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273785 WHITE - UTV CLERK I COUflCll �� "" ' �� PWK - FINANCE �. GITY OF SAINT PAUL CANARV - DEPARTMENT '� BI.UE - MAVOR ', F11C NO. Council Resolution Presented By Referred To I� Committee: Date Out of Commit lee B Date Y � An Adxninistrative Resolution approving the terms and conditions of a 1979-1980 Agreement between the City , of St. Paul and the St. Paul Fire Supervisory Association. WHEREAS C' , the ity, through its designated representatives, has met an¢1 negotiated the terms and conditions of employment for the period of 1979I and 1980 for such personnel as are set forth in the Agreement; and �WHEREAS, a 1979-1980 Agreement has been reached wh�ch includes a 1979 salary adjustment; now, therefore, be it !,RESOLVED, that the Agreement cited above, dated as of the e£fective date of this Resolution, on file in the office of the City Clerk, is hereby approv d, and the authorized administrative officials of the City are hereby author'zed and directed to execute said Agreement on behalf of the City. I Approved: I � Chairman Civil Service Co issio I COUNC[LMEN � Requested by Department of: Yeas l�a s � X�� McMah n PERSO EL OFF Hozza ' In Favor Hunt � Levine _ __ Against BY Maddox Showal Te co � �g�g Form pproved by i t ney Adopte y Coun ' . Date �EP 2 C � C ified P• ;ed by Co cil , reta�y By Bv . Ap by �Navor: r ,T 2 �g.,� AP o by Mayor for m' �on to Council gy — BY PusL1SNED 0 CT 6 1979 ' ' ' po'r�t detach this memorandum �the _ � r�so��tioc� so that this �nforcr�atWn Wi avsi�sble to the City Council. � BXP�ANATIOK OF ADT�IN�S"!'�AT�VP 0$DBR& . _� ' : 2� ��'j V;i� .. ' RESO�.UTION3. ORDINANG , ,.r..�,.,� .._� +..� .�.•.�r , Aate: Septern . 5, 1979 . T0: MAYOR G E tATIMER � _ FR: Persenn ' ffice . �; RE: Re�oluti' f�t eubffiiasion� to Ci�tq Coeuicil " r �� �, AC'�IO�: S� � .�..� Wo recamn�et� aPProval and submiesicm �of th#s Resolu�io�a to the Citq Cocurt+ei�.. . � :: ; : P��B; A� ':R� $` F08 THIS AC'PIdN s : Thi.� Ag�e.�t�� alls for a 7°�0. salary inerea'se in 1979 arid a 7°� incxea"s�-i$•1q��1., _ � ��s :�s t�� ff�; ritten Agr��rraent with this grot�p. It includ�s artic�ea das��g �t�:�►-t�oet r�f: pics nora�n'sl:ly fouad ia Agreemex�ts. Most articles are;the� a,a�e� < a�a*fow� in t�ep �` re Fi�h�er�s��greement. , l�i�e c:f thasz cles are in �oaflict with the Civil 3ervice Rulas� Th� 7!°y6. sa�3.ary. ii�����e ie re� tive to JaauarY 1� 1979. • 1� copy of'th�� wage rate s are attached along wi1� a copy of the- 197$ vu�a�e'ra�ea�s. : , , : � ,. . ATTAC�S z �� ? ' Resolution, emeat,- and copy for Cit.y Clerk. ' , . �.�.,:; ...... .�.., . ����, � ' . . �+ l MR ��� i:�e� I979 - 1980 AGREIIKII�TT - between.- _ _ _ _ _ _ _ THE CTTY OF SAINT PAUL ; - and - THE SAINT PAUL FIRE SUPERVISORY ASSOCIATION ' INDEX ARTICLE TITLE PAGE I Purpose 1 II Definitions 2 III , Recognition 3 IV Security 4 V Employer Authority 5 VI Grievance Procedure 6 VII Savings Clause 11 VIII Uniform Allowance I2 IX Legal Services 13 X � Seniority 14 XI Call Back I5 XII Insurance 16 XIII Vacation � 18 RIV Holidays 19 RV � Sick Leave and Matemity Leav� 20 XVI Severance Pay 2I XVII Wages 22 XVIII , Residence 23 XIX Incapacitation 24 RX Duration and Effective Date 25 ' Appendix A A1 Appendix B B1 . , , - ii - � ARTICLE I - PURPOSE 1.1 The 'Employer and the Saint Paul Fire Supervisory Association (SPFSA) - agre�e that the purpose of entering into this AGREIIKENT is to: 1.11; Achieve orderly and peaceful relations, thereby establishing ' a system of uninterrupted operations and the highest level ' of performance that is consistent with the well being of all ' . concerned. 1.12' Establish the full and complete understanding of the ' parties concerning the terms and conditions of this AGREEMENT. 1.13' Establish procedures to orderly and peacefully resolve disputes a.s to the application of interpretation of this AGREII�4ENT. 1.14 Place in written form the parties' agreement upon terms , and conditions of employment for the duration of this , AGREII�NT. � - 1 - I ARTICLE $I - DEFINITIONS ������;:�� . 2.1 ASS�CIATION: Saint Paul Fire Supervisory Association (SPFSA) � 2.2 EMPI�OYER: The City of Saint Paul ' 2.3 ASS4CIATION MII�IBER: A member of Saint Paul Fire Supervisory Association (SPFSA). 