous and uninterrupted employment in the fire department. 10.2 Seniority Lists. The department shall maintain at all times during this AGREEMENT seniority lists by department. 10.3 Loss of Department Seniority. An EMPLOYEE will lose acquired department seniority in the following instances: 10.31 Resignation 10.32 Discharge 10.33 Retirement � 10.4 Work Force Reduction. In the event of a reduction in the department work force, such reduction shall occur on the hasis of seiYiority in the department. 10.5 Reduction in Rank. Reduction in rank shall be in accordance with the Civil Service Rules as of June 30, 1973. (Except as indicated below) 10.51 Reduction in rank for periods up to but no more than 30 consecutive calendar days will be by platoon seniority. 10.52 Reduction in rank for more than 30 consecutive calendar days sha.11 be in accordance with the Personnel Rules as � of June 30, 1973. 10.53 There will be a minimum of 3.6 regular Fire Captains appointed for each engine, squad and ladder company. 10.54 There will be a minimum of 3.6 regular Fire Equipment Operators - Fire Engineers appointed for each engine, squad and ladder company. This minimum number shall include the starred men in this position until they are phased out by nom►al attrition. ' 10.55 When promotion positians (Fire Captain - Fire Equipment Operator) fall below minimum requirements (3.6 per position) , the Chief of the Fire Department will use existing eligibility lists to £ill vacancies within 15 calendar days. - 14 - ARTICLE X - SENIORITY (continued) 10.56 Short Term Demotion: I. The man demoted goes to the last rank held and is assigned • to the pool. 2. Vacation selections will not be affected �by short term demotion (i.e. Fire Captain demoted for short term to Fire Fighter will retain his vacation selection in the Fire Captain rank.) 1�.57 All promoted personnel will be designated a platoon regardless of assignment. Such platoon assignment will determine their seniority to be followed in cases of reduction in accordance with Section 10.51. 10.6 Job Transfer by Bid System The EP4PLOYER and the UNION recognize the principal of seniority. In the event of a job opening due to the promotion, transfer, demotion, retirement or demise of an employee, which the employer determines should be filled by a lateral transfer, such transfer "shall be made in accordance with the follow- ing provisions. 10.61 All positions to be filled by lateral transfer shall be announced by bulletin, which shall be posted for a period of thirty (30) days prior to the date service is to commence in the vacant position. Such positions shall be considered open for written bid for the thirty (30} day period. 10.62 For the convenience of the employer, temporary assignment to a vacant position ma.y be made during the thirty (30) day period for which the position is open for bid. Any such temporary assignment, however, shall not be of a duration in excess of two (2) days beyond the expiration of the thirty (30) day bid period. 10.63 Employees who desire bulletined positions shall file written applications therefor not later than 2400 hours on the date of expiration of the bid period. Such applications shall be filed by delivery to the employee's Union officer of the original and one copy of the application, both of which shall be time stamped when received. The Union officer shall be responsible for deli- vering the original application to the employer and all such applications shall be so delivered not later than 1630 hours on the day following the close of the bid period. 10.64 Assignment to positions for which bids have been received shall be made not later than the second day following the close of the bid period. 10.b5 In the event one or more employees submit bids for the same position, the position shall be filled in accord with the following: - 15 - ARTICLE X - SENIORITY (continued) ' a) Except in those cases contemplated by subparagraph (b) , below, the bidding emplo}ee with the greatest seniority . shall be transferred to fill the position. Provided, however, that in the event that the employer determines that transfer of the most senior applicant :or less senior applicant(s) is not in the best interest of the Department, another enployee may be transferred to fill the position. In every such case, however, the employer shall provide to the most senior bidder and any other unsuccessful less senior bidder(s) a written statement of the reasons and factual basis on which the decision not to transfer him to fill the position was based. b) In cases where the position to be filled by lateral transfer is such that a paramedic who bid therefor would, if transferred to fill the position, be enabled to make use of his paramedic skills and training and such paramedic was not at the time of making his bid in such a position on the Department, the employer may transfer the most senior paramedic who bid to fill the position without regard to tha seniority of other applicants. 