2.4 II�LOYEE: A member of the exclusively recognized bargaining nnit as cert�fied by the State Bureau of Mediation Services in Case No. 78-PR-lOSb-A dated August 1, 1978. , 2.5 VACANCY: As determined �by the department head, a funded position open�ag in a class specified i.n 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 emploqee: 'The performance of job duties and acceptance of the responsi- bilities of a position for a consecutive and uni.nterrupted itwen.ty-four (24) 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 uninterruted eight Q8) hour period within a calendar day. 2.8 DEPAR�'MENT: Ttie fire department of the City ot Saint Paul as established and azriended from time to time pursuant to Section 9.01 of the City Charter. 2.9 OVERTTiME: Work performed by an F�hIPLOYEE in excess of the IIKPLOYEE'S tour of duty by order of the II�LOYER. - 2 - ARTICLE' III - RECOGNITION 3.1 Th� IIKPLOYER recognizes the SPFSA as the exclusive representative for the purpose of ineeting and negotiating the terms and conditions of employment for supervisory Fire Department personnel. 3.2 Job' classes which are within the bargaining unit and covered by this AGREEMENT are as follows: Supervisor of Fire Communications Assistant Fire Marshal District Fire Chief Fire Marshal Fire Training Off icer 3.3 In the event tiie II�LOYER and the ASSOCIATION are unable to agree as to the �.nclusion or exclusion of a new or modified job position, the issue sha11 be submitted to the Bureau of Mediation Services for determination. - 3 - i, � � ARTICLE I}iT - SECURITY 4.1 The �MPLOYER shall deduct from the wages of II�LOYEES who authorize such a deduction in writing an amount necessary to cover monthly ASSOCIATION dues and assessments. Such monies shall be remitted as directed by the ASSO�IATION. 4.2 The �1SSOCIATION may designate II�LOYEES from the bargai.ning unit to act . as s�ewards and shall inform the II�'LOYER in writing of such choice. 4.3 The A;SSOCIATION agrees to indemnify and hold the EriPLOYER harmless again;st any and all claims, suits, orders or judgments hrought or issuad again.�st the city as a result of any action taken or not taken by the city under, the pravisions of this article. - 4 - ARTICLE V - II�iPLOYER AUTHORITY � 5.1 The SPFSA recognizes the prerogatives of the EMPLOYER to operate and mana;ge its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The prerogatives and authority whicli the ElNPLOYER has not officially abridged, delegated or modified by this AGREIIKENT are retained by the II�LOYER. 5.2 A pu�lic employer is not required to meet and negotiate on matters of iiiherent managerial policy, which include but are not limited , to, Such areas of discretion of policy as the functions and programs of t�e employer, its overall budget, utilization of technolQgy, and orgamizational structure and selection and direction and number of personnel. il i � � � ,, i ' . - 5 - ' , � i ARTICLE V� - GRIEVANCE PROCEDURE 6.1 DEFINITION OF GRIEVANCE A gr�evance is defined as a dispute or disagreement as to the inter- pret�tion or application of the specific terms and conditions of the AGREpN1ENT. It is specifically understood that any matters gaverned by civil service rules or statutory provisions shall nnt be considered griev,ances and subject to the grievance procedure hereinafter set forth. No di�ciplinary action which may be appealed to a civil service or merit system authority wi.11 be considered a grievance and subject to the griev�nce procedure herein. 6.2 SPFSA REPRESENTATIVES The EkIPLOYER will recognize representatives designated by the SPFSA as the grievaace representatives of the bargaining unit having the duties . and responsibilities established by this ArticYe. The SPFS� shall notify the II�LOYER in writing of the names of such SPFSA representatives and o� their successors when so designated. 6.3 PROCE$SING OF GRIEVANCE It isjrecognized and accepted by the SPFSA and the El�LOYER that the processiag of grievances as hereinafter provided is limited by the 3ob dutie� and responsibilities of the II�LOXEE and shall therefore be accomplished during normal working hours only when consistent with such E�LOYEE duties and responsibilities. The aggrieved EMPLOYEE and th�e SPFSA shall be allowed a reasonable amount of time without loss iJni pay when a grievance is investigated and presented to the . - 6 - ARTICLE VZ - GRIEVANCE PROCEDURE (continued) EM1'LpYER during normal working hours provided the EMPLOYEE and the ' SPFSA representatives have notified and received the agproval of the designated supervisor who has determirced that such absence is reaspnable and would not be detrimental to the work program of the �LOYER. 