10.66 In the event no bid is received for a posted position, the - employer may offer the position to any employee or transfer the most �unior employee on the seniority roster to fill the position. 10.67 When an employee bids for and is awarded a bulletined position and in the event the employer detennines that the employee's former position is to be filled by lateral transfer, the employee's former position shall be filled in accordance with the terms set forth above. 10.68 Employees who have bid for and been awarded a bulletined position shall not be permitted to bid for the vacancy created by their transfer until that vacancy has been filled at least once in the manner set forth herein. - 16 - � : �'�� . �� ARTICLE XI - OVERTIME 11.1 II�LOYEES required to work hours in excess of their assigned tour of dutp will be compensated at the rate of one and one-half (1�) times the F•I�LQYEE'S normal rate in cash. 11.2 (a) II�LOYEES working a forty (40) hour work week may accumulate up to a maximum of forty (40) hours of compensatory time. (b) It is also agreed that FIRE PREVENTION II�LOYEES may accumulate up to a maximum of fifty-six (56) hours of compensatory time. It is understood that compensatory time shall be scheduled only with the prior approval of management, and that such time shall not be scheduled so as to interfere with operations. Such time shall normally be scheduled in eight (8)-hour segments, except that FIR.E PREVENTION II�lPLOYEES may, with the approval of the Fire Chief, take time off in four (4)-hour segments. - 17 - ARTICLE XIi - CALL BACK 12.1 F.MPLOYEES required to report for work by the II�LOYER during scheduled � off-duty time will be compensated at the rate of one and one-half (1�) times the EMPLOYEE'S normal hourly rate. The minimum payment under this Article will be four (4) times the EMPLOYEE'S hourly rate. An early report of two (2) hours or less or an extension of a normally scheduled tour of duty shall not qualify an II�LOYEE for this minimum payment. - 18 - ARTICLE XIII - MILITARY LEAVE OF ABSENCE 13.1 Pay Allowance Any EMPLOYEE who shall be a member of the National Guard, the I3ava1 Mil.itia or any other component of the militia of the state, now or hereinafter organized or constituted under state or federal law, or who shall be a member of the Officer's Reserve Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval force of the United States, now or hereafter organized or constituted under federal law, shall be entitled to leave of absence from employment without loss of pay, seniority status, efficiency rating, vacation, sick leave or other benefits for all the time when such EMPLOYEE is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, provided that such leave shall not exceed a total of fifteen (15) days in any calendar year and further provided that such leave shall be allowed only in case the required military or naval service is satisfactorily performed, which shall be presumed unless the contrary is established. Such leave shall , not be allowed unless the E1�LOYEE (1) returns to his position immediately ' upon being relieved from such military service and not later than the expiration of the time herein limited for such leave, or (2) is prevented from so returning by physical or mental disability or other cause not due to such II�LOYEE'S own fault, or (3) is required by proper authority to continue in such military or naval service beyond the time herein limited for such leave. - 19 - ARTICLE XIII - MILITARY LEAVE OF ABSENCE (continued) 13.2 Leave Without Pay � Any II�PLOYEE 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 subject to such conditians as are imposed by law. 13.3 Such leaves of absence as are granted under Article XIII shall conform to Minnesota Statutes, Section 192, as amended from time to time and shall confer no additional benefits other than those granted by said statute. - 20 - ARTICLE XIV - INSURANCE 14.1 The EMPLOYER will continue for the period of this AGREEMENT to provide ' for EMPLOYEES such health and life insurance benefits as are provided by EMPLOYER at the time of the execution of this AGREEMENT. 14.2 The EME'LOYER will for the period of this AGREEMENT provide for II�LOYEES who retire after the time of execution of this AGREII�NT and until such II�LOYEES reach sixty-five (65) years of age such health insurance benefits as are provided by the EL�LOYER. 14.3 In the event of the death of an active EhiPLOYEE or an early retiree, the dependents of such II�LOYEE or retiree shall have the option within thirty (30) days to continue or begin the current hospitalization and medical benefits, including such i.mprovement as may be made from time to time, which said dependents previously had, or be eZigible for at the premium applicable to dependents of active employees. It is further understood that coverage shall cease in the event of: 14.31 Subsequent remarriage of the surviving spouse of the deceased employee or retiree. 14.32 The employment of the surviving spouse where hospitalization aad medical insurance coverage is obtained through a group program by said employer. It is further understood, however, that in said event, the surviving spouse shall have the right to maintain City hospitalization and medical insurance coverage for the first ninety (90) days of said employment. 