6.4 PROC�DURE Grievances, as defined by Section 5.1 shall be resolved in confor- mance with the foZlowing procedure: Step 1. An E[�LOYEE claiming a violation concerning the interpretation of applicat.ion of the Contract shall within 'twenty-one (21) calendar days after such alleged violation ,has occurred present such grievance to the II�PLOYEE'S supervisor as desiguated by the II�LOYER. The II�LOYER- designated representative will discuss and give an answer 'to such Step 1 grievance within ten (10) calendar days after Ireceipt. A greivance not resolved in Step 1 and appealed in Step 2 shall be placed in writing setting forth the lnature of the grievance, the facts on which it is based, the provision or provisions of the Contract allegedly lviolated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER- designated representative's final answer in Step I. Any grievance not appealed in writing to Step 2 by the SPFSA within ten (10) calendar days shall be considered waived. , - 7 - � ARTICLE I - GRIEVANCE PROCEDURE (continued) Step 2. If appealed, the written grievance shall be presented by . Ithe SPFSA, and discussed with the F.MPLOYER-designated Step 2 representative. The F,I��'LOYER-designated representative shall give the SPFSA the EMPLOYER'S Step 2 answer in writing within ten (10} calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) � �calendar days following the EMPLOYER-designated representativets Step 2 answer. Any grievance not appealed in writing to Steg 3 by the SPFSA within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by - 'the SPFSA to, and discussed with the II�LOYER-designated Step 3 - representative. The E1�LOYIIt-designated representative shall give - the SPFSA the II�PLOYER'S answer in writing within ten (10) calendar �days after receipt of such Step 3 grievance. A grievance not xesolved in Step 3 may be appealed by the SPFSA to Step 4 within �ten (10) calendar days following the Il�LOYER-designated representa- itive's final answer in Step 3. Any grievance not appealed in writiag to Step 4 by the SPFSA within ten (10) calendar days shall be considered waived. St� ep 4. A grievance unresolved in Step 3 and appealed to Steg 4 $ha11 be submitted to arbitration subject to the provisions of the �'ublic Employment Labor Relations Act of 1971. The selection of �n arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public �mployment Relations Board. - 8 - ARTICLE V� - GRIEVANCE PROCEDURE (continued) 6.5 ARBIT�tATOR'S AUTHORITY � The arbitrator shall have to right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of the AGREII�ENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the II�LOYER and the SPFSA, and shall have no au�hority .to make a decision on any other issue not so submitted. 6.6 The axbitrator shall be without power to make decisions contrary to or intonsistent with or modifying or varying in any way the appli- catiom of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submi.tted i.n writing within thirty (30) days following the close of the hearing or the submission of br�.efs by the parties, whichever is later, unless the parties agree to an extension. The decisiore 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. 6.7 The fees and expenses for the arbitrators' services and proceedings sha.11 be borne equally by the II�LOYER and the SPFSA, provided that each party shall be responsible for compensating its own representatives and wiitnesses. If either party desires a verbatim record of the pro- ceedin;gs, it may cause such a record to be made, providing it pays for th�e record. If both parties desire a verbatim record of the proceejdings, the cost shall be shared equally. - 9 - - �!-���o-°,-.�. ARTICLE V - GRIEVANCE PROCEDURE (continued) �i1t� J;'�� "� 6.8 WAIV�R If a grievance is not presented within the time limits set forth abov�, it shal.l be considered "waived". If a grievance is not appe�.led to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basi� of the II�LOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time , limi�s, the SPFSA may elect to treat the grievance as deni.ed at that stepiand immediately appeal the grievaACe to the next step. The time limit on each step may be extended by mutual written agreement of tHe employer and the SPFSA in each step. 6.9 RECOR'wDS All documents, communications and records dealing with a grievance sha11 be filed separately from the personnel files of the involved emplojyee{s). - 10 - ARTICLE V'II - SAVINGS CLAUSE ' 7.1 This, AGREEMENT is subject to the laws of the United States, the State of M$.nnesota and the City of Saint Paul. In the event any provision of t�is AGREEMENT shall be held to be contrary to law by a court of comp�tent 3urisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be void�d. All other provisions shall continue in full force and effect. The �oided provision may be renegotiated at the written request of eitha,r party. • � - 