14.4 City provided life insurance in existence at time of retirement shall continue to be provided by the City after an employee shall take early retirement, but such coverage shall terminate at age 65. -21- ARTICLE XIV - INSURANCE (continued) 14.5 All early retirees covered in this Bargaining Unit shall receive the same � Health and Welfare benefits regardless of the date of their early retirement. In order to be eligible for the benefits under this early retiree provision, the employee must: 14.51 Be receiving benefits from a Public Employee Retirement Act. 14.52 Have severed his relationship with the City of Saint Paul under one of the early retiree glans. The City and above Union also agree that any employee who is eligible for a deferred Fire Pension shall receive such Health and Welfare benefits when he begins to receive his pension benefits. 14.6 The City agrees to contribute the cost of hospitalization and medical coverage or $36.85 per month, whichever amount is less, for each employee who is eligible for such coverage. In addition, for each eligible employee who selects dependent's coverage, the City will contribute one-half (�) of the cost of such dependent's coverage or $42.43 per month, whichever amount is less. These contributions shall be paid to the City's group health and welfare plan. Any increases in these costs shall be paid by the employee. 14.7 The City agrees to contribute the cost for $5,000 of life insurance coverage for each employee who is eligible for such coverage or $3.25 per month, whichever amount is less. This contribution shall be paid to the City's group health and welfare plan. Any increase in this cost shall be paid by the employee. - 22 - . r f°'�,� o� ��C�a�' u l. ARTICLE XV - EXCHANGE OF TOURS OF DUTY 15.1 Voluntary exchanges of tours of duty shall be granted only after approval • by the department head or his designated representative. 15.2 No II�LOYEE shall be entitled to working out of classification pay under Article IX as a result of any voluntary exchange of tours of duty. - 23 - ARTICLE XVI - VACATION 16.1 II�LOYEES shall be granted in each calendar year vacation at the rate of two (2) times the number of hours designated as the work week. After five (5) years of continuous employment in II�LOYER'S fire department, EhhiPLOYEES shall be granted vacation at the rate of three (3) times the number of hours designated as the work week. After fifteen (15) years of continuous employment in ENIPLOYER'S fire department, EMPLOYEE$ shall be granted vacation at the rate of four and two-tenths (4.2) times the number of hours designated as the work week. After twenty-five (25) years of continuous employment in II�LOYER'S fire department, EMPLOYEES shall be granted vacation at the rate of four and four-tenths (4.4) times the number of hours designated as the work week, 16.2 The department head may permit EMPLOYEES to carry over into the following calendar year vacation time equivalent to two work weeks. Vacation schedules shall be fixed by the department head. Ari EMPLOYEE not working full-time shall be granted vacation on a pro-rata basis. 16.3 EhIPLOYEES separated from employment by reason of resignation shall be granted such vacation pay as has been earned and remains unused at the time of separation, provided notification of resignation has been sent to the department head, in writing, at least fifteen (15) calendar days prior to the date of resignation. II�IPLOYEES separated from employment by reason of discharge, retirement or death shall be granted such vacation pay as has been earned and remains unused at the time of segaration. EMPLOYEES granted more vacation time than earned at the time of separation from em lo ent shall a the II�LOYER for such unearned vacation P Y� P Y • 16.4 This article shall not a 1 to tem orar or emer enc em 1 e II PP y p y o es. � g Y P Y � � - 24 - � ARTICLE XVII - HOLIDAYS 17.1 In addition to what is provided in Saint Paul Ordinance No. 6446, add one additional floating holiday which is to be added to the vacation schedule by increasing vacation by .2 (two-tenths) times the number of hours designated as the work week. 17.2 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. �I , , - 25 - � i I , ARTICLE XVIII - INCAPACITATION , 18.1 II�LOYEES injured during the course of employment and thereby rendered incapable of performing job duties and responsibilities shall receive � full wages during the period of incapacity, not to exceed the period equal to twelve (12) months plus accumulated sick leave. It is under- stood that in such cases, the twelve (12) month period shall first be utilized and only when same is exhausted shall accumulated sick leave be agplicable. 18.2 EMPLOYEES disabled through injury or sickness other than specified in Section 18.1 above shall receive full wages for a period equal to acc�ulated sick leave, plus six (6) months as provided herein. It is understood that in such cases, accumulated sick leave shall first be utilized before the six (6) months, or any part thereof, shall be agplicable. It is further understood that the six (6) month period sha11 be available only in those years where the last available Annual Report of the City Civ�l Service office shall show average sick leave used per Fire Department Employee (based on the 1972 Annual Report method of calculating same) , of eight (8) days or less. 18.3 II�LOYEES injured or incapacitated by illnesses in the line of duty shall be entitled to reinstatement at any ti.me within five (5) years from the date of in�ury or incapacity provided they are physically capable of resuming their �ob. 18.4 Except as specifically provided in this Article, all illness and incapacity rules and policies previously in effect shall continue. - 26 - ARTICLE XIX - RESIDENCE 19. 1 Employees shall be bona fide residents of the following areas: • Ramsey County, Washington County, Anoka County, Dakota County, that part of Hennepin County which lies east of Highway 101 and that part of Chisago County lying south of Highway 95. 19.2 All new employees appointed after the date of signing of the contract between the City and Uniformed Fire Fighters Local 21 will be required to reside in the City of St. Paul within one year of their original appoint- ment and thereafter will be required to remain within the City limits as ' long as they are employed by the City of St. Paul. 19.3 Every employee appointed prior to June 16, 1977, holding a position in the ' classified or unclassified service of the City who lives in the City of I Saint Paul must maintain residence in the City limits of the City of i � Saint Paul as long as he is an employee of the City. 19.4 Every employee appointed prior to June 16, 1977, who lives outside of the � City of Saint Paul and who changes his residence must move into the City of � Saint Paul at the time of such change of residence. 19.5 Exemptions to the above residency requirements may be granted upon applicatian by an employee to the Civil Service Commission and the Commission's finding, after the taking of testimony, that: 19.51 The employee is handicapped and cannot find a suitable residence within the City. 19.52 The employee has actually entered into a contract to purchase a home outside the City or has actually entered into a contract for the construction of a residence prior to the date that this Article becomes effective. 19.53 The employee inherits a residence outside of the City and sub- sequently resides in that residence. 19.54 The employee will suffer extreme and severe financial hardship if he or she is required to take residence in the City. 19.55 The employee has lived outside of the City and is changing residence, but has two or less years remaining until mandatory retirement. - 27 - 1 ARTICLE XTX - RESIDENCE (continued) 19.56 The employee, because of unforeseen or extenuating circumstances, will sustain a severe hardship if required to become a resident of the City. 19.6 Any employee failing to meet the residency requirements as herein stated and who fails to obtains an exemption from such requirements by approval of the Civil Service Commission shall be deemed to be insubordinate and guilty of misconduct resulting in automatic forfeiture of employment. 19.7 This Article does not apply to employees occupying a temporary summer residence outside of the areas stated in Paragraph 19.1 above during the period of May 15 through September 15 of any calendar year. 19.8 Articles 19.3, 19.4, and 19.5 shall not take effect and be in force until December 15, 1979. 19.9 In the event the City of Saint Paul repeals or is prohibited by a superior governmental authority from imposing residency requirements for its employees, the provisions in this contract regarding residency shall be of no force and effect. -28- ARTICLE XX - SICK LEAVE 20.1 As provided in City of Saint Paul Civil Service Rules Section. 20. 20.2 Modify the sick leave conversion to vacation policy, to allow eligibility for conversion when one hundred eighty (180) days have been accumulated. -29- ARTICLE XXI - FIRE FIGHTING EQUIPMENT 21.1 The EMPLOYER will provide the following fire fighting equipment for ' individual F,I�LOYEES; such as: Coats Boots Aelmets Choppers Liners - 30 - ARTICLE XXII - STATION SUPPLIES 22.1 The EMPLOYER will provide station supplies such as: Refrigerators Stoves Tables Chairs Soap Brass Polish Cleaning Rags Light Bulbs Chamois - 31 - ARTICLE XXIII - TELEPHONES 23.1 The II�LOYER will provide a public telephone as a back-up to the alarm . system. 23.2 Telephones installed for individual EMPLOYEES or groups of F�MPLOYEES will be at the II�LOYEES' expense. All such telephones must be approved prior to installation by the department head or his designated representative. , ir`° - - 32 - ARTICLE XXIV - WAGE SCHEDULE 24.1 The wage schedule for the purpose of this Agreement shall be Appendix A attached hereto. 