11 - � i ; i ARTICLF� VIII - UNIFORM ALLOWANCE 8.1 The 1972 base of One Hundred Twenty Dollars ($120.00) as a clothing al�owance on a voucher system wiZl be increased January l, 1974, and ea�h year thereafter on the basis of a yearly study of the increased co$t of the defined uniform. The 1972 base eost of the uniform is st�.pulated and attached as Appendix B. 8.2 Tt 'is further understood that Fire Prevention Employees shaZl receive a �Iothing allowance which is Thirty ($30.00) dollars greater than that provided herein for other employees. I, � ' - 12 - , i ' i ARTICLE I� - LEGAL SERVICES 9.1 Exce�t in cases of malfeasance in office or willful or wanton neglect of duty, the EMPLOYER shall defend, save harmless and inde�ify an II�LpYEE, and/or his estate, against any claim or demand, whether grou�hdless or otherwise, arising out of an alleged act or omission � occu�Cing in the performance and scope of the EMPLOYEE'S duties. I� , i 'I � I ; , I � , i II I' � , - 13 - i i � � ARTICLE X �- SENIORITY � 10.1 Depar�tment Seniority For t�►e purposes of this AGREEMENT seniority shall be defined as the lengtk� of continuous and uninterrupted employment in the fire department. � 10.2 Loss If De artment Seniorit r y An II�LOYEE will lose acquired department seniority in the following insta�.ces: I 10.31 , Resignation 10.321� Discharge 10.33 � Retirement 10.3 Work Iorce Reduction In the event of a reduction in the department work force, such reduction shallloccur in accordance with Section 22 of the Civil Service Rules as of th� date of the signing of this AGREII�N'T. i 10.4 Reduct�ion in Rank Reduct�ion in rank shall ba in accordance with the Civil Service Rules as of the� date of the signing of this AGREEMII�TT. (Except as indi.cated below) 10.41 Reduction in rank for periods up to but no more than 30 � consecutive calendar days will be by platoon senioritq. 10.42 � Reduction in rank fbr more than 30 consecutive calendar I days shall be in accordance with the Civil Service Rules I as of the date of the sigaing of this AGREEMENT. j ' I ' - 14 - � li ti, ���}��:��� ARTICLE X� - CALL BACK �I 11.1 II�II'L�YEES required to report for work by the II�LOYER during scheduled , off-�uty time will be compensated the straight time rate. The minimum paym$nt under this Article will be four (4) times the EhiPLOYEE'S hour7ly rate. An early report of two (2) hours or less or an extension of ainormally scheduled tour of duty shall not qua.lify an II�LOYEE for this �a3nimum payment. , �� , ,I � I, � II �II I �, ; I - 1 - 5 � _ _ . � ARTICLE �II INSURANCE i 12.1 The �LOYER will continue for the period of this AGREEMENT to provide for �'LOYEES such health and life insurance benefits as are provided by E]MPLOYER at the time of the execution af this AGREEMENT. 12.2 The �LOYER will for the period of this AGREEMENT provide for II�LOYEES who #etire after the time of execution of this AGREEMENT and until such II�L�YEES reach sixty-five (65) years of age such health insurance benefits as a�e provided by the EME'LOYER. 12.3 In tl�e event of the death of an active Eh�LOYEE or an earl retiree the y , deel p �dents of such F.t�Il'LOYEE or retiree shall have the option witlzin thirty (30) days to continue or begin the current hospitalization and medical benef�ts, including such improvement as may be made from time to time, which _. said �iependents previously had, or be eligible for at the premium applicable to de�endents of acfiive employees. It is further understood that coverage shall�, cease in the event of: 12.31 � Subsequent remarriage of the surviving spouse of the i deceased employee or retiree. 12.32 ' The employment of the surviving spouse where hospitalization � and medical insurance coverage is obtained through a group pro- I gram by said employer. It is further understood, however, that ' in said even.t, the surviving spouse shall have the right to , j maintain City hospitalization an@ medical insurance coverage I, for the first ninety (90) days of said employment. 12.4 City p�avided life insurance in existence at the time of retirement shall continµe to be provided by the City after an employee shall take early retire�ent, but such coverage shall terminate at age 65. ' - 16 - � ARTICLE X1�I - INSURANCE (continued) . 12.5 All aarly retirees covered in this Bargaining Unit shall receive the � same I�'Health and Welfare benefits regardless of the date of their early i retiriement. In order to be eligible for the benefits under this early retir�ee provision, the employee must: 12.511 Be receiving benefits from a Public Employee Retirement Act. 12.52' flave severed his relationship with the City of Saint Paul under I one of the early retiree plans. The C�.ty and above ASSOCIATION also agree that any employee who is eligible for aideferred Fire Pension shall receive sueh Health and Welfare benefits when �e begins to receive his pension benefits. 12.6 The C3.ty agrees to contribute the cost of hospitalization and medical cover- - , age o� $36.85 per month, whichever amount is less, for each employee who is eligi�le for such coverage. In addition, for each eligible enployee who selects dependent's coverage, the City will contribute one-half (�) of the cost �f such dependent's coverage or $42.43 per month, whichever amount is i less. ' These contributions shall be paid to the City's group health and welfa�te plan. Any increases in these costs shall be paid by the employee. � _ _.._.�._ _ - - __---- . 12:7 The C�ty �agrees to contribute the cost for $S,OOO of �life insurance coverage for e�.ch employee who is eligible for such coverage or $3.25 per month, whiche�ver 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 e�ployee. I I - 17 - , I i ARTICLE X11LI - VACATION 13.1 El�LO�YEES shall be granted in each calendar year vacation at the rate . of turo (2) times the number of hours designated as the work week. After five ,(5) years of continuous employment �in II�LOYER'S fire department, II�LdYEES shall be granted vacation at the rate of three (3) times the ; numbe�r of hours designated as the work week. After fifteen (15) years of cdntinuous employment in ENIPLOYER'S fire department, II�LOYEES shall be g�tanted vacation at the rate of four and two-tenths (4.2) times the � numb�r of hours designated as the work week. After twenty-five (25) year� of continuous employment in II�IPLOYER�S fire department, II�fPLOYEES shal� be granted vacation at the rate of four and four-tenths (4.4) titne�. the number of hours designated as the work week. ' - � 13.2 The �lepartment head may pe�it II�LOYEES to carry over into the follow- ing calendar year vacation time equivaleat to two work weeks. Vacation scheldules shall be fixed by the department head. An II�LOYEE not worlUing full-time shall be granted vacation on a pro-rata basis. 13.3 II�IPI�OYEES separated from employment by reason of resignation shall be granited such vacation pay as has been earned and remains unused at the tim� of separation, provided notification of resignation has been sent to ithe department head, in writing, at least fifteen (15) calendar day� prior to the date of resignation. II�LOYEES separated from emp�oyment by reason of discharge, retirement or death shall be granted suclh vacation pay as has been earned and remains unused at the time of separation. II�LOYEES granted more vacation time than earned at the tim�e of separation from employment shall pay the II�LOYER for such une�rned vacation. ' - 18 - i � i • ' �'"P-�i F..�.�.� T, �1�� ,.;:..�y ARTICLE X�V - HOLIDAYS 14.1 In addition to what is provided in Section 1 I of Saint Paul`s Salary , Plan' and Rates of Compensation Resolution, add one additional floating holi�ay which is to be added to the vacation schedule by increasing vacat�ion by .2 (two-tenths) times the number of hours designated as the c�ork week. � 14.2 For tlhose employees assigned to a wark week other than Monday r throqgh Friday, the holiday shall be observed on the calendar date of the holiday. II� _ ! � I� � , ' � ' � i � ,- 19 - � ARTICLE X - SICK LEAVE AND MATERNITY LEAV � E � 15. 1 Sick leave shall be granted in accordance with the Civil Service RuleS. • 15.2 Modi�y the sick leave conversion to vacation policy, to allow eligibility for Conversion when one hundred eighty (180) days have been accumulated. . , 15.3 Mate�tnity Leave. Maternity is defined as the physical state of pregr�ancy of an employee, co�encing eight (8) months befoze the esti�ated date of childbirth, as determined by a physician, and endirig six (6) months after the date of such birth. In the event of arij employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the employer may apprdve such leave at its option, and such leave may be no longer than 'one (1) year. I i j i � - 20 - ; I , i I . i ARTICLE XV'I - SEVERANCE PAY I 16.1 ENIPLqYEES shall be eligible for severance pay in accordance with , the $everance Pay Ordinance No. 11490. The amount of Severance Pay �.11owed shall be that amount permi.tted by State Statutes subj�ct to the provision that the maximum amount allowed shall _ be $4,000.00. � I � � i I . , i I w ; , , I � i ' - 21 - . � , i � ARTICLE X�II - WAGES 17.1 The c�age schedule for the purpose of this AGREEMENT shall be Appendix B � atta�hed hereto. - 22 - I