24.2 Forty (40) hour work week II�LOYEES regularly assigned to night duty (e.g. - dispatcher, inspectors and fire. prevention employees) will receive night differential in accordance with existing City rules and policies. ', , i I i I . - 33 - ARTICLE XXV - UNIFORM ALLOWANCE 25.1 The 1972 base of One Hundred �caenty Dollars ($120.00) as a clothing allowance on a voucher system will be increased January 1, 1974,. and each year thereafter on the basis of a yearly study of the increased cost of the defined uniform. The 1972 base cost of the uniform is stipulated and attached as Appendix B. 25.2 It is further understood that Fire Prevention Employees shall receive a cloth- ing allowance which is Thirty ($30.00) Dollars greater than that provided herein for other employees. - 34 - ARTICLE XXVI - LEGAL SERVICES 26. 1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the EMPLOYER shall defend, save harmless and indemnify an EI�LOYEE, and/or his estate, against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission in the performance and scope of the EMPLOYEE'S duties. - 35 - ARTICLE XXVII - SEVERANCE PAY 27. 1 Severance pay shall be granted an employee upon the employee meeting , the requirements of the City's Ordinance No. 16303, which is in effect as of the signing of the contract and, which is made a part of this agreement by reference. .5;;, , , '� � -36- ARTICLE XXVIII - PHYSICAL INCAPACITATION 28.1 Any physically incapacitated II�LOYEE unable to perform normal work - duties may be assigned at the discretion of the department head to perform the duties of Fire Dispatcher or Fire Inspector. EhiPLOXEES so assigned by the department head will receive their regular rate of pay for a period not to exceed one hundred and twenty (120) days. After one hundred and twenty (120) days, EMPLOYEES so assigned will receive their regular pay rate or the Dispatcher II pay rate -- whichever is lower. - 37 - ARTICLE XXIX - CITY MILEAGE 29.1 Automobile 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 follow- ing provisions are adopted. 29.2 Method of Computation To be eligible for such reimbursement, all officers and employees must receive written authorization from the Mayor. Reimbursement shall be made in accordance with one of the following plans: Type 1. For those officers and employees who are required to use thier own automobiles occasionally for official City business, reimbursement at the rate of 13 cents for each mile driven. T�ype 2. For those officers and employees who are required to use their own automobiles on a regular basis on City business, reim- bursement at the rate of $2.50 for each day of work, and in addi- tion thereto at the rate of 6.5 cents for each mile driven. 29.3 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 further required that they maintain - automobile liability insurance in amounts not less than $100,000/$300,000 for personal injury, and $25,000 for property damage. These rules and regulations, together with any amendments thereto, shall be maintained on file with the City Clerk. - 38 - . ARTICLE XXX - PAID TIME OFF FOR NEGOTIATIONS 30.1 Employees elected to office in Local 21 shall be granted reasonable time off to meet with City officials for contract negotiations without loss of pay. The number of employees permitted to attend such negotiations shall be limited to two at any one meeting and such employee shall give prior reasonable notice for such absence and receive approval of the employee's designated supervisor. i - 39 - � �'`��9�:t� ARTTCLE XXXI- DURATION OF AGREEMENT 31.1 Except as herein provided, this AGREEMENT shall be effective as of the • date the AGREEMENT is executed by the parties and shall continue in full force and effect thru the 31st day of December, I979, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify this AGREEMENT shall notify the other in `ariting so as to comply with the provisions of the Minnesota Public Employment Labor Relations Act of 1971. 31.2 The wage schedule attached hereto as Appendix "A" sha11 take force and effect at such time as is specified in the administrative resolution recognizing and approving this AGREIIKENT in accordance with Section 12.09 of the St. Paul City Charter. WITNESSES: CITY OF SAINT PAUL INTERNATIONAL ASSOCIATION OF FIRE FIGATERS, LOCAL N0. 21 . �---� �J i� / . BY: C�i�_�•�-u-z.% C�,�-:7�1..-E..�-i... �, Labor ela ions D' ector President � BY: BY: � Civil Service Commission Secr tary reasurer � � �� ; r � BY: BY: l.� GC / . Mayor Recording Secretary BY: BY: Dated at St. Paul, Minnesota September 27, 1979 - 40 - APPENDIX �rA�r 1979 Salary Schedule Retroactive to January I, 1979 � Fire Fighter A B C D E F 10-yr 15-yr 592.16 621.76 652.85 679.21 713.94 742.88 781.46 800.76 Fire Alarm Dispatcher T *Fire Engineer Fire Equipment Operator Fire Prevention Inspector A B C D E F 10-yr 15-yr 627.69 659.06 692.02 719.97 756.77 787.46 828.35 848.80 Fire Alarm Dispatcher II A B C D E F 10-yr 15-yr b63.22 696.37 731.20 760.72 799.61 832.00 875.24 896.84 Fire Captain Fire Investigator A B C D E F 10-yr 15-yr 698.75 733.67 770.37 801.47 842.44 876.60 922.13 944.90 